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2012-11-13I DIAN *-aw�m. CITY COUNCILWORKSHOP MEETING AGENDA Tuesday, November 13, 2012 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tamm de Weerd _ v y 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Public Works Agreement with Nampa & Meridian Irrigation District to Encroach within the Easement of the Five Mile Creek and to Discharge into the Five Mile Creek B. Public Works Agreement with Ada County Highway District (ACRD) for Construction of the Franklin Road -Ten Mile to Linder Project C. Pathway Easement for Paramount Subdivision No. 21 D. Approval of Award of Bid and Agreement for Independent Contractor Services for "Well 17 Upgrades — FY2013" to Hiddleston & Son, Inc. for a Not -To -Exceed Amount of $79,615.00 E. Approval of Task Order 10312h for "Municipal Water Supply Well No. 16-A Evaluation and Reconstruction Design, Inspection, and Geotechnical Services" to Hydro Logic, Inc. for the Not -To -Exceed Amount of $82,450.00 F. Resolution No. 12-886A: An Amended Resolution Of The Mayor And The City Council Of The City Of Meridian, Meridian City Council Meeting Agenda — Tuesday, November 13, 2012 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. 6. Appointing Jack Borton As A Youth Member To The Parks And Recreation Commission Community Items/Presentations A. Annual Update from Lakeview Golf Course Request granted to waive the annual $6,000.00 payment by the Golf Course due to the capital improvements to the course by the current lessee. B. Meridian Arts Commission Recommendation Regarding Meridian Split Corridor Phase 2 Public Art Project Proposals Motion Approved to Accept the Arts Commission Recommendation Items Moved From Consent Agenda None 7. Department Reports A. Fire Department: Strategic Plan Update B. Mayor's Office: Community Liaison Update C. Community Development: Business Registry Update D. Community Development: Rail with Trail Grant Application E. Legal Department: Commercial Commingled Recycling Service Rate Reduction for 95 -gallon Carts as Requested by Republic Services, Inc. F. Legal Department: Resolution No. 12-889: A Resolution of the Mayor and City Council Adopting a Reduction to the Commercial Commingled Recycling Service Rate for 95 -Gallon Carts as Requested by Republic Services, Inc. Approved G. Police Department: Policy Manual Revision for Meridian Police Department H. Police Department: Resolution No. 12-890: A Resolution of the Mayor and City Council of the City of Meridian Adopting the Revised Meridian Police Department's Policy Manual Approved I. Public Works: Status and Future Options for the RV Dump at the Wastewater Treatment Plant Meridian City Council Meeting Agenda — Tuesday, November 13, 2012 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. J. Amended onto the Agenda: Legal Department: Discussion on Meridian Split Corridor Phase 2 Temporary Use Ordinance Revisions 8. Ordinances A. Ordinance No. 12-1532: Temporary Use Permit for One Additional Sign for Permanent Proprietors in Meridian Split Corridor Phase 2 Roadway Project Area Approved 9. Future Meeting Topics None Adjourned at 6:01 p.m. Meridian City Council Meeting Agenda — Tuesday, November 13, 2012 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council November 13, 2012 A meeting of the Meridian City Council was called to order at 3:03 p.m., Tuesday, November 13, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Scott Colaianni, Mark Niemeyer, Steve Siddoway, Warren Stewart, Emily Kane, David Allison, Tracy Crane and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start today's meeting for the City Council Workshop. For the record it is Tuesday, November 13th, three after 3:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items on the agenda today. Item No. 7-F is resolution number 12-889. 7-H is resolution 12-890 and we need to add a 7-J. This is from the Legal Department, a discussion on Meridian split corridor phrase two temporary use ordinance revision. With that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second Meridian City Council Workshop November 13, 2012 Page 2 of 58 De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Public Works Agreement with Nampa & Meridian Irrigation District to Encroach within the Easement of the Five Mile Creek and to Discharge into the Five Mile Creek B. Public Works Agreement with Ada County Highway District (ACHD) for Construction of the Franklin Road - Ten Mile to Linder Project C. Pathway Easement for Paramount Subdivision No. 21 D. Approval of Award of Bid and Agreement for Independent Contractor Services for "Well 17 Upgrades — FY2013" to Hiddleston & Son, Inc. for a Not -To -Exceed Amount of $79,615.00 E. Approval of Task Order 10312h for "Municipal Water Supply Well No. 16-A Evaluation and Reconstruction Design, Inspection, and Geotechnical Services" to Hydro Logic, Inc. for the Not -To -Exceed Amount of $82,450.00 F. Resolution No. 12-886A: An Amended Resolution Of The Mayor And The City Council Of The City Of Meridian, Appointing Jack Borton As A Youth Member To The Parks And Recreation Commission De Weerd: Item 4 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Meridian City Council Workshop November 13, 2012 Page 3 of 58 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Community Items/Presentations A. Annual Update from Lakeview Golf Course De Weerd: Item 5 is our Community Presentations. Today we have with us Eric and Jerry. Welcome. Oh. And Clint. And Clint. I saved the last for the best; right? Okay. Item 5-A. Oaas: Madam Mayor City, Councilmen, I appreciate the opportunity to come and speak with you today to give you our 2012 progress report on the -- on the golf course. If we want to flip to the second slide. Holman: Mr. Oaas, you can take that pen and tap in the lower left-hand corner. There is a forward and back. Bird: Okay. Got it. Thank you. I see here. All right. Perfect. From an operation standpoint Lake View Meridian investors, which is my partner Steve Laney and I, remain as the lessor. Oaas Laney are the sole members of the LLC that is the lessor of -- for the golf course. We have renewed our contract with Raven Golf -- De Weerd: Eric, can you pull that microphone in front of you? Thank you. Oaas: We have renewed our contract with the -- with Raven Golf Services to manage the golf course property and as you know and we have come to learn over and over again, they are very well respected in the valley and manage a number of courses throughout Idaho. Our head professional is John Wallace. John has been with us a couple of years now and he is doing a fabulous job, as well as our course superintendent Rich Rush is -- has just done a fabulous job. Our capital improvements and what we have -- some of the things that we have done to the golf course this year are -- we are pretty proud of. First, we spent on the clubhouse renovation, on the restaurant and bar, about 11,567 dollars. This included painting, redoing a lot of the kitchen area, recarpeting, reupholstering chairs. It really -- really was a major face lift to the -- to the clubhouse operation and it certainly shows. This does not include the amount of the -- that was contributed by the men's and women's association and the volunteer work, this is strictly the out-of-pocket cost for the golf course. Tree planting -- we were fortunate enough to -- to be donated several hundred trees by Cloverdale Nursery and we, with the help of Raven Golf Services, had -- and the Boy Scouts, did a number of plantings this year at the golf course and these trees have just -- already they are just significantly improving the esthetics of the golf course. We also installed a pond pump on the practice range in front of the clubhouse, which from an esthetic standpoint Meridian City Council Workshop November 13, 2012 Page 4 of 58 the water and the sound of the water is very nice, plus it helps with mosquitoes and it also helps move the balls -- the floating balls closer to -- easier to pick up. And, then, finally, we put a fire pit and a barbecue on the patio and the total -- total for this year alone was over 20,000 dollars. The current challenges -- what I did in here is I pulled a slide from our presentation of a couple of years ago and I thought, well, it would be kind of interesting to see how we compare now to where we were a couple years ago. Golf course play across the valley and nationally has declined due to the economy and, obviously, this has continued and is continuing. The financial issues have created significant cash flow challenges. We have made pretty substantial progress in this regard and have certainly eliminated a lot of the dire overhead debt issues, but the cash flow challenges still continue. The irrigation system inadequacy causes operational problems and additional labor for watering and that -- that is continuing, but as you will see in the video that I have at the end of the presentation, the golf course is just in tremendously good condition and Rich and his team, under the direction of Clint, have -- have really done a phenomenal job. And, then, finally, we -- we had cart paths that were in significant disrepair a couple years ago. Well, obviously, we know that through a lot of volunteer help and donations and investment on the part of the golf course, we got those in very good shape. Current opportunities. Loyalty of Lake View Golf Course golfers is incredible. The men's and women's association have done an awesome job continuing to do things that -- that help enhance what we are doing at the golf course. They worked on a bridge repair, a paver project, the bar -- oops. The bar stoop. That should be bar stool upholstery and the port -a -potty enclosure, which is -- which is sort of an eye sore, that they donated the materials and -- and we provided the labor to put it up. So, they are very active and we certainly are appreciative for what they are doing. The course maintenance is excellent. It was a remarkable effort this summer, even with our extremely hot temperatures. The greens, in our perspective, are much better than nearly all of our peers. Next I want to talk about a capital improvements plan. It's -- we have put together a list -- not in any particular order, but a list of items that we think need to be addressed and we intend to address over the next seven years. First on the list is pretty self-explanatory. Purchase lease golf carts. When you have -- our target is to have a fleet of 40 operational golf carts in process or in service at all times. We are very -- came very close this past year to -- to reaching that. We had to bring in some -- some rentals from time to time, but overall we are -- we got the golf carts pretty well in hand. We have got -- we have got the last group of batteries replaced next year and, then, we should be in good shape. Rework and refurbish number eight and number greens. We also want to relocate and rebuild the main putting green back to the area that's a little bit to the -- to the west of where it's currently located and right now it's -- it's a little bit like putting on the surface of a bowling ball, it's -- and from our perspective we can do a lot better by getting it over into that surplus area between that area and the -- and the parking lot and maybe even making it a two tier putting green. On the bunker renovation, this is something that -- that the bunkers are in significantly better shape now, but -- but we will be rebuilding bunkers over the next several years. Cart paths replacement we know that work over the next several years. Cart path replacement. We know that the work we did last year was -- was solid, but we will -- we will need to replace and redo cart paths over the next several years. That's just -- that's just something that's a given. And, then, finally, we have a general area called landscaping Meridian City Council Workshop November 13, 2012 Page 5 of 58 projects that will include things like rebuilding tee boxes and -- and providing additional landscaping, you know, throughout the golf course. And, then, finally, I just wanted to thank you, Council and Madam Mayor, for all your support, particularly Councilman Rountree and Madam Mayor for attending our golf course focus meetings and offering your support for what we are -- what we are trying to do and we think we have made some pretty incredible progress. I have got a -- I have got just a short video that -- that we had taken this summer, which shows -- and this is late in the summer. It shows the quality of the golf course. You can see throughout that there are a lot of -- show a lot of new planted trees. You can see the -- the fountain off to the upper right-hand corner. But the thing to notice is the quality of the course and how green the turf is and how incredibly high quality the putting greens are. Our -- our superintendent and his team have done just an awesome job. With that, we would like to -- I'd like to invite Jerry and Clint to come up here and we would be happy to answer any questions you might have. De Weerd: Thank you, Eric. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just -- and I thank you for keeping it up. It's the best it's looked in -- ever. All your golfers are very happy. Keep it up, Eric. Appreciate it. Jerry. Clint. Thank you very much. Oaas: Thank you, Councilman Bird. De Weerd: I think you can tell -- I appreciate the slide that you added with acknowledging the loyalty of the men's and women's golf associations and their confidence that is showing through, them stepping up and getting more engaged and being more of a part of the improvements that you see out there and I think that was probably the time that built the trust and the respect, but you can see that it's -- it's a mutual respect and -- by what they have engaged themselves in, too. So, congratulations on that. Breaux: Thank you. We are really trying to satisfy -- De Weerd: You want to -- I just needed you to step forward to make sure that was on the record. Breaux: I wanted to make that part of the record. We are trying to satisfy Mr. Barton. He's our -- he's the biggest -- and I also saw the score card, Madam Mayor, when you were playing the other day with your husband and how bad you beat your husband on the golf course. You know, that's -- Meridian City Council Workshop November 13, 2012 Page 6 of 58 De Weerd: Well -- and that was not even swinging a club. I just went walking with him. I thought you were going to get after me, because I didn't pay. Breaux: You didn't pay? Oh, never mind. De Weerd: I didn't pay to walk. I was along -- I was his caddy. Other comments, questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I, too, would like to add my thanks for how well the golf course is being taken care of. I'm not a golfer, but many of my neighbors are and they seem to be happy with how things are going and just from my observation of people that do go by, they -- I know you're not as busy as you could be and it is a slow time, but I do see quite a few golfers out there and they seem to be happy and I want to compliment you on that and as a neighbor of the golf course I appreciate -- Breaux: Well, we appreciate that and, you know, the economy is getting better, more people are playing golf, rounds are up a little bit. Not a lot, but they are up a little bit. And the golf course continually gets better. We don't hear a lot of compliments when the golf course is good and people are playing well, then, they don't complain too much, so we don't hear a lot of that. So, we especially appreciate that. Eric, are you listening? Zaremba: Well, I think the evidence is that you have more and more people playing. I mean I remember many years ago before you guys were there beautiful days would go by without a single golf cart out there. So, I think that's an improvement. That's it. I do have a couple of questions about the presentation. You mentioned that it was an ongoing issue with the irrigation where you -- it's not all in the right places -- I mean we have known this for many years and you get wet spots and dry spots and stuff. I didn't see on the CIP that you're addressing that. Is that something that you are working on? Did I miss that? Oaas: We are -- Councilman Zaremba, we are working on that. We -- we are still hopeful that -- that there might be a possibility of -- of utilizing reclaimed water, but we have done some preliminary work and I have also done some preliminary work to investigate that, but there is -- there is some open issues there that we -- neither of us have answers on yet, but, yes, we -- we -- we are aware of it, we know we need do something in that regard. But it's a substantial investment and if there is a -- if there is a possibility of utilizing reclaimed water, the golf course would really like to explore that, but we just don't know right now. Zaremba: Madam Mayor. I know the city would appreciate it if you could use -- hook into the reclaimed water system. That's a source issue and I guess I'm talking about a Meridian City Council Workshop November 13, 2012 Page 7 of 58 distribution issue really. It seems to me like some of it needs to be replumbed, regardless of what your source is. Oaas: It would all have to be redone if we use reclaimed water. Zaremba: Okay. Oaas: If just by the nature of -- of the raw material. Zaremba: Okay. So, that would be part of the same project. Oaas: Uh-huh. Zaremba: A couple more little questions if I may. There was a time where you owed money to Nampa -Meridian Irrigation District. Is that getting resolved? Oaas: We are completely current at this time. Zaremba: Cool. Good to have that known. And, then, one small issue on the cart paths and that is where it uses the public sidewalk on Talamore. We have talked about that before and I don't see it to the CIP to fix that problem either. Is that coming? I -- along with the good things I hear from my neighbors that's the one picky thing that I do hear from all of my neighbors that walk -- they are challenged with the carts that are on the sidewalk, so -- Oaas: Right. And we -- we understand that there will be a presentation from one of us, the owners association in that regard today. We do plan to address that. There is really a couple ways to fix it. We are just -- we have not set up the meeting with -- with us and the city and all the interested parties out on site to sort walk through and figure out what's the best alternative. The summer season -- you know, in getting through that was more important. Now we have got the time to do that and we plan to do that very shortly. Zaremba: I realize it's not the number one priority, but I don't want it to disappear off the radar screen. Oaas: No. No. Zaremba: And, again, thank you all for all the work you are doing. Oaas: You bet. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council Workshop November 13, 2012 Page 8 of 58 Hoaglun: I appreciate the progress that has been made. It's moving forward in the right direction. There is always challenges, things you can't control, like the national economy and things you can, but you got to work through them and make priorities and get to them. Just an anecdotal piece of evidence that the golf course does more than just golfers. We have a young man in his office -- in our office with a wife and they are expecting and they have been living in an apartment in Boise and they've wanted to move out to Meridian for a long time and they are looking and looking and looking and they found a house along the golf course that they are able to afford and they are extremely excited and they think that that golf course looks wonderful. So, even though -- actually, he's a golfer, so he will probably be out there doing some golfing down the road, but that really helps -- it helps the housing market in that area when you have got a nice looking project there and even for people who don't golf„ they want to be someplace with a lot of open space and a golf course is a great place to look and so it was just kind of interesting to hear his comments about how pleased they were to be there next to the golf course and what it looks like. So, appreciate that. Oaas: Thank you, Mr. Hoaglun. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just wanted to thank you all for participating in the golf forum. I would like to see that continue and I think we are going to be having our next meeting in December. I would ask that -- you know, it's kind of been one sided at this point. It's been stuff from the -- Mr. Barton and the city and you all I know have things you want to offer, too, so I would like to encourage that. I think it's been useful, at least from the city's perspective, those issues that Councilman Zaremba brought up are issues that we have talked about and we have taken some action on and a growing point that you all need to be aware of, there is a feasibility study in the CIP for Public Works for water and water delivery at the golf course with reclaimed water. So, that's something that's yet to happen, but will happen in probably the near future. We will get a handle on what -- what it's going to take and what it's going to cost and, then, take the next step. But I appreciate the time that you spend with us, so we can communicate. Obviously, we need to communicate back and forth here a little better. And I hope we can continue and I hope that -- I know, Eric, that you seem to be a little more comfortable as we meet this idea of having to deal kind of in a public environment, as opposed to closed office space. So, continue to get more use to it and we will try to make it as comfortable as we can for you. Oaas: There have been no attempts at strangulations lately, so I think that -- De Weerd: Yeah. We actually see a natural smile on your face instead of a forced one. Rountree: I -- I second all of the -- the part of the comments about the golf course. I have heard a lot of people that are not necessarily regulars out there that just come and play occasionally and they have said the greens are as good as there are in the valley Meridian City Council Workshop November 13, 2012 Page 9 of 58 and these are people that play all over the valley. So, that's a real credit to -- to Raven and your hiring and having Raven and Rich and his crew. They are doing a great job. Oaas: Thank you, Councilman Rountree. De Weerd: Anything further from Council? Bird: I have none. De Weerd: Jerry or Clint, anything you would like to add? Breaux: No. Thank you. De Weerd: We appreciate you all coming and certainly, again, every single year we see very big progress and it's greatly appreciated and it's very appreciated when we hear pleasant things, instead of the opposite. And we are. We appreciate it. Oaas: Madam Mayor, thank you. I promise not to drive my Escalade out on the golf course and chase golfers off. De Weerd: That would be appreciated. Oaas: Thank you. Honestly, we sincerely appreciate your support and look forward to continuing in the future. De Weerd: Thank you. Steve, did you have anything? Rountree: Ted does. De Weerd: Or Ted. Baird: Madam Mayor, Members of the Council, I wanted to take a few minutes today to let you know where we are with the -- an addendum to the lease. The changes that Eric talked in his presentation, anything that is -- affects -- is affected or controlled by the lease we need to reduce that to writing and what I have put before you are just some bullet points about some of the changes that were put into that addendum. The first one would have to do with the revised capital improvement program. As you recall, the original lease has very specific year by year program through years one through six. Those years have passed. The task force has discussed at length the feasibility of holding them to that and after much discussion the recommendation from the golf course task force is that we institute the 6,000 dollar per year expenditure program that Eric described today. The list of items that he put forth would be the type of things -- he's the operator of that for some flexibility to do what's most important any particular year and being able to capitalize and maximize on volunteer efforts and donations and things of that nature. But we would be looking for verification of 6,000 dollars' worth of capital improvements every year and that would tie into the request for the rent relief. I Meridian City Council Workshop November 13,2012 Page 10 of 58 will give you that in just a minute. Second item has to do with the accounting records. There has been significant back and forth and, quite frankly, some lack of communication perhaps on both sides between our Finance Department and the operator. Stacy and Eric have agreed to sit down, get a clear understanding of what they want, what he can give that meets the intent of what we are requiring, so that we can verify the income of those operations and show that our city resources are being used appropriately. So, that language isn't complete. That's, frankly, what's the last piece that needs to fit into this. So, we will continue to work on that. Now, presuming that the 6,000 dollar per year proposal is acceptable, we would like to get the next seven years on an auto pilot is what I'm calling it, so that I don't have to get a call from accounting on October 2nd saying that the golf course forgot to come in and ask for the rent release. What I'd like to do is just say for the next seven years, as in the previous year, if 6,000 dollars was spent that proof of that was given to the city one month in advance and we verify that through accounting, if accounting is okay with it they put it through the City Council on a Consent Agenda with supporting information, if anybody on the Council has questions you could pull it off. This is not intended to take the place of the annual presentation from the golf course, but it's just to get this piece on an auto pilot for the next seven years. So, I will be asking for some feedback on that if Council thinks that that's an appropriate way to proceed. One other item that Stacy wants to put in there as a precursor to allowing the annual rent relief is that she gets those documents every year that she's asking for, the financial documents. Finally, the last one is an easy one, regarding the ground maintenance. There was a detailed list in the original lease of things that they would do to various points on the course. When Raven came in they looked at it, they revised it for what works for them. I think the proof is in the fly over video that you just saw, what it -- it's kind of above and beyond and what they are doing is, obviously, working, so we are just going to replace the old requirements that didn't make sense to them with what they are doing now. So, that's the nature of what you will see in the addendum and I will stand for questions. De Weerd: Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: And, Ted, I'm sure that the language will -- that 6,000 dollar capital improvement funding is their money and not association money, as Mr. Oaas explained, they had -- they spent their money and it was on top of and, then, association money was on top of that. So, that we make that clear. Baird: That's the intent is that 6,000 dollars of Lake View money and to the extent that they can take that and leverage it with those other donations that were talked about, so much the better. I'm also going to draft it. I haven't discussed this with Eric, but it's my proposal that we draft it to say if 7,000 dollars is spent in a year, we start fresh on the following year. There is no carry over. Trying to keep track of that it would just be way too difficult. So, that's it at this point. Meridian City Council Workshop November 13, 2012 Page 11 of 58 Hoaglun: Thank you, Ted. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I just -- I guess I want to phrase this as support for the program that you're suggesting, but I want to emphasize if -- if the city were spending 6,000 dollars someplace, we would have to account for every penny of it and as you have made clear, if the request is going to be us to forego 6,000 dollars that we are owed, I do think it's fair to require documents proving how that was spent. That's part of our transparency for the public and what monies we are responsible for and where they went or didn't go, so I appreciate your thoughts on that. Baird: Madam Mayor, Council Member Zaremba, that's why I was proposing that that verification process go through the Finance Department. If they are not able to get the proper verification and the deadlines upon us, that will come to you probably with recommendation denial of the requested annual rent release. So, I think we have got a stop gap there in the name of the finance director, so -- Zaremba: Thank you. Baird: Madam Mayor, I might mention -- I was out of the room at the beginning of Eric's presentation, but the accounting department is looking for a motion regarding the rent that was due and owing October 1st of this year. Based on the presentation that was given, this meeting would be the time to consider that and, hopefully, if we get this into place, when we do get this into place, would be the last time you will have to be asked for a specific motion. And one last thing before I let the podium go. Madam Mayor, I know that you have been concerned about the safety issue regarding the students and others using the pathway and through the golf course near Tee 3. Eric and I have finalized the letter, agreed on the language, and who it goes to. For convenience I'll have him sign it, I'll let you review it, if you want further changes we can -- we can accommodate that, but I wanted to present that to you today, so that we can get that out. Thank you. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I concur in these recommendations as far as the addendum goes and I think it's about time we try to simplify this and provide some direction, because we have really not had specific direction in the past. Having said that and based on the presentation I would move that we not request the 6,000 dollar rent for the past year and waive that requirement. Meridian City Council Workshop November 13, 2012 Page 12 of 58 Bird: Second. De Weerd: I have a motion and a second. Any discussion from Council? Bird: For fiscalyear'12; right? Rountree: '12. De Weerd: Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Siddoway: Madam Mayor, Members of the Council, I have been asked to specifically address the question of the golf cart path improvements that were brought up by Councilman Zaremba, where the golf carts currently go on the sidewalk. So, this is the area, West Talamore Boulevard where between Hole 7 and 8 from a few years ago and there is no pathway, today there is a pathway down in here, I can show you that photo based on the improvements they have made -- I'm going to zoom in a little bit. You can see on this photo how the pathway comes -- Zaremba: Madam Mayor? Siddoway: You can see the pathway where it comes from the north on Hole 7 to meet up with the sidewalk and, then, they go down to the -- the curb cut. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I may, since we are doing a little bit of historical, let me add one thought. The original path actually went between that green and the pond and -- and this is previous operators. There was a time when that area became a little bit muddy, so they swung it around temporarily to the view that you're seeing now and at the time the issue was raised that it should not permanently be on the sidewalk, but the -- the original path went on the other side of the green and I can understand the reason for wanting to come around the green, instead of taking that shortcut, but just want to add that as historical, this was not where the original path was. Bird: That's right. But it's not the original green either. Zaremba: Thank you, Steve. Meridian City Council Workshop November 13, 2012 Page 13 of 58 Siddoway: Yes. So, Madam Mayor and Council Members, at the end of our last meeting in -- was it August or September? September I believe, we met and it was asked if there would be a subcommittee that would go out and take a look and recommend a solution. That group included Mike Barton, Tim Curns from Public Works, and Jim Corea, one of the neighborhoods that lives out there. The -- this was the idea that was talked about at that time where the existing path comes around Hole 7. They would try and add a recycled asphalt pathway adjacent to that, put in six inch vertical curb to separate the sidewalk traffic and the golf cart traffic, a few boulders to divert it and help them wrap around, reduce some of the plants and median that are -- reduce visibility currently and try and crease that visibility and that's about it. We did get a cost estimate that puts this in the -- the six to ten thousand dollar range, if it includes all of the elements, including the curb, irrigation and sod repair and cart path construction, including the boulders. And I think the thing that's unclear right now is this -- improvement that would be part of capital plan for the golf course or would you like the city to do this as we have done other projects out there, which we don't have a budget for this, let me be clear about that, but if you would like us to prepare a budget amendment we can or if you want to provide direction that this is an improvement for the golf course, I think we need some direction on the -- the who, now that we have at least agreed on the direction for the what. De Weerd: Thank you, Steve. Siddoway: I will stand for questions De Weerd: Council, comments? Hoaglun: Madam Mayor, just on the design, Steve, can you tell me on the new -- it says new six inch vertical curbs, as opposed to, you know, the parking lot concrete stops, that they would be putting those in there -- they would be actually poured and new and everything. Siddoway: I think it's just an extruded curb machine that would push along, like a landscape curb. Hoaglun: Okay. I was just thinking of ways to save money, but I don't know how that would look. Probably look nicer new, so -- Siddoway: I'm not sure it would -- we could look into the option. I'm not sure it would save over the -- the extruded landscape curb, but certainly an option. De Weerd: You know, I -- when your committee -- or maybe Councilman Zaremba can answer this -- is I have talked to both golfers and residents in that area and I guess I walk away with what are we trying to solve that -- what kind of problems first exist out there, because I know as we have golfed I have never seen a pedestrian on there. That maybe just a simple sign that says, you know, golf carts please yield to pedestrians and -- I don't know, again, what the -- how big the problem is. Meridian City Council Workshop November 13, 2012 Page 14 of 58 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What we -- have a committee out there was Clint or any of his groundskeepers involved in that -- guys that know how to run and set up a golf course? Siddoway: I don't think at that site -- he's been in all the meetings where we have talked about it. Bird: Are they in agreed with this? Siddoway: Did you see the solution? Bird: That's what I thought. Siddoway: So, it's all just happened in the last couple of months De Weerd: And I think it will go to the committee next month. Bird: Okay. So, I'm not ready to pass on something like that. Siddoway: The intent was to take a recommendation back to the committee at the next meeting. That was what was requested. I think there was interest enough on the Council to know what was -- what's being looked at and then -- and, then, just some general feedback as to whether -- whatever is decided you see as a city project or not. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And to further the Mayor's comment, there is a number of courses around here that have to ride the carts on the sidewalks for a little area and a little sign stating yield to pedestrians I think would work. I don't know. I have never seen a problem there, but I don't live in the area. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Of course, a hundred percent of the people that report the problem to me are -- I don't know how -- what percentage of the people that actually walk there that is. I know I have run into a problem twice, but that was several years ago. It has not occurred again in the last couple of years, maybe because the golfers are becoming Meridian City Council Workshop November 13, 2012 Page 15 of 58 more aware of it. One of the things that I was concerned about is whether the golf carts would do damage to the sidewalk and as I continue to observe it over the years that this has been going on I don't see that there is damage being created, except possibly right at the spot where they leave the golf cart -- golf cart path and enter the sidewalk. Some of the -- the material that is on the golf cart path seems to be potentially chipping away at the edge right there, but that's not a very major problem. So, I don't see damage as a major issue. It's just the convenience of the people that complain that they had to step off the sidewalk when confronted with a cart and I know that makes the driver -- the sidewalk dirty as well, so I don't know how to solve that, but I have to agree with the idea of asking the committee to discuss it further and this looks to me like it would be a good solution. The question is there is always a cost, so -- De Weerd: Mr. Rountree. Rountree: Madam Mayor. I don't disagree with what you said. I think probably a simpler solution might be in order. The issue is that, yes, there are neighbors out there, they have been in contact with code enforcement, code enforcement has been in contact with ACRD. The information back is that you cannot operate a vehicle on the sidewalk, either by our ordinance or state statute, so that's the rub. So, the folks that have taken upon themselves of championing getting something done have all that information and I suspect that -- John is not here today, Lieutenant Overton, but I suspect they hear of this issue more often than they wish. So, we need to do something. I'm not opposed -- and we will talk about this in our next -- in our focus group meeting, but I think a lot of it boils down to just courtesy on the part of the golfers and recognizing that what the sign says there means stay off the sidewalk, except at the designated crossing point and start there and see what happens. De Weerd: Is there a sign out there? Rountree: There is nothing there now. It's just -- the path, the way it's set up, just dumps the carts on the sidewalk. That probably needs to be changed, but that's probably the extent that needs to be changed at this point, in my opinion, with some signage and, you know, let's not build the Ferrari here, let's see if we can't do it with a Volkswagen and be done with it. De Weerd: Well -- and I guess I would ask that the committee consider, you know, certainly affordable alternatives, because there still would be the question of who pays for it, but this is not the only place that golf carts are on the sidewalk and I don't know if it's Hole 12 or 13 -- I was trying to count, but -- Bird: I can count backward for you. One, two, three, four, five -- between 12 and 13 that you're on the sidewalk. De Weerd: Yeah. You know, you can't be on anything but the sidewalk, because of the -- the elevation of the grass and the sidewalk. We have never gotten a complaint there and if it's to look at our ordinance, certainly that's a cheaper change. We live on a golf Meridian City Council Workshop November 13, 2012 Page 16 of 58 course. There are golf carts and, yeah, golf carts need to be a little bit more courteous, but if you have to step into the grass so a golf cart goes by, I don't -- I don't understand that rub. So, I just can't justify six to ten thousand dollars to -- so, in the -- the very few issues -- if Councilman Zaremba hasn't seen this -- and I see him walking almost every day -- for two years, how many times has this happened and how many carts are really being rude and not being courteous to the walker and vice -versa. It just -- if it's an ordinance thing we can -- we can help look at our ordinance and make it allowable in a golf community. It just -- Siddoway: Madam Mayor and Council Members De Weerd: I'm not looking to spend money. Siddoway: -- that is very helpful. So, one thing we can do is take that back with this information to the committee next month and work together on a solution. De Weerd: We do appreciate all the -- the efforts you and your staff have gone through and certainly Jim as well, but, yeah, we need to understand how big of a problem is this or is it just something that has been this festering issue that -- is there really an issue? Siddoway: We are not out there as park staff on a daily basis. I know that we had a gentleman that came to our meeting -- Rountree: Ed Johnson. Siddoway: Ed Johnson came and simply spoke to this issue at our last meeting. I know the code enforcement folks have mentioned they have gotten several calls -- you know, how many different people are calling I don't know, but he they have had calls about it, like Councilman Rountree mentioned and so something needs to be done, but how big of a problem it is or how big the solution needs to be I think is still on the table. Yeah. Thank you. B. Meridian Arts Commission Recommendation Regarding Meridian Split Corridor Phase 2 Public Art Project Proposals De Weerd: Thank you. Okay. Item 5-13 is Meridian Arts Commission recommendation and Emily is here. Kane: Madam Mayor, Members of the City Council, I'm Emily Kane, deputy city attorney and I provide staff support to the Meridian Art Commission. I come here today as their messenger to convey their recommendation regarding the proposals for public art for the Meridian split corridor phase two public art project. The short story is that the Arts Commission recommends that none of the public art proposals that were submitted be selected for installation and that the call to artists be reopened to artists in Idaho and expanded to states contiguous to Idaho. The upshot is that if City Council accepts this recommendation, the public art would not be installed by September 2013 when the Meridian City Council Workshop November 13, 2012 Page 17 of 58 roadway project is finished. So, the logistics would be different for installation in that roads might have to be closed or the ground reopened at the sites for the public art if water or lighting or other footings are necessary, so that changes the game a little bit. However, the Arts Commission felt that the opportunity to select a piece that exemplifies the elements of the project and the community sense of place for the long term would be even better than the three proposals that we were submitted. The -- the City Council is the final decision maker as to what to do next. This is an unusual recommendation in that it's a recommendation to not do something, but it comes with it some next steps. So, City Council can accept this recommendation, accept it with modifications, or consider the recommendation, but go in a different direction. De Weerd: So, Emily, I guess I would like to know what does that do to the -- the current contracts with the person who has been organizing all of this? Do you have to, then, pay them more to put another out and when I looked at the -- the public comments, the public comments were -- were very positive on two of the three and certainly it seemed more positive towards the -- the arch type of thing with the piece that's more vertical. What does it -- when we -- when we put out these calls and you get positive feedback and, then, you don't accept any of them, how does that look as well and what does it cost? Probably more of what does it cost. Bird: Madam Mayor, Members of the Council, the public art consultant Mark Johnston was hired to bring the project to this point, so he has been paid. I think there is 600 dollars left on his contract for work that he has yet to do, which is, essentially, to let the -- the artists who submitted these proposals know what's going to happen next. So, that money is gone. That money was -- the total is 8,000 dollars and of that 7,000 dollars was covered by a gift or a grant from the Meridian Development Corporation. So, the city would be out 1,000 dollars and that money is just gone. It's just spent. So, if we were to hire a public art consultant to re -issue the call to artists we would be starting at square one. That is pretty reflective of the cost of that service. 'I think others are available that don't charge that much and, to be frank, I think that a consultant would not be necessary if we reissue the call to artists. I think that's something that we can do. He was most valuable in providing insight and information from the public art community's perspective and the selection panel meetings. So, he -- he has the subject matter expertise to be able to advise the panel and the commission and Council on what to do next with regard to taking a piece for public safety aspects and esthetics and its long term viability. However, our office handled much of the paperwork and the publicity, so I don't think that those are things that we would need an outside entity to deal with on the second go around. So, that's a long way of saying we have spent 8,000, but I don't think we need to do that again, and that -- we are also out the money that we paid to the artist. We paid each artist 1,500 dollars to produce the proposal and that's money we would have to spend again. That's just kind of the going rate for the cost to prepare a proposal. It accounts for the time and the materials and the expertise of the artist. There was some discussion at the Arts Commission that that amount could be reduced to 1,000 dollars and that would be more reflective of kind of this project and what it would take to prepare proposals for this project. So, there is some cost to starting over. I don't think it would be as much as the first time, so we are not doubling Meridian City Council Workshop November 13, 2012 Page 18 of 58 our cost, but there is some cost. With regard to the public comments, I think that's kind of a question for the Council to weigh in deciding how to move forward. The selection panel was a group of members of the business and arts community who came together and came to the same conclusion. They met to review the responses to the RFP -- or RFQ component of the call to artists and they selected the three finalists and, then, they met again to review the proposal and their recommendation was also that the proposals not be accepted -- the Arts Commission accepted that recommendation and for their recommendation to you. So, certainly that's something to weigh in deciding on the final decision or making the final decision rather. The proposals were evaluated based partly on the public input, but also the quality of proposal, the safety of the artwork and appropriateness for the site, reflection of the city's commitment to environmental responsibility and sustainability, consistency with our community's history, character and values and contribution to esthetic and cultural vitality and a sense of place. So, those are all things that you can consider in your decision as well. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we go through the process again who is going to write the new proposal so that we don't get the same three things that nobody wants it the next time? Kane: Madam Mayor, Members of Council, to be clear, I think the -- the artist who submitted these three proposals would not be disqualified. They could resubmit another different proposal or they could resubmit the proposals that are on the table now. And certainly the risk is that it could be worse, that you could get less interest, proposals that were even less reflective of the project elements or something that the public simply did not like at all and the Mayor's right, the public input was split almost equally between the -- The Trees, Ellen Robbins' proposal, and The Arches, by Amber Conger. There were 67 for The Trees and 65 for Amber's and there were seven for The Silo, Mr. Falwell's. De Weerd: Although if you read the comments of The Trees, they were very complimentary of The Arches as well, many of them, so -- Bird: And -- Madam Mayor? De Weerd: Yes. Bird: Follow up. Emily, you say we won't be able to put an end by September. It's November now, which is ten months away. It takes ten months to get something like this done? I mean I'm not being a -- you know, I don't know nothing about art, so I -- Kane: Madam Mayor, Members of Council, Council Member Bird, my understanding is that, yes, it does take that long. We were already in -- or rather are in a pretty compressed time frame. This process started in July. The call to artists was issued at the very end of July. The artists have to have time to submit their qualifications, then, Meridian City Council Workshop November 13, 2012 Page 19 of 58 submit proposals and there needs to be time to review and have public comment, too. So, that process takes at least -- I guess August, September, October -- at least three months and even that is understood to be a really quick turnaround, that typically artists have two or three months to prepare even a proposal. The installation of the art is -- is largely dependent on what needs to be fabricated and installed when a proposal is accepted, but these proposals are reflective of something that could, in those artists' estimation, be installed within that nine month time frame. Bird: That was my next question is why we couldn't at least get the base, get the wiring, water -- if they need water and stuff to that while we are doing the construction and all we have to do is set that art piece on top of it and that would be possible, Emily? Kane: Madam Mayor, Members of the Council, Council Member Bird, yes, I think it would be -- as long as we knew what was coming. Certainly there are pieces that do not involve a water feature or utilities at all and, then, there are ones that are highly dependent on that. So, the logistics and the install really depends on what it's going to. So that needs to be known soon or you can retrofit the site for that piece. Bird: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would say the power -- if you're going to have a piece you're going to have it lit at night, so we need power. The water element we don't know. I attended the meeting and heard the discussion that they had -- and it was quite in depth. The big concern was the length of time and the time of the year that this proposal was asked for was not the best time and it was a very quick turnaround, made it very difficult for people to respond. They think they will get more response this time around, because it is the largest public art project in the state of Idaho and there is interest out there and certainly by doing it one time there is talk and if it's resubmitted there will certainly be interest the second time around. The commission did look at ways to cut costs as far as bringing forward a mockup or model of the art project and not paying 1,500 dollars, but 1,000 dollars. Those would be details that if the Council decides to resubmit they would work out and try to -- try to find ways to make it go as fast as possible, but still not -- not crimp the -- the project and paid for on the fiscal side. And I guess, you know, the committee that the -- as Emily indicated brought together to look at this and review the proposals, made a recommendation to commission to not accept and the commission themselves looked at it and said we agree with that. So, I guess with those filtering up to us we can make the final determination of what we want to do and how we want to do it. I have heard ideas such as taking the Meridian sign that's at the entrance by KFC and moving that down to here to this one or down to there. Anyway. And, then, doing something like that and -- anyway. You know. So, there are -- there are other ideas out there if we go, oh, we have an idea of our own, this is what we want to do, that was an option. I'm a little more inclined to -- to follow along with what the Arts Commission Meridian City Council Workshop November 13, 2012 Page 20 of 58 is recommending, because my belief is there is some projects that I thought that, oh, that's good, you know, I can see that. But at the same time we want to get this right. It's going to be there well beyond when we are around and I want something I can go, wow, instead of, oh, that's good. That's nice. You know, I'd much rather take that over -- over the other. So, that's what I'm inclined to make a motion towards, but I'd like to hear everyone's thoughts on that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will honestly admit I am not a qualified art critic and I don't know much about art, but like many people I know what appeals to me and I have to admit I didn't get any warm and fuzzy about any of the three examples that I saw. I didn't write out any comments, but that isn't that I don't like other works by some of the same people, I very much like the sculpture that we have in our lobby here in the City Hall. I like the -- the sculpture that Brad mentioned that's down by KFC where Meridian and Main split. And my thinking is for something that's going to be this permanent and this prominent, something more along those lines would be more appealing to me. So, I -- I support the Art Commission's idea of reasking. That doesn't exclude the people that submitted already, but I would like to see some other options. I'm not an expert, but -- Hoaglun: Thank you, Councilman. Councilman Rountree, comments? Rountree: Well, I almost have to take the Fifth on this one, otherwise, I might find a bag on the doorstep. Bird: Madam Mayor? Hoaglun: Councilman Bird Bird: I firmly agree with you, Councilman Zaremba. I think this is -- if we are going to put a piece of art up there that's going to be there for years and years and years and I don't think I would be proud 20 years from now to drive by and seeing one of those three that we had. So, I would like to see us do what the Art Commission suggests and go do her. Get it done. Hoaglun: Okay. Do we have a motion to accept the Arts Commission recommendation to reopen the RFP, RFQ? Bird: So moved. Zaremba: Second. Hoaglun: I have a motion and a second. Madam Clerk -- we don't need a roll call vote on this one, do we? Meridian City Council Workshop November 13, 2012 Page 21 of 58 Bird: No. Hoaglun: So, all those in favor say aye. Any opposed? There we go. MOTION CARRIED: ALL AYES. Bird: Thank you, Emily. Kane: Thank you. Hoaglun: We didn't have any items moved from the Consent Agenda. Rountree: Mr. President? Hoaglun: Yes, Councilman Rountree Rountree: I guess on the point of the urgency of having this done by next September, I'm not so sure that the contractor is going to want an artist putzing around those two areas during his construction activities. That concerns me a little bit. But I think the idea that both sites be plumbed both for power and water and I would not encourage anything that utilized water, but those areas may need to have some landscaping, get that if it's not already on the design, get it stubbed into those sites, that way if whatever comes comes a little sooner, they can get in their work -- they are going to be in there working based on the discretion of the contractor and they may not be able to get in there in time anyway to get something in there. Bird: That's right. Kane: Madam Mayor, Members of Council, we have been working closely with ACHD and Mike Barton in the Parks and Rec Department with regard to the landscaping and I believe that the property will be stubbed for certainly irrigation and maybe we can figure out something in time to not have to completely retrofit the site, but at least have it ready based on ACHD's schedule and the contractors time frame. Rountree: Thank you. De Weerd: Council, I guess I will put in my two cents worth, which seems like it's going to contrast with what -- everything that's been said. We have spent almost 12,000 dollars to do a call and we got three viable submissions, that's why we put them out to a public viewing and solicited public comments. If we were not ready to do that we should not have done it. Now, it's almost 12,000 dollars later and we are saying let's throw them out and let's have more cost. I think we did have three viable options and certainly I think we need to move forward with them -- with one of them. Meridian City Council Workshop November 13, 2012 Page 22 of 58 Hoaglun: Thank you, Madam Mayor. While you were out we voted, so appreciate the comment. De Weerd: Okay. Well -- and that's fine. I still would have told you my opinion, whether it was before a vote or after a vote, and I will say, if that is -- since that's the direction of Council, but let's not do that again. If we are going to go out and ask for comments, let's make sure it's something that everyone can agree that we want comment on before we pay artists to go out there and do that. I think sometimes in a building scenario this Council has hesitated to throw all out, because you wonder what you're going to get back the second time around. There is -- so, enough said. Hoaglun: Madam Mayor, I think that's a good piece of advice, Emily, to take back to the Commission and talk about the committee process to make sure that there is some buy in before we throw it open to the public for comment, because that does cause some conflict. So, I think that's -- that's a good way of -- to make that happen, so, not -- if they are going to reject it, well, don't throw it out there and, then, do that. So, anyway, something they can talk about in detail as they -- as they redo this next process, so that would be good. Thank you. Kane: I will pass it on. Thank you. Hoaglun: And, Madam Mayor, we do appreciate the fact that we don't have to guess where you stand on issues. Item 6: Items Moved From Consent Agenda De Weerd: No. Usually not. There were no items moved from the Consent Agenda Item 7: Department Reports A. Fire Department: Strategic Plan Update De Weerd: So, without any more adieu we will turn this over to Chief Niemeyer for 7-A, the Fire Department strategic plan update. Niemeyer: Thank you, Madam Mayor, Members of the Council. Good afternoon. I just want to state for the record while this PowerPoint is coming up that having that video of the golf course shown at the beginning of the Council meeting is not a good idea. Poor Lieutenant Colaianni and I have been daydreaming about sunshine and golf courses and trying to figure out how Jan lost that round. So, it's not -- this is our opportunity to come before you. I'm going to try to keep it brief. As I mentioned to the Mayor, I'm going to ask in about five months from now to come before you again and do a presentation and we will get to that at the very end of this and it will make more sense as why I'm going to ask for that. And, hopefully, I can work this confounded machine. Or not. Meridian City Council Workshop November 13, 2012 Page 23 of 58 Holman: Mark? Niemeyer: Yes. Holman: On the buttons the top, it's the one that has a little black pointer. Niemeyer: There we go. It's your turn to laugh at me as we have laughed at others as they have tried to work this thing. De Weerd: We will ask the Police Department to help you. Niemeyer: I will ask my lovely assistant Bruce to -- in fact, you could just sit there. I will just talk. Chatterton: I need it, too. That's the only reason I'm up here. De Weerd: Maybe you need to take Mr. Barry's example and practice ahead of time. Holman: I don't know if it's you or me. Mark, if you want to tell me -- Niemeyer: Perfect. Perfect. Okay. So, what I want to do first is to give you an update on the four budget enhancements requests that you approved for the FY -13 budget to let you know where we are. One of those was the administrative storage cabinetry. If you recall, the pictures that I brought to you showed what we were using at the time and that was cardboard boxes and fold up tables to store our office supplies. This project has been completed. Judy Gerhart was a lead on that. We did come in within budget. You can see on the top picture, if you recall when planning was in there that welcome area was off to the side and tucked against the wall. We now have a true reception area where folks can come in and put their plans on the table, review those plans, fill out forms, et cetera, and, then, the bottom slide is -- you can still see we are kind of moving in and getting those cabinets filled up and they are filling rapidly. So, that project is complete. Next slide. The RMS replacement request, our records management system, we discussed this at length when I presented this to you. That project was approved for 49,225 dollars. Deputy Chief Amann is the lead on this project. The needs assessment has been done. We have purchased a third -party scheduling software, that's a component of RMS, that is called Call Back Staffing Solutions. We have looked at other options, we have been looking at it for approximately three years. I know the Police Department has as well. The cost of those was roughly around 40 to 60 thousand dollars for that piece of software. We were able to purchase Call Back Solutions to meet our needs for about 2,500 dollars. So, very significant cost savings there. I know Chief Amann did sit down with Lieutenant Colaianni and Lieutenant Leslie and there is a possibility that they could be looking at this in the future as well. As far as the rest of the RMS system -- and we anticipate the RFP to be issued next month, we have a projected purchase date of January 1st and, then, deployment and training to be done by April 1st. This project in and of itself helps us meet five strategic initiatives found within our strategic plan and so this is a very Meridian City Council Workshop November 13, 2012 Page 24 of 58 important project for us to help meet the future needs of the fire department. As station training room upgrade, the amount you approved was 11,100 dollars. We have assigned Division Chief Rountree to that. He's our communications chief. This is a communications component. The wiring bids to get the rooms wired are in the process of being obtained. IT has order the computers that are needed to do this and we have a projected completion date of March 1st and as you recall this is a way that we could have our crews stay in their stations when we have the classroom or distance learning environment. Some of the hands-on things we still have to get together, but a lot of our classroom work now we can do over the internet and through the computer system and they can be staying in their stations to be getting that done. The vehicle video cameras have been ordered. The approved amount was 5,000 dollars and just as a recall, the units we are getting are 500 dollars apiece. Ada County has similar units in their ambulances, they spent about 20,000 dollars apiece. What we are getting accomplishes the same thing, it records videos. We respond to a call, so we can review that in the event that we do have an accident. But, more importantly, we also can review what we see when we show up to a scene and that video we capture of a structure on fire, that mass casualty incident, whatever we are looking at, we will be able to bring that video back as part of our after action report and that's a great quality assurance and a QI component. The equipment has been ordered, the policy and standards for the deployment of that equipment and how we are going to use it are being developed. Again this is another one you should - that shows. Lieutenant Colaianni, Lieutenant Leslie, just to take a look at it to see if there is applicability within their department and for this we do have a projected completion date of March 1st. Another update we are going to go through -- and, Jaycee, you can go ahead and hit the next slide -- to provide you with is an update on the Trinity Ridge and the Pocatello mutual aid fires that you may probably know that we responded to and these were two significant fires that the agencies involved needed a lot of help with. The first picture you see there is a picture from the Pocatello fire, that is a wildfire that started up in the foothills, came down into homes and destroyed 66 homes. Needless to say, Pocatello and eastern Idaho were overwhelmed as far as providing resources to this. We did do a three day deployment at their request. We were fully reimbursed for our deployment, including the cost of the equipment, the backfill of the personnel and the personnel themselves that went. It was a great experience, an eye opening experience for our responders and we have, obviously, never seen something like that here in the City of Meridian. It doesn't mean it couldn't happen. And, then, we were also deployed at the request of the national incident management team to the Trinity Ridge fire. We had a total of -- deployment of approximately 14 days. We rotated multiple crews through, again, completely reimbursed through FEMA. The picture that you see on the bottom is just one of several that our firefighters were able to capture as they were there. I can report to you that we requested as structural protection and so we were assigned to a division that -- that was charged with protecting the structures up above Pine. As that deployment went on, the incident commander assigned us additional duties and responsibilities and let me tell you in talking to the operations chief when I went up there and spoke with him, they were very impressed with our crews and their abilities and they felt like they had that option of assigning them out to different things. That cannot be said for everybody that was there. So, the feedback that we received from the Meridian City Council Workshop November 13, 2012 Page 25 of 58 incident management team -- this is a national team that has been involved in the New York collapses, the space shuttle explosions, that sort of thing, that meant a lot coming from those folks and the feedback that we received from them. Okay. Our 2012 Public Safety Day. This is our collaborative effort with the police department. It was very successful this year again. We did have several allied groups that participated. Those are just a few listed there and I certainly don't mean any disrespect to those that I didn't list, but the page only has so much room. Our total attendance exceeded our expectations. We were shooting for 500 participants. We had roughly 610 in attendance that day. I will tell you Tom Barry and his family were heavily involved. They went to our public safety academy and what Pam tries to do is bring those public safety academy graduates to our Public Safety Day staffed as helpers and get involved, so -- and Tom and his wife were there, their daughters. I did have a picture taken, I was going to put it up here, but I lost the picture, so you won't see him in a fire department or police department uniform. But we were very excited about this program, it's a great way to get out to the public, it's very successful, and this will be a long term program that we have for many years to come. Our Project S.A.F.E., our smoke detector grant program that FEMA approved has gone very well. We have had detectors installed by fire department personnel and volunteers. I will say that in my opinion it's been a very successful program. We did find one glitch that we found out today about that we are investigating, but if you look at the numbers and the amount of smoke detectors we put in homes, 2,301 ionization detectors, 625 photoelectric detectors and probably more importantly 110 bed shakers, that's for the hearing impaired, so the hearing impaired in our community now have a way of being notified that there is a potential fire in their house. It is a great program. I see this program lasting for many years as well. I do see it developing into a maintenance program and, then, a heavy emphasis on public education, specifically regarding battery life and the replacement of batteries and the importance of having a fire plan within your home. So, this was the first part of that program. It's going to be a long-term development. I would add that as we go into our public education component and even detector program, we will probably add carbon monoxide to that list as well. So, again, our thanks to FEMA and I think that they are going to be very pleased with the outcome of the program and the funds that went to it. Project management process. There is one we have really focused on this year as well. I will tell you in the fire department we are very very good at crisis management. That's what we do. It's the way our brains click. When it comes to project management, long term stuff, that's not our cup of tea and it's not our specialty. So, we have looked to others to how we can better our process and I don't want to make this a Tom Barry love fest, however, I will tell you that Tom provided us some great insight, because it's what Public Works does really well. They take long-term projects and they span it out and they really work through a process. So, after talking to Tom and, then, working with our staff, we have identified better ways to work through project management. I have got a picture here of the two things that we try and balance, especially with our division chief program and one is our strategic plan and those projects that we need to get accomplished and the other is that field response and managing that time really well. So, that's a way that we have created a process that's going to manage that time a little bit better. Click to the next slide just to give you an idea. On the left you just see how we have laid out who is doing what. You have our tracking mechanism and built within Meridian City Council Workshop November 13, 2012 Page 26 of 58 that tracking mechanism is a comparison to the strategic plan. I distinctly remember when I brought this to you and you approved it, Councilman Rountree said it's a pretty aggressive plan, good luck, and I took that to heart, both as advice and somewhat as a challenge to say we are not going to have a plan that just sits on the shelf. That's the worst thing you could do with plans. So, as we go through this we assign these projects, if one hits the list that is not in the strategic plan we evaluate does it need to be, then, we plug it in. We have found some initiatives that we had planned for 2013 have been eliminated, because they are just simply not important anymore and that's the goal of a strategic plan is to make it fluid, to move things in and out as you see, but to maintain the core what you're doing and so we are very pleased with this process and we think it's going to benefit us greatly moving forward. And the last thing that I'm going to present to you is Blue Card Command training program. We have been looking for ways to standardize our command, our incident command, and subsequently, then, what that does is somewhat standardizes our entire incident response. So, we did a lot of research and we found a Blue Card training program. This program was developed by Fire Chief Alan Brunacini, he's retired from the Phoenix fire department and his sons. It's endorsed by our parent organization the International Association of Fire Chiefs, along with the Center For Public Safety excellence. That is the accreditation body in the fire service. So, we did a lot of research into it, talked to a lot of folks, and we decided this is the best thing for us. This is a collaborative effort with Nampa and Caldwell fire departments. You maybe wondering about our neighbors to the north and to the east. Initially they didn't want to participate, but now that we are rolling into this they are interested and they have had a couple of meetings with me to see how it's going and if we can standardize it valley wide that's going to be a huge benefit to all of us. But for now we are focusing on ourselves. It includes about 50 hours of online or classroom time and, then, about three days of hands-on training in a -- in an training environment, a hands-on environment, if you will -- I just lost the word. You get the picture. Again, this is going to standardize the way we run incident command and the way we run an incident scene and that may sound kind of silly, don't you standardize it now -- we don't. But this is going to. It's also led to the development of incident scene standard operating guidelines. I know the Mayor is very well aware of our internal employee surveys and every year we hear about the need for SOGs. This program has helped us to, then, establish and develop SOGs. Currently all the chief officers and the division chiefs, the deputy chiefs and myself are going through the program. Next we are going to roll that out to the company officers and what I would like to do is come back to you in about five months and do a demonstration of how this works, because I think it's really going to open your eyes and I will tell you we are the first department in Idaho, along with Nampa and Caldwell to do this and I think it's really going to set the stage for the fire service in Idaho. I would anticipate that a lot of departments are going to be calling us asking us you how we got this accomplished. It's that important of a program to us, it's that important to the fire service here in Idaho. So, I'm very excited about this program. With that I told you I would keep it short, so I'm going to stand for any questions. De Weerd: Council, any questions? Meridian City Council Workshop November 13, 2012 Page 27 of 58 Bird: I have none. Good report. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you, chief. I did have the opportunity to stop by during Public Safety Day and there was a big crowd and a lot going on and it looked like a very successful event and glad you plan to continue. Thanks also to the police department that participated. It's more obvious that it's at your facility, but they were there and participating and the whole day was exciting I'm sure, so that was good. Just a comment on the in -vehicle video capability. You were commenting on how you would use it as follow up and afterwards. I just wanted to throw into that at some point let the Planning and Zoning people see some of those maybe and what comes to mind in particular is we regularly get requests for narrower streets and as your video of a vehicle approaching an incident -- I know we argue against the narrower streets, but I think you probably would have good evidence for why that argument is a good argument not to have narrower streets. So, I just include Planning and Zoning in who you have view those things and -- it's just a suggestion. Bird: That's a great suggestion. Sometimes a picture is worth a thousand words than trying to explain things, as opposed to a video being shown gets the point home. Thank you. De Weerd: Any other comments? Rountree: Just the right amount of time Hoaglun: Actually, Madam Mayor, a quick comment. You know, you didn't want to -- you know, for all the flack you have given Tom Barry about the length of his PowerPoint, his slides, I think it was good that you gave him thought today, so -- Niemeyer: He has helped me and now I will try and help him. Hoaglun: There you go. De Weerd: Well, I will just point out the size and the number of divisions under Mr. Barry and so quit giving him crap. Thank you, chief, for that great report and I would like to extend my appreciation to your staff as well. I think you continue to show innovation and stewardship and that needs to be recognized and our appreciation. Niemeyer: I will pass that along. Thank you. B. Mayor's Office: Community Liaison Update Meridian City Council Workshop November 13, 2012 Page 28 of 58 De Weerd: Item 7-B is our community liaison update. So, this is -- this is Ken's first briefing to you, Councilmen, and he's -- give him a hard time. Corder: Madam Mayor, Members of the Council, my first -- my first items I'd like for you to -- to not listen to the Mayor's request. De Weerd: I thought you were going to do an ice breaker or something. Corder: If you like, Madam Mayor, I could. Everyone stand in a straight line. I'm without PowerPoint. Lesson learned from me in my early tenure with the city is that PowerPoint is needed for these updates, so please note in my next -- next update there will be one. It seems to be commonplace. But after seeing the -- Chief Niemeyer's, I'm glad I don't have to top that beautiful PowerPoint. De Weerd: I don't know, Ken. Death by PowerPoint. I think you're doing just fine Corder: Yeah. Well, I shall use my charm. So, I have been with the city for three months and one week, so as my tenure with the city has been brief, I intended to keep this update brief as well. The first name of the game for me with this new position has been to establish relationships with the different parties that I do maintain contact with, as well as a seamless transition from Luke Cavener to where we are currently. So, my first order of business coming onto the city was to take on the project that we call MYAC, the Mayor's Youth Advisory Council. My first week I was tasked with going out to area high schools to find the students who would like to join the council. We did go out and we were in a presence in schools that we previously did not visit and because of -- of a strong showing with these schools we actually had 235 youth show up. I do believe that was the highest number we have ever had show interest. Now, the law of averages says that 110, 115 will show up for the initial meeting, which was about dead on and, then, again, to continue the law of averages another half. So, we currently have approximately 60 regular attenders. Of these 60 regular attenders we, obviously, have to have an executive council, along with myself being brand new, the executive council is all brand new, so we, essentially, had to start from scratch. One of the things that the Mayor lended guidance towards me was with the executive council and the need for leadership training. So, we have asked all of the chiefs and directors to come together to provide leadership training to the executive council throughout the year. We have already held I believe three trainings and the youth seem to -- to really be engaging our leaders and finding some traits that they are identifying for the youth. We do have three subcommittees set up, the Teen Activities Committee, Government Affairs, as well as Community Service. Chairs have been nominated and elected, as well as vice -chairs for continuity moving into next year. We have had five meetings with two guest speakers. One was a former NFL football player, a gentleman by the name of Ken McKelvie, as well as Luke Cavener's wife Adrianne Cavener, who assisted us with parliamentary procedure. We have had seven events, which is actually two more than our meetings, which are the Celebrate My Drive, sponsored by State Farm, in which the news came and did a piece on us, as well as a few single shots for Idaho State Police. One is currently finished with production and airing right now. There is actually one the Meridian City Council Workshop November 13, 2012 Page 29 of 58 Mayor and I shot, which is in production and should come out very soon. Let's see. We did another event titled It Can Wait, which was an anti-texting event. We held this at Rocky Mountain Middle School. The executives from AT&T mentioned it was the largest turnout ever for an anti-texting rally in the state of Idaho. We did have over a thousand signatures, which I proudly display in my -- in my office for youth at Rocky Mountain. That was a great event. We also participated in the V3. V3 is a local hair salon studio. We helped with their Healthy You project, which created awareness for breast cancer. We also volunteered at the Community Block Party, as well as having 20 participants at the Rake Up Meridian. Let's see. The chair a MYAC, a gal by the name of Kendall Swainston and I wrote the grant for STAND. STAND is an acronym for Supporting Teens Against Nicotine Dependency. We won the grant and Councilman Hoaglun actually graced us with his presence at the workshop and we now have a thousand dollars to spend to -- to educate the youth in Meridian and which we have selected doing an event with Big AI's, in which we will rent all the lanes and, then, we -- we do need to come up with a call to action, one of which has been discussed is bringing to Council the idea of -- of making our walking paths anti-smoking. We also one -- or, actually, two of our youth members from MYAC won a trip to DC, one of 12 teams nationally, so it's a huge honor for these youth. So, they will be going to Washington DC on December 1st to learn anti-texting tools and bring them back for a rally. Additionally, we will be sending two more youth with two chaperons and you had to come up with funding -- Sergeant Gonzales of Meridian Police Department and myself came up with 2,000 dollars from Meridian PAL, as well as a 3,300 dollar contribution from the Idaho -- or from the Office of Highway Safety. Additional MYAC tid bits, you would be interested to know, I have formed some alliances, partnerships, if you will, with my counterpart from other teen councils in the city, which a dialogue has been started to work together for the future youth summits, as well as we have already established a date to do a financial course for the youth titled Mad City Money. One last tid bit for MYAC, we have changed the parameters to our Facebook page and we have doubled the fan -- the fans of the page and we utilize the Facebook to invite our youth to the meetings, as well as to post pictures to celebrate them. So, moving on. I am also the liaison to the faith community. One of my first orders of business with the faith community was to create a database in which I called -- what I like to think every church in this town to say hello, after sending them an e-mail notifying the church pastoral staff and elders of who I am and what I intend to do, which is to share information on a two way street level. During my three months I have met with the Mayor and six of our faith leaders. One of interest would be MGT Legacy Church with Pastor Ralph Lowe, whose church happens to be on Meridian Road and has been affected by the split corridor. Because of that meeting we are able to find some of his issues with signage and future plans and we are going to set up a meeting with Bruce Chatterton, to bring in another in which Pastor Lowe is very happy and commented on our superior customer service. I have attended two Meridian minister fellowship meetings and I have established a great rapport with the gentlemen and ladies that compose that fellowship, with the third meeting being tomorrow. And the Mayor and I actually attended the Treasure Valley workshop held at the Mission Aviation Fellowship in Nampa and have established good rapport and have been invited back to their next meeting held on December 11th. I assisted with the planning and execution of the faith leaders luncheon and also very Meridian City Council Workshop November 13, 2012 Page 30 of 58 nervously hosted it. And was able to secure the key note speaker, a gal named Heather Stole with One Church, One Child, which matches up churches with children in the foster care program. We have already been able to find five matches as the result of her speaking at that luncheon, which is a huge triumph and win for those youth. The other thing that -- as I have heard the Mayor say smart move, Ken, was to actually create partnerships and rapport with the church secretaries and the pastors will let you know if you want to get anything done with the churches you need to go through the secretary. Moving on. I am also the liaison for the homeowners associations. My second day on the job was National Night Out in which I personally went and visited three subdivisions and made some contacts, which are still intact three months later and with a great dialogue moving forward. I have attended three board meetings with the fourth happening this evening with Tumble Creek and I have also set up a Facebook test group and utilizing the group function of Facebook to allow the -- the residents of each homeowners association to have a dialogue between themselves and it actually has worked to a success where over the Halloween holiday one subdivision actually had some kids smashing pumpkins and I was able to share that information with the neighboring subdivision and it turns out they had the same problem and because of that sharing of information they were able to find the children who were -- who were doing the vandalism. Because of this I have partnered with a gentleman by the name of Mike Madsen of MGM Property Management who oversees 70 of our subdivisions and he -- we are going to do a special meeting where he brings his HOA presidents and board members to a special meeting here at City Hall in which I will be sharing the success of the Facebook group function and showing them how to set that up. So, as well with Elaina Walker of AMI, she -- the Mayor and I just had a meeting with her and we will be doing much of the same with her. So, moving on, something that I find -- I found great joy in accomplishing was the prescription drug town hall. It was the first under my -- under my stewardship and we had approximately a hundred people show up to guest speakers, the Mayor spoke, Chief Lavey, the Idaho Drug Tzar Elisha Figueroa. We had a gentleman by the name of Shane Williams who is with Boise PD, who spoke of his triumph over prescription medication addiction, which was a very very moving part of the program, as well as Sergeant Arnold King with resources for our citizens to dispose of prescription drugs and we had booths from Drug Free Idaho, the Mayor's Anti-drug Coalition and the Idaho State Generation Rx. The Mayor's Youth Advisory Council helped with the logistics and planning and execution of said event. We actually just had on Halloween a secondary town hall with the Rocky Mountain -- seniors of Rocky Mountain High School, in which we had all the seniors come in, formulate questions for the Mayor, and a panel with -- that included Steve Siddoway, Chief Lavey , and Chief Niemeyer and there was just a free flow of information that I know that the Mayor and I quantify as a success. The next town hall meeting we may be working on will incorporate youth, primarily those in area youth groups with the faith community. They have a huge interest in coming down to pose questions for the Mayor and want to have their voices heard. So, my relations with Meridian schools, we have met with all area principals before the school year to establish a rapport and begin the free flow of information, much like my interaction with the church secretaries, we caught on pretty quick and knew that if I'm going to get anything into these schools it's also through the secretaries and that has been a huge success and -- as evidenced by the MYAC youth Meridian City Council Workshop November 13, 2012 Page 31 of 58 members coming to our meetings and letting us know that they are hearing our news that's being spread, so that's a wonderful thing. Additionally because of their partnerships with the schools we found of the vacant youth on commissions -- children to come in and fill those vacancies and -- and we actually have now been partnered up with some area PTAs and find those to be great great partners as, you know, they have a pulse on the schools that sometimes we don't hear from the administration. I'm also tasked with being a liaison to our Chamber of Commerce, simply with the Chamber of Commerce it's just been building rapport and, then, I actually have been a part of 15 ribbon cuttings in which I have spoken at 13, presenting the Pay It Forward gift. The Pay It Forward gift is when a -- a business opens, they like to bless the next business that opens with a small token of appreciation and a blessing, if you will. That has been just absolutely neat to be a part of. And also I am a part of the -- well, I have partnerships I should say with the Hispanic Chamber of Commerce and was able to call on the Hispanic Chamber of Commerce to assist with the promotion of the Meridian Business Day. Other additional information that the Council might find of interest is I did meet with the senior center with Councilman Hoaglun to just let them know if he is ever absent I will be there in his stead, as well as I assisted with the planning and execution of the Meridian Business Day and was able to assist with our internship program, IT was looking for some internships and I called on my previous employers, Stevens Henager College, which have the top rated IT department to find those interns and from the news I'm hearing that's going okay. And, then, I do regularly attend the Kiwanis and share pertinent information related to the city with fellow Kiwanians. So, I now stand for any questions. De Weerd: Thank you, Ken. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have a question, I just got a comment. Ken, I have been fortunate to be here a couple of Mondays when you have been with the children -- or the young adults and your interaction with them is fantastic and I think it's great. I really appreciate it, the interaction you show with those youth. It's fantastic. Corder: Appreciate that, Councilman Bird. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I run into you all over the place. De Weerd: Do you have your microphone -- Zaremba: It is on this time. Meridian City Council Workshop November 13,2012 Page 32 of 58 De Weerd: Okay. Zaremba: And you are being well received in the community and I am glad you are hear and doing this. I went to the faith leaders luncheon and you did an excellent job as MC, so you -- you can be confident if you need to do that again, you did that very well, so thank you for all that you're doing. Corder: I appreciate that, Councilman Zaremba. Rountree: It's been a busy three months for you and congratulations on succeeding so far. Corder: Thank you. Rountree: And staying above board here. Corder: I equate it to drinking sips out of a fire hose. De Weerd: Well, if you couldn't tell he's got a lot of energy and certainly a lot of passion for the youth and his role as the community liaison, so appreciate it. Hoaglun: And, Madam Mayor, just a comment. And it's great to see the young people that are involved. I mean we have got some great young leaders that are -- are stepping up and learning a lot. The workshop I was able to participate in, I was impressed with those young kids and, yeah, you've got some great kids to work with and it will be exciting to see how they develop over the years. De Weerd: Well, Council, he's all over the place. He was in the stands advocacy training and, then, this last weekend he was at the PTA group and, then, we had a retreat for our officers and executive members of MYAC at my house that evening and meeting last night, so he's -- he's burning the light on both candles -- or both ends. Bird: Good thing he's young De Weerd: That was good. Corder: I very much appreciate that last comment, Councilman Bird Bird: We were all there once. De Weerd: Still are. What are you talking about. Anything further? Okay. Thank you, Ken. Corder: Thank you. Meridian City Council Workshop November 13, 2012 Page 33 of 58 C. Community Development: Business Registry Update De Weerd: Item 7-C is our Community Development Department. Bruce. Bird: Yeah. Bruce. Chatterton: Madam Mayor, Council Members, we thought it was high time to update you on the business registry project. What I want to do is show you -- and I may need some help advancing slides, Jaycee. Let's see if it's working now. It is. All right. De Weerd: You see that, chief? Chatterton: See. What I want to show you very briefly is the message that we are showing to focus groups. I think we found with this -- this idea of this project that we were trying to conceive a thing of whole cloth just internally talking to ourselves with staff. Not the right way to do it. If this really is a solution to a set of problems, let's clearly articulate what those problems and issues are and let's talk about whether or not something like the business registry is a reasonable solution to those problems. We weren't talking enough to the stakeholders. We had the choir on board, if you will, the chamber. It's great to have the chamber on board. If we didn't have the chamber on board I don't think we would be proceeding with this idea. But you need more. You need to actually talk to the folks that are actually being most affected by this or perhaps perceive that they would be negatively affected by a business registry. So, what I want to show you very quickly here is what we are showing them -- what we showed at focus groups about two weeks ago and what we are doing later on this week with another focus group. We are seeking out the potential naysayers, that is the folks that might feel that their ox is being gored by something like this and honestly asking them does this work, how can we change it to have less impact on you, what do you think. And so far we have had a pretty good -- pretty good response. The first focus group about two weeks ago had several folks, including former state senator Patrick Malloy was there and we had a great discussion and, frankly, learned a lot and some of that I'm going to be showing that to you in terms of what we learned from these folks. So, I'm going to talk about some problems and issues -- the overall concept and, then, try to get -- if you will -- I'd also get your help in honing this idea as well, so that we can make it as good as possible for our community. There are three major areas that I'm concerned with -- I think the city is concerned with and at first glance they don't really come together. Economic development, job creation, and retention. My pet area customer service, getting customers in early so that we can talk to them and help them. And public safety. Those areas don't seem to come together too much, but I think if we look at them we will see that there may be some relationship. So, first of all, in economic development, we said this before, no one knows exactly how many businesses we have in the City of Meridian. We estimate it's anywhere between 3,200 and 3,600. We are in the -- in the situation of knowing our residents, the folks that live here quite well through the tax rolls and other -- other ways. But it's almost like we have blinders on when it comes to our business community and even other businesses don't know what's available locally for products and services, so that they could be customers of other Meridian businesses. Meridian City Council Workshop November 13, 2012 Page 34 of 58 An anecdote that Brenda came up with was an example actually from Boise and Boise very much would like to have a business registry program, as would other Idaho cities as well, that is the staff of these Idaho, should make that clear. But in this situation Micron was looking for business analytics for a specialty tech service. They looked around, couldn't find anyone locally or they certainly weren't aware of anyone locally. They went to a large consulting firm in California, that firm said, yeah, we can do that for you. Turns out that that firm outsourced to a Boise firm, Clearwater Analytics. So, Micron could have made that connection if, for instance, say they had a business registry. Just one example of even our businesses not knowing each other. So, we have -- we have an overall idea that we would like to develop economically, but what is our -- you know, the old saying you can't manager what you can't measure. We have no idea what our baseline is to begin with and so if we say that we had easy targets, what exactly is it that we are aiming for and how do we know if we have actually hit that mark. We also are facing threats. There has been technology disruption going on. Businesses have to adapt to a mobile world in order to connect with our customers. We all know that mobile devices are increasingly part of what -- of the competitive advantage of everyone in business and government alike. The number of mobile subscribers now exceeds the population of the United States in the United States and, you know, several folks, the Mayor included and me, have several mobile devices that have -- so, those -- that equals a subscription. And accessing maps and directions, how to get places, especially businesses, is the number one mobile activity. So, how can Meridian businesses adapt and flourish in that quickly changing environment? And just an example, by 2014 more folks will be using these mobile platforms to -- to access the internet than will be using PCs. So, that is -- that's the actual threat. How do we connect and how do our Meridian businesses stay competitive, how do folks even know that they are there when you can shop effectively globally. Customer service. This is what I care about. We hear this again and again. Our professional customers really like us. You talk to the professional developers, architects, engineers, contractors, and for the most part they say you guys are pretty darn good. Where we fall down, though, is what I refer to as the poor lost souls. The folks that may be really great restaurateurs, nail salon owners, small business owners, they know their business, but they have never had reason to engage the city government or other agencies ever before and maybe they will only have to do it once or twice. They get very frustrated. They don't know what it takes to open a business, all the way from ACHD to health department to even the various areas within -- within the city, some within Community Development and some outside of Community development. The clerk's office, for instance. So, what I hear again and again and the Mayor's office hears again and again is that if I'd only known at the beginning how difficult this would be -- they fill in the blank. Either I wouldn't have attempted it or I would have been saved a lot of time and money. We hear things like who is -- who is over there looking out for me, looking at the -- at the big picture. Who cares about my project. So, how do we get this information to new owners? One idea that we would like to do in the future, if we can get the resources for it, the staff resources, is the idea of a small business concierge. The idea being like a hotel concierge that this individual knows what you need to do to get from point A to point B and can connect you with all those. So, for instance, you would have checklists, if you need to do a restaurant downtown here are the agencies you need to check with. Meridian City Council Workshop November 13, 2012 Page 35 of 58 Get over to the highway district right away, find out if you're going to have impact fees. If you need to appeal those impact fees here is what you need to do. And really be watching out for, filling that role of watching out for small businesses. This is a good model and I actually have had a chance to implement it in Boise. There is a small business coordinator for the downtown, but limited success. The folks there that actually use the small business coordination role work with the coordinator, they loved it. They said this is fantastic. The problem is with connecting customers, getting them in there. We -- we had no way of getting customers in contact with the small business concierge, because they were going to the city clerk's office, they were going to the highway district, they were going to Public Works and thinking because they had gotten something positive or solved one problem there that they were done. So, connecting with those customers is a big reason why you want to do this -- Karen Sander, who is the downtown business association executive director in Boise said she has no idea who her members are and she would love to be able to connect them with a small business development coordinator. She doesn't know who they are often until they are already underway with their business idea. Finally, public safety. Our emergency responders lack contacts for businesses. They don't know necessarily who the responsible party is for a business. The existing databases that we have are inadequate, they are almost always out of date and they really don't have a way of turning over a facility that's been secured to someone, often you will have the emergency responder having to spend a lot of time at that -- at that location and they often don't know if hazardous materials are present. A business registry would be one way of learning this information. So, the economic development, customer service, public safety seem very distinct. Where is the sweet spot between those things? Well, the concept that we have been talking to folks about with business registry is, as you know, a directory of all the businesses in Meridian. There may be an annual fee, although we are looking at a way if possible to make it free at the beginning or perhaps free in the long run. We are looking at that. And it would be a simple application. Basically tell us who you are, what your business is, what -- are there hazardous materials stored on site, who is the responsible party, and that application could be completed online or with the assistance of a city clerk. So, the idea behind this is it helps us set that target. We know what we are shooting for in terms of job creation, job retention, overall economic development. It allows the city and the chamber of commerce to connect with new business owners early on, get them in there so that we can help and get them services and it gets emergency responders the information that they often lack when they are responding to a situation. Connecting businesses to customers and connecting up businesses with businesses is important and that all important mobile web directory that allows our local businesses to say we -- we are here. There is a screen shot of a possible mobile app. We actually have some software and that might be responsive to what we learn from our business community and so you would be able to search your businesses, you would be able to map where they are and connect those customers with Meridian businesses. Well, you know, you're talking about three really different sets of problems and just like a Swiss Army knife, the nail doesn't do the same thing as the scissors, doesn't do the same thing that the pocket knife or the screwdriver does. This is one tool that helps to meet all those various sets of issues. After the first focus group we learned several things. Those Meridian City Council Workshop November 13, 2012 Page 36 of 58 folks told us that they -- they first of all asked why do you need to get into this business. There is Urban Spoon. There is Angie's List. Why did you need to be in this business, City of Meridian? And the answer as we talked it through, is that there are some things that would distinguish our business registry from all the others out there. First off, it's the only one that would be comprehensive. If we do this right we will have captured information on all the businesses in the city. Second, it would be the only list out there that would be updated annually. And, finally, if there is any additional information added to the listing it would be done by the business owner. Only the business owner would be able to add that. So, you wouldn't get the negative reviews. Other sites I know have served important functions by allowing negative and positive reviews. We wouldn't put that burden on any of these business owners, only they could -- they could have special information out there, you know, on tie-ins with promotions, coupons, that sort of thing. They also told us that we needed to heavily promote the web application and we would look to do that through the chamber, among other sources and in the first focus group they said that we needed to make sure that we know what the actual store fronts want and need. What features are most important to them. Finally, I think something we are going to need to address is the idea of a new government program of some type, being a slippery slope that will get bigger and more onerous in the future. We have to be aware of that and actually define what it is that we want to do now and not let it become slippery and head down that slope. So, next steps. As I mentioned, we will have the second focus group this week and we are going out of our way to try to bring in folks that we know can be skeptics. We are conducting shuttle diplomacy. We are going to be contacting some of the larger employers, such Scentsy and St. Luke's. We are going to be talking to some of the developer owners, such as Brighton Corporation and Van Auker that have multi -tenant complexes. They -- these folks wouldn't be so much affected by this as the folks that are in there -- that are the tenants of their complexes. Small businesses. We will be talking to the Game Changer. The Better Business Bureau also has its own searchable index of businesses that's out there as well. And based on what we will hear from those folks, we want to refine the proposal, looking to, if we are successful, to have a draft ordinance to you to review in January, with possible action starting in February. That's where we are with this right now. I'd love to have any thoughts if you all can be our focus group for a minute and, you know, tell me where the lines are, I would appreciate it. Bird: Madam Mayor? De Weerd: Thank you, Bruce. Yes, Mr. Bird. Bird: First of all, not the focus group. I happen to know of a small business very close to the person that's bringing it in and -- and a very skeptic person that isn't afraid to say his thoughts and is very very happy. He come down here to find out what he had to do and thank God he got somebody like Barbara Shiffer -- has had no problem. So, we are doing something right. Bruce, I -- I think this is a great idea, but I -- how far do you go with individual businesses? You know, we look to the chamber, which probably at the most has 20 percent of our businesses in their deal. The hazardous material stuff we pay -- we pay 45 firefighters and everybody else to be covering that every year to see Meridian City Council Workshop November 13, 2012 Page 37 of 58 what is in those buildings inspecting them, but I think -- I think you got a great idea. I think you're approaching it right. How far do we go? That -- that's my only question. I think it's a great great idea and you're approaching it right. Chatterton: Madam Mayor, Council Member Bird, really, we are moving forward as a -- as a concept at this point. We are honestly listening and we have made some changes already based on what we are hearing. We probably, frankly, did a little too much of working on it in-house, thinking we were going to get it perfect. We are never going to be able to do that. Bird: No. Chatterton: It's going to affect people and we need to hear from them. And so that's the process that we are in. Bird: Follow up, Mayor. The main thing I believe is we have got to benefit the majority. You're always going to have the naysayers. You're not going to satisfy everybody. But you're taking the right approach, Bruce, and I appreciate that. And I think the businesses appreciate that. Chatterton: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Bruce. As you have the focus groups and you're listening to people, I would be interested, you know, is this something that can be done on a voluntary basis, as opposed to mandatory basis? You know, I don't know if there will be enough participation that way to fund the necessary items and to do the things that it would be a good idea to do, but that also tells us something. If people aren't willing to do it on their own, are we willing to force it upon them because we want to help them? I mean that's -- that's part of the slippery slope and so, you know, it's something I would be interested -- the feedback that you're hearing out there, if this is a great thing -- you can't -- everyone is not going to happy, but at the same time if it's not something they are willing to participate voluntarily that makes it a lot tougher. Chatterton: Mayor and Councilman Hoaglun, it was before my time, but I understand that we did try a voluntary program. We heavily publicized it. It was called, Mayor Biz -- De Weerd: Biz Reach. Chatterton: We promoted it heavily and I think at first thought we were getting some response, but it turned out that most of the entries were from the IT guy in-house doing test test test and filling out the application. Frankly, the voluntary programs are out Meridian City Council Workshop November 13, 2012 Page 38 of 58 there right now in the market and when it comes to a voluntary program, they can probably do it better than we can. It's really the strength of our approach, if we do this, would be that it's comprehensive, therefore, mandatory and that it would be updated constantly. That really would be the strength of the competitive advantage that we would have with this in terms of benefitting the community and adding value to the business community. I don't know of a way to work it voluntarily. It would be a different project than this. Hoaglun: Okay. Thank you Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Brad brought up one of the points that 1 have thought about, this is the mandatory aspect of it versus voluntary and both have issues. I think if it's mandatory, then, you're going to have push back for those folks that don't like government interference. You also have the issue of enforcement. What do you do? How are you going to know who isn't providing the information you want if you don't know that they are there to start with and how are you going to enforce that. On the flip side is if it's volunteer how do you -- how do you sell it to folks to see that there is a benefit for them for participation. And divulging this information that people are more and more not wanting to and they hear more and more horror stories about identity theft or those kinds of things. Having been there it's an issue and it's not fun to deal with. Cost. Concerned about cost. I think if it's that beneficial for the city the city ought to bear the cost, but how do you -- how do you find the money to make a program responsive enough, current enough, consistent enough to be of the value that we anticipate it's going to be? And the final issue is the slippery slope of data gathering and information. How do you put sideboards on it, because as soon as you start doing data gathering and information gathering of folks, then, something is going to raise their hand, well, wouldn't it be nice if we did this or wouldn't it be nice if we would do that and all of sudden you're gathering information that maybe one or two people thought it would be nice to have and it's not information that really is doing the city any value, not doing the system any value, it costs you money to gather data, it costs money to keep it current and many of these systems that grow into that situation get so large that -- and so expensive to maintain you lose sight of what we want to do and I think your point is in your first slide about what's the problem and what it is we want to do are critical and they have to establish some sideboards that will move it forward and it won't go beyond this and there needs to be hard and fast rules against that. But those are some issues that I see with it. I just -- I can see the benefit of knowing some of this information, but I can see the really down side of trying to accomplish it and the frustrating side of trying to do it. Chatterton: Mayor and Council Member Rountree, all excellent points. In fact, I don't know that I have an answer to all of your points, except that we are going to continue to ask these questions and address them. On your point about the -- how we Meridian City Council Workshop November 13, 2012 Page 39 of 58 appropriately use the information, I think it would be very very similar to how we handle a lot of the information we have about our citizenry right now from the property appraiser and from other sources, is that it's -- you shine the light of day on this being public information available to all and not in any way hoarded, but the information would be -- would be your approval of a program like this would be an indication that the community is saying we can be transparent in terms of who our businesses are, what they do, who owns them, who the responsible parties are. And so we definitely need to put the sideboards around it, so it doesn't grow bigger and that the information is handled in an appropriate and very transparent way. Those are all excellent points and I don't pretend to have answers to all of your points right at this point. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: First let me say I'm glad we are working on this. I think it's a good thing. I appreciate the comments that have been made and I think they are constructive ideas. I appreciate the progress that has been made. I have probably said this before from other places that I have lived, this kind of a program is very common, it's always mandatory, there is often a considerable cost to it. We are trying to keep that cost down as much as we can. But cities as they grow have found the need to do this kind of a program and my feeling is that we are either already or are soon approaching the point where we do need to have a program like this and what I really appreciate is putting together with -- with your ideas and Brenda's ideas and the focus groups, not just how this benefits the city, but how it benefits the individuals that would participate in it and I really like the emphasis on helping them find other customers and suppliers locally and I think that's an excellent point to leave with, but in general I'm in favor of moving ahead with this and it's uncommon in Idaho, but it's not uncommon in rest of the country. De Weerd: Well, I will just say that the list of stakeholders that Brenda and Bruce have put together are very diverse and they are not trying to surround themselves with like- minded or yes people, they really are trying to get that diverse opinion and I think Councilman Rountree's questions could very easily be taken to that -- that group to discuss each of them and look at the pros and cons, because I think they are very excellent points and you have a good stakeholder group that will give you a variety of opinions and good critique. So, I appreciate your update. If there is nothing further from Council, if there is anything else that you think that this stakeholder group would be good to help that or answer certain questions, I think that would be helpful to give those to Bruce if you come up with more. Okay. Thank you. Chatterton: Thanks for listening. D. Community Development: Rail with Trail Grant Application De Weerd: Okay. Item 7-D is our -- also under Community Development and Public Works and looking at a Rail To Trail grant application. Hi, Tim. I saw it under Meridian City Council Workshop November 13, 2012 Page 40 of 58 Community Development and, then, you stood up and I thought, okay, Public Works as well. Curns: We want to confuse you tonight. Madam Mayor, Members of the Council, tonight I'm here to talk a little bit about a possible grant or a grant opportunity that we have been looking at in the Rail To Trail group. We have been meeting regularly still trying to do our best to make sure that this moves forward and this -- this is kind of a fast moving thing here, actually. This application is due pretty much at the end of this month, but it was something that we felt we couldn't pass up. It's called the transportation alternatives program, so it's a federal funding through COMPASS and, really, Rail With Trail group we have kind of been in a little bit of a holding pattern strategizing on how to address some of the concerns that were brought up when we met last year with Union Pacific Railroad and one of the things that we felt we need to find a way to address was arterial crossings of the proposed Rail With Trails. This is something that the railroad was very concerned about how people were going to cross Meridian Road or Ten Mile Road or Locust Grove at the -- adjacent to the railroad crossings and their concern was simply, you know, some of these crossings, no matter what the signal or crosswalk or whatever it is, how are we going to make sure the cars aren't backing up over the tracks and now we have a safety issue. So, in talking with them, you know, there certainly are options that we could think of right off the bat for doing that, but they have kind of a hard time visualizing that and what we also wanted to do is kind of find a way to reach out into the transportation realm nationally and gather some information about what treatments might work at these specific locations, get something with more meat to it so we have that to take at some point back to the railroad in our conversation. So, looking at this transportation alternatives grant, which we did by the way run through the finance grants review committee, we have their buy off on this. If we were going to do something constructive wise or full design of a segment, we needed to have land locked up in order to apply for this and we just were not there yet, but certainly these crossings were something we wanted to address. So, the group came up with the idea of applying for this grant to do some conceptual design work in getting tool box of design alternatives for these crossings and that's something that we can do under this without the requirements of having the land locked up for the complete pathway system and it's also a lot less labor intensive in terms of reporting, because it is, essentially, like a planning document, so we weren't too worried about, you know, the reporting from this going through as federal funding as far as being too onerous to where we just didn't even want to bother with it. The proposed amount that we are looking at would be 85,000 dollars at the 7.34 percent local match. That means we would be on the hook for about 6,200 dollars of the total. Now, it's -- because of the way the funding works if we were awarded the grant we would have to put that money -- give that money up front through ITD and, then, we would be reimbursed back, so in the end we only end up spending the max amount, but we have to be able to pony that dollar amount up first. And so as I mentioned the application is due at the end of the month and so what we are looking at is kind of getting your feedback on whether or not the Council and the Mayor think this is a good direction to go, go ahead and apply for this grant and, then, we can put that together and have it back to you just in time to meet that grant deadline here at the end of the month. One other important thing to Meridian City Council Workshop November 13, 2012 Page 41 of 58 note, after we kind of got this all in processing, got it on an agenda of ACHD -- Caleb did some footwork, talking to some of the other agencies, because agency support is very important to this application and ACHD did say they are supportive of this, it crosses their facilities, obviously, so they have skin in the game here and this is something that we -- they would be involved in the process, but they also did mention that if we weren't successful with this and we wanted to go back to them and try to fund it locally, they would be more than happy to do that, look at ways to funding it through -- fund it through their program. So, that's something else to throw out there. So, that's -- that's the quick rundown. I don't know if there is any question you have about the grant specifically or how we got to this point, but I'm ready to answer questions. De Weerd: Any questions from Council? Bird: I have none. Zaremba: Madam Mayor? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think it's a great opportunity. My concern is it almost seems to me that somewhere out there somebody's done this before and I don't know if you have done any transportation research board searches or NCHRP any of those, but federal rails or federal highways, they do this stuff all the time and there is nothing out there in the research or design guides with respect to railroads and railroad crossing? Curns: Councilman Rountree, you know, we do have some knowledge about the real basic kind of crossing that's going over or under as one way to solve this problem, but as far as maybe signalized systems in such a close proximity to the actual signalized crossing system, haven't been able to find much, which kind of surprised me, because I thought for sure somebody would have had something very similar to this by now and I have actually done quite a bit of asking around at COMPASSes I have been at and other engineering firms and other cities and I have yet to find substantial information about this. In fact, I asked some planners from the city of San Francisco and they said if we found something out they wanted to know how we ended up doing it, so -- Rountree: I guess, then, it's probably not so much of a search for an answer, but it's conceptualizing potential answers and putting together conceptual design solutions. Is that more of the direction you're leaning? Curns: Councilman Rountree, yeah, we are looking for -- to get a number of different treatments we could use at each location as opposed to just one this is the way to do it, but this is -- these are the ways you could do it, here is about how much they would cost and here the ups and downs to doing them. Meridian City Council Workshop November 13, 2012 Page 42 of 58 Rountree: And final question. Given ACHD's interest in this, would they be willing to share the match with City of Meridian? Curns: Councilman Rountree, I don't know if we asked them that specifically, but if they are -- if they have told us they are willing to look at ways of funding the entire thing if they had to through their program I would -- I don't see why they would be opposed to sharing the match. I don't -- I thought we might have someone here tonight from ACRD, but I don't think we do. We scared him off. Rountree: Because I see this as, you know, it's something that's a national significance if you come up with something that has multiple options. Definitely regional and more specifically it's Ada County wide, but if there is other people that want to participate in that that would be great. Curns: I will certainly inquire. Rountree: Yeah. De Weerd: Mr. Zaremba. Zaremba; Madam Mayor, at the Meridian Transportation Task Force meeting Caleb did bring this up to the task force and somebody pointed out that there are places around Idaho where there are trails on railroad right of way and, then, somebody else pointed out that, yes, but in every one of those the railroad has removed the tracks. There aren't actually trains on those pathways, so they were not exactly equivalent to what we are looking for, but the point I wanted to make is that in the end the Transportation Task Force was behind applying for the grant. We felt there was no particular down side to applying for the grant and trying to do some research as a result of the grant. So, I believe that the task force recommended applying for the grant. De Weerd: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As we found this one is going to be a challenge dealing with the railroad and issues that they have and whatnot and one of the challenges how do we -- how do we do these crossings, especially in proximity to an active rail line and so I'm of the mind, you know, you just work on challenges as they come forward and try to pick them off and I think moving forward to find out what options are available and we can -- might utilize, I think that's a good thing. So, I think we could move forward with this. De Weerd: So, it sounds like it's favorable to move forward and look forward to seeing it come back, so it can be submitted and when you come back maybe you can have inquired with ACHD on if they would participate. Meridian City Council Workshop November 13, 2012 Page 43 of 58 Curns: Absolutely. De Weerd: Okay. Curns: Great. Thank you all. De Weerd: Thank you, Tim. Rountree: Thanks, Tim. Good idea. E. Legal Department: Commercial Commingled Recycling Service Rate Reduction for 95 -gallon Carts as Requested by Republic Services, Inc. De Weerd: Item 7-E is our Legal Department. Nary: Thank you, Madam Mayor, Members of the Council. You will see on your agenda there is a resolution that's Item F. After we had gone through the analysis with SWAC on the rate change and the rates were all adjusted according to the Consumer Price Index, after all the advertising is done our vendor Republic Services said they actually felt that it was more appropriate to lower the rate on some of the commercial ones and put them in line with the city of Boise, since the costs are very similar for them for commercial rates. So, they have proposed lowering the rate. That's what's here. Since we have already approved the rate increase as part of our standard yearly public advertising, we are not required to re -advertise for a lower rate, so we want to make sure that we have the consistent schedule of rates, so that's why you have a new resolution for that. So, if you're accepting of the lower rate, we can move to Item F and approve the resolution. De Weerd: Any concerns on Item 7-E? Okay. Zaremba: Sounds good to me. F. Legal Department: Resolution No. : A Resolution of the Mayor and City Council Adopting a Reduction to the Commercial Commingled Recycling Service Rate for 95 -Gallon Carts as Requested by Republic Services, Inc. De Weerd: Would say 7-F is Resolution 12-889. Council, what would you like to do? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Workshop November 13, 2012 Page 44 of 58 Rountree: I move that we approve Item 7-F, Resolution 12-889. Bird: Second. De Weerd: I have a motion and a second approve Item 7-F. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Police Department: Policy Manual Revision for Meridian Police Department De Weerd: Item 7-G is under our Police Department. Do you have a PowerPoint? Colaianni: No. There will be no PowerPoint. In fact, Madam Mayor, Members of the Council -- Bird: Have 540 pages to read. Colaianni: -- I know that you have been sitting here for a while, but I made an interesting observation. I know policy and procedure manuals are not the most exciting things to talk about. There will be no fly overs. There will be no fountains, greenbelts, pathways in my presentation, but I did notice that we are somewhere in this -- this department report between commingled recycling, but we are above the RV dump. So, I'm not sure what to think about that. De Weerd: Should be a message in there somewhere. Colaianni: And we are above meeting topics -- future meeting topics, too. Tonight I just wanted to kind of bring you up to speed on how we got to this point with the policy and procedures manual. The last time the police department had a comprehensive update -- entire update of the policy and procedures manual was in 1995. A lot has changed since then. The city has grown and grown and our department has changed. We have become a more full service department. The calls that we take, the things that we do have gotten more complex, thus there was a huge need for us to redo our policy and procedures manual and when things finally slowed down that gives us an opportunity to take a look at what we needed to do. I was assigned the project in 2011 with the goal of having it done in a year. Unfortunately, there was a skiing accident and I broke my leg in five spots and so I took about eight months off and so we are to the point now where I'm ready to move forward and I think we have got a good product here. The company that we picked to assist us with this manual, it was Lexipol. They are out of California. The company was founded by retired police officers, risk management people, and Meridian City Council Workshop November 13, 2012 Page 45 of 58 attorneys. They also had a fire component in the department, corrections component, state police component. Obviously, the component we used was the city police component. Right now there is about 1,400 police departments across the United States that use Lexipol. The way it's -- the way the policies manual is set up is that it's specific to our state. They use the federal laws, the state laws, the local regulations, ordinances, and things that we want in our policy manual, so it's customized to what we need and what fits us. The unique thing about this is that it's all electronic, it's all online, so every year, twice a year, we get updates to our policy manual, so we stay compliant legally with any federal laws, state laws, Ninth Circuit Court rulings that affect us and how we do business. The prosecutor's office -- excuse me -- if they have something that changes, we can go right in, update it, and we are ready to roll. It literally takes minutes to stay on top of this. We won't have this problem that we have had in the past with our policy manual being outdated. From a risk management standpoint, from a liability standpoint, I can't tell you how much easier it is to have a policy manual where we have established predictability in how things are going to outcome in our call. The other component that we have is that there will be daily training bulletins and I have worked with Dave Sasser at ICRMP and they have agreed to pay for the first year of the training bulletins in the way it -- they are going to pay 7,200 for us and the training bulletin to go with it. Every day an officer comes to work they will log onto their e-mail and there will be a training bulletin that pops up and the training bulletin takes two or three minutes to take and it ties directly into the policy manual and it creates an electronic footprint, if you will, on all the training they have been through and so they learn to understand and apply the policy manual in a real world scenario. So, ICRMP has helped us out there. I was also able to wiggle my way onto a state advisory board that is headed by Dave Sasser, myself, and several other agencies that we work with Lexipol on building policies that align with what we do here in the state of Idaho and my first meeting is next month and so I'm really looking forward to that and turning this into something special. I want to thank Mr. Nary, he loaned me Erin Montemurro for the better part of a year as part of this process and she has been dynamite, she's been there for me when it comes to the human resources side. That's not my expertise. Every one of these topics in a 50 page manual had to be vetted out by a subject matter expert. The command staff had meetings twice a week for months, almost a year, I can tell you there were some very spirited debates on getting this thing done, but it is done. Really, that's all I have and I will stand for any questions or comments. De Weerd: Thank you, Scott. Any questions from Council? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It occurs to me to wonder if -- if the contractor that's supplying this has such a broad base of other people that they are working with, is there any reverse benefit Meridian City Council Workshop November 13, 2012 Page 46 of 58 where they give us best practices or can they suggest to us any state legislation that may need to change? Is that not part of their -- Colaianni: Well, Madam Mayor, Council Members, Mr. Zaremba, the way it works is that if we need a policy specific to us we reach over to Lexipol and say we need a policy dealing with ride-alongs in our police department, they go to their templates and they will say, well, we have these, they have been vetted out by risk management and these are best practices. We can, then, take that and customize it to fit our needs or take what they give us and just adopt that. If they don't have something on the shelf, so to speak, then, what I can do is I can go into their program and I can send out an agency -- all the agencies across the United States for a specific policy that we are looking for in an agency say in Connecticut may have one and send it to me and so I can do that. So, it goes back and forth as a sharing of information. Zaremba: That's cool. Thank you Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not a question for Scott, but Bill. Has this manual been through some kind of legal scrutiny at the city level and has it got your blessing as well? Nary: Madam Mayor, Members of the Council, Council Member Rountree, yes, the -- the manual is prepared with -- with Lieutenant Colaianni, as well as Lexipol, Erin Montemurro from my staff, Terry Durden from our prosecution staff, as well as myself and Dave Sasser from ICRMP. So, we are all comfortable that it meets the current standard and actually better than that, so we are ready to move it forward. Rountree: Cool. De Weerd: Anything further from Council? H. Police Department: Resolution No. : A Resolution of the Mayor and City Council of the City of Meridian Adopting the Revised Meridian Police Department's Policy Manual Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-H, Resolution 12-890. Bird: Second. Meridian City Council Workshop November 13, 2012 Page 47 of 58 Hoaglun: Second. De Weerd: I have a motion and several seconds to approve Item 7-H. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: I almost was going to predict that. All ayes. MOTION CARRIED: ALL AYES. I. Public Works: Status and Future Options for the RV Dump at the Wastewater Treatment Plant De Weerd: Item 7-1 is our Public Works Department. To discuss this exciting topic. Allison: Yes. We are excited. Madam Mayor, Members of the Council, David Allison, engineer with the Public Works Department. Tonight we will be discussing the future of the RV dump facility at the city's wastewater treatment plant. This is an illustration of typically what happens at most RV dumps. Our current RV dump is located on the southwest corner of the existing kennel at the wastewater treatment plant. You can see here in the illustration. The reason for tonight's discussion is that during the upcoming construction projects of laboratory expansion of the new administration building, as shown here, the current location of the RV dump will no longer work. The laboratory itself will impede the flow of the traffic as they come through and the new security fence will be constructed beyond the administration building will inhibit the public from going back to beyond it, so its current location will no longer be feasible. The Public Works Department has worked together to develop three possible options for the -- for the future of the RV dump. Our first option is to onsite relocate the dump station. This would be rebuilding a new facility on existing wastewater treatment plant property. The second option would be to relocate the dump station off site at another piece of property. And the third would be to eliminate this facility altogether without rebuilding a new one. The Public Works Department worked directly with JUB Engineering and they developed this concept as to what the facility onsite could look like. Currently we are only able to allow one vehicle to dump at a time. This would -- the construction of this would implement the center island, which would allow for two vehicles at once to dump. It would also expand the road, which would allow for more queuing and stacking of vehicles, as well as a turnabout and a third lane to allow vehicles in and out of the plant. In developing these options we also developed the pros and cons that we felt were of major concern. Some of the major -- some of the bigger pros for onsite relocation would be the customer service. We are currently providing for the citizens and have for some time, so building on site would maintain that. We would also have the improved dumping oversight. As it is now the vehicles have to pull up very close to the administration building, so we were able to -- to the best of our ability see what's going in and see what types of vehicles are dumping at our facility. There is also the convenience it's located off of Ten Mile, so citizens know where it's at, it's easy to get to Meridian City Council Workshop November 13,2012 Page 48 of 58 and currently to relocate on site, we have the property, it's ours, and we also have the entitlements in place to be able to provide for this. We would also have the continuity of service and improved traffic flow as we added that third lane in and out of the plant. Some of the major cons there would be limiting facility access on some of the major holidays. Memorial Day, Labor Day weekends, as well as the Fourth of July, sometimes the vehicles stack all the way up to Ten Mile Road and out and that can also be inhibiting to people coming in to just do work at the facility itself. There is also the capital cost associated with constructing the facility, as well as the ongoing L&M. We currently have staff that maintain when they need to out there. Also, another area of concern is limited available space. As the plant is building out and developing that -- that room and space that we have now is becoming very critical and for plant processes and as we move forward tying that up with the RV dump station could -- could pose a problem. Additionally, another con that we have is that the service is open to all members of the public, it's not just City of Meridian residents. So, anyone with an RV can pull up and utilize it now. It is noteworthy, though, that City of Meridian, city of Boise, as well AS the city of Nampa, all provide this -- this service free of charge to the citizens, to the public. There are 21 other dump facilities located in the valley, but only those three municipal agencies provide it free of charge. Our second option is to relocate the dump station off site. Some of the major pros here would be increased plant security. We would no longer have the vehicles traveling up to the plant in and amongst our buildings, even on site. There would no need for them to be there. Building off site, though, would also continue the service that we are providing and the customer service that we have for our residents. There is also -- if we decide to go with an off-site location we could -- looking at a potential public-private partnership with some sort of a business where they may provide them land and we provide the infrastructure and such. Some of the major cons would be decreased oversight, off site we have no regulation, we have no oversight of really what's being put into the -- into the dump itself. We also have to acquire the land, whether that be another city -owned facility, such as a park or another -- another -- you know -- anyway, really we are actually going out and purchasing more land. As it is with the facility being on site, we can utilize our own staff. If it's moved off site we may have to either delegate that work or even hire to maintain an oversight. There is also the construction and capital costs for that and there would also be a lapse in the service. The construction of the lab and the admin buildings will start sometime in late spring, early summer, and from the land acquisition, planning, and construction phases we could be looking at a couple of years until this facility could be up and available for use by the public. We would also need to acquire the entitlements to be able to provide this at another location. Our third and final option would be to relocate -- or to not relocate and just continue the service that we are currently providing. A major benefit to that is there is no cost associated with doing nothing. Reduce O and M, we wouldn't have anybody delegated to do that work and there would also be increased security at the plant, because there would no longer be any vehicles traveling in and amongst the plant. We also have the reduced impact of the RV dump waste. Some of the chemicals they utilized to knock down the odors contain formaldehydes and other chemicals that can be detrimental to some of the plant processes. Also would be the elimination of service. That's something we have provided for some time now and the public has gotten used to it, the facility is heavily Meridian City Council Workshop November 13, 2012 Page 49 of 58 used, all throughout the summer, anytime during the day there is regularly an RV dumping there. So, there could be some public backlash, there could be some upset by eliminating that. And there would also be the concern of the environmental impact and you all remember Cousin Eddy and that ended up -- that ended up directly into the storm drain and that's not something that we want to see happen. So, moving forward, if the Mayor and Council decide that this is a service that we would like to maintain and continue here at the city, Public Works stands that we would like to recommend it to be located on site. One of the major benefits of that would be the ability to oversee what's actually being dumped, who is dumping. Also it's widely used by the citizens, so to keep it on a public facility, keep it where it's at, would be of a huge benefit. Our current engineering estimate 290 to 300 thousand dollars for the overall construction cost and I guess that concludes it. Any questions? De Weerd: Thank you, David. Any questions from Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: David, you indicated there is 21 dump stations around in the valley. How many are in the Meridian area? Do you have that? Allison: We have got three, including the City of Meridian. There is Acorn Self Storage and Boise Meridian RV. So, those are the only two other ones if we were to eliminate ours. And both of those are fees. Hoaglun: Do you know what fee they charge by chance? Bird: It's typically around five dollars. It's nothing huge, but -- Hoaglun: And I would assume they have to have staff there to collect that fee, so -- Allison: Yes. Hoaglun: -- do they have certain hours -- Allison: That I am not aware of. Hoaglun: And ours would be 24-7? Allison: Yeah. Right now they are able to pull up at anytime and utilize it. Hoaglun: Okay. Thank you. Stewart: Madam Mayor, Members of the Council, Councilman Hoaglun, actually, you know, we do close the security gate at the RV dump from -- or at the treatment plant at Meridian City Council Workshop November 13, 2012 Page 50 of 58 night, so they would not be able to dump at night. And I think it's also important to note that like at Acorn Storage, that facility is only available to its members, so if you're not a member of Acorn Storage or you don't store stuff there, you could not utilize that site even for a fee. Bird: And the RV park out here is only for people staying there. Stewart: Yeah. That could be true also. Hoaglun: Madam Mayor? Warren, if we were to go to recommendation one where it's outside the fence, is there -- are there still going to be hours or is that going to be -- Allison: The same security fence would be in place. It is actually behind the main gate, but -- the plant gate is what we -- Hoaglun: Okay. That -- thank you for clarifying that. Okay. Got it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think I would automatically eliminate the -- don't provide the service option. I just -- to me there are people who will dump inappropriately and I think as long as we can say we have a free spot where you ought to be doing this, then that gives us more leverage if we catch somebody dumping inappropriately to say you can't do that, but here is a free option, you know, why are you doing that. So, I would eliminate that and I actually support the doing it on site. So, I think we do need to provide the service, I think we need to provide it for free, as we have been doing, and the on-site option would be my preference. De Weerd: Any other comments from Council? Mr. Hoaglun? Hoaglun: Madam Mayor, you know, it doesn't look like there are adequate private options out there and especially in the City of Meridian. So, you know, out of the 21 and, boy, we had eight of them located around and there was enough places for people to go, you know, that's one thing, but we -- we don't want to have people dumping inappropriately and that would certainly cause problems and we don't want to have those problems. It's significant, but at the same time I think on-site we can control it, watch it, and we double the capacity, if you will, by making two lanes, there will still be some jam ups and there will still be some little issues, but I think that's the -- that's the best option available. De Weerd: Well -- and what is the cost of not doing it? I guess the illegal dumping scenarios certainly could pose additional problems in particular if they dispose of it in the storm water drains and it's not cleaned before it hits the river. Certainly that's the worst case scenario, but is it an option maybe to talk to the two businesses that do Meridian City Council Workshop November 13, 2012 Page 51 of 58 provide it, that we would provide some cost for Meridian residents and what is the -- the benefit of doing it that way? Allison: We would definitely explore that option, yes De Weerd: That just kind of occurred to me. It helps on our land design and our staffing, but it always goes back to when it's been on site our staff has been able to see some things that people were going to start dumping that shouldn't be dumped and with that supervision that we have been able to provide when it's on site, I think it's proved to be invaluable as well. So -- we don't know where they go after we say no and they drive off, who knows if it ends up there anyway, but -- I don't know. I guess, Tracy, with you here this evening, you certainly oversee the eyes on the RV dump, maybe you have something you want to add. Crane: I do. Madam Mayor, Members of the Council, thank you. Yeah. So, when we -- we do watch. This year alone we have a couple of disaster clean-up type vans pull up full of mud and dirt and our staff will let me know and I will go out there. I generally will direct them to a commercial dumping facility, either in Boise or the city of Nampa both invested quite a bit into automating their commercial dumping facility, so we try to give them the proper place to go, so they are not pulled up. We had some new signs made in our facility now that says it's for private RV dumping only and are staff our pretty diligent about it. I will tell you that it is heavily used. If you come there on a Monday, say after Memorial Day or Labor Day and there will be folks lined up for a long time. So, sporadically used during the day, we do open it at sun up to sun down, basically, is when the gates are open, but we will have to have overflow garbage bins on the three day weekends and bring another dumpster out there just to handle the residents. So, it's widely used. So, our preferred option is to -- folks are going to use it and they are used to it. I would add, of the three, the one at Acorn Storage is behind a locked storage gate, so I don't know that that's a real -- and if we closed ours down I'm not sure, you know, how much of a viable option there is out there for the folks that are using it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think the option leaving it there, doing the double. I can't see partnering with Acorn or Boise out there, because the -- I mean you would probably spend a lot more in getting a facility out there to get people through. The one out there is like any other RV park, it's set aside and you get one in there every ten, 15 minutes. Well, I have been out there when you don't -- you need to get through. I think if we are going to do it let's do it out there and do it the double. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Workshop November 13, 2012 Page 52 of 58 Rountree: We have established a precedence, so I can't imagine that we would want to impose a fee for the service. We provide the service, so we want to continue to do that. I don't see how on off-site public partner -- or private partnership will work without the exchange of some fee. So, I think that concept falls just with that idea. So, that puts us on site. On site is really the only place where you have any control, it's the only place we will have full time staff, it's the only place we can really accommodate the necessary clean up and policing that's required. So, I would say on site and have that additional lane for vehicle storage and queuing. My concern is is that at all times we need to have two lanes of traffic open to the facility for nothing else for employee safety. But it just -- there is no way we can allow that to plug up, so -- so to speak and no pun intended. Allison: And Mayor and Councilmen, I think that's the conclusion that we talked about, that we sort of came up with as well. Traffic flow is -- is very important and we think the new design will dramatically improve that. It's not very good and also blocks the -- our animal shelter folks, they spend the whole day or two where they can't get access to their facility on those days, so we think it will cover a multitude of those problems as well. And access. That is our only access in and out of the facility. We have one. So, for even public safety it's important that we keep these RVs from blocking up the entire lane on those days and get enough queuing area that we can maintain, you know, the access to the facility for sure. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Question. Given the length of time the construction activity is going to take, is there some temporary solution we can come up with that might work? That's going to be painful. Allison: Yeah. So, Madam Mayor, Councilman Rountree, we have discussed that as well and thought maybe try to get out in front of it, maybe put some notices in the sewer bills or something and the capital construction -- and you can speak to that about how long we think it would take. Crane: About six months, we would assume. Allison: So, really, there is not a lot of options, maybe some advice that the city of Nampa and the city of Boise has some dumps or some other places, but if we could get out in front of that and say we are improving it, we are making it better, and try to do a little bit of up front work it might save us some -- some issues in the long run. And if we were to get started maybe in the winter it would be preferable to get it done throughout the winter than the actual camping season. Rountree: Could this be done prior to the rest of the activity out there on site? Meridian City Council Workshop November 13, 2012 Page 53 of 58 Crane: Absolutely. I assume we could start design sometime in late winter, early spring, construction could start sometime and complete before -- like you said, before camping season started, before the heavy flow would be in there. Steward: Madam Mayor, Members of the Council, Councilman Rountree, I think, you know, the issue is -- the existing RV dump will be available until we start construction on the actual laboratory facility and the laboratory facility, the design process and getting the permits and everything else, is going to take the better part of this construction season. We plan to start construction on that I think late summer. Is that correct? Is that the current schedule, David? Allison: Early summer. Stewart: Okay. Early summer. Late summer. So we may be able to maintain some excess or some availability of the existing site through a portion of the summer, at least enough time to give us the ability to get this construction on a new RV dump significantly underway. I do think there is likely to be a lapse in service there, but I think we can coordinate that to where we can minimize that as much as possible. Rountree: Thank you. De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor, I would only add that as -- if such a lapse is going to exist, as soon as we can identify that, put up signs at the old location that the facility will lapse for this three weeks or six weeks or however -- if you can identify it, let's get some signage. De Weerd: Well, it looks like you have direction and obvious choice, so at some point you will need to bring a budget amendment and -- Allison: Okay. Thanks for your time this evening De Weerd: Thank you, David. Thank you, Tracy. Steward: Madam Mayor? De Weerd: Yes. Stewart: Members of the Council, I do think it's probably important to note that the actual money for doing something with this is included in the -- in the cost of moving the laboratory. We may have -- you know, depending on how much the bids actually come in on the laboratory and so forth, we may have to accommodate a portion of that in next year's budgeting cycle, but I do think -- we did put money in this year's budget for this laboratory construction with this in mind. So, I don't know that we will need to come back with a budget amendment per se. Meridian City Council Workshop November 13, 2012 Page 54 of 58 De Weerd: Awesome. I love it. That's great. Good job. Thank you. We will take this -- this page of the public minutes and -- Meridian City Council Meeting Agenda — Tuesday, November 13, 2012 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. J. Amended onto the Agenda: Legal Department: Discussion on Meridian Split Corridor Phase 2 Temporary Use Ordinance Revisions De Weerd: Item 7-J is the Legal Department. Nary: Thank you, Madam Mayor, Members of the Council. Nothing tells you where you belong in the organization than when you follow the RV dump discussion, so I will be as brief as possible. De Weerd: But you're not sandwiched between garbage and the RV dump, so -- Nary: That's true. De Weerd: At least you're on the better side of it. Nary: That is true. Madam Mayor, Members of the Council, I just wanted to take a moment to just report on the ordinance that's in front of you and, actually, the written one that's in front of you is the one we are asking you to pass today, not the one that's in your packet and there is a slight change and I just wanted to explain why. This is about as expedited a process as we've probably had for any type of issue of this type and I do really want to thank Sergeant Stolberg, Caleb Hood, Brian McClure from Community Development, Sergeant Stolberg from police, Emily Kane for the numbers of times that she rewrote this ordinance and when I saw her exasperated expression when I said did you think you were done with that, because we have one more, she was fine, as she always is, and ultimately really Nancy Radford of the clerk's office. We recognize this problem has been brought to our department in regards to the split corridor and the need for some additional sign and we have kind of used the term bonus sign a little bit, providing at least some additional means for people to get noticed and be reminded of the public that they are there and try and meet that need. Late on Friday we had another need pop up, we discussed it last week in regards to the 32 square foot sign, for the businesses fronting Meridian Road. The addition that's in your -- in front of you that we want you to pass, allows also for a 120 square foot sign on the building. Because some buildings actually face another street and as you can imagine, if you drive down West 1st Street and you don't know where the business is, you have only the orange and black sign on Cherry Lane to tell you it's somewhere down here and no way to know where it is. You could turn to go look for Fred's Barbershop and you run right into the barricade before you would see it, because the building faces Meridian Road. So, we wanted to make sure the buildings had the ability to put up a Meridian City Council Workshop November 13, 2012 Page 55 of 58 sign. Also on their building -- and our current sign ordinance doesn't allow for that or has a limited time that's allowed, we wanted to exempt that and allow them to have that. Cherry Consignment has one in the rear of the building, it doesn't make sense to want to put a permanent sign there, because a year from now it's not going to be needed. MGT Legacy Church bought a banner sign for the same purpose. Again, they don't need it there permanently, but they need it there temporarily. We felt we had all the Meridian businesses probably had a similar need. They all don't have enough wall space to have a 120 square foot sign. We wanted to give the flexibility for that and, again, we didn't have something in the current code. So, that's the only change you see in here. I do want to show you -- I didn't prepare a PowerPoint or anything, Sergeant Colaianni and I are on the same page, but we have a map that we will have as part of our application. We have a draft application already completed. It's ready to be rolled out now. Jared from code enforcement has been out walking the streets notifying businesses about our parking changes that are going on in downtown and notifying them at the same time this will be available to you soon. You can go fill out the application. It's free. All we expect of this is there is a couple of different quirks with it and so that's why we created the map. Our intent was -- is to make a map so you could tell us where your business is and where your sign is going to go. The other little wrinkle that's in here is that there is an area in the downtown, based on our recent agreement with Ada County Highway District that we control the sidewalk and we have control over what goes on the sidewalk. We -- the early - we governmented ourselves to death on what could go there and what couldn't go there and what if somebody wants to put a 32 square foot sign in front of the open window, do we need permission and I said, you know, it's not -- we are not going to put a 32 square foot sign in front of a window parallel to the street where you couldn't see it. You can't put it perpendicular to the street because it would block the sidewalk, so the reality is it's not going to happen and if it does and we are that uncomfortable with it, we will bring it to you and ask for your permission. Well, we think we have got it solved until something else comes up we didn't think of. But we think it realistically is ready to go and we'd like your approval to pass the ordinance today. Hoaglun: Okay. Thank you, Bill. Any question regarding this ordinance? Bird: I have none. I think it's very well written. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Just a comment. The fellow that's going up and down telling people that this will be free, make sure he's clarified that the permit will be free. We are not paying for the sign. Nary: Correct. Yes. Providing just the information on what is clearly provided. Yes. Zaremba: Thank you. Meridian City Council Workshop November 13, 2012 Page 56 of 58 Hoaglun: And, Bill, how is this information going to get out? Is ACHD assisting? I mean you talked about code enforcement, but how is this information getting out? Nary: We have had a couple different things. We are going to use social media and our website and probably some other means. We think that, really, the door to door that Garrett's doing in the whole downtown area -- or that Jared's doing is probably going to be probably the first sign. The other thing we are concerned with -- and, again, we are trying to push it out through a variety of the public sources that we already have is the same problem that already occurred. Somebody sees a sign, thinks, well, I can do that, too, and maybe they can't. So, we want to make sure we get it out as much as possible, so we have worked with the Mayor's office to push it out through all the varieties of different methods that we do. We will probably add it to This Week In Meridian, we will probably add it to the West Side, a variety of different places. Hoaglun: Okay. Thank you. Any other questions? Rountree: Just a comment to Bill and staff. Thank you for fine tuning this. I think that it will work and accomplish what folks seem to think they need in the way of signage for now. Hoaglun: And just for fun tomorrow, Bill, I'd go to Emily and say, oh, Council had one more -- no. Nary: If there is 245 32 square foot signs all over downtown Meridian, so be it. Hoaglun: Yeah. Thanks for your work on this, Bill. And with that, before we vote on this matter, I will turn it back over to the Mayor. De Weerd: Okay. If there is nothing further -- Bird: Madam Mayor? De Weerd: Mr. Bird. Item 8: Ordinances A. Ordinance No. 12-1532: Temporary Use Permit for One Additional Sign for Permanent Proprietors in Meridian Split Corridor Phase 2 Roadway Project Area Bird: I move we approve Ordinance No. 12-1532 with suspension of rules. Zaremba: Second. Meridian City Council Workshop November 13, 2012 Page 57 of 58 De Weerd: I have a motion and a second to approve Item 8-A. Did we read this by title? Bird: Oh, I'm sorry. Hoaglun: We did not. De Weerd: Okay. Before I ask for roll call I will ask Madam Clerk to, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1532, an ordinance of the City of Meridian adding a new section of Meridian City Code, Section 3-4-3C-10, relating to standards for one additional temporary sign for permanent proprietors in the Meridian split corridor phase two, roadway project area, upon issuance of a temporary use permit and providing an effective date. De Weerd: Okay. We do have an active motion on the table and a second. Madam Clerk, will you, please, call roll on this item. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: We are now at the end of our agenda with Item No. 9. Any topics for future agendas? Bird: I have none. De Weerd: Okay. I would entertain a motion to close. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council Workshop November 13, 2012 Page 58 of 58 MEETING ADJOURNED AT 6:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T10Y DE WEERD ATTEST: /P. - / 5 / azo DATE APPROVED Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 4A-- PROJECT NUMBER:' ITEM TITLE: Public Works Agreement with Nampa &Meridian Irrigation District to Encroach within the Easement of the Five Mile Creek and to Discharge into the Five Mile Creek MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN*---- ` Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington Staff Engineer II DATE: 10/29/2012 Mayor Tammy de Weerd City Council Memberft Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT TO ENCROACH WITHIN THE EASEMENT OF THE FIVE MILE CREEK AND TO DISCHARGE INTO THE FIVE MILE CREEK. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the License Agreement with Nampa & Meridian Irrigation District for a flush line to encroach within the easement of the Five Mile Creek and flush into the Five Mile Drain as part of the Black Cat Flush Line Project. 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer II (Project Manager) .....................................489-0349 Kyle Radek, Asst. City Engineer.........................................................................489-0343 Warren Stewart, PW Engineering Manager.........................................................489-0350 Tom Barry, Director of Public Works.................................................................489-0372 III. DESCRIPTION A. Background With the recent completion of the Pressure Zone 1 PRV Project, a new pressure zone (pressure zone 1) has been created. This pressure zone is the lowest area in Page I of 2 elevation within the City's water system giving it the potential for increased pressures due to pressure surges from higher zones. To mitigate these potential increased pressures, this project will install an automatic flush into Five Mile Creek to relieve any pressure surges. The flush line will also function manually to allow for periodic system flushing to purge iron and manganese from the pressure zone and maintain water quality. B. Proposed Project The Black Cat Flush line project consists of constructing a new 8 inch water main that will cross under a waste lateral and connect to a new 8 inch flush line that will discharge directly into Five Mile Creek at Black Cat Road. The new flush line will allow for manually flushing the water system and the ability for the water system to automatically flush to relieve system pressure. IV. IMPACT A. Fiscal Impact There is no cost associated with the approval of the license agreement. V. ALTERNATIVES A. The City could elect not to sign the License Agreement which would delay the project and the flush line construction. This creates the potential for delivery of water at excessive pressures to customers in west Meridian, and increases the likelihood of problems caused by those excessive pressures. VI. LIST OF ATTACHMENTS A. The attached agreement is a requirement of Nampa & Meridian Irrigation District to perform construction activities within their easement of the Five Mile Creek. Approved for Council Agenda: 11 > D to Page 2 of 2 IL s ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 16 BOISE IDAHO 12110/12 08:41 AM DEPUTY Nikola Olson RECORDED —REQUEST OF III IIIII III III IIIII II IIIII IIIIIII i II Nampa Meridian Irrigation Dist 11212959 AGREEMENT and entered into this da of 2012, by and This AGREEMENT, is made Y � _ between NAMPA & MERIDIAN IRR DATION DISTRICT, an irrigation district organized and existing Under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", WITNESSETH: WHEREAS, tile District owns the irrigation ditch known as the FIVE MILE DRAIN, an iiitegral part o l` the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair• the Five Mile Drain, and to access elle Five Mile Drain for those purposes; and, WHEREAS, the District operates, cleans, nicaintains, repairs and protects the Five Mile Drain for the benefit of District's landowners; and, WHEREAS, the City owns an easement or easements, particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof, for construction, operation and maintenance of an 8" flush line for discharge within and/or across the road right-of-way for N. Black Cat Ikoad in Meridian, Idallo; and, WHEREAS, the Five Mile Drain crosses and intersects N. Black Cat Road south of the intersection ol`N. Blacl Cat Road and. W. McMillan Road and the City's easements) described in Exhibit A as shown oil Exhibit B, attached hereto and by this reference blade a part hereof; and, WHEREAS, the City desires permission to construct a 8" flush line for discharge into the Five Mile Drain and within tile District's easement under the terms and conditions of this Agreement, within the City of Merid ian, Ada County, Idaho; and NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and comlitions hereinafter set forth, the parties agree as follows: A. Scope of Agreement 1. The City shall have the right to construct and maintain an 8" flush line and to discharge into the Five Mile Drain or encroach upon the District's easement for the Five Mile Drain in the manner described AGREEMENT - Page I in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the Five Mile Drain and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a parthereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Five Mile Drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. Each installed facility shall be subject the conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as needed. 3. This Agreement pertains only to the City's encroachment upon the Five Mile Drain and/or the District's easement for the purposes and in the manner described herein. The City shall not excavate, d ischarge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Five Mile Drain except as referred to in this Agreement without the prior written consent of the District. 4. The City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights ofthe District as owner of an easement. The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the City from the holder of title to the property. Should the City fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair I . The City agrees that the workperformedand the materials used in any construction permitted by this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the Five Mile Drain or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the Five Mile Drain; f. any other damage to the District's easement and irrigation or drainage woks. AGREEMENT - Page 2 4. The City agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f, or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the Five Mile Drain, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f. The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Five Mile Drain. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the Cityshall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The patties hereto understand and agree thatthe District has no right in any respectto impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the Five Mile Drain or the District's easement, and all construction and use of the District's easement by the City and the permission herein Provided therefor shall remain inferior and subservientto the rights of the District to the use of the Five Mile Drain for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Five Mile Drain. 4. In the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may unreasonably and materially interfere with the maintenance and operation of such Five Mile Drain by the District with its equipment for the maintenance of the Five Mile Drain shall be promptly removed by the upon demand of the District. AGREEMENT - Page 3 F. Applicable Law and Jurisdiction Unaffected 1. Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the Jurisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Indemnification and Hold Harmless I. In addition to all other indemnification provisions herein, City further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs I. The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous I . No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assi nment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to AGREEMENT - Page 4 be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shal I not be considered in any way in interpreting or construing any provision of the Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement(s) of the City described herein, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 EastGreenhurst 33 E. Broadway Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST: Its Secretary AGREEMENT - Page 5 ATTEST: C it,q"'C)l erk STATE OF IDAHO } ss: County of Canyon } CITY OF MERIDIAN Its Mayor City of E IMAM-- iIDAHU r� SFS of t he '[ A[ rc,�1��, Oil. this da of , 241.2, before me, the undersigned, a Notary Public in and fo r said State, personally appeared ersonall a eared Clinton C. Pline and Daren Coon, known. to me to be the President res respectively, of & MERIDIAN IRRIGATION DISTRICT, the irrigation district that and Secretary, p y� executed the foregoing oin instrument and acknowledged to me that such irrigation. district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first abb- e vi-*tten. VIVO% V1101000000000 11 Notar- :Public for Idaho Residing at 0J14A-%..t ,Idaho My Commission Expires: ®R NO tl ►V 00, o STATE OF IDAHO ss. Couny t of AAC%.- ) On this 1 dayof Niovunn)p,&� 241.2, before me, the undersigned, anotary public in and for said state, personally appeared � ri,,.i r-1 Q le f__v and _ �,� .�c�e � lMQnknown to me to be thewexy' and C, xim-... of the CITY OF MERIDIAN, the entity dial executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I leave hereunto set my band and affixed my official seal, t1le day and year in this certificate first above written. C� �Y; yM"�".✓ N:S'�'aY4 +LY�� �/��,;;��Y'nF' � �f.. <::'=. 10 w L t /h L AGREEMENT - Page 6 lo LLxe�y N� r,, v No ry Public for Residing at 1�4dian_k My Commission Expires:a .�vt EXHIBIT A Legal Description An easement for a 8" flush line for discharge, located within the road right-of-way for N. Black Cat Road in the Sections 33 & 34, Township 4 North, Range 1 West, B.M., Meridian, Ada County, Idaho. EXHIBIT C Purpose of Agreement The propose of this Agreement is to permit the City to construct, operate, and maintain an 8" flush line into the Five Mile Drain and the District's easement for the Five Mile Drain and within the City's easement for the 8" flush line, where the City's easement intersects the Five Mile Drain in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1, attached hereto and by this reference incorporated herein. The plans attached as Exhibit D-1 also reference a "Rutledge Drain" which is not a drain or ditch which is operated or maintained by the District. b. The City's discharge to the Five Mile Drain shall be for purposes of occasionally Bushing the City's system and the City shall notify the District's Water Superintendent, in writing, and obtain the District's permission prior to any flush/discharge into the Five Mile Drain. C. The City shall be responsible and shall ensure that any drains/flush lines which discharge into the Five Mile Drain do not cause any erosion or subsidence of soil within the Five Mile Drain. d. The City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. The City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is the subject of this agreement. e. The City hereby indenmifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. E In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with the City's discharge and other activity which is the subject of this agreement, the City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. AGREEMENT - Page 7 g. The parties to this agreement recognize that this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Construction of the flush lilies within the District's easement shall be completed one year from the date of this agreement. Time is of the essence. AGREEMENT - Page 8 Exhibit B Soy. 33 134, B.Y..Ada Coi .., it kiwi Idaho. CITY OF MERIDIAN BLACK CAT ROAD FLUSH LINE CONSTRUCTION PLANS CIVIL SURVEY CONSULTANTS, INC. CONSULTING ENGINEERS AND LAND SURVEYORS Exhibit D-1, page 1 m o�49're.v,- ..(11624 e n W r a p G) C �� Cco Oo M c Z 1d ED _ MEN Z m Z N o�49're.v,- ..(11624 e k p II � � qe P� y+ P y P f Y 5N Y p• $g P A! 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'= Z ;u r 0 m z Y^ gR4 d CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. --- w BLACK CATROAD FLUSH LINE CONSULTING ENGINEERS AND UND SURY YOUNEROSION (34" W m 0 o co A0D n Z cn �0M Ong omz -ij _ n �D? '= Z ;u r 0 m z Exhibit D-1, page 7 gR4 d CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. --- w BLACK CATROAD FLUSH LINE CONSULTING ENGINEERS AND UND SURY YOUNEROSION (34" AND SEDIMENT CONTROL Exhibit D-1, page 7 Meridian City Council Meeting DATE: November 13, 2012 ITEM NUMBER: 46 PROJECT NUMBER: ITEM TITLE: Public Works Agreement with Ada County Highway District (ACHD) for Construction of the Franklin Road -Ten Mile to Linder Project MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �E IDIA Publi*c IDAHO Works Department TO: FROM: DATE: SUBJECT: I. II. Mayor Tammy de Weerd Members of the City Council Tim Curns, Transportation and Utility Coordinator October 18, 2012 Mayor Tammy de Weerd Chp Ceandl N*mblrss Keith Bird Brad Hoaglun Charles Rountree David Zaremba APPROVAL OF AGREEMENT WITH ACHD FOR CONSTRUCTION OF THE FRANKLIN ROAD — TEN MILE TO LINDER PROJECT RECOMMENDED ACTION A. Move to: 1. Approve the agreement with ACHD for construction of the Franklin Road - Ten Mile to Linder Project; and 2. Authorize the Mayor to sign the agreement DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works DESCRIPTION Background 489-0342 489-0350 489-0372 The Ada County Highway District will begin reconstruction of Franklin Road from Ten Mile to Linder this winter. As part of the reconstruction, City of Meridian utilities are being adjusted to meet State required clearances, as well as the addition of recycled water lines. The construction will also allow the City to stub out utilities for future development. 1 of 2 IV. IMPACT A. Strategic Impact: This agreement with ACHD allows the City's work to be constructed at the same time as ACHD's project, resulting in cost savings and a reduction in the overall duration of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner and minimize impacts to the traveling public. B. Service/Delivery mpact: This project is not expected to have any immediate service or delivery impacts. C. Fiscal Impact: No direct costs are associated with this agreement; however, a reduction in overall project construction cost will be realized due to ACHD sharing costs such as administrative, traffic control, and mobilization. The City also does not pay certain costs associated with separately constructing the project, such as permanent pavement restoration and Storm Water Pollution Prevent Plan administration. Once the bid results for the work are known, staff will seek approval of the contract amount from Council. V. ALTERNATIVES Council may choose not to approve the agreement and construction costs; however, this would cause the work contained in the project to be removed from the ACHD project and bid separately at a higher cost. VI. TIME CONSTRAINTS Council's approval will allow the City's work to be executed with ACHD's project. The project will go to bid in November with construction anticipated to begin this winter. VII. LIST OF ATTACHMENTS A. Agreement with ACHD k' Approved for Council Agenda:` /. Warre�n Ste , Engineering Manager/Data( 2 of 2 V , -Ab INTERAGENCY AGREEMENT FOR: � ROADWAY CONSTRUCTION/POTABLE AND RECYCLED WATER AND SEWER LINES FRANKLIN ROAD —TEN MILE TO CINDER ACRD PROJECT N0.508019 .000*4% THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/POTABLE STMENTS "A reement� . is made and entered into this 1, da of WATER L,�I N E ADJ U ( g ) Y ­.m.wolN.overnn be, Ve aw—, 2012, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACRD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN") regarding ACHD Project no. 508019. RECITALS WHEREAS, ACHD is a single county -wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Franklin Road between Ten Mile Road and Linder Road ("Project Boundaries"), including potable and recycled water lines, sewer lines and installation of road millings as detailed in Project Number 508019, constructed pursuant to a separately - executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by including installation of potable and recycled water lines, sewer lines and installation of road millings in the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be reimbursed for costs and expenses attributed to the installation of potable and recycled water lines, sewer lines and installation of road millings within the Project Boundaries; NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway Page 1 of 5 reconstruction and water and sewer line work and installation of road millings referenced herein, which CONTRACT shall include, infer alfa, a provision that all work required for the potable water facilities shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of Meridian Supplemental Specifications to the ISPWC; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the water and sewer line work and installation of road millings referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact MERIDIAN's water and sewer line work and installation of road millings; e. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the teras of the construction CONTRACT; f, Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN's concurrence regarding MERIDIAN's portion of the CONTRACT, together with an invoice for MERIDIAN's share of the construction CONTRACT costs earned by and to be paid to Contractor; g. Provide for the reference and replacement of all pre-existing survey monuments within the Project; and h. Provide the trench compaction testing for the potable water line facilities from one foot (1) above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per one foot (1) of trench depth; provide all re -testing required in any area that does not meet CONTRACT" requirements. 2. MERIDIAN SMALL: a. Provide the inspection of all water and sewer facilities installed and adjusted and installation of road millings under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative as designated by DISTRICT; b. Provide DISTRICT with the special provisions for the water and sewer facilities and installation of road millings to be included in the bid documents for the CONTRACT, ; --�,. c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefor, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT; Page 2 of 5 d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice, � therefor, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse DISTRICT, up to a maximum of five percent (5%) of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sewer facilities and installation of road millings; f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours, and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN`s project costs as they relate to the total project construction costs; g. Be liable for the cost of repairing any trench failure attributable to failure of water lines, and be liable for and hold the District harmless for any and all costs and damages resulting from any such trench failure; and h. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations, and abandonments of MERIDIAN'S portion of the water and sewer facilities and installation of road millings or to the removal of an or all g Y items from the CONTRACT that are associated with the installation of said pipelines � and road millings. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated Into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the Installations, adjustments, relocations, and abandonments of water and sewer facilities and installation of road millings. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of resolving any items of concern or misunderstanding; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. Page 3 of 5 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the teras and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the state of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. m. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of therm; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and city. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. Page 4 of 5 r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. Time shall be of the essence for all events and obligations to be performed under this Agreement. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ADA COUNTY HIGHWAY DISTRICT: •• 0% �► ••• ityOTAR r % 40 : �► �.� 0 '•. IJ8 Ll •` "Mall" ACbecca W. Arnold, Presiden ACHD Board of Commissioners ti� � 1, •,, 40 Nor t' . lob !. i ; BLIC .,� FSO ., F ID P► , • "081119110•04 STATE OF IDAHO ) ss: County of ADA ) �� I HEREBY CERTIFY that on this day of 201le before the undersigned, a Notary Public in the State of Idaho, personally appeared Bruce Wong, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed icial seal, the day a ear in this certificate first ove wr Ir L Notary Public or d Residing at , Idaho My Commission Expires: 1 STATE OF IDAHO ss: County of ADA ) y d 3 I HEREBY CERTIFY that on this day of 10 C 2011,f before the undersigned, a Notary Public in the State of Idaho, personally appeared Rebecca W. Arnold, proven to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have he unto set my hand and affixed my i 'al seal, the day an year in this certificate first ove writt G Notary Public or d • Residing at 0/!90 Idaho My Commission Expires: CITY OF MERIDIAN: 00000 TTEST: ORNIED A UGLsr l_ City of _ Tammy d eerd E IDIA a olman Mayor �. `°"" ° it. Clerk A. 4r Ile SEAL TRE k5��� Page 5 of 5 Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Pathway Easement for Paramount Subdivision No. 21 MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 1 BOISE IDAHO 11115112 10:46 AM RDEPUTY ECORDED Bonnie OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian City 112119856 RECREATIONAL PATHWAY EASEMENT made and entered into this day of _ IJ ovuy)bcv` , 20121 THIS AGREEMENT, �... between Brighton Development Inc., an Idaho corporation and Paramount Owners Association, Inc., hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee a non-exclusive easement on the easement area described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times, except for periods of closure that may be necessary to maintain and repair the pathway improvements from time to time. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. RECREATIONAL PATHWAY EASEMENT (Paramount 21) THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then to such extent such easement hereby granted which lies within such boundary thereof or which is apart thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful rig Y ht to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: BRIGHTON DEVELOPMENT INC., an Id corporation BY: David W. Turnbull Its: President STATE OF IDAHO ss County of Ada ) On this day of , 2012, before me, the undersigned, a Notary Public in and for said tate, personally appeared David W. Turnbull, known or identified to me to be the President of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day and year fist above written. -Ift—M, InT RY BLIC F IDAHO -MlAL AIF REBECCA A. HANKS tlkesiding a NOTARY PUBLIC Commission Expi VOW- STATEW-. /Z78 I.A *A/ 07 OF IDAHO RECREATIONAL PATHWAY EASEMENT (Paramount 21 ) PARAMOUNT OWNERS ASSOCIATION, INC., an Idaho non-profit corporation BY: Its: President STATE OF IDAHO ) ss County of Ada ) On this day of J, 2012, before me, the undersigned, a Notary Public in and for said tate, personally appeared David W. Turnbull, known or identified to me to be the President of the Non -Profit Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my_hand and affixed my official seal the 100 , day and year fist above written. FREBECCA A. HANKS NOTARY PUBLIC STATE OF IDAHO W- -w- -V V 'W -V V RECREATIONAL PATHWAY EASEMENT (Paramount 2l ) GRANTEE: CITY OF MERIDIAN Tammy de W2/16, Mayor 4O�P�'ED A (jc&STl G000000 City of E IDIAN Attest b ycee Holman, City Clerk IDAHO OF �, SEAL ti APP y y roved B Cit Council On: �.3 I e TR STATE OF IDAHO ) . ss. County of Ada ) On this -172% day of Movembey , 2012, before me, the undersigned, a Notary Public .00�. in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. *.goes,* . (SEAL) 0 TA ; � i � • . % ! • ,% 10 IN 6 one* N 4ARY PUBLIC FOR MAHO Residing at:.(��� Commission Expires: Ja.n 4TgI� RRC''REATIONAT, PATHWAY EASEMENT (Paramount 21) 4 November 6, 2012 Project No. 1 12084 EXHIBIT A Legal Description of Easement Area PRODUCER DRIVE PATHWAY EASEMENT DESCRIPTIONS Easement No. I An easement located in the NE 1/4 of Section 25, T. 4 N., R. I W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner common to Sections 25 and 36 of said T. 4 N., R. I w,, and Sections 30 and 31 of T. 4 N., R. I B., B.M.; Thence North 00°23`20" Last, 2640.13 feet on the section line common to said Sections 25 and 30 to the 1/4 Section Corder common to said Sections 25 and 30; ,► Thence North 89°27'28" west, a distance of 25.00 feet on the northerly boundary line of Paramount Subdivision No. 15, as same is shown on the Plat thereof recorded in Book 99 of Plats at Page 12762 of Ada County Records, to the northeast corner of Lot 1, Block 49 of said Paramount Subdivision No. 15; Thence South 00°23'20" west, a distance of 10.06 feet on the easterly lot line of said Lot I to the REAL, POINT OF BEGINNING; Thence continuing Soctth 00°23'20" west, a distance of 10.00 feet on said easterly lot line of said Lot 1 to the southeast corner of said Lot 1; Thence North. 89136'401' west, a distance of 404.90 feet on the southerly lot line of Lots l and 2, Block 49 of said Paramount Subdivision No. 15 to a point of curve; Thence 21.1.9$ feet on the are of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 60106'] l " and a chord distance of 20.03 feet which bears North 59°3945" west on the westerly Jot lime of said Lot 2; Thence South 89136'40" East, a distance of 422.26 feet to the real point of beginning,. EXHIBIT A to RECREATIONAL, PATHWAY EASEMENT (Paranxwnt 21) 5 „r Also including: Easement No, 2 An easement located in the NE 1/4 of Section 25, T. 4 N., R. I W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner common to Sections 25 and 36 of said T. 4 N., R. 1 W., and Sections 30 and 31 of T. 4 N., R. 1 E., B.M.; Thence North 00123'20” East, 2640.13 feet on the section line common to said Sections 25 and 30 to the 1/4 Section Corner common to said Sections 25 and 30; Thence North 89'27'28" West, a distance of 509.91 feet on the northerly boundary line of Paramount Subdivision No. 15, as sane is shown on the Plat thereof recorded in Book 99 of Plats at Page 12762 of Ada County Records, to the northeast comer of Lot 1, Block 48 of said Parat-n cunt Subdivision No. 15, said point being a paint of curve; Thence 11.83 Feet on the arc of a curve to the right, said curve having a radius of. 20.00 feet, a central angle of 33°53}45" and a chord distance of 11.66 feet which. bears South 13°26'27" West on the easterly lot line of said Lot 1, Block 48 to the REAL POINT OF BEGINNING; Thence 20.99 feet on the arc of a curare to the right, said cable having a radius of 20.40 feet, a central angle of 60'07'57" and a chord distance of 20.04 feet Which bears South 60'27'18" West on the easterly lot line of said Lot 1, Block 48; Thence North 89°36'40" West, a distance of 168.00 feet on the southerly lot line of said Lot I to a paint of curve; Thence 21.04 feet on the are of a curve to the right, .said curve having a radius of 20.00 feet, a central angle of 60'15'51 " and a. chord distance of 24.08 feet which bears North 59°44'33" West on the Westerly lot line of said Lot 1; Thence South 89°36'40" East, a. distance of 202.78 feet to the real point of beginning. Also Including: Easement No. 3 An easement located in the NE 1/4 of Section 25J. 4 N., R. I W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: C°omi-nencing at the Section Corner coninlon to Sections 25 and 36 of said T. 4 N., R., 1. W., and Sections 30 and 31 of T. 4 N., R. 1 E., B.M.; Thence North 00°23'20" East, 2640.13 feet on the section line common to said Sections 25 and 30 to the 114 Section Cerner conznion to said Sections 25 and 30; EXHIBIT A to RECREATIONAL PATHWAY EASEMENT (Paramount 21) 6 Thence North 89`2728" West, a distance of 777.91 feet on the northerly boundary line of Paramount Subdivision No. 15, as same is shown on the Plat thereof recorded in Book 99 of Plats at Page 12762 of Ada County Records; Thence on the northerly boundary line of said Paramount Subdivision No. 15 for the following courses and distances: Thence South 00°23'20" West, a distance of 2.08 feet to a point of curve; Thence 10.47 feet on the arc of a curve to the tight, said curve having a radius of 20.00 feet, a central angle of 30100'00" and a chord distance of 10.35 feet which bears South 15°23'20" West to the: REAL POINT OF BEGINNING; Thence 20.95 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 60000'00" and a chord distance of 20.00 feet which bears South 60023'20" West; Thence North 89136'48" West, a distance of 11.26 feet to a point of curve; 'Thence 165.67 feet on the arc of a curve to the left, said curve having a radius of 212.96 feet, a central angle of 44°34'21" and a chord distance of 161.52 feet which bears South 68106'10" West; -10 " Thence South 45°48'59" West, a distance of 45.06 feet to a point of curve; Thence 20.94 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 60°00'00" and a chord distance of 20.00 feet which bears South 75°48'59" West; Thence leaving said northerly boundary line of Paramount Subdivision No. 15, Forth 45°4$'59" East, a distance of 62.38 feet to a paint of curve; Thence 173.45 feet on the arc of a curve to the right, said curve having a radius of 222.96 feet, a central angle of 441341' 1 " and a chord distance of 169.11 feet Which bears North 68'06'09" East; Thence South 89'36'40" East, a distance of 28.58 feet to the real paint of beginning. PREPARED BY: THE LAND GROUP, INC. L James R. Washburn v , , zv1 - OF .�, EXHIBIT A to RECREATIONAL PATHWAY EASEMENT (Paraymunt 2 1) 7 .00"604.1 1PYRTRYT R Depiction of Easement Area PARAMOUNT SUBDIVISION SECTION 25, T.4N., R.1 W., B.M. PATHWAY EASEMENT EXHIBIT NOT TO SCALE— S.30 EASEUENT I EASEMENT I WENT 3 1. - - -) C RPOB W. PRODUCER DR. EASEMENT 1 bT RPOS t W. PRODUCER DR. EASEMENT 2 RP EASEMENT 3 IWAPRODUCER DR. ��• \ .f r' i T-PAZI-12021 ..................... ,00,0000"1:t 11/2/2012 11-27:14 AU NOT EXHIBIT B to RECREATIONAL PATHWAY EASEMENT (Paramount 21) t —&OJT 000 I 8 Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement for Independent Contractor Services for "Well 17 Upgrades - FY2013" to Hiddleston &Son, Inc. for allot -To -Exceed Amount of $79,615.00 MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (:> I IDIAN Publi*c IDAHO Works Department TO: Keith Watts FROM: David Allison Staff Engineer DATE: 11/7/2012 SUBJECT: Project Information; Well 17 Upgrades — FY 2013 I. DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer (Project Manager) 489-0370 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION Mayor Tammy de Weerd Ch&v Council Membeirs: Keith Bird Brad Hoaglun Charles Rountree David Zaremba A. Back r� ound The Public Works Department budgeted to replace the aging pump and install a variable frequency drive (VFD) unit at Well 17. The existing pump is configured to run either on or off, with no adjustable flow rate available. Well 17 is located at 1616 E Time Zone Dr., on the northeast corner of Locust Grove and Time Zone Drive. B. Proposed Project This project entails replacing the existing well pump with a new contractor supplied unit. The project will also include the installation of a variable frequency drive (VFD) unit that will provide greater control of the pump and motor by allowing the pump to operate at varying flows depending on the water system demands. To ensure that the newly installed electrical equipment will remain within optimal operating temperatures, a new air conditioning unit will be installed within the well house. The work related to this project will be performed on City property within the City owned right of way. III. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work - in order to anticipate, plan and provide public services and facilities that support the needs of our growing community, and to ensure modern reliable facilities while maintaining financial stewardship. Page 1 of 2 B. Service/Delivery Impact: The replacement of the well pump and VFD unit in this project will improve customer service and overall water system reliability; it will reduce the risk of pump failure due to aging and worn out parts and equipment by allowing the motor to operate at optimal flows instead of cycling on and off during fluctuations in demand, and ensure that dependable service is provided to current and future customers, and extend the life of City infrastructure. C. Fiscal Impacts: Budgeted Amount (3490-96117) $18000.00 Current Obligations (3490-96117) $19,055.00 Balance Available for Construction (3490-96117) $160,945.00 Proposed Construction Cost (3490-96117) $79,615.00 Unobligated Balance $819330.00 Approved for Council Agenda: Wa en Stewart Page 2 of 2 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WELL 17 UPGRADES - FY2013 -CONSTRUCTION) PROJECT # 0709c THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 13th day of November, 2012, and entered into b and between h ' . y the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83842, and Hiddleston & Son. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 1240 NW Beaman St,_ Mountain Hom 83847 and whose Public Works Contractor License # is C -12249-B-4. INTRODUCTION Whereas, the City has a need for services involving WELL 17 UPGRADES - FY2013 - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. WELL 17 UPGRADES - FY2013 - CONSTRUCTION page 1 of 11 Project 0709c 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and n ' q standards established by applicable federal, state and city laws, ordinances, regulations and resolutions, The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties, 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $79,515.00, 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by city to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. WELL 17 UPGRADES - FY2013 - CONSTRUCTION page 2 of 11 Project 0709c ,Ipo� 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should contractor default in the performance of this Agreement or materially breach any of its provisions, city, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 75 (seventy five) calendar. days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claire or damage because of such dela and not be construed as a penalty. 0 y 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WELL 17 UPGRADES - FY2013 - CONSTRUCTION page 3 of 11 Project 0709c 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5, independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the terra of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6e, indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and fosses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR., its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and sgeciflcally agrees that it will maintain throughout the term of this Agreement., liabilit insurance in which the CITY shall be named an additional insured in the WELL 17 UPGRADES - FY2013 - CONSTRUCTION page 4 of 11 Project 0709c minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting f rorn , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whoa claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. WELL 17 UPGRADES - PY2013 - CONSTRUCTION page 5 of 11 Project 9799c 6.6 The limits of insurance described herein shall not limit the liability of �"`''• the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. 'Warranty: Contractor must warrant the project per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWQ which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Hiddleston & Son, Inc Purchasing Manager Attn: Mark Hiddleston 33 E Broadway Ave 1240 NW Beaman St. Meridian, ID 83642 Mountain Home, ID 83647 208-888-4433 Phone: 288587-9056 Email: pat@hiddlestondrilling.com Idaho Public Works License #C -12249-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 19. Attorney Pees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every terra, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. WELL 17 UPGRADES - FY2013 • CONSTRUCTION page 6 of 11 Project 0709c 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. . 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or WELL 17 UPGRADES - FY2013 - CONSTRUCTION page 7 of 11 Project 0709c enforceabilityof any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26, Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE, f� WELL 17 UPGRADES - FY2013 - CONSTRUCTION Project 0709c page 8 of 11 CITY OF MERIDIAN BY: TAMMY de WE ,MAYOR Dated: //- /3 • /dZ HIDDLESTON & SON, INC BY. MARK 9. HIDDL STON Approved by Council: ?/ /3, �E�/� Attest: JAYC-EE L. RMMAN, CIN CLERK 44011- A c�'sT �o City of .-; (5EIDIA N AID � S � Purchasing Approval VPI a r al .� nt APP of��� rRFAsu� BY: Y: KEITH ATT4.urchasing Manager WA REN STE ART, Engineering Manage Dated:: -7//!Z W 7%1Z W ELL 17 UPGRADES - FY2013 - CONSTRUCTION Project 0709c Dated:: 111 /7 /1% V 9 -/ page 9 of 11 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -13-0709c ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1 3-0709c, are by this reference made a part hereof. WELL 17 UPGRADES - PY2013 - CONSTRUCTION Project 0709c page 10 of 11 Attachment B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $793615.00. Item No. Description 7m" Quantity T�� Unit Unit Price A Mobilization 1 LS $3,562.00 B Demolition 1 LS $720.00 C Well Motor 1 LS $15,212.40 D Pulling & Replacing Well Rum /Motor 1 LS $2,750.00 E Pump Column 120 LF $7p632.00 F G H Mechanical Pumping Mechanical HVAC Electrical 1 1 1 LS LS LS $3,000.00 $11,691.00 $1,500.00 I Replace VFD with new VFD {see Specia I Provisions (This item will be removed via a deductive change order if not required) 1 I LS 1 $33,548.0 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 17 UPGRADES - EY2013 - CONSTRUCTION page 11 of 11 Project 0709c e IDSOS Viewing Business Entity Page 1 of 2 �M IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [Back to Summary ] [ Get a certificate of existence for HIDDLESTON &SON, INC. ] HIDDLESTON & SON, INC. 1240 NW BEAMAN ST MOUNTAIN HOME, ID 83647 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 05 Sep 2012 State of Origin: IDAHO Date of 14 Nov 1972 Origination/Authorization: Current Registered Agent: RON HIDDLESTON 1240 NW BEAMAN ST MOUNTAIN HOME, ID 83647 Organizational ID / Filing C46387 Number: Number of Authorized Stock 1 Shares: Date of Last Annual Report: 12 Sep 2012 Original Filing: [ Help Me Print/View TIFF ] Filed 14 Nov 1972 INCORPORATION Amendments: Amendment Filed 29 May OTHER - RA 1979 Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL http://v;ww.accessidaho.org/public/sos/corp/C463 87.html [ Help Me Print/View TIFF ] [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF for View Image (PDF format) View Image (TIFF for View Image (PDF format) View Image (TIFF for View Image (PDF format) View Image (TIFF for View Image (PDF format) View 11/8/2012 10. IDSOS Viewing Business Entity REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Report for year 1992 ANNUAL REPORT Report for year 1991 ANNUAL REPORT Report for year 1990 ANNUAL REPORT Report for year 1989 ANNUAL REPORT Report for year 1988 ANNUAL REPORT Report for year 1987 ANNUAL REPORT Idaho Secretary of State's Main Page Page 2 of 2 Imaae (TIFF format) View Imaae (PDF format) View State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos. idaho.gov http://www.accessidaho.org/public/sos/corp/C46387.html 11/8/2012 Image (TIFF format) View Ima4e (PDF for View Image (TIFF format) View Imacte (PDF for View Imaae (TIFF format) View Image (PDF for View Image (TIFF format) View Image (PDF for View Image (TIFF format) View Image (PDF for View Image (TIFF format) View Imaae (PDF for View Image !TIFF format) View Image (PDF for View Image (TIFF format) View Image (PDF for View Image (TIFF format) View Image (PDF for View Image (TIFF format) View Image (PDF for View Image (TIFF format View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF for View Image (TIFF format) View Image (PDF for View Image (TIFF format) View Ima e PDF format View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos. idaho.gov http://www.accessidaho.org/public/sos/corp/C46387.html 11/8/2012 Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: Approval of Task Order 10312h for "Municipal Water Supply Well No. 16-A Evaluation and Reconstruction Design, Inspection, and Geotechnical Services" to Hydro Logic, Inc. for the Not -To -Exceed Amount of $82,450.00 MEETING ,NOTES oVEV Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Agent CC: Jacy Jones, Kyle Radek Date: 11 /8/12 Re: November 13 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 13th City Council Consent Agenda for Council's consideration. Approval of Task Order 10312h for "Municipal Water Supply Well No. 16-A Evaluation and Reconstruction Design, Inspection, and Geotechnical Services" to Hydro Logic, Inc. for the Not -To -Exceed amount of $82,450.00. This Task Order is issued in conjunction with the Master Agreement 6A with Hydro Logic, Inc. dated December 6, 2011. Recommended Council Action: Approval of Task Order 10312h for the Not -To - Exceed amount of $82,450.00. Thank you for your consideration. • Page 1 Meridian City Council Meeting DATE: November 13, 2012 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Resolution No. 12-886A: An Amended Resolution Of The Mayor And The City Council Of The City Of Meridian, Appointing Jack Borton As A Youth Member To The Parks And Recreation Commission MEETING NOTES PP Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. I � � 0 A BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING JACK BORTON AS A YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recogn10 izes and values the unique perspective and input of the youth of the Meridian community as it pertains to parks and recreation within the City, and to that end Meridian City Code § 2-2-3(B) states that a youth member may be appointed to the Parks and Recreation Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Jack Borton to the Parks and Recreation Commission, for a term of up to one year; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-2-3(B), Jack Borton is hereby appointed as Youth Member of the Meridian Parks and Recreation Commission, for a term to expire on August 31, 2013. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval . 2012. ADOPTED by the City Council of the City of Meridian, Idaho, this %?Yk- day a of November, APPROVED by the Mayor of the City of Meridian, Idaho, this 13 day of November, 2012. ATTEST: aycee IUlman, City Clerk APPROVED: xl ED A �c�r ° Mays T City of B IDIAN, ., IDAHO <�^ SEAL ti �f fke TR W3* e4�Z'Ie' F de Weerd JACK BORTON - YOUTH COMMISSIONER APPOINTMENT FOR PARKS AND RECREATION COMMISSION Page 1 of 1 Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Annual Update from Lakeview Golf Course MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS P, GOLF COURSE ADDENDUM C P ISSUES TO BE ADDRESSED IN FORTHCOMING ADDENDUM ., Presented By Ted Baird, Deputy City Attorney,-; OF 1. Uodates provisions regarding the Capital Improvements Plan a. Eliminates the current capital project schedule. b. Substitutes a minimum $6k per year capital expenditure requirement (as discussed in Lakeview presentation). c. Projects to be at Lessee's discretion. d. Effective for the next seven years (sunset on 9/30/2019). 2. Accounting Records a. Specific update to financial reporting requirements is still being negotiated. b. Erik and Stacy to meet to workout the specifics. c. City desire to put financial reporting on "auto -pilot." 3. Rent Relief — Seven Year "Auto -Pilot" a. Agreement continues to require $6k annual rent payment. b. Sets up automatic reporting system to substantiate compliance with the minimum $6k per year Capital Improvement Requirement. c. City Finance Director has also suggested adding a requirement that annual financial reporting requirements be verified in this process. d. If Proof of CIP spending (and possibly financial reporting) is verified, the rent relief request automatically goes to City Council for Consent approval. 4. Grounds Maintenance a. Replaces exhibit from existing lease. b. Enacts revised standards that have been in place for the past few years and have been approved by the Focus Group. 5. QUESTIONS? COMMENTS? 0 0 CD CD cn (/) 0) 0 mo cn 77" c CD C: i�c�i=r v �< � CD rm*& cn =37 QCD O� OCD3 (DC/) o =3. C: v C: w CD cn CD a COD 0 mn cn CD 0 0 0 CD < CD rm+L rm+L cn CD CD< :3� `< c� O CD CD ,- O v O � ,�- cn =37Ml 0 � C =37 r=PL n 300 MMI cn 0 c 0 cn CD � CD CDcn 0 M 30 � MO < O�� (D C: �l �l ll< cn CD cn '%A 0 G) %A 3 CD ;U 0 Cn G) �% � (n cn cn 0 cn CD CD _ cn CD Lw --n C CD f79 mmoxO C:) O C:) O O 10 O z Z C m C/) O 0 �. N CD N 0 cn CL 0 0 CD 0 � O 0 Z)7 0 CD o) cn 104< CO CD CD cn 0 rMilm 0 73 CD CD CDM 0 CD C: CD cr 3 CD cn 0rwift (a cn � 3 CD cn O � cn cn c: 0 CD O � � cmn CD cn < (D CD < 0 CD -69 Cj) I%< CD < C:) CD� 0n C/) � M=l :3 w., CD �C:) 44< CD C) rm+L C) C:) v %M rm+L 0) I,< C:) Q m n� CD z Q o U). Z cQZ0 cn C: � 7D 0 Z Z O 0 0) C:rmqm C: G) cn C/) z =3 %A 0 CD G)G r10 r� n U C 00 0 � �• � 0 CD CD(n (D (n C)�M Sy 0 Cf) ftftft � (Q N ftftwft O :3 CD CDIMMINER M 0 %A 0 END rolta 3 CD mU CD (D < 0 2) NNNuh- M I < 0 cn (D o > rm+L OmutaF,%< o n � G) M��0 � ° n Omuta N=Ns 0)0 rm+L 0 IN CD 0 0 O cn co INEEME 0 M c�3 cn CCDD (p (n'o 00 O fn 0 < cn X= CD WOMEN 3 2 C: (D (p 0 CSD 3 cn cr v CD m � 3 m CD 0CDrM+L rm*v C:M=%3CD CD cn C: 3 v 3 o==+% � o � C: � � 3 n U C 00 0 � �• � 0 CD CD(n (D (n C)�M Sy 0 Cf) ftftft � (Q N ftftwft O :3 CD CDIMMINER M 0 %A 0 END rolta 3 CD mU CD (D < 0 2) NNNuh- M I < 0 cn (D o > rm+L OmutaF,%< o n � G) M��0 � ° n Omuta N=Ns 0)0 rm+L 0 IN CD 0 0 O cn co INEEME 0 M c�3 cn CCDD (p (n'o 00 O fn 0 < cn X= CD WOMEN 3 2 C: (D (p 0 C/) CD C CD r CD v rr 0 v v CD MMI v' 3 0 v 0 ■ ■ :zz • 1 1 R. 0 C7 0 cnCD %A rf V♦ rol Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Meridian Arts Commission Recommendation Regarding Meridian Split Corridor Phase 2 Public Art Project Proposals MEETING NOTES a� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS - /I 7 Meridian Commission Recommendation to City Council Meridian Split Corridor Phase 2 Public Art Project The Meridian Arts Commission recommends that none of the three public art proposals be selected for installation and that the Call for Artists (RFP/RFQ) be re -opened to artists in Idaho and contiguous states. After thoughtful review of the artists' proposals, the public art selection panel concluded that none of the finalists met the criteria set forth in the Call. The proposals were evaluated based on public input regarding the proposals; quality of proposal; appropriateness and safety of proposed artwork for project site; reflection of Meridian's commitment to environmental responsibility and sustainability; consistency with Meridian's history, character, and values; and contribution to aesthetic and cultural vitality and sense of place. Concerns expressed by the panel resulted in a unanimous recommendation to re -open the call rather than select one of the submitted proposals. MAC agrees with the panel's recommendation. MAC further recommends that the Call be re -opened and that the City both seek professional artists beyond Idaho to apply as well as extend the submission timeline to allow for proper design, preparation and engineering. The Meridian Split Corridor Phase 2 Public Art project is currently the largest ongoing public art project in the state of Idaho, and this installation will be part of our community's identity for several years. Accepting MAC's recommendation to re -open the call would ensure that the best possible artwork is selected for the City and its citizens. Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Fire Department: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED T4 STAFF SENT T4 AGENCY SENT TO APPLICANT NOTES INITIALS 0, �l u r 61. G� O � V m � N � r 61. 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Prvr.B '� ^.. ...aJ b ��y .p�vp ..ws, ,. -. ♦♦i v.Jo t Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Mayor's Office: Community Liaison Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Community Development: Business Registry Update MEETING NOTES Community Item/Presentations Presenter Contact Info,/Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Z O V n1ple L O A 0 -I an 0it (1) H s w �� �Y yes .,s .;� St. ':,: , °s�•�'?: ' Es :<• u ca 0 co C N 0 L 0 oft* U L0cn. ... ... ... ... ........................ ............................... .... ...... . . ........................ ...... . ... ... ............. . .... ..... . .......... ... ....... ..... ... .. ... ......... .. . .... `�o�z�� . .. ... c : .. .....r... ;��'.t?x.o.. .. �a.� �:. :.. : :a�.���tT.'...�a .. 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' c3�f.: Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Community Development: Rail with Trail Grant Application MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS November 7, 2012 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager Tim Curns, Transportation and Utility Coordinator RE: Rail with Trail Grant Application November 13, 2012 City Council Agenda Item A small group of city staff have been meeting over the past couple of years on a Rail with Trail (RWT) plan. COMPASS recently released a call for projects and our RWT "team" decided that our RWT project could make a good application. The scope of our grant request will be for $85,000 to help look at conceptual design options for the pathway/arterial roadway crossings. The Transportation Alternatives (TA) Program is a part of the Federal -aid Highway Program. Although the program is a "grant" program under Federal regulation, is not an "up -front" grant program and funds are available only on a reimbursement basis. Only after a project has been approved by the Idaho Transportation Department (ITD), COMPASS, and the Federal Highway Administration (FHWA) division office can costs become eligible for reimbursement. This means project sponsors must incur the cost of the project prior to being repaid. A 7.34% local match (or $6240) is required. Applications are due to COMPASS by November 28th. The City's Grant Committee has reviewed this request, and staff would like to discuss applying for this grant with the Council. If the Council is supportive of applying for a TA _rant, staff will prepare a resolution and put it on an upcoming agenda. As these crossings would occur in ACRD right-of-way, the District's concurrence is important. Instead of applying for federal funds, ACHD staff has proposed using local dollars to do the concept planning for crossings. ACHD staff should be at the November 13th meeting to discuss this alternative option to the TA grant. TA Grant Prog_ramBackground: The Transportation Alternatives (TA) Program was authorized by Moving Ahead for Progress in the 21" Century Act (MAP -21), the new transportation authorization, signed into law July 6, Community Development Department • 33 E. Broadway Avenue, Meridian, ID 83642 Phone208-884-5533 • Fax 208-888-6854 . www.meridiancity.org Page 2 ,--� 2012. The TA Program redefines the former Transportation Enhancements activities and consolidates these eligibilities with the Safe Routes to School and Recreational Trails Programs. The Surface Transportation Program - Enhancements (STP -E) program was originally authorized in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and continued through two successive laws TEA -21 and SAFTETEA-LU. The TA Program builds upon the legacy of the STP -E program by expanding travel choices, strengthening the local economy, improving the quality of life, and protecting the environment. The project sponsor is responsibility to ensure the availability of local match and entering into an agreement with ITD. ITD will provide oversight on the project; however, the project sponsor must be knowledgeable in federal program requirements and be able to manage the project at the local level. Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Legal Department: Commercial Commingled Recycling Service Rate Reduction for 95-gallon Carts as Requested by Republic Services, Inc. MEETING NOTES A)di Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 13, 2012 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: : Legal Department: Resolution No. 1 2- -eeq A Resolution of the Mayor and City Council Adopting a Reduction to the Commercial Commingled Recycling Service Rate for 95 -Gallon Carts as Requested by Republic Services,, Inc. MEETING NOTES PROVEfl Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION REDUCING THE COMMERCIAL COMMINGLED RECYCLING SERVICE RATE FOR 95 -GALLON CARTS AS REQUESTED BY REPUBLIC SERVICES, INC.; AUTHORIZING THE CITY OF MERIDIAN UTILITY BILLING DEPARTMENT TO REDUCE SUCH RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian adopted the Annual Rate Schedule of the Solid Waste Collection Services by Republic Services, Inc., as approved by Resolution No. 12-879 on October 9, 2012; and WHEREAS, the City Council of Meridian heard a Department Report regarding the proposed rate reduction to the Commercial Commingled Recycling Service Rate for 95 -gallon carts as requested by Republic Services, Inc., as set forth in Exhibit A hereto; and WHEREAS, following such report, the City Council, by formal motion, did approve said proposed rate reduction changes to the Commercial Commingled Recycling Service Rate for 95 -gallon carts as requested by Republic Services, Inc. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the reduction to the Commercial Commingled Recycling Service Rate for 95 - gallon carts as requested by Republic Services, Inc., as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the City of Meridian Utility Billing Department is hereby authorized to implement and carry out the collection of said rates. Section 3. That this Resolution shall be in full force and effect with the beginning of the December 5, 2012 billing cycle to be reflected on the December billing statements of the City of Meridian Utility Billing Department. ADOPTED by the City Council of the City of Meridian, Idaho this 13 day of November, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this /3 -day of November, 2012. ATTEST: cee lqojman, City Clerk APPROVED: 40SNN'T ED v� City of mmy E ID1AN*-- ..3 IDAHO SEAL e If oftke TItEASU� erd, Mayor ADOPTION OF REDUCTION TO COMMERCIAL COMMINGLED RECYCLING SERVICE RATE FOR 95 -GALLON CARTS - PAGE 1 OF 1 4) V 0 4) N R= o N L L{j Q% L E E N C O (D CA 0 U_ O a) .i> cn U .� w � Q O 1.` N Q � Z W N 3 x LO N x M le N k N a 3 t C C N 1-5 LL I I V- M LO M M O CO 01 CO CO CO cflr-ono N N M U') V-- t` r- f-� O V- CO O V- CA M CO r- V T- r N N co Co CO d' -�d O U') V- CO N CO N M O qt CO O 3 U co coY LO M U') ti O M r r r co U LO O (D ti O V- N �cfltiti � � co co ti 3 c� U v ILO O co O -Y M N CO to O N � e - M U) Co 1% 3 I U M P- U') co Co N Co M m It N N N U N M M M M Y U') N N N N N ca U O N CA M b� LO 7 CO co Q9, m O M M '1t O O M 0% 6F> cu U C O 'a "a 'a 'a O Lh M to Co CO O N ca U LO Y a� 3 ca U Y co N U M Y N co U N N N cu U O O O M O O to N O O O N 69- C) O VII 69 O O N O c6 m O 69- C i Y N N L O W W cu U C O cu O 6 CY) Meridian City Council Meeting DATE: November 13, 2012 ITEM NUMBER: 7G PROJECT NUMBER: ITEM TITLE: Police Department: Policy Manual Revision for Meridian Police Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Police Department Policy Manual Policy Manual Chief's Preface You are a member of the Meridian Police Department because we believe you contribute to our success and share our commitment to the community. The success of this department is determined by our ability to work as a unified team. Together, we must earn the trust and respect of the public we serve. It is our desire to see each member of this organization succeed in their job and help in achieving our goals. The members of the Meridian Police Department constantly strive to provide the best professional police service to the citizens of Meridian. This manual is designed to provide a working guide for the department. The very nature and environment of law enforcement requires that all personnel of the department be given specific and consistent instruction in fulfilling their various duties and responsibilities. While both sworn and non -sworn personnel are responsible for making many discretionary decisions we are all bound by the same laws and currently accepted professional standards. The policies, rules and procedures contained in this document are a guide to the exercise of discretion and execution of duty for all members of the agency. Our philosophy is one of mutual respect and shared responsibility. This can only happen through effective and ongoing communication. With that in mind, it is important that expectations for both this office and each member are clear in order to establish a positive and productive working relationship. This manual reflects basic departmental policy and procedures in dealing with operational and administrative functions and it establishes a format for a methodical and continuous approach to the attainment of the departments Strategic Goals. It is designed to provide a clear understanding of the constraints under which we all work and the general expectations the department has of its members. The manual is a tool to supplement individual training and experience; it is not intended to discourage employee initiative or is it able to address all situations. The department continues to encourage the judicious exercise of discretion where it may be required. To achieve and maintain our status the Meridian Police Department must focus on our mission and make decisions that promote our values and principles. This policy manual defines the key policies, goals, benefits and expectations of this office. You should use it as a ready reference as you pursue your career with the Meridian Police Department. Of course, a written manual cannot be all-encompassing. As you find yourself faced with situations not explicitly addressed in these pages, we trust you will use sound judgment to make ethical decisions. Your moral compass should, at all times, be the true guide of your actions. All personnel are encouraged to submit recommendations for constructive change through the appropriate chain of command. Meridian Police Department Policy Manual Our hope is that you will find your work challenging and rewarding and that you will experience both professional and personal growth as a member of the Meridian Police Department. Chief of Police Jeff Lavey Meridian Police Department Policy Manual Code of Ethics As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous and calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession of law enforcement. Meridian Police Department Policy Manual Meridian Police Department Mission Statement and Meridian Core Values Meridian Police Department Mission: To provide the highest quality service, in partnership with our community, to preserve and protect life and property through education, prevention and enforcement. Meridian Core Values = CARE: Customer service: We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution oriented, where staff meets and exceeds expectations by listening to customers and following through on their concerns. Accountability: We understand our role in the organizational team, know our jobs, and accept that each of us is responsible for our own work, choices, and actions. Respect: We will be trustworthy and courteous. We honor and accept people with diverse opinions and backgrounds. Excellence: We will be professional beyond the parameters of our job while being creative, innovative, flexible and adaptable to community needs. Through CARE, we provide our best for the community we serve. We will provide quality service to our customers and positive development of our staff that promotes and expects accountability, respect and excellence. Meridian Police Department Policy Manual Table of Contents Policy Manual Chief's Preface..............................................................................1 Codeof Ethics.......................................................................................................3 Meridian Police Department Mission Statement and Meridian Core Values.................................................................................................................4 Chapter 1 - Law Enforcement Authority............................................................10 300 - Use of Force........................................................................................................ 100 - Law Enforcement Authority...................................................................................11 301 - Incident Command System................................................................................. 101 - Cannon of Police Ethics...................................................................................... 14 102 - Chief Executive Officer........................................................................................ 17 103 - Oath of Office....................................................................................................... 18 106 - Policy Manual...................................................................................................... 19 Chapter 2 - Organization and Administration...................................................24 309 - Conducted Energy Device Guidelines................................................................. 200 - Organizational Structure and Responsibility........................................................ 25 204 - Special Order....................................................................................................... 28 208 - Training............................................................................................................... 29 212 - Electronic Communications................................................................................ 32 213 - Use of City Fax, Copy Machine and Phones ...................................................... 36 214 - Administrative Communications.......................................................................... 37 215 - Supervision......................................................................................................... 38 217 - Staffing Levels..................................................................................................... 41 Chapter 3 - General Operations.........................................................................42 300 - Use of Force........................................................................................................ 43 301 - Incident Command System................................................................................. 50 305 - Interview Rooms................................................................................................. 54 306 - Restraint Devices................................................................................................. 56 307 - Domestic Violence -Sworn Officers...................................................................... 60 308 - Control Devices and Techniques......................................................................... 63 309 - Conducted Energy Device Guidelines................................................................. 66 310 - Officer -Involved Shooting.................................................................................... 71 311 - Intoxilyzer/Field Sobriety Testing Room.............................................................. 80 312 - Firearms............................................................................................................... 82 313 - Crime Prevention................................................................................................ 87 314 - Vehicle Pursuits................................................................................................... 88 315 - City Ordinances................................................................................................. 100 316 - Officer Response to Calls.................................................................................. 101 317 - Utility Knife Safety And Usage........................................................................... 104 319 - Canine Program................................................................................................ 106 320 - Domestic Violence..............................................................................................116 321 - Prescription Drug Collection/Disposal Program ................................................ 120 322 - Search And Seizure........................................................................................... 122 Table of Contents - 5 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual 324 - Temporary Custody of Juveniles........................................................................ 124 326 - Vulnerable Adults............................................................................................... 129 328 - Harassment and Discrimination........................................................................ 132 330 - Child Abuse Reporting....................................................................................... 135 332 - Missing Person Reporting.................................................................................. 140 334 - Amber Alerts...................................................................................................... 144 336 - Victim Assistance............................................................................................... 146 338 - Malicious Harassment....................................................................................... 148 340 - Code of Conduct............................................................................................... 152 342 - Police Department Computer Use..................................................................... 164 344 - Report Preparation............................................................................................ 169 346 - News Media Relations....................................................................................... 172 348 - Court Appearance And Subpoenas................................................................... 175 352 - Mutual Aid and Outside Agency Assistance...................................................... 180 358 - Call -Out Activations and Notifications................................................................ 181 360 - Death Investigation............................................................................................ 188 362 - Identity Theft...................................................................................................... 189 363 - Arrests and Searches....................................................................................... 190 364 - Private Persons Arrests..................................................................................... 194 368 - Limited English Proficiency Services................................................................. 196 370 - Hearing Impaired/Disabled Communications.................................................... 201 375 - Civil Standby...................................................................................................... 204 380 - Child Safety...................................................................................................... 205 382 - Service Animals................................................................................................. 207 384 -Volunteer Program............................................................................................. 209 386 - Off -Duty Law Enforcement Actions.................................................................... 214 Chapter 4 - Patrol Operations...........................................................................216 400 - Patrol Operations.............................................................................................. 217 402 - Racial/Bias Based Profiling................................................................................ 219 404 - Patrol Shift Briefings......................................................................................... 220 406 - Crime And Disaster Scene Integrity................................................................... 221 410 - Ride-Along......................................................................................................... 222 412 - Hazardous Material Response.......................................................................... 225 414 - Hostages And Barricaded Suspects.................................................................. 227 416 - Response to Bomb Calls................................................................................... 231 418 - Mental Hold Commitments................................................................................ 235 420 - Cite And Release.............................................................................................. 239 422 - Arrest or Detention of Foreign Nationals........................................................... 242 424 - Rapid Response And Deployment.................................................................... 248 426 - Reporting Police Activity Outside of Jurisdiction ................................................ 250 428 - Immigration Violations....................................................................................... 251 432 - Patrol Rifles....................................................................................................... 254 434 - Aircraft Accidents............................................................................................... 256 436 - Field Training Officer Program........................................................................... 258 Table of Contents - 6 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual 440 - Photographing of Field Detainees..................................................................... 261 441 - Gang and Graffiti Suppression.......................................................................... 264 442 - Criminal Street Gangs....................................................................................... 266 444 - Shift Supervisors............................................................................................... 270 448 - Mobile Data Terminal Use.................................................................................. 271 450 - Use of Audio Recorders..................................................................................... 273 454 - Bicycle Patrol Unit.............................................................................................. 277 456 - Foot Pursuit....................................................................................................... 280 Chapter 5 - Traffic Operations..........................................................................284 500 - Traffic Function and Responsibility.................................................................... 285 501 - Motorcycle Patrol............................................................................................... 288 502 - Traffic Collision Reporting.................................................................................. 290 509 - Drug Recognition Expert ................................................................................... 292 510 - Vehicle Towing.................................................................................................. 293 512 - Vehicle Impound Hearings................................................................................. 296 514 - Impaired Driving Evidence Collection................................................................ 297 516 - Traffic Citations.................................................................................................. 301 520 - Disabled Vehicles.............................................................................................. 302 524 - Parked and Abandoned Vehicle Violations........................................................ 304 Chapter 6 - Criminal Investigations Division .................................................305 600 - Criminal Investigation Division........................................................................... 306 601 - Sexual Assault Victims' DNA Rights.................................................................. 308 603 - Polygraph Examinations................................................................................... 309 606 - Asset Forfeiture................................................................................................ 313 607 - Confidential Investigation Funds........................................................................ 316 608 - Confidential Informants...................................................................................... 319 609 - Electronic Tracking System.............................................................................. 325 610 - Eyewitness Identification................................................................................... 327 611 - Confidential Criminal Gang Files....................................................................... 330 Chapter7 - Equipment......................................................................................334 700 - Police Department and Personal Property........................................................ 335 701 - Automatic Vehicle Locater System................................................................... 337 704 - Vehicle Maintenance.......................................................................................... 339 706 - Vehicle Use........................................................................................................ 342 Chapter 8 - Records -Evidence -Animal Control .............................................345 800 - Crime Analysis................................................................................................... 346 801 - Records Retention Schedule............................................................................ 347 804 - Property and Evidence...................................................................................... 348 806 - Records Division Procedures............................................................................ 356 810 - Records Release and Security.......................................................................... 357 812 - Criminal History Record Information................................................................. 359 814 - Computers and Digital Evidence....................................................................... 364 Table of Contents - 7 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual 820 - Animal Control Procedures................................................................................ 368 821 - Dog Adoption..................................................................................................... 371 Chapter9 - Custody..........................................................................................373 902 - Custody Searches............................................................................................. 374 Chapter 10 - Personnel.....................................................................................376 1000 - Recruitment and Selection............................................................................... 377 1001 - Criminal Background Checks......................................................................... 384 1002 - Performance Evaluations................................................................................ 385 1003 - Address Confidentiality For Law Enforcement Officer ..................................... 386 1004 - Promotional and Transfer............................................................................... 387 1006 - Adverse Employment Action Appeal.............................................................. 393 1007 - Use of the Fitness Facility in the Police Department ...................................... 395 1009 - Military Leave.................................................................................................. 396 1010 - Reporting of Employee Convictions................................................................. 397 1011 -Workplace Violence......................................................................................... 398 1012 - Alcohol and Drug Use..................................................................................... 399 1013 - Death of Law Enforcement Officer & Death of Non -Sworn Employee ............. 409 1014 - Sick Leave Reporting....................................................................................... 415 1015 - Post Trauma Response................................................................................... 417 1016 - Communicable Diseases................................................................................. 418 1017 - Early Intervention System............................................................................... 425 1018 - No Smoking.................................................................................................... 427 1019 - Vacation.......................................................................................................... 428 1020 - Personnel Complaints...................................................................................... 430 1021 - Bereavement Leave........................................................................................ 451 1022 - Seat Belt Use.................................................................................................. 452 1023 - Family and Medical Leave.............................................................................. 454 1024 - Body Armor...................................................................................................... 455 1025 - Employee Identification/Prox Cards................................................................ 457 1026 - Officer Personnel Files.................................................................................... 458 1027 - Personnel Information...................................................................................... 461 1028 - Request for Change of Assignment................................................................. 462 1029 - Education Assistance...................................................................................... 463 1030 - Employee Commendations.............................................................................. 464 1034 - Meal Periods and Breaks................................................................................. 471 1035 - Lactation Break............................................................................................... 472 1036 - Time Card Procedures..................................................................................... 473 1038 - Overtime, On -Call and Emergency Call -Out Compensation .......................... 477 1040 - Secondary Employment................................................................................... 481 1043 - Hiring of On -Duty Officers by Private Parties ................................................. 486 1044 - Personal Appearance Standards..................................................................... 488 1046 - Uniform & Clothing Regulations....................................................................... 491 1050 - Nepotism......................................................................................................... 498 Table of Contents - 8 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual 1054 - Modified Duty Assignments............................................................................. 499 Table of Contents - 9 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Chapter 1 - Law Enforcement Authority Meridian Police Department Policy Manual Law Enforcement Authority 100.1 PURPOSE AND SCOPE Law enforcement officers are granted the authority to perform their function based on established legal authority. This department does not tolerate abuse of law enforcement authority. 100.2 PEACE OFFICER AUTHORITY The authority of certified full-time peace officers of the Meridian Police Department whose duties include and primarily consist of the prevention, investigation and detection of crime have the same authority when performing their assigned functions and duties outside the City when any of the following exist (Idaho Code 67-2337): (a) When a request for law enforcement assistance is made by another law enforcement agency. (b) When the officer has probable cause to believe a crime is occurring involving a felony or an immediate threat of serious bodily injury or death to any person. (c) When the officer is in fresh pursuit as defined in and pursuant to Chapter 7, Title 19, Idaho Code. (d) As authorized by this department pursuant to an existing mutual assistance compact with an outside jurisdiction. Officers of this department will not routinely perform law enforcement duties outside of the City limits except as approved by the Division Commander. 100.2.1 PEACE OFFICER POWERS OF ARREST An officer may make an arrest in obedience to a warrant, or may, without a warrant, make an arrest under any of the following circumstances (Idaho Code 19-603): (a) For a public offense committed or attempted in his/her presence. (b) When a person arrested has committed a felony, although not in his/her presence. (c) When a felony has in fact been committed and he/she has reasonable cause for believing the person arrested to have committed it. (d) On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested. (e) At night, when there is reasonable cause to believe that the suspect has committed a felony. (f) When upon immediate response to a report of a commission of a crime there is probable cause to believe that the person arrested has committed any of the following violations: 1. Idaho Code 18-901 (Assault) 2. Idaho Code 18-903 (Battery) 3. Idaho Code 18-918 (Domestic Assault or Battery) 4. Idaho Code 18-7905 (First Degree Stalking) 5. Idaho Code 18-7906 (Second Degree Stalking) Law Enforcement Authority - 11 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Law Enforcement Authority 6. Idaho Code 39-6312 (Violation of a Protection Order) 7. Idaho Code 18-920 (Violation of a No Contact Order) (g) When there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of a crime aboard an aircraft, that the person arrested has committed such a crime. 100.2.2 OTHER AUTHORITY Sworn members of this Department have Oregon peace officer authority whenever the officer enters Oregon in order to provide or attempt to provide specific law enforcement assistance and such assistance occurs no more than 50 miles from the Idaho border. Pursuant to Oregon law, such authority shall only apply when the officer has entered Oregon: (a) In response to a request for law enforcement assistance initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police. (b) In response to a reasonable belief that emergency law enforcement assistance is necessary to preserve life and circumstances make it impractical for Oregon law enforcement officials to formally request assistance. (c) For the purpose of assisting Oregon law enforcement officials with emergency assistance in response to criminal activity, traffic accidents, emergency incidents or other similar public safety situations, regardless of whether an Oregon law enforcement official is present at the scene of the incident. Whenever practicable, officers should seek permission from a department supervisor before entering Oregon to provide law enforcement services. As soon as practicable, officers exercising law enforcement authority in Oregon shall submit any appropriate written reports concerning the incident to the Oregon agency having primary jurisdiction over the area in which the incident occurred. Officers who enter Oregon to assist in such situations have no authority to enforce Oregon traffic or motor vehicle laws. 100.3 CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person's clearly established rights under the United States and Idaho Constitutions. 100.4 CHAIN OF COMMAND In order to become aware of what is expected of them and to promote efficiency and responsibility, employees should be accountable to only one supervisor. There are times when a supervisor has to give a command to an employee who is outside the chain of command. In ordinary circumstances, however, each employee should be able to identify one, and only one, supervisor to whom that employee is accountable. Therefore, the chain of command should be followed whenever possible. 100.4.1 ORDER OF RANK The following shall be a guideline for the order of rank for both sworn officers and non -sworn civilian positions: (a) Chief of Police Law Enforcement Authority - 12 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Law Enforcement Authority (b) Deputy Chief (c) Lieutenant (d) Sergeant/Records Supervisor (e) Corporal (f) Officer/Detective (g) Non -Sworn Employee (h) Volunteer Law Enforcement Authority - 13 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Cannon of Police Ethics 101.1 ARTICLE 1. PRIMARY RESPONSIBILITY OF JOB The primary responsibility of the police service, and of the individual officer, is the protection of the people of the United States through the upholding of their law, chief among these is the Constitution of the United States and its amendments. The law enforcement officer always represents the whole of the community and its legally expressed will and is never the arm of any political party or clique. 101.2 ARTICLE 2. LIMITATIONS OF AUTHORITY The first duty of law enforcement officers, as upholders of the law, is to know its bounds upon them in enforcing it. Because they represent the legal will of the community, be it local, state or federal, they must recognize the genius of the American system of government which gives nobody, groups of people, or institution, absolute power, and they must insure that they as a prime defender of that system, do not pervert its character. 101.3 ARTICLE 3. DUTY TO BE FAMILIAR WITH THE LAW AND WITH RESPONSIBILITIES OF SELF AND OTHER PUBLIC OFFICIALS The law enforcement officers shall assiduously apply themselves to the study of the principles of the laws, which they are sworn to uphold. They will make certain of their responsibilities in the particulars of their enforcement, seeking aid from their supervisors in matters of technicality or principle when these are not clear to them; they will make special effort to fully understand their relationship to other public officials, including other law enforcement agencies, particularly on matters of jurisdiction, both geographically and substantively. 101.4 ARTICLE 4. UTILIZATION OF PROPER MEANS TO GAIN PROPER ENDS The law enforcement officer shall be mindful of their responsibility to pay strict heed to the selection of means in discharging the duties of office. Violations of law or disregard for public safety and property on the part of an officer are intrinsically wrong, they are self-defeating in that they instill in the public mind a like disposition. The employment of illegal means, no matter how worthy the end, is certain to encourage disrespect for the law and its officers. If the law is to be honored, it must first be honored by those who enforce it. 101.5 ARTICLE 5. COOPERATION WITH PUBLIC OFFICIALS IN THE DISCHARGE OF THEIR AUTHORIZED DUTIES The law enforcement officer shall cooperate fully with other public officials in the discharge of authorized duties, regardless of party affiliation or personal prejudice. They shall be meticulous, however, in assuring themselves of the propriety, under the law of such actions and shall guard against the use of their office or person, whether knowingly or unknowingly, in any improper or illegal action. In any situation open to question, they shall seek authority from superiors, giving them a full report of the proposed service or action. 101.6 ARTICLE 6. PRIVATE CONDUCT The law enforcement officer shall be mindful of his special identification by the public as an upholder of the law. Laxity of conduct or manner in private life, expressing either disrespect for the law or seeking to gain special privilege, cannot but reflect upon the police officer and Cannon of Police Ethics - 14 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Cannon of Police Ethics the police service. The community and the service require that the law enforcement officer lead the life of a decent and honorable person. Following the career of a police officer gives nobody special perquisites. It does give the satisfaction and pride of following and furthering an unbroken tradition of safeguarding the American republic. The officer who reflects upon this tradition will not degrade it. Rather, they will so conduct their private life that the public will regard them as an example of stability, fidelity and morality. 101.7 ARTICLE 7. CONDUCT TOWARD THE PUBLIC The law enforcement officer, mindful of their responsibility to the whole community, shall deal with individuals of the community in a manner calculated to instill respect for its laws and its police service. The law enforcement officer shall conduct their official life in a manner such as will inspire confidence and trust. Thus, they will be neither over bearing nor subservient, as no individual citizen has an obligation to stand in awe of them nor a right to command them. The officer will give service where they can, and require compliance with the law. He will do neither from personal preference or prejudice but rather as a duly appointed officer of the law discharging their sworn obligation. 101.8 ARTICLE 8. CONDUCT IN ARRESTING AND DEALING WITH LAW VIOLATORS The law enforcement officer shall use powers of arrest strictly in accordance with the law and with due regard to the rights of the citizen concerned. Their office gives them no right to prosecute the violator nor to mete out punishment for the offense. They shall, at all times, have a clear appreciation of their responsibilities and limitations regarding detention of the violator; they shall conduct themselves in such a manner as will minimize the possibility of having to use force. To this end they shall cultivate a dedication to the service of the people and the equitable upholding of their laws whether in the handling of law violators or in dealing with the law abiding. 101.9 ARTICLE 9. GIFTS AND FAVORS The law enforcement officer, representing government, bears the heavy responsibility of maintaining, in their own conduct, the honor and integrity of all government institutions. He shall, therefore, guard against placing himself in a position in which any person can expect special consideration or in which the public can reasonably assume that special consideration is being given. Thus, they should be firm in refusing gifts, favors, or gratuities, large or small, which can, in the public mind, be interpreted as capable of influencing their judgment in the discharge of their duties. 101.10 ARTICLE 10. PRESENTATION OF EVIDENCE The law enforcement officer shall be concerned equally in the prosecution of the wrong doers and the defense of the innocent. He shall ascertain what constitutes evidence and shall present such evidence impartially and without malice. In so doing, they will ignore social, political and all other distinctions among the persons involved, strengthening the tradition of the reliability and integrity of an officer's word. The law enforcement officer shall take special pains to increase their perception and skill of observation, mindful that in many situations they are the sole impartial testimony to the facts of a case. 101.11 ARTICLE 11. ATTITUDE TOWARD PROFESSION The law enforcement officer shall regard the discharge of their duties as a public trust and recognize their responsibility as a public servant. By diligent study and sincere attention to self- improvement they shall strive to make the best possible application of science to the solution of crime, and in the field of human relationships, strive for effective leadership Cannon of Police Ethics - 15 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Cannon of Police Ethics and public influence in matters affecting public safety. They shall appreciate the importance and responsibility of their office, and hold police work to be an honorable profession rending valuable service to their community and country. Cannon of Police Ethics - 16 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chief Executive Officer 102.1 PURPOSE AND SCOPE The Idaho Peace Officer Standards and Training Council (POST) mandates that all peace officers employed within the State of Idaho shall receive certification by POST within the prescribed time periods (Idaho Code 19-5109 and 20-603). 102.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS Any chief executive officer of this department will obtain and maintain the certification requirements established by POST and outlined in Idaho Code 19-5109. The chief executive officer for the Meridian Police Department is the Chief of Police. Chief Executive Officer - 17 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Oath of Office 103.1 PURPOSE AND SCOPE Commissioned officers of this agency are sworn to enforce the law and uphold the Federal and Idaho State Constitutions, Idaho Code and Meridian City Ordinances. 103.1.1 OATH OF OFFICE Upon employment, all employees shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of an employee and officer of the Meridian Police Department. 103.1.2 OATH TAKEN AS I, (state name), do solemnly swear (or affirm) that I will support the Constitution of the United States, the Constitution and laws of the State of Idaho, and the laws and ordinances of the City of Meridian; that I will abide by the Law Enforcement Code of Ethics and the Policies and Procedures of the Meridian Police Department; that I will obey the lawful orders and directives of those appointed over me; and that I will, to the best of my of my ability, faithfully discharge the duties of the office of (employee title) in and for the City of Meridian, Idaho, so help me God." Oath of Office - 18 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Policy Manual 106.1 PURPOSE AND SCOPE The manual of the Meridian Police Department is hereby established and shall be referred to as The Meridian Police Department Policy Manual. The policy manual is a statement of the current policies, procedures, rules, and guidelines of this department. All employees are to conform to the provisions of this manual. All prior and existing manuals, orders, and regulations which are in conflict with this manual are revoked, except to the extent that portions of existing manuals, orders, and other regulations which have not been included herein shall remain in effect where they do not conflict with the provisions of this manual. Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized, however, that police work is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident. 106.1.1 DISCLAIMER The provisions contained in this policy manual are not intended to create an employment contract, nor any employment rights or entitlements. The policies contained within this manual are forthe internal use of the Meridian Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the city, its officials or employees. Violations of any provision of any policy contained within this manual shall only form the basis for departmental administrative action, training or discipline. The Meridian Police Department reserves the right to revise any policy content, in whole or in part. 106.2 RESPONSIBILITIES The ultimate responsibility for the contents of the manual rests with the Chief of Police. Since it is not practical for the Chief of Police to prepare and maintain the manual, the following delegations have been made: 106.2.1 CHIEF OF POLICE The Chief of Police shall be considered the ultimate authority for the provisions of this manual and shall continue to issue Special Orders which shall modify those provisions of the manual to which they pertain. Special Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 106.2.2 STAFF Command staff shall consist of the following: (a) Chief of Police (b) Deputy Chief (c) Lieutenants The staff shall review all recommendations regarding proposed changes to the manual at staff meetings. Policy Manual - 19 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Policy Manual 106.2.3 OTHER PERSONNEL All employees of this department suggesting revision of the contents of the Policy Manual shall forward their suggestion, in writing, to their Division Commander who will consider the recommendation and forward it to staff. 106.3 FORMATTING CONVENTIONS FOR THE POLICY MANUAL All written policies will have a header at the top of the page with the subject of the policy and the policy number. Each policy will begin with a purpose statement, a policy statement when appropriate, and then followed with the directive information of that subject. The published date of the document will be printed in the footer of each page. 106.3.1 ACCEPTABLE ABBREVIATIONS The following abbreviations are acceptable substitutions in the manual: (a) Special Orders may be abbreviated as SO (b) Policy Manual sections may be abbreviated as Section 106.or 106.0 106.3.2 DEFINITIONS The following words and terms shall have these assigned meanings, unless it is apparent from the content that they have a different meaning: Acting Chief- The individual designated to carry out duties in the Chiefs absence. The Acting Chief will have full authority to carry out the duties of the Chief of Police. Adult - Any person 18 years of age or older. CFR - Code of Federal Regulations Chief of Police- The Chief Executive and Administrative Head of the Police Department. City - The City of Meridian Commanding Officer- A ranking officer designated by the Chief of Police to supervise and command a particular unit, department or division. Department/MPD - The Meridian Police Department Employee/Personnel/Member-Any person who is employed or appointed by the Meridian Police Department, including sworn officers, reserve officers, non -sworn employees and volunteers. Gender of Words -Every attempt has been made to use the appropriate gender in reference to both male and female employees. Good Standing -Every member who is not on disciplinary probation, PIP or who has not had a disciplinary action above a verbal Counseling -Coaching Statement in the last 12 months is considered in good standing. Immediate Supervisor -An employee whose responsibilities include the direct supervision direction or control of another employee. ISP - The Idaho State Police. Policy Manual - 20 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Policy Manual ITD - The Idaho Transportation Department. Juvenile - Any person under the age of 18 years. Line Function- Functions within the department accomplishing the work for which the department exists and which make operational decisions to get the work done. May - Indicates a permissive, discretionary or conditional action. Non -sworn - Employees and volunteers who are not sworn peace officers. Off -Duty -Employee status during the period when he/she is not engaged in the performance of his/her assigned duties. Officer/Sworn/Peace Officer - Those employees, regardless of rank, who are sworn employees of the Meridian Police Department. On -Duty - Employee status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. Plurality of Words- The singular includes the plural and the plural includes the singular. Policy- A guide for making decisions that appear in written form. Policy Manual- The Meridian Police Department Policy Manual. POST - The Idaho Peace Officer Standards and Training Council. Practice- The usual mode of handling a given problem. Procedure- A system that describes, in detail, the steps to be taken in order to accomplish a job. Principle- A universal statement that remains true even when conflicting statements may be claimed to be valid. Rank - The job classification title held by an officer. Ranking Officer- Officers having the authority to carry out departmental policies and supervise the work of other members. Rule -A statement of precisely what is to be done (or not done) in the same way every time with no permitted deviation. Seniority- When a question of seniority may arise regarding who shall be in command, such seniority shall be determined by: (a) Rank (b) If members are of equal rank, by continuous length of service in that rank. (c) By position of the certified eligibility list when two or more members have been appointed to that rank on the same day. (d) When two or more officers are working together on the same assignment or detail and are of equal rank, seniority shall not be exercised except in an emergency Policy Manual - 21 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Policy Manual necessitating it. All members should strive to work together in harmony an in a spirit of cooperation rather than by authority or seniority. Shall or Will - Indicates a mandatory action. Shift Supervisor- Officer in charge of a shift or team within a section, usually a ranking officer such as a sergeant or a corporal. Should - Indicates advisory. Staff Functions- Personnel performing functions within the department that assists, supports, and/or plans for, and facilitates the operation of the line functions. Subordinate Officer- An officer of lesser rank. Such As- Indicates examples of representative types, classes or conditions. Superior Officer- An officer of higher rank. The ranks in the Meridian Police Department in descending order are: (a) Chief of Police (b) Deputy Chief (c) Lieutenant (d) Sergeant/Records Supervisor (e) Corporal (f) Officer/Detective (g) Non -Sworn (h) Volunteer Sworn Officer- Shall mean all "Peace Officers" regardless of rank or sex whether permanently or temporarily employed or severing an introductory period. Tense of Words- Words in the present tense include the future. USC - United States Code. Watch Commander- Shall mean the highest ranking supervisor on duty. 106.3.3 DISTRIBUTION OF MANUAL An electronic version of the Policy Manual will be made available to all employees on the department network operated by this department. The electronic version will be limited to the viewing and printing of specific sections. No changes shall be made to the electronic version without authorization. 106.4 POLICY MANUAL ACCEPTANCE As a condition of employment all employees are required to read and obtain necessary clarification of this department's policies. All employees shall sign a statement of receipt acknowledging that they have received a copy or have been provided access to the Policy Manual and that they acknowledge they must comply with the contents of the manual. Policy Manual - 22 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Policy Manual 106.4.1 POLICY REVISIONS All employees are responsible for keeping abreast of all Policy Manual revisions. Each employee shall acknowledge receipt by return email, review the revisions and seek clarification as needed. Each Division Commander will ensure that employees under his/her command are aware and acknowledged any changes to the Policy Manual in a timely manner. Policy Manual - 23 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 2 - Organization and Administration Organizational Responsibility Meridian Police Department Policy Manual Structure and 200.1 PURPOSE AND SCOPE The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. 200.1.1 ORGANIZATIONAL CHART 2012 Organizational Structure 771-7-1 ff off Off Dff D Lad 200.2 DIVISIONS The Chief of Police is responsible for administering and managing the Meridian Police Department. There are four divisions in the Meridian Police Department as follows: (a) Administration Division (b) Operations Division (c) Criminal Investigations Division (d) Community Services Division 200.2.1 ADMINISTRATION DIVISION The Administration Division is commanded by the Chief of Police whose primary responsibility is to provide general management direction and control for the Administration Division. The Administration Division consists of Special Projects Office, Command Staff and Administrative Assistant. Organizational Structure and Responsibility - 25 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Organizational Structure and Responsibility 200.2.2 OPERATIONS DIVISION The Operations Division is commanded by a Lieutenants whose primary responsibility is to provide general management direction and control for the Division. The Operations Division consists of Uniformed Patrol and Special Operations, which includes Traffic, Bike Patrols, Canine, Fleet, SWAT, and Police Aides/Assistants. 200.2.3 CRIMINAL INVESTIGATIONS DIVISION The Criminal Investigations Division is commanded by a Lieutenant whose primary responsibility is to provide general management direction and control for the Criminal Investigations Division. The Criminal Investigations Division consists of the Fraud Investigations, Property Investigations, Special Victims Investigations, Major Crime Investigations, Impact Team Investigations, Narcotics & Violent Crime Task Force Members, Evidence Technicians, Crime Scene Technicians and CID Assistant. 200.2.4 COMMUNITY SERVICES DIVISION The Community Services Division is commanded by a Lieutenant whose primary responsibility is to provide general management direction and control for the Community Services Division. The Community Services Division consists of Victim/Witness Unit, Code Enforcement Unit, Animal Control Unit, Crime Prevention, Crime Analysis, MADC Coordinator, Volunteer Coordinator, Adoption Coordinator and Substance Abuse Prevention Coordinator. 200.3 COMMAND PROTOCOL 200.3.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During planned absences the Chief of Police will designate the Deputy Chief of Police to serve as the acting Chief of Police. Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: (a) Deputy Chief (b) Lieutenant (As assigned by the Chief) (c) Sergeant (d) Corporal 200.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., K-9, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists. 200.3.3 ORDERS Each supervisory member shall inspire confidence and industriousness by personal example and by the use of tact in giving orders and in the correcting of mistakes. He/She should test the understanding of the instructions with care so that subordinates know in detail what they are to do and how to do it and, if desirable, the reasons therefore. Issuing authorities are as follows: Organizational Structure and Responsibility - 26 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Organizational Structure and Responsibility (a) General Orders- May only be issued by the Chief of Police to announce organization wide policies and procedures that are applicable for the indefinite future. (b) Special Orders- May only be issued by the Chief of Police to announce policies or direct procedures concerning a specific circumstance orevent, or policy or procedure, which is of a temporary or self -canceling nature, or involving only specific segments of activities. Special Orders may be rescinded by inclusion in policy or by Special Order noting such. (c) Personnel Orders- May be prepared only at the direction of the Chief of Police to announce appointment, assignment, transfer, promotion, restoration, termination, resignation or retirement. (d) Instructional Material- Are designed to be incorporated into various manuals should be approved by the Chief of Police or authorized Command Staff. (e) Memorandum- May be issued by the Chief of Police or other authorized Command Staff. (f) Shift Briefings -Are an integral part of any officers' tour of duty. Shift briefings are conducted for the purpose of providing officers with information regarding daily patrol activity, shift assignments and other needed information. Organizational Structure and Responsibility - 27 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Special Order 204.1 PURPOSE AND SCOPE Special Orders establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes to policy and procedure consistent with the current Memorandum of Understanding. Special Orders will immediately modify or change and supersede sections of this manual to which they pertain. 204.1.1 SPECIAL ORDER PROTOCOL Special Orders will be incorporated into the manual as required upon approval of Staff. Special Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing Special Orders have now been incorporated in the updated Policy Manual as of the below revision date. Any Special Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year. For example, 12-01 signifies the first Special Order for the year 2012. 204.2 RESPONSIBILITIES It is the responsibility of the Chief of Police and the Staff to ensure that all employees are made aware of Special Orders issued by the Chief of Police as soon as practical after the issuing of an order. The Staff shall see that all Special Orders are incorporated into the Policy Manual a minimum of once per calendar year and that all members are made aware of the changes. It is the responsibility of the member to research all Special Orders in a timely fashion especially after an absence from the work place. All members are responsible to know the content of the manual and to review changes as they occur. Failure of a member to review Special Orders and changes in Policy shall not be an excuse for violation of policy. 204.2.1 STAFF The staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a Special Order. 204.2.2 CHIEF OF POLICE The Chief of Police shall issue all Special Orders. 204.3 ACCEPTANCE OF SPECIAL ORDERS All employees are required to read and obtain any necessary clarification of all Special Orders. All employees are required to acknowledge the receipt and review of any new Special Order. Signed acknowledgment forms and/or e-mail receipts showing an employee's acknowledgment will be maintained by the Special Projects Office. Special Order - 28 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Training 208.1 PURPOSE AND SCOPE It is the policy of this department to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, this department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community. 208.2 PHILOSOPHY The Meridian Police Department seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, this department will use courses certified by the Peace Officer Standards and Training Council (POST). The department will provide a minimum of forty (40) hours of training to all sworn members every two years as required by POST. 208.3 OBJECTIVES The objectives of the Training Program are to: (a) Enhance the level of law enforcement service to the public. (b) Increase the technical expertise and overall effectiveness of our personnel. (c) Provide for continued professional development of personnel in this department. 208.4 TRAINING PLAN A training plan will be developed and maintained by the Special Projects Office. It is the responsibility of the Special Projects Office to maintain, review and update the training plan on an annual basis. The plan will address the following areas: (a) Legislative Changes (b) State Mandated Training (c) Prosecutor Mandated Training (d) Critical Issues Training (e) Department Mandated 208.5 TRAINING NEEDS ASSESSMENT The Special Projects Office will conduct an annual training -needs assessment of this department. The needs assessment will be reviewed by staff. Upon approval by staff, the needs assessment will form the basis for the training plan for the fiscal year. 208.6 TRAINING PROCEDURES (a) All employees assigned to attend training shall attend unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to: 1. Court appearances Training - 29 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Training 2. First choice vacation (Vacation approved prior to scheduled training) 3. Sick leave 4. Physical limitations preventing the employee's participation 5. Emergency situations (b) When an employee is unable to attend mandatory training, that employee shall: 1. Notify his/her supervisor as soon as possible, but no later than at least one day prior to the start of training. 2. Document his/her absence in a memorandum to his/her supervisor. 3. Make arrangements through his/her supervisor to attend an alternate date. (c) A department "block" training day shall constitute a minimum of 8 -hours (unless weather conditions poses a hazard to employees, heat, cold, rain, wind, lightning or fatigue etc.) and maximum of 10 hours to satisfy a work day. Anything less than 8 hours will be required to be made up during the employees scheduled work week. This rule is not meant to cover shift over -lap break-out training sessions or external training hosted by POST or other agencies. 208.6.1 TRAINING REQUEST All departmental employees may apply for outside specialized training. This shall be done with the submission of a department training request. The request form shall be submitted to the members sergeant or direct supervisor who shall approve or deny the request. The form shall then be given to a Division Lieutenant who will either deny or approve the request. Each official must state the reasons for approval or denial, on the form. The forms shall then go to the Special Projects Office who shall document the date of receipt and approve or deny the request. The Special Projects Office shall meet with those members designated by the Chief of Police to make a fair and appropriate determination of the approval or denial of training requests that require out of State travel or costs associated with the class are outside the norm. In the case of non -sworn members, the members immediate supervisor shall submit the request to the Special Projects Office, who shall document the date of receipt and shall sign the request form. Notification of the approval or denial shall be made to the member's supervisor for any schedule changes the training might mandate. DOCUMENTATION OF PARTICIPATION: Upon completion of a training class outside of the department, the department member shall submit to the Special Projects Office a copy of any certificate received. The Special Projects Office shall: (a) Place documentation of the training in the members training file. (b) Maintain records for all departmental initiated and sponsored classes. The Special Projects Office shall also continuously verify the reliability of outside training institution used to train Meridian Police Department members. (c) The Special Projects Office is responsible for providing yearly updates on training hours realized and any needs that were not met. (d) Enter the training information into the POST TRS tracking system. 208.7 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) are contained in a web -accessed system that provides training on the Meridian Police Department policy manual and other important Training - 30 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Training topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Special Projects Office. Personnel assigned to participate in DTBs shall only use login credentials assigned to them by the department. Personnel should not share their password with others and should frequently change their password to protect the security of the system. After each session, employees should log -off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the Department. Employees who are assigned to participate in the DTB program should complete each DTB at the beginning of their shift or as otherwise directed by their supervisor. Employees should not allow uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the DTB system can be accessed from any Internet active computer, employees shall only take DTBs as part of their on -duty assignment unless directed otherwise by a supervisor. Supervisors will be responsible for monitoring the progress of personnel under their command to ensure compliance with this policy. Training - 31 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Electronic Communications 212.1 PURPOSE AND SCOPE To provide guidelines regarding the authorized use of electronic mail (e-mail) on City computer systems. Employees are provided access to electronic mail (E-mail) forthe sole purpose of facilitating City operations and functions. Employees are to use E-mail strictly for business purposes as outlined within the policy. 212.1.1 AUTHORITY & RESPONSIBILITY Supervisors and Department Directors shall be responsible to ensure that primary employee use of e-mail is for business purposes. The Information Technology Department may also have authorization as directed by the Mayor, the employee's Department Director, the City Attorney, or the Human Resources Director to open and review e-mail to ensure compliance with this policy. Employee e-mail may be accessed in the performance of the duties of the member of the IT Division in setting up accounts, troubleshooting problems, maintenance of the system and similar job related duties 212.2 E-MAIL RIGHT OF PRIVACY All e-mail messages, including any attachments, that are transmitted over department networks are considered department records and therefore are the property of the department. The Meridian Police Department reserves the right to access, audit or disclose for any lawful reason, any message, including any attachment, that is transmitted over its e-mail system or that is stored on any department system. The e-mail system is not a confidential system and therefore is not appropriate for confidential communications. If a communication must be confidential, an alternative method to communicate the message should be used instead of e-mail. Employees using the department e-mail system shall have no expectation of privacy concerning communications transmitted over the system. Employees should not use personal accounts to exchange e-mail or other information that is related to the official business of the Department. 212.3 PROHIBITED USE OF E-MAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, and harassing or any other inappropriate messages on the e-mail system is prohibited and will not be tolerated and may result in discipline. E-mail messages addressed throughout the entire department are only to be used for official business related items that are of particular interest to all users and must be approved by a Sergeant or a Division Commander. Personal advertisements are not acceptable. It is a violation of this policy to transmit a message under another user's name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would minimize the misuse of an individual's e-mail, name and/or password by others. Electronic Communications - 32 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Electronic Communications 212.3.1 PROCEDURES AND RELATED INFORMATION Electronic mail is any electronic communication between two or more individuals and may contain any form or combination of text, audio, video, drawings, or photographic representation. (a) E-mail is a privilege, not a right. Electronic mail is a tool primarily for work-related communications. Although we recognize from time to time that it is used for personal correspondence, this purpose should be limited. Any personal e-mail is subject to the same rules and conditions in this policy as work related e-mail including the ability to be viewed by others to assure compliance with this policy. There is no privacy right of any kind for e-mail. Users have the responsibility to use this electronic mail in an efficient, effective, ethical and lawful manner. Electronic mail communications shall comply with all applicable federal, state and local laws and regulations, as well as the City's policies and procedures adopted regarding electronic mail. Electronic mail should be courteous and respectful to the recipients. (b) All electronic mail accounts maintained on City systems are the sole property of the City. The City shall have the right to monitor any employee's electronic mail account. All employees are required to report unauthorized or inappropriate use of any electronic mail account. Similarly, any unauthorized or inappropriate use(s) discovered during monitoring activities shall be reported to the appropriate supervisor for determination of appropriate action. (c) Users shall not expect their electronic mail communications, documents, or other information to be private and shall not use the electronic mail system for matters that are not intended for public disclosure. Confidential matters, permitted by law, shall be so marked and shall include a warning regarding accidental transmission to a third -party. (d) Electronic mail messages shall be considered City property, constitute official records of the City, and are subject to existing document retention and public records policies. Sending data via electronic mail shall be considered the same as sending correspondence or official memo or letterhead. (e) Employees shall not pursue, obtain, exchange, or distribute any non -authorized information that could cause congestion or disruption to electronic mail systems such as screen savers, audio or video clips, or in violation of any licensing agreement. (f) Employees using the City's web account via Microsoft Outlook may use it only to perform work for the City, and in connection with the employee's job. (g) Personal business should not be conducted using electronic mail, or other City resources. (h) Designated employees have been assigned a personal password. No employee shall give out this password to anyone other than his/her department head. Passwords may be changed to maintain security. (i) Employees shall not access another employee's electronic mail without authorization from both employees' manager/supervisors. 212.3.2 PROHIBITED USE OF ELECTRONIC MAIL Use of electronic mail system as described below is strictly prohibited. This list is not all-inclusive, and employees are expected to use common sense in determining appropriate use of electronic mail: (a) Knowingly or intentionally creating, publishing transmitting, and/or exchanging messages that are inappropriate, offensive, harassing, obscene, or threatening. Electronic Communications - 33 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Electronic Communications (b) Creating or distributing electronic mail containing defamatory, false, inaccurate, abusive, threatening, racially offensive or otherwise biased, discriminatory or illegal material. (c) Viewing or distributing obscene, pornographic, profane or sexually oriented material. (d) Violating laws, rules and regulations prohibiting sexual harassment. (e) Encouraging the use of controlled substances for criminal or illegal purposes. (f) Engaging in any activities for personal gain. (g) Distributing copyrighted information without permission. (h) Distributing advertisements for commercial enterprises, including but not limited to goods, services or property, unless such advertisements are part of requested vendor information to be used in carrying out City business. (i) Violating or infringing upon the rights of others. 0) Conducting business unauthorized by the City. (k) Transmitting incendiary statements, which might incite violence or describe or promote the use of weapons. (1) Conducting any non -City supported fund-raising or public relations activities. (m) Exchanging proprietary information, trade secrets, or any other privileged, confidential or sensitive information that is not authorized. (n) Creating or exchanging solicitations, chain letters, and other unsolicited electronic mail. (o) Registering to list servers unrelated to City business, without proper authorization. (p) Lobbying elected officials or engaging in any other political activity prohibited by law, or using the electronic mail system for any illegal purpose. (q) Using @meridian city.org, @ci.meridian.id.us or @cityofineridian.org mailing list aliases for the purpose of promoting an election campaign. (r) Sending unsolicited external commercial E-mail commonly referred to as spam. (s) Subscribing someone other than yourself to a mailing list. (t) Sending e-mail designed to damage the target system when executed or opened, for example, sending malicious programs or viruses attached to an e-mail. (u) Sending e-mail that is designed to cause confusion, consternation, fear, uncertainty, or doubt, such as fake virus warnings. Employee/users who receive information of the type described shall not forward or respond to the material, and shall immediately report receipt of such material to the employee's supervisor for proper disposition. 212.3.3 CITY-WIDE OR DEPARTMENT -WIDE E-MAILS City-wide e-mails are electronic communication through the City's e-mail system that is directed to all or almost all employees of the City. Department -wide emails are similar except for the direction of the e-mails to an individual department rather than to the City as a whole. Generally, employees are prohibited from sending City-wide or Department -wide e-mails. This prohibition shall also apply to replying to all recipients of an approved City-wide or Department -wide e-mail. Employees may be authorized to send e-mails of this nature under the following conditions: (a) The e-mail is authorized by the Director of the Department or the Mayor. Electronic Communications - 34 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Electronic Communications (b) The intent of the e-mail is to inform the greatest amount of employees with information that is directly related to City business or the promotion of a City program or event. (c) Any violations of this policy may result in disciplinary action up to and including termination. 212.4 MANAGEMENT OF E-MAIL Because the e-mail system is not designed for long-term retention of messages, e-mail that the employee desires to save or that becomes part of an official record should be printed and/or stored in another database. Users of e-mail are solely responsible for the management of their local mailboxes and local mailboxes should be purged manually by the user at least once per week. E-mail messages that contain information about Department business and records in other formats, are subject to audit, public records requests, and to legal processes such as discovery and subpoena. Business-related e-mails are government records and must be retained and managed for as long as they are needed for administrative, fiscal, legal or historical requirements. Classification, retention and destruction of all business-related e-mail sent or received by employees of the Meridian Police Department shall follow the guidelines set forth in the State of Idaho Records Management Guide, Appendix 7 and related state statutes (Idaho Code 50-907 or Idaho Code 31-871). The Records Supervisor shall be responsible for ensuring that e-mail classification, retention and destruction conforms to all pertinent guidelines and statutes. Electronic Communications - 35 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of City Fax, Copy Machine and Phones 213.1 PURPOSE AND SCOPE To outline specific guidelines regarding the use of City -owned equipment such as fax, copy machines and phones As per SOP 6.2, all City -owned equipment shall be used for the purpose of meeting the City's operational and business purposes. No unauthorized personal use of City equipment shall be allowed. 213.2 AUTHORITY & RESPONSIBILITY Supervisors and Department Directors are responsible to ensure that all City -owned equipment and resources within their areas of responsibility are used for business purposes. 213.3 PROCEDURES AND RELATED INFORMATION (a) General office equipment, fax machines, copy machines and other machines are to be used for business purposes. (b) Phones & Voice Mail. (c) The City's voice mail systems are designed to increase productivity and efficiency, and should be used accordingly. When using voice mail, employees are required to be courteous and respectful. (d) Passwords should be kept confidential. Department Directors may have a list of all employee passwords within the department. Passwords may be changed to maintain security. (e) The City may randomly monitor messages to determine whether any unauthorized persons are using the system, or whether any violations of City policy have occurred. Use of City Fax, Copy Machine and Phones - 36 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Administrative Communications 214.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies. 214.2 PERSONNEL ANNOUNCEMENTS Personnel announcements may be issued periodically by the Chief of Police or his designee to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status. 214.3 CORRESPONDENCE In order to ensure that the letterhead and name of this department are not misused, all external correspondence shall be on Meridian Police Department letterhead. All Meridian Police Department letterhead shall bear the name of the Chief of Police. Personnel should use Meridian Police Department letterhead only for official business and with approval of their supervisor. 214.4 SURVEYS All surveys made in the name of this department shall be authorized by the Chief of Police or designee. Administrative Communications - 37 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Supervision 215.1 PURPOSE AND SCOPE The foundation of the Meridian Police Department is the first-line supervisor. Supervisors are the medium by which the Police Department can move its mission forward. At the same time, they are at the center of personnel development, motivation, discipline, coaching, counseling and morale. Although supervisors are responsible to meet the needs of the Police Department, proper supervision also includes meeting the needs of the members. 215.2 SUPERVISION PHILOSOPHY In keeping with the principles of unity of command and chain of command, with the exception of the Chief, each member of the Police Department will have a supervisor. It is the duty of every supervisor to know whom he or she is supervising as well as the duty of every member to know who his or her supervisor is. Command Officers have authority to carry out policies and administer and supervise the work of various departments, divisions, teams or units of the Meridian Police Department. In the Chiefs of Police absence, the Deputy Chief of Police will assume command of the Meridian Police Department. Each member who has responsibility also has the commensurate authority needed to carry it out, and when practical, should have a voice in the formulation of procedures and practices surrounding that responsibility. First line supervisors are responsible to see that their assigned mission is fulfilled. First-line supervisors are also responsible for creating a supportive and cooperative work environment for their subordinates to work in. (a) Each supervisor shall, by actions, manner and attitude, promote understanding of all procedures essential to effective organizational control. (b) The supervisor is to convey the intent and spirit of orders and directives to subordinates. Each supervisor should have knowledge of a subordinates progress and assist by counseling, mentoring, advice, and direction. (c) The supervisor is a resource to assist subordinates with problems that affect the performance of their work as members of the Police Department. (d) The supervisor should act in a prompt, timely fashion in response to a subordinates problems. (e) A Division Commander assists the Chief in his executive command duties through planning, organization, preparedness, and control of his Division. The allocation of work within the Police Department is the responsibility of the respective Division Commanders. 215.2.1 DEFINITIONS (a) CHAIN OF COMMAND is the ascending or descending order of official communications within each division of the Police Department. The chain of command should adhere to unity of command principles. All official communications of the Police Department must adhere to the chain of command. The descending order in the line staff chain of command is as follows: Chief, Deputy Chief, Lieutenants, Sergeants, Corporals, Officers/Detectives, Non -Sworn Staff and Volunteers. Supervision - 38 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Supervision (b) UNITY OF COMMAND- means that each individual unit and situation is under the immediate control of one and only one person. The principle is that a member should be under the direct control of only one immediate supervisor. (c) DIRECT SUPERVISION- is the relationship between supervisors and their subordinates. A direct supervisor has the responsibility under normal conditions for such things as making work assignments, monitoring work performance, handling disciplinary matters, resolving questions and problems, forwarding communications up and down the chain of command, and ensuring the completion of routine administrative requirements relating to his or her subordinates. (d) FUNCTIONAL SUPERVISION- is the authority extended to a member to complete a specific task and to direct the actions of others who are not normally under his or her control to accomplish the task. Common circumstances in which an officer will have the authority and responsibility to exercise functional supervision are: primary officer on a call with assist units, committee chairperson, unit/team commander at the scene of a tactical operation, an officer assigned to investigate a specific scene and providing formal training to other members. (e) GENERAL AUTHORITY- means the authority to direct the actions of the Police Department is singularly inherent in the Office of Chief. The Chief shall have absolute command over all Meridian Police Department affairs and members. Authority delegated to supervisors is for the purpose of effectively delivering law enforcement services. The authority delegated to ranking members is not confined to their respective division, but includes supervision over all members as may be necessary. However, this authority over other members not assigned to them should be exercised with utmost discretion and only in periods of absolute need. In such event, the matter should be communicated to the immediate supervisor of the members involved without unnecessary delay. (f) GENERAL RESPONSIBILITIES- to facilitate proper supervision, responsibility that is equal with delegated authority is inherent with supervision. Members in supervisory positions are accountable for the actions of their subordinates. In the absence of the member's supervisor, every ranking member has the responsibility for any subordinate member's conduct. 215.2.2 EXERCISE OF AUTHORITY A superior shall sustain a subordinate when a subordinate is acting within his or her rights. The particular authority delegated or granted to ranking members is not confined to their respective Division but includes supervision over all members of this office as is necessary for efficient administration. This authority is to be exercised with utmost discretion. Superiors should avoid giving direct commands to personnel not assigned to their control except during periods of emergency. In such event, the matter is communicated to the immediate supervisor of the member involved without unnecessary delay. Whenever a member is temporarily reassigned from his or her normal assignment to another unit, Division, or supervisor, the member is responsible to ascertain who his or her immediate supervisor is and confirm the arrangement with that supervisor. A ranking member shall exercise his or her authority in the best interest of the Chief's Office. Such ranking members shall not unnecessarily countermand any orders of those below his or her rank or needlessly interfere with the specific duties of lower ranking members. Additionally, ranking members should not deliberately criticize directives, policies, orders, or instructions of superior members in the presence of subordinates. The supervisor should use, in most cases, tact in giving orders and correcting mistakes. A Supervision - 39 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Supervision subordinates understanding of instruction should be tested so that the subordinate will know in detail what is to be done, how to do it and, if desirable, the reasons therefore. When a supervisor must reprimand, correct, or counsel a subordinate, it should be done in private when practical. This is not to be construed to restrict normal duty assignments and instructions. 215.3 SENIORITY AND ORDERS When a question of seniority arises regarding who is in command in the absence of any established rank or appointed responsibility, such seniority shall be determined by the following: (a) If members are of equal rank, by continuous length of service in that rank, and (b) By position on the certified eligibility list when two or more members have been appointed to that rank on the same day. When two or more members are working together on the same assignment and detail and have equal rank, seniority is inapplicable except in an emergency necessitating it. All members should strive to work together in harmony and in a spirit of cooperation rather than by authority and seniority. 215.3.1 RESOLUTION OF PROBLEMS AND QUESTIONS Supervisors and members should strive to resolve problems and conflicts at the lowest possible level of the Police Department. Adherence to the principle of chain of command when possible allows optimum use of resources and personnel. All members will contact their supervisor when they have a question(s) about their duties or when they are unable to resolve problems or need advice. Supervisors shall attempt to resolve questions and problems as soon as possible at the level at which they are occurring. 215.3.2 CONFLICTING OR ILLEGAL ORDERS Members who are given an otherwise proper order, which is in conflict with a previous order, rule, regulation, or directive, shall inform the ranking member issuing the order of the conflict. If the ranking member, after being informed, does not alter or retract the conflicting order, it shall stand. Under these circumstances, the responsibility for the conflict shall be upon the ranking member. Members shall obey the conflicting order and shall not be held responsible for disobedience of the original order, rule, regulation, or directive. Members shall not obey any order which they know or should know would require them to commit any illegal act. If in doubt as to legality, members should request the issuing member to clarify the order through the chain of command. Supervision - 40 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Staffing Levels 217.1 PURPOSE AND SCOPE The purpose of this policy is to ensure adequate staffing and supervision to meet operational requirements for all shifts. The office intends to balance the member needs against the need to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is this office's need to meet operational requirements. 217.2 MINIMUM STAFFING LEVELS Minimum staffing levels shall be determined by the Division Commander(s) and can change depending on factors such as time of year, day of the week and special events. Staffing Levels - 41 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 3 - General Operations Meridian Police Department Policy Manual Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 411111AN 5]=IyIkiIIII IIs] 6'? Definitions related to this policy include Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained. Control: Techniques including physical force that are used to subdue a subject's resistant actions. These control techniques include: Hard Empty -Handed Control: Higher probability of injury. Intermediate Weapons: The application/use of any Department -approved weapon/object that is not part of the human body to control resistance or an assault. Officer Presence: The identification of police officer's authority, either by the uniformed presence or the verbal identification of being a police officer. Soft Empty -Handed Control: Minimal chance of injury. Verbal Direction: Commands of direction or arrest. Resistance: Actions which seek to evade an officer's attempts of control, directed from a subject towards an officer. Types of resistance include: Active Aggression: Physical actions or assaults against the officer or another person with less than deadly force (e.g., advancing, challenging, punching, kicking, grabbing, fighting stance, wrestling, etc.). Use of Force - 43 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Force Deadly Force Assaults: Any force used against an officer and/or another person that may result in great bodily harm or the loss of human life. Defensive: Any action by a subject that attempts to prevent an officer from gaining control of the subject. It is not an attack on the officer. Passive: Any type of resistance where the subject does not attempt to defeat the officer's attempt to touch or control him/her, but he/she still will not voluntarily comply with verbal and physical attempts of control (dead weight, does not react to verbal commands, etc.). Psychological Intimidation: Non-verbal cues indicating subject's attitude, appearance, and physical readiness. Verbal Non-compliance: Any verbal response indicating subject unwillingness to obey commands of detainment, arrest, or to stop unlawful or dangerous behavior. 300.2 DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law shall promptly report these observations to a supervisor. 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well -reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Officers executing a warrant or who have probable cause to believe that a person has committed an offense may use reasonable force to effect the arrest if the person either Use of Force - 44 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Force attempts to flee or forcibly resists the arrest. The arresting officer should make clear his/her intent to arrest the person before using force (Idaho Code 19-610). 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (a) Immediacy and severity of the threat to officers or others. (b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time. (c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The effects of drugs or alcohol. (e) Subject's mental state or capacity. (f) Proximity of weapons or dangerous improvised devices. (g) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (h) The availability of other options and their possible effectiveness. (i) Seriousness of the suspected offense or reason for contact with the individual. (j) Training and experience of the officer. (k) Potential for injury to officers, suspects and others. (1) Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. (m) The risk and reasonably foreseeable consequences of escape. (n) The apparent need for immediate control of the subject or a prompt resolution of the situation. (o) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (p) Prior contacts with the subject or awareness of any propensity for violence. (q) Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department -approved training. Officers utilizing any pain compliance technique should consider: (a) The degree to which the application of the technique may be controlled given the level of resistance. (b) Whether the person can comply with the direction or orders of the officer. (c) Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. Use of Force - 45 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Force 300.3.4 LATERAL VASCULAR NECK RESTRAINT The proper application of the LVNR control hold may be effective in restraining a violent or combative individual. However, due to the potential for injury, the use of the LVNR control hold is subject to the following: (a) The officer shall have successfully completed department -approved training in the use and application of the LVNR control hold. (b) The LVNR control hold may only be used when circumstances perceived by the officer at the time indicate that such application reasonably appears necessary to control a person in any of the following circumstances: The subject is violent or physically resisting. 2. The subject, by words or actions, has demonstrated an intention to be violent and reasonably appears to have the potential to harm officers, him/herself or others. (c) The application of a LVNR control hold on the following individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective, or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of applying a LVNR control hold: Females who are known to be pregnant 2. Elderly individuals 3. Obvious juveniles (d) Any individual who has had the LVNR control hold applied, regardless of whether he/she was rendered unconscious, shall be promptly examined by paramedics or other qualified medical personnel and should be monitored until examined by paramedics or other appropriate medical personnel. (e) The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to the LVNR control hold and whether the subject lost consciousness as a result. (f) Any officer attempting or applying the LVNR control hold shall promptly notify a supervisor of the use or attempted use of such hold. (g) The use or attempted use of the LVNR control hold shall be thoroughly documented by the officer in any related reports. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: (a) An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. (b) An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For Use of Force - 46 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Force example, an imminent danger may exist if an officer reasonably believes any of the following: 1. The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2. The person is capable of causing serious bodily injury ordeath without aweapon and it is reasonable to believe the person intends to do so. 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure or law. 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (a) The application caused a visible injury. (b) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c) The individual subjected to the force complained of injury or continuing pain. (d) The individual indicates intent to pursue litigation. (e) Any application of a TASER device or control device. (f) Any application of a restraint device other than handcuffs, shackles or belly chains. (g) The individual subjected to the force was rendered unconscious. (h) An individual was struck or kicked. (i) Use of a spit hood. (j) Use of lateral vascular neck restraint. (k) Use of Pepper Spray. (1) Use of impact weapon. (m) Canine apprehension (bite). (n) Leg Restraint Devices. Use of Force - 47 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Force 300.5.2 USE OF FORCE REPORTS (a) The "Use of Force Report" will be utilized when there is an actual Use of Force against any person. Use of Force includes the use of a tool such as, but not limited to: 1. A Baton or other impact weapon. 2. Spit Hood. 3. Pepper Spray or other aerosols. 4. Canine apprehension (Bite). 5. A TASERTM or other conducted energy weapon. 6. Less lethal munition rounds. Firearms use in which subject(s) are forced to comply with officers commands such as; prone, placed onto knees or forced to the ground. Display only of a firearm does not require a use of force report. (b) The use or implementation of a physical control technique such as, but not limited to: Strikes. 2. Pressure Points. 3. Control Handcuffing techniques. 4. Arm bars, or other techniques. 5. Lateral vascular neck restraint. 6. Forced to the ground. 7. Leg Restraint Devices. Soft empty hand techniques and standard handcuffing do not require a use of force report, but need to be documented in the officer's report. 300.6 MEDICAL CONSIDERATION Priorto booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on -scene supervisor, or if not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness Use of Force - 48 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Force to pain (sometimes called "excited delirium"), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. Officers should formulate a custody plan prior to making physical contact with the subject. Ensure sufficient resources are present and if possible, do not execute the custody plan until medical personnel arrive. Officers shall coordinate with on scene medical personnel to transfer custody of the subject to them for transportation to a medical facility. 300.7 SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b) Ensure that any injured parties are examined and treated (c) When possible, separately obtain a recorded interview with the subject upon whom the force was applied. If the interview happens, while the suspect is still in custody, the supervisor should determine, prior to the start of the interview, if the suspect has been given a Miranda warning and if the suspect has invoked. If the Miranda warning has already been given or the suspect has invoked, the supervisor should make it clear that the purpose of the interview is for administrative investigation only. If the interview is conducted without the person having voluntarily waived his or her Miranda rights, the following shall apply: 1. The content of the interview should not be summarized or included in any related criminal charges unless exculpatory information is obtained which needs to be disclosed to the prosecuting attorney. 2. The fact that a recorded interview was conducted should be documented in the use of force report and properly preserved like any other report. 3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. Alternatively, the supervisor may conduct an interview after the suspect has been properly arraigned by a judge, advised of his or her rights and is awaiting further case proceedings or has been released from custody. 300.7.1 SHIFT SUPERVISOR RESPONSIBILITY The Shift Supervisor shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. If a supervisor is involved in a use of force only a rank that is equal to or higher than the supervisor shall investigate the use of force. Use of Force - 49 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Incident Command System 301.1 PURPOSE AND SCOPE The Incident Command System (ICS) is a standardized on -scene emergency management concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries. The Meridian Police Department follows the National Incident Management System (NIMS) guidelines as defined by federal law and procedure. It is the responsibility of the member officer to stay current with NIMS and ICS training and requirements. 301.1.1 LIST OF ADDITIONAL RESOURCES (a) Definition of terms: http://training.fema.gov/EMIWeb/IS/ICSResource/Glossary.htm (b) Position descriptions and responsibilities: http://training.fema.gov/EMI Web/IS/ICSResource/PositionChecklists.htm (c) ICS job aides: http://training.fema.gov/EMIWeb/IS/ICSResource/JobAids.htm 301.2 EMERGENCY OPERATIONS CENTER (EOC) An EOC is a pre -designated facility established by an agency or jurisdiction to coordinate the overall agency or jurisdictional response and support to an emergency. Normally the EOC will be activated in the event of a large scale emergency such as a flood, earthquake, or large fire. The organization and function of an EOC is similar to the Incident Command System and includes management, operations, planning/intelligence, logistics, and finance/administration. The activation, physical size, staffing, and equipping of the EOC will be determined by the Ada County Emergency Operations Plan and the specific emergency situation. The EOC will be capable of serving as the central point for coordination of all the jurisdiction's emergency operations, information gathering and dissemination, and coordination with other local governments and the operational area. 301.3 PROCEDURE The Meridian Police Department will utilize the Incident Command System. For incidents involving police action, we will assume responsibility for the incident and will direct other agencies that may respond to assist. The Meridian Police Department will also utilize specialized law enforcement procedure and terminology called Field Operations and may use Specialty Response Teams. The following will be the Incident Management Objectives for the Meridian Police Department: (a) Reduce/minimize loss of life and property. (b) Care for injured and maintain public health. (c) Alleviate suffering and hardship. (d) Maintain law and order. (e) Restore essential services and provide vital resources to affected area. Incident Command System - 50 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Incident Command System (f) Provide for continuity of Government. (g) Provide the basis for subsequent recovery. 301.4 PRIORITIES OF LIFE Objectives will dictate the tactics used. The following Priorities of Life will establish a basis for incident objectives: (a) Innocents (b) HostagesNictims (c) Police Officers (d) Suspects (e) Property/Evidence 301.5 INCIDENT TYPES The Meridian Police Department classifies incidents into five different types. Incidents are classified by level of complexity such as Type 1 Incidents are the most complex with requiring national resources. Type 2 Incidents have multiple operational periods and require out of area and or regional resources. Type 3 Incidents require local resources and generally only have limited operational periods. Type 4 Incidents require limited local resources with a brief operational period. Type 5 incidents are the most basic incidents that can be handled with one or two resources. Classification. Officer Involved Critical Incidents will have the additional requirement of activating the Critical Incident Task Force protocol and procedures. 301.6 TYPE 1 INCIDENT A "Type 1" incident is the most complex, requiring national resources to safely and effectively manage and operate. A "Type 1" incident is a single incident such as a terrorist act, large scale riot, Nuclear/Biological/Chemical (NBC) release, earthquake, flood, or a combination of incidents that is of a magnitude or complexity that a unified or area command structure, and/or Emergency Operations Center (EOC) activation is required. A "Type 1" incident assumes that "Type 2" incident criteria have been met and surpassed, or that there are multiple lower complexity incidents that require overall coordination. Typical conditions in such cases may include, but are not limited to: (a) All Command and General Staff positions are activated. (b) Operations personnel often exceed 500 per operational period and total personnel will usually exceed 1,000. (c) Branches need to be established. (d) The agency administrator will have briefings, and ensure that the complexity analysis and delegation of authority are updated. (e) Use of resource advisor's at the incident base is recommended. (f) There is a high impact on the local jurisdiction, requiring additional staff for office administrative and support functions. The Incident Commander or Meridian Police Department representative to the Unified Command shall be a Lieutenant or higher in rank. The name and/or unit number of the Incident Command System - 51 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Incident Command System Incident Command or Meridian Police Department representative will be broadcast to all assigned units. 301.7 TYPE 2 INCIDENT A "Type 2" incident extends beyond the capabilities of local control and is expected to go into multiple operational periods. A "Type 2" incident may require the response of resources from out of the area, including regional and/or national resources, to effectively manage the operations, command, and general staffing. A 'Type 2" incident assumes that 'Type 3" incident criteria have been met, requires that an outer perimeter be established, and may require the activation of assisting agencies, establishment of staging areas, etc. Examples include a hostage situation, barricaded subjects, and deadly force situations. Any critical incident or any tactical situation that requires activation of a Specialty Response Team is automatically a "Type 2" incident. Typical conditions may include, but are not limited to: (a) Most or all of the Command and General Staff positions are filled. (b) A written Incident Action Plan (IAP) is required for each operational period. (c) Many of the functional units are needed and staffed. (d) Operations personnel normally do not exceed 200 per operational period, and total incident personnel do not exceed 500 (guidelines only). (e) The agency administrator is responsible for the incident complexity analysis, agency administrator briefings, and the written delegation of authority. The Incident Commander or Meridian Police Department representative to the Unified Command shall be a Lieutenant or higher in rank. The name and/or unit number of the Incident Command or Meridian Police Department representative will be broadcast to all assigned units. 301.8 TYPE 3 INCIDENT A "Type 3" Incident Management Team (IMT) or incident command organization manages initial attack incidents with a significant number of resources, an extended attack incident until containment/control is achieved, or an expanding incident until transition to a 'Type 1 or 2" team is possible. When capabilities exceed initial attack, the appropriate ICS positions should be added to match the complexity of the incident. Examples of a 'Type 3" incident include: A situation in which a crime has been committed, a specific crime scene needs to be protected and investigated, and multiple officers are assigned such as a homicide, suicide, armed robbery, or shots fired incident. A 'Type 3" incident will be contained and resolved within the inner perimeter and no outer perimeter will be required. A noncriminal public safety situation that requires the assignment and coordination of multiple units. Examples include a major accident or icing on the Interstate which requires stopping and/or rerouting traffic over a broad geographical area. Typical conditions may include, but are not limited to: (a) Some or all of the Command and General Staff positions may be activated, as well as Section/Group Supervisor and/or Unit Leader level positions. (b) The incident may extend into multiple operational periods. (c) A written IAP may be required for each operational period. The Incident Commander shall be a Sergeant or higher in rank. The name and/or unit number of the Incident Commander will be broadcast to all assigned units. Incident Command System - 52 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Incident Command System 301.9 TYPE 4 INCIDENT A "Type 4" incident is a situation that includes an existing or potential threat to life or property which requires a multiple unit response. Examples include a family fight, medical assist, 1050 PI, and loud parties. Typical conditions may include, but are not limited to: (a) Command staff and general staff functions are activated only if needed. (b) Several resources are required to mitigate the incident. (c) The incident is usually limited to one operational period in the control phase. (d) The agency administrator may have briefings, and ensure the complexity analysis and delegation of authority are updated. (e) No written Incident Action Plan (IAP) is required, but a documented operational briefing will be completed for all incoming resources. (f) The role of the agency administrator includes operational plans including objectives and priorities. The Incident Commander may be an Officer, Corporal or Sergeant. The name and/or unit number of the Incident Commander will be broadcast to all assigned units. 301.10 TYPE 5 INCIDENT A "Type S' incident can be handled with one or two single resources with up to six personnel. Examples include a vehicle fire, an injured person, or a police traffic stop. Typical conditions may include, but are not limited to: (a) Command and General Staff positions (other than the Incident Commander) are not activated. (b) No written Incident Action Plan (IAP) is required. (c) The incident is contained within the first operational period and often within an hour to a few hours after resources arrive on scene. The Incident Commander will be the primary responding Officer Incident. Incident Command System - 53 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Interview Rooms 305.1 PURPOSE AND SCOPE The hard and soft interview rooms of the Meridian Police Department are considered secure areas and are open to only those personnel who have been granted access. 305.2 DEFINITIONS Hard Interview Rooms: These are rooms that are primarily used to interview in -custody suspects. There are two hard interview rooms attached to CID and two hard interview rooms attached to the Patrol Division. These rooms may also be used for interviewing witnesses and victims for investigative purposes as needed. Soft Interview Rooms: These rooms will primarily by used for interviewing victims and witnesses. There are two soft interview rooms attached to the main lobby. The rooms may also be used for interviewing suspects that are not in -custody but the interviewing officer(s) should consider all relevant officer safety and/or flight issues depending on the type of offense and/or the suspects criminal history. 305.3 IN -CUSTODY SUBJECTS Officers who transport any in -custody subject into the hard interview rooms in CID or Patrol shall: (a) Use the stairs at the south end of the building or elevator at the north end of the building. (b) Ensure a thorough search has been conducted. (c) Ensure any contraband and all dangerous items have been removed from the suspect prior to entry into the hard interview area. (d) Any use of stairs shall require a two officer escort with officers physically controlling the prisoner for safety. (e) Prior to placing an in -custody suspect into an interview room, all possessions shall be removed from the suspects person. All property will be returned to the subject upon their release or turned over to the jail at time of booking. 305.4 VOLUNTARY SUBJECTS Any person suspected of a crime and who voluntarily comes in to be interviewed by an officer will be met in the lobby. Prior to entry into the secure area of the building the person will be searched. Those persons who will not submit to such a search shall not be allowed access into the facility. All persons shall be escorted by an officer at all times while in the facility. For voluntary interviews of suspects/victims/witnesses it is recommended detectives/officers use the soft interview rooms, as applicable, located off the lobby. All security measures shall apply. Should it be necessary to conduct the interview in the secure section of the building (CID hard interview area, in patrol or polygraph area), the interviewee shall be escorted by a sworn officer. Interview Rooms - 54 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Interview Rooms 305.5 SEARCH OF INTERVIEW ROOMS Prior to any person being placed in an interview room pending an interview, the interview room will be searched to ensure nothing that can be used by the person to harm him or herself or others is present. When the interview is completed and the person removed from the interview room, it shall be searched again. 305.6 MONITORING OF SUSPECTS IN INTERVIEW ROOMS OR IN REST ROOMS Suspects who are placed in the hard or soft interview rooms shall be monitored at all times. The primary officer/detective shall assign an officer to this duty. The officer assigned monitoring responsibility shall: (a) Monitor the suspect at all times, even during the interview, for officer safety, by way of the video monitor in the patrol room or through the one way viewing port in the interview room equipment office. (b) Contact the suspect every 30 minutes to ensure they are not in distress. (c) Ensure water is offered to the suspect in a paper or styrofoam cup. No hot liquids will be given to in -custody suspects. (d) Afford the suspect reasonable opportunity to use the restroom. The restrooms shall be checked for contraband/weapons prior to and after the suspects use of it. Any in -custody suspect shall be monitored at all times with the door open and by a person of the same gender unless no officer of the same gender is on duty. Interview Rooms - 55 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Restraint Devices 306.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 306.2 POLICY The Meridian Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy and department training. Restraint devices shall not be used to punish, to display authority or as a show of force. 306.3 USE OF RESTRAINTS Only members who have successfully completed department -approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include, but are not limited to: (a) The circumstances or crime leading to the arrest. (b) The demeanor and behavior of the arrested person. (c) The age and health of the person. (d) Whether the person is known to be pregnant. (e) Whether the person has any other apparent disability. 306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to handcuff an individual who may, after subsequent investigation, be released prior to arrest. Such a situation is considered a detention, rather than an actual arrest. Unless it is determined that a detainee is to be arrested, the use of handcuffs on detainees should continue for only as long as is reasonably necessary to assure the safety of officers and others. Officers should continuously weigh the safety interests at hand against the intrusion upon the detainee when deciding to remove handcuffs from a detainee. When an individual is handcuffed and released without an arrest, a written report of the incident shall be made to document the details of the detention and need for use of handcuffs. 306.3.2 RESTRAINT OF PREGNANT PERSONS No arrestee who is in labor shall be handcuffed or restrained by the wrists, ankles or both unless it is reasonably necessary for the safety of the arrestee, officers or others. 306.3.3 RESTRAINT OF JUVENILES STATUS OFFENSES & CRIMINAL OFFENSES While inside the police station a juvenile charged with or suspected of only a status offense shall not be locked in a room or cell for any period of time. If the juvenile needs to be left alone, the door to the room they are located in shall remain unlocked or open. Restraint Devices - 56 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Restraint Devices While inside the police station, a juvenile charged with a criminal offense, may be locked in a cell or room, but shall not be locked therein for a period of more than 6 hours. No juvenile, regardless of the offense shall be hand -cuffed to a cuffing bar or other permanent/stationary fixture. While transporting juveniles in a police vehicle, if appropriate, the juvenile shall be handcuffed in accordance with the handcuffing policy for adults suspects and detainees. kill* � kl[+i112NL•�1N]lk1' Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the officer reasonably believes would be potential safety concerns or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail. 306.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's hands to ensure officer safety. In most situations handcuffs should be applied with the hands behind the person's back. The handcuffs will be double locked and checked for tightness, and the officer will then list in their report that they have in fact double locked the handcuffs and checked them for tightness. In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may cause unreasonable discomfort due to the person's size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility. 306.5 APPLICATION OF SPIT HOODS/MASKS/SOCKS Spit hoods/masks/socks are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others. Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and that the restrained person can breathe normally. Officers should provide assistance during the movement of restrained individuals due to the potential for impaired or distorted vision on the part of the individual. Officers should avoid co -mingling individuals wearing spit hoods with other detainees. Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed and discarded. Persons who have been sprayed with Restraint Devices - 57 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Restraint Devices oleoresin capsicum (OC) spray should be thoroughly decontaminated including hair, head and clothing prior to application of a spit hood. Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. A second officer shall assist with the transport and monitoring of any persons in which a spit hood was placed. Spit hoods shall be discarded after each use The use of a spit hood will be documented in the officer's arrest report, to include reason for use. Officer's will take all necessary precautions to prevent themselves from being exposed to bodily fluids/pathogens. 306.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort and mobility. Only department -authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary. 306.7 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Department shall be used. In determining whether to use the leg restraint, officers should consider: (a) Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a suspect. (b) Whether it is reasonably necessary to protect the suspect from his/her own actions (e.g., hitting his/her head against the interior of the patrol unit, running away from the arresting officer while handcuffed, kicking at objects or officers). (c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol unit). 306.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints the following guidelines should be followed: (a) If practicable, officers should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. (b) Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (c) Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and should not be placed on his/her stomach for an extended period, as this could reduce the person's ability to breathe. Restraint Devices - 58 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Restraint Devices (d) The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on his/her stomach. (e) During transport a restrained person shall be monitored by a second officer. During hours of darkness, an internal light source should be used if needed. (f) The officer should look for signs of labored breathing, skin color, level of consciousness and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (g) If any abnormalities are observed or there is any doubt regarding the prisoner's condition during transport, stop the vehicle, remove the restraints and call for paramedics. (h) When transported by ambulance/paramedic unit, the restrained person shall be accompanied by an officer when requested by medical personnel. The transporting officer should describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). 306.8 REQUIRED DOCUMENTATION If an individual is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints in a written report. If an individual is arrested, the use of restraints other than handcuffs shall be documented in the related report. The officer should include, as appropriate: (a) The amount of time the suspect was restrained. (b) How the suspect was transported and the position of the suspect. (c) Observations of the suspects behavior and any signs of physiological problems. (d) Any known or suspected drug use or other medical problems. 306.9 SUPERVISOR RESPONSIBILITIES The Shift Supervisor shall respond to the scene or the medical facility when a restrained prisoner has been injured or is otherwise in need of medical attention. Restraint Devices - 59 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Domestic Violence -Sworn Officers 307.1 PURPOSE AND SCOPE To provide guidance and direction in addressing incidents of reported Domestic Violence involving members of the Meridian Police Department or officers of other agencies. 307.2 DUTY OF OTHER MEMBERS TO REPORT Any member of the Meridian Police Department who is charged with a violation of Idaho Code 39-6303 or 18-918 is required to immediately report such charge to his immediate supervisor. The supervisory officer shall make an immediate verbal notice, followed by written notification of such charge to the Chief of Police. Members who disclose to any other member of the department that they have personally engaged in domestic violence are not entitled to confidentiality. The report of such criminal conduct must be treated as an admission of a crime and shall be investigated both criminally and administratively. 307.3 DOMESTIC VIOLENCE PROTECTION ORDERS After a court hearing in which a member receives actual notice, and at which the member had the opportunity to participate, and the court holds that a credible threat exists, the member shall be treated in the same manners as if they had been convicted of Domestic Violence and shall be precluded from continuing in their position as a sworn police officer for the City of Meridian. 307.4 CONVICTION OF DOMESTIC VIOLENCE Conviction for the offense of domestic violence precludes a member from continuing in their position as a sworn police officer for the City of Meridian. Federal law precludes the convicted member from continued possession of, or carrying a firearm. The reporting of the conviction to the Idaho Peace Officers Standards and Training Council will result in the revocation of the members Peace Officer status in Idaho. In either situation the conviction of Domestic Violence shall be considered as an automatic dis-qualifier for continued employment with the Meridian Police Department. Upon conviction for Domestic Violence, or the issuance of a prohibitive protection order by a court of competent jurisdiction, the member shall be required to immediately notify their immediate supervisor. The member shall turn in all department equipment, identification, keys, proximity cards and any and all other equipment belonging to the Meridian Police Department. 307.5 SUPERVISORY DUTIES Supervisors have a duty to report demonstrations of inappropriate, aggressive behaviors while conducting police business. They shall proactively inquire about all on-off duty member injuries. 307.6 MEMBER RESPONSIBILITIES Members with definitive knowledge of abuse and/violence involving fellow members shall report such information, in a timely manner, to their supervisor. Failure to do so will subject the member to investigation, disciplinary action, and possible sanction or criminal charges. Domestic Violence -Sworn Officers - 60 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Domestic Violence -Sworn Officers (a) Members who engage in threatening, harassing, stalking, surveillance or other such behavior designed to interfere with a case against a fellow member or intimidate witnesses will be subject to investigation, disciplinary action, and possible sanction and/or criminal charges. (b) Members who fail to cooperate with the investigation of a member domestic violence case will be subject to investigation, and possible disciplinary action and/or criminal charges. (c) Any member who falsely reports that a victim, of a member involved domestic violence, has committed a crime will be subject to investigation, and possible disciplinary action and/or criminal charges. (d) Any member who is subject of a criminal investigation, protective or restraining order related to domestic violence, regardless of jurisdiction, is required to report him/herself to his/her supervisor and provide the court dates, times, appearances, and proceedings in a timely manner. 307.7 PATROL RESPONSE Upon arrival on the scene of a domestic violence call incident involving a department member or any officer regardless of their jurisdiction, the primary patrol unit shall immediately notify dispatch and request a supervisor be sent to the scene, regardless of the involved officer's jurisdiction. 307.8 SUPERVISORY RESPONSIBILITIES A supervisor shall report to the scene of all officer involved domestic violence situations, regardless of the involved officer's jurisdiction (County, City, State, Federal). (a) In cases where probable cause exists, the on -scene supervisor shall ensure an arrest is made. (b) If the offender has left the scene the supervisor shall ensure that a search is conducted, and that an arrest warrant is obtained. (c) The supervisor shall ensure that a thorough and complete investigation is made and an arrest of the primary aggressor is made in accordance with Idaho Law. (d) If an officer is arrested, the supervisor shall relieve the accused officer of his/her service weapon regardless of whether the officer is a member of the responding department. The on -scene supervisor can summon a supervisor from the officer's respective jurisdiction to the scene and relieve the officer of his/her service weapon if practical. (e) If a police officer domestic violence call does not result in an arrest, the on -scene supervisor shall submit a written report explaining any and all reasons why an arrest was not made or a warrant sought. (f) The responding supervisor shall notify the Division Commander, who will notify the Deputy Chief. The Meridian Chief of Police or his designee shall notify the accused officers department. (g) In the event a Chief of Police is involved the supervisor shall immediately notify the Meridian Chief of Police who shall notify the government administrator who has direct oversight of that Chief of Police. As an example, in Meridian, the Mayor. Domestic Violence -Sworn Officers - 61 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Domestic Violence -Sworn Officers 307.9 AGENCY RESPONSIBILITY All members must know that information concerning such incidents is only shared on a need -to -know basis. Violations of confidentiality shall be treated as a violation of the Code of Conduct. 307.10 SERVICE OF WARRANTS Arrest warrants charging police officers with Domestic Violence or Civil Protection Orders issued at a later time shall be served by no fewer than two officers with at least one being of senior rank to the officer being served. 307.11 POST INCIDENT ADMINISTRATIVE AND CRIMINAL DECISIONS The Meridian Police Department shall conduct a separate administrative investigation of all members involving reports of domestic violence. Administrative action shall be taken separate and distinct from any criminal proceedings. This investigation and its outcome will not be dependent on the outcome of the criminal proceedings. Where sufficient information exists, the department shall take immediate administrative action to intervene, which can include removal of badge, removal of weapons, reassignments, administrative leave with or without pay, or termination. If the victim reports any subsequent or additional criminal activity, each incident shall be documented separately, assigned a new IA number, and investigated thoroughly by the Special Projects Office. A separate criminal investigation of each occurrence shall also be undertaken. Domestic Violence -Sworn Officers - 62 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Control Devices and Techniques 308.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 308.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Meridian Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 308.3 ISSUANCE AND CARRYING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed department -approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. Officers shall receive initial training for all control devices and annual refresher training. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If An officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. 308.4 RESPONSIBILITIES 308.4.1 RANGEMASTER RESPONSIBILITIES The Rangemaster shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the Rangemaster or the designated instructor for a particular control device. The inspection shall be documented. 308.5 IMPACT WEAPONS GUIDELINES The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. All uniformed personnel shall carry either carry either a PR -24, Straight Stick, Collapsible Baton or a Taser and shall carry the device in its holster on the equipment belt. Control Devices and Techniques - 63 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Control Devices and Techniques Plainclothes and non -field personnel may carry an impact weapon as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 308.6 OLEORESIN CAPSICUM (OC) GUIDELINES 308.6.1 OC SPRAY All uniformed personnel are required to carry OC spray and shall carry the device in its holster on the equipment belt. Plainclothes and non -field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 308.6.2 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly removed from the contaminated area and may be provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 308.7 KINETIC ENERGY PROJECTILE GUIDELINES This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. 308.7.1 DEPLOYMENT Only department -approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officer takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. (b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. (d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. 308.7.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider such factors as: (a) Distance and angle to target. (b) Type of munitions employed. (c) Type and thickness of subject's clothing. Control Devices and Techniques - 64 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Control Devices and Techniques (d) The subject's proximity to others. (e) The location of the subject. (f) Whether the subject's actions dictate the need for an immediate response and the use of control devices appears appropriate. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed. Officers should keep in mind the manufacturer's recommendations and their training regarding deployment distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. 308.7.3 SAFETY PROCEDURES 37/40mm kinetic energy projectile launchers will be utilized with department approved munitions. Shotguns designated for the use of kinetic energy projectiles will be specially marked as such. Only department approved and authorized weapons and munitions will be deployed for use in the field. The Remington 870 12 gauge pump action shotgun with high visibility orange stocks, will be carried in an unloaded condition and stored in a hard case with the kinetic energy projectiles. The case will be carried in the shift supervisor's car or a car authorized for such by the shift supervisor. At least one weapon and its munitions will be available for deployment in the field on each shift. When a circumstance dictates the deployment of a kinetic energy projectile in the field, the weapon will be loaded in the presence of another officer. Each munition will be checked by the weapons firing officer and the witness officer to confirm it is a kinetic energy projectile. Officers carrying these shotguns will inspect the shotgun at the beginning of each shift to ensure that it is in proper working order and loaded only with approved projectiles. 308.8 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy. Control Devices and Techniques - 65 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Conducted Energy Device Guidelines 309.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of the TASERTm device. 309.2 POLICY The TASER device is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device should result in fewer serious injuries to officers and suspects. 309.3 ISSUANCE AND CARRYING THE TASER DEVICE Only members who have successfully completed department -approved training may use and carry the TASER device. Officers shall only use the TASER device and cartridges that have been approved by the Department. Uniformed officers who use the TASER device shall wear the device in an approved holster on their person. When carried while in uniform, officers shall carry the TASER device in a weak -side holster on the side opposite the duty weapon: (a) All TASER devices shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device. (b) Officers shall be responsible for ensuring that the TASER device is in good working order. (c) Officers shall not hold both a firearm and the TASER device at the same time. 309.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the TASER device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to: (a) Provide the individual with a reasonable opportunity to voluntarily comply. (b) Provide other officers and individuals with a warning that the TASER device may be deployed. The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the TASER device in the related report. 309.5 USE OF THE TASER DEVICE The TASER device has limitations and restrictions requiring consideration before its use. The TASER device should only be used when its operator can safely approach the subject within the operational range of the device. Although the TASER device is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. Conducted Energy Device Guidelines - 66 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Conducted Energy Device Guidelines 309.5.1 APPLICATION OF THE TASER DEVICE The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person: (a) The subject is violent or is physically resisting. (b) The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the TASER device to apprehend an individual. 309.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the TASER device on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes: (a) Individuals who are known to be pregnant. (b) Elderly individuals or obvious juveniles. (c) Individuals with obviously low body mass. (d) Individuals who are handcuffed or otherwise restrained. (e) Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol -based oleoresin capsicum (OC) spray. (f) Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles). Because the application of the TASER device in the drive -stun mode (i.e., direct contact without probes) relies primarily on pain compliance, the use of the drive -stun mode generally should be limited to supplementing the probe -mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions. The TASER device shall not be used to psychologically torment, elicit statements or to punish any individual. 309.5.3 TARGETING CONSIDERATIONS Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the TASER device probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel. 309.5.4 MULTIPLE APPLICATIONS OF THE TASER DEVICE Officers should apply the TASER device for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the TASER device against a single individual are generally not recommended and should be avoided Conducted Energy Device Guidelines - 67 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Conducted Energy Device Guidelines unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications. If the first application of the TASER device appears to be ineffective in gaining control of an individual, the officer should consider certain factors before additional applications of the TASER device, including: (a) Whether the probes are making proper contact. (b) Whether the individual has the ability and has been given a reasonable opportunity to comply. (c) Whether verbal commands, other options or tactics may be more effective. Officers should generally not intentionally apply more than one TASER device at a time against a single subject. 309.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers shall notify a supervisor of all TASER device discharges. 309.5.6 DANGEROUS ANIMALS The TASER device may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. 309.5.7 OFF-DUTY CONSIDERATIONS Officers are not authorized to carry department TASER devices while off-duty. 309.6 DOCUMENTATION Officers shall document all TASER device discharges in the related arrest/crime report. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, and laser activation will also be documented on the report form. 309.6.1 REPORTS The officer should include the following in the arrest/crime report: (a) Identification of all personnel firing TASER devices (b) Identification of all witnesses (c) Medical care provided to the subject (d) Observations of the subject's physical and physiological actions (e) Any known or suspected drug use, intoxication or other medical problems 309.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove TASER device probes from a person's body. Used TASER device probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken. All persons who have been struck by TASER device probes or who have been subjected to the electric discharge of the device shall be medically assessed prior to booking. Conducted Energy Device Guidelines - 68 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Conducted Energy Device Guidelines Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: (a) The person is suspected of being under the influence of controlled substances and/or alcohol. (b) The person may be pregnant. (c) The person reasonably appears to be in need of medical attention. (d) The TASER device probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck). (e) The person requests medical treatment. Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications (i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible. The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the TASER device. 309.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the TASER device may be used. A supervisor should respond to all incidents where the TASER device was activated. A supervisor should review each incident where a person has been exposed to an activation of the TASER device. The device's on -board memory should be downloaded through the data port by a supervisor. Photographs of probe sites should be taken and witnesses interviewed. 309.9 TRAINING Personnel who are authorized to carry the TASER device shall be permitted to do so only after successfully completing the initial department -approved training. Any personnel who have not carried the TASER device as a part of their assignment for a period of six months or more shall be re -certified by a department -approved TASER device instructor prior to again carrying or using the device. Proficiency training for personnel who have been issued TASER devices should occur every year. A reassessment of an officer's knowledge and/or practical skill may be required at any time if deemed appropriate by the Special Projects Office. All training and proficiency for TASER devices will be documented in the officer's training file. Command staff, supervisors and investigators should receive TASER device training as appropriate for the investigations they conduct and review. Officers who do not carry TASER devices should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Special Projects Office is responsible for ensuring that all members who carry TASER devices have received initial and annual proficiency training. Conducted Energy Device Guidelines - 69 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Conducted Energy Device Guidelines Application of TASER devices during training could result in injury to personnel and should not be mandatory for certification. The Special Projects Office and TASER instructors should ensure that all training includes: (a) A review of this policy. (b) A review of the Use of Force Policy. (c) Performing weak -hand draws or cross -draws to reduce the possibility of accidentally drawing and firing a firearm. (d) Target area considerations, to include techniques or options to reduce the accidental application of probes near the head, neck, chest and groin. (e) Handcuffing a subject during the application of the TASER device and transitioning to other force options. (f) De-escalation techniques. (g) Restraint techniques that do not impair respiration following the application of the TASER device. Conducted Energy Device Guidelines - 70 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting 310.1 PURPOSE AND SCOPE To establish policy and procedures for the investigation of an incident in which an officer is involved as a principal victim, or custodial officer, where death or injury likely to cause death was the result of the "use of force". The intent of this policy is to ensure that such incidents be investigated in a fair and impartial manner. Nothing in this policy is intended to increase, modify, or in any way affect the current legal standards nor shall any deviation from these guidelines be considered a breach of any legal standard. 310.1.1 CRIMINAL INVESTIGATION An investigation of a critical incident to ascertain all the relevant evidence so that a decision can be made as to whether or not anyone committed a crime during the course of the event which led up to and included the critical incident. The criminal investigation is separate and take precedence over the internal and civil investigation. 310.1.2 MEMBER AGENCY OR AGENCIES INVOLVED The lead agency or agencies that had active participation in the critical incident event itself. 310.1.3 INVOLVED OFFICER An officer who is directly involved in a use of force in which he/she is a principal, victim, or custodial officer, where death or injury likely to cause death was the result of the "use of force". 310.1.4 WITNESS OFFICER An officer who witnesses (observes) a use of force in which death or injury likely to cause death was the result of the "use of force". 310.2 INVESTIGATION RESPONSIBILITY This department conforms to the Critical Incident Task Force (CITF) Protocol for investigating officer -involved shootings. 310.3 TYPES OF INVESTIGATIONS Officer -involved shootings involve several separate investigations. The investigations may include: (a) A criminal investigation of the incident by the agency having jurisdiction where the incident occurred. This department may relinquish its criminal investigation to an outside agency with the approval of the Chief of Police or a Division Commander. (b) A criminal investigation of the involved officer(s) conducted by an outside agency. (c) A civil investigation to determine potential liability conducted by the involved officer's agency. (d) An administrative investigation conducted by the involved officer's agency, to determine if there were violations of any policy of this department. Officer -Involved Shooting - 71 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting 310.4 JURISDICTION Jurisdiction is determined by the location of the shooting and the agency employing the involved officer or deputy. The following scenarios outline the jurisdictional responsibilities for investigating officer -involved shootings: 310.4.1 MERIDIAN POLICE DEPARTMENT OFFICER WITHIN THIS JURISDICTION The CITF is responsible for the criminal investigation of the suspect's actions. The Meridian Police Department or its designated outside agency will be responsible for timely civil and/or administrative investigation(s). The criminal investigation, including actions of the involved officers, will be reviewed by an outside prosecuting attorney's office, or the Office of the Attorney General. Under the CITF Protocol, the criminal investigation is generally referred to one or more outside agencies with a "lead agency" being ultimately responsible for the investigation. 310.4.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION The CITF is responsible for the criminal investigation of the suspect's actions. The involved officer's agency will be responsible for any civil and/or administrative investigation(s). The criminal investigation, including actions of the involved officer, will be reviewed by an outside prosecuting attorney's office, or the Office of the Attorney General. Under the CITF Protocol, the criminal investigation is generally referred to one or more outside agencies with a "lead agency" being ultimately responsible for the investigation. 310.4.3 MERIDIAN POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION The agency where the incident occurred has criminal jurisdiction, however, the CITF is responsible for the criminal investigation of the incident. The Meridian Police Department or its designated outside agency will be responsible for timely civil and/or administrative investigation(s). 310.5 THE INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer -involved shooting. 310.5.1 DUTIES OF INITIAL ON SCENE SUPERVISOR Upon arrival at the scene of an officer -involved shooting, the first uninvolved supervisor assumes responsibilities of the Scene Commander and should: (a) Take all reasonable steps to obtain emergency medical attention for all apparently injured individuals. (b) Attempt to obtain a brief overview of the situation from any non -shooter officer(s). In the event that there are no non -shooter officers, the supervisor should attempt to obtain a brief voluntary overview from one shooter officer. (c) If necessary, the supervisor may administratively order any officer from this department to immediately provide public safety information necessary to secure the scene and pursue suspects. 1. Public safety information, exigent circumstances, crime scene management, outstanding suspect information, parameters of the incident scene, identities of know witnesses, brief incident commander and arriving CITF personnel. Officer -Involved Shooting - 72 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting (d) Absent a voluntary statement from any officer(s), the initial on scene supervisor should not attempt to order any officer to provide any information other than public safety information. (e) Ensure personnel are assigned to secure and protect the scene, initiate, establish and maintain access control procedures and maintain a written log of assignments and activity. This log shall be furnished to the lead CITY agency upon completion of the supervisor's assignment to the scene or upon request. (f) Take command of and secure the incident scene with additional personnel until relieved by a detective supervisor or other assigned personnel. (g) As soon as practical, shooter officer should respond or be transported (separately, if feasible) to a neutral location for further direction. 1. Each involved officer should be given an administrative order not to discuss the incident with other involved officers pending further direction from a supervisor. 2. When an officer's weapon is taken or left at the scene (e.g., evidence), the officer will be provided with a comparable replacement weapon or transported to the station by other officers. 3. Assign officer to accompany injured parties to hospital (h) Assess situation for additional resources and make assignments (i) Identify and sequester principals and witnesses, noting where each person was when the incident took place. Q) Ensure no items are removed from the scene prior to arrival or without approval of the CITF lead agency unless it is absolutely necessary for the safety of personnel or preservation of evidence. (k) Document and collect loose weapons or instruments. Weapons are to be left in place if they can be guarded. Weapons shall be moved only if they present an immediate danger due to proximity to live suspects or similar circumstances. If a weapon cannot be guarded in place and must be removed, such removal will be accomplished with the least disturbance possible, i.e. without operating the action or otherwise altering the state of the weapon. Such removal shall be reported immediately to arriving CITF investigators and the reason for removal shall be fully documented in a supplement by the officer making the removal. Note: Photograph and log removal procedure, when possible. (1) Ensure all weapons, including backup weapons, at the scene are identified. Note which weapons have apparently been discharged. Do not make weapons safe or otherwise operate the action or inspect the weapon for number of rounds fired, etc. unless there is no other feasible way to safeguard the weapon from interference. Posting a guard over a weapon is place is always preferable to moving the weapon, unless it is in a dangerous proximity to a live suspect. (m) Shall order the involved officer to holster their weapon(s) where the weapon shall remained holstered until a CITF investigator collects them. (n) If the involved officer(s) is not injured, the supervisor shall collect and maintain any recording device until the device is turned over to a CITF investigator. (o) If the involved officer is injured, the escort officer will collect all of the involved officer's equipment to include clothing, weapons and equipment until the items can be turned over to a CITF investigator. (p) Identify and advise the CITF Crime Scene Team of all video from vehicles so equipped. Officer -Involved Shooting - 73 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting (q) An uninvolved Escort Officer are to remain with the involved officer. (r) Transportation for all participants and witnesses to the station or other appropriate location. (s) If personally involved in the incident, transfer scene command to uninvolved supervisor upon their arrival. (t) Relieve involved officer from normal duties for remainder of the shift. (u) Relieve all witness officers of duties at the scene and direct them to a specific location where they should complete detailed reports and/or participate in interviews with investigators from the CITF. (v) If requested by involved officer, ensure that an appropriate intermediary arranges for legal representation. 310.5.2 MEDIA RELATIONS A single press release shall be prepared with input and concurrence from the supervisor and agency representative responsible for each phase of the investigation. This release will be available to the Shift Supervisor, Criminal Investigations Division Commander and Public Information Officer in the event of inquiries from the media. It will be the policy of this department to not release the identities of involved officer absent their consent or as required by law. Moreover, no involved officer shall be subjected to contact from the media and no involved officer shall make any comments to the press unless authorized by the Chief of Police or a Division Commander. Law enforcement officials receiving inquiries regarding incidents occurring in other agency jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 310.5.3 INVOLVED OFFICERS • Immediately notify dispatch of incident and location. • Render first aid and request response by emergency medical services. • Protect and secure scene. Limit access to the scene to those whose presence is needed for medical and/or investigative services. Secure scene perimeter with barrier tape and establish ingress/egress point and crime scene log. • Ensure that no evidentiary items are removed from the scene or disturbed in any way without approval by the Scene Commander, unless removal is necessary for safety of personnel and/or preservation of evidence. — Note: Loose weapons or instruments of either the suspects or officers shall be left in place if the scene is secure and it is possible to place a guard on the weapon. If the scene is not secure, safeguard items, but do not alter them such as making the weapon safe. Notify supervisor upon his arrival of location of all weapons and any alterations made to them. Digitally record, when possible, dying declarations, spontaneous statements, contemporaneous statements, or statement of then -existing or previous mental or physical states. Maintain proper evidence keeping and recording procedures at all times. Holster or otherwise secure your own used weapon(s), when capable, and retain the same without alteration until relieved of the weapon. Secure in their original holster or in the case of a long gun, the original location in the officer's vehicle. Officer -Involved Shooting - 74 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting • Brief first arriving supervisor of the nature of the incident and actions taken and identify involved officers, assisting officers and witnesses. • When relieved of duties at the scene by a supervisor, accompany and remain with assigned uninvolved officer. • Upon request, surrender all weapons and/or equipment used in the incident. • Avoid discussion of the incident with anyone until interviewed by assigned CITF investigator except with briefing responding supervisor, clergyman, psychologist or legal counsel in one-on-one sessions. — Note: While awaiting interviews, involved officers may request the presence of a preferred assigned escort officer, clergyman, personal legal counsel or spouse. • Review completed CITF reports for content and accuracy. • The involved officer will be asked to participate in a criminal interview with two members from the CITF. • The involved officer will be asked to consent to a blood draw and a urine sample to be used as evidence during the criminal investigation. Once the involved officer(s) have arrived at a neutral location, the Watch Commander should admonish each officer that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved officer(s): (a) Any request for department or legal representation will be accommodated. However, no involved officer shall be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report. (b) Discussions with licensed attorneys will be considered privileged as attorney-client communication. (c) Discussions with department representatives (e.g., employee association) will be privileged only as to the discussion of non -criminal information. (d) A psychotherapist shall be arranged by CITF to each involved officer, or any other officer, upon request. 1. Interviews with a licensed psychotherapist will be considered privileged and will not be disclosed except to the extent that the officer is or is not fit for return to duty. 2. An interview or session with a licensed psychotherapist may take place prior to the involved officer providing a formal interview or report, but the involved officers shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. (e) Although this department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer. Care should be taken to preserve the integrity of any physical evidence present on the officer, equipment or clothing (e.g., blood, fingerprints) until investigators or lab personnel can properly retrieve it. Detectives shall make reasonable accommodations to the officer's physical and emotional needs. Officer -Involved Shooting - 75 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting Each involved officer shall be given reasonable paid administrative leave following an officer -involved shooting. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave. 310.6 THE SHOOTING INCIDENT CRIMINAL INVESTIGATION 310.6.1 DETECTIVE PERSONNEL Once notified of an officer -involved shooting, it shall be the responsibility of the Criminal Investigations Division supervisor to assign appropriate detective personnel to form the CITF to handle the criminal investigation. Detectives will be assigned to work with investigators from the CITF and may be assigned to separately handle the investigation of any related crimes. All related CITF reports except administrative and/or privileged reports will be forwarded to the designated CITF supervisor for approval. Privileged reports shall be maintained exclusively by those personnel authorized such access. Administrative reports will be forwarded to the appropriate Division Commander. 310.6.2 CRIMINAL INVESTIGATION It shall be the policy of this department to utilize the Prosecuting Attorney's Office or the Attorney General to conduct an independent legal review of the investigation of any officer -involved shooting involving injury or death. If available, detective personnel from CITF may be assigned to "partner" with investigators from the Prosecuting Attorney's Office or the Attorney General so as to not duplicate efforts in reviewing such investigations. Once public safety issues have been addressed, CITF investigators will be given the opportunity to interview the involved officer(s) in order to provide them with an opportunity to give a voluntary statement. The following shall be considered for the involved officer(s): (a) Supervisors and Special Projects Office personnel should not participate directly in any voluntary interview of officers. This will not prohibit such personnel from monitoring such interviews or indirectly providing areas for inquiry. (b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney, prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (c) Any voluntary statement provided by an officer will be made available for inclusion in the administrative or other related investigations. (d) Absent consent from the involved officer or as required by law, no administratively coerced statement(s) will be provided to any criminal investigators. 310.6.3 REPORTS BY INVOLVED OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals. Officer -Involved Shooting - 76 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting While the involved officer may write the report, it is generally recommended that such reports be completed by assigned investigators who should interview involved officers as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by involved suspects. Care should be taken not to duplicate information provided by involved officers in other reports. Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures, but should also be included for reference in the investigation of the officer -involved shooting. 310.6.4 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer -involved shooting or other major incident may be lost or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following: (a) Identify all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. (b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel. 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. (c) Available personnel should be assigned to promptly contact the suspect's family and associates to obtain any available and untainted background information about the suspect's activities and state of mind prior to contact with officers. 310.7 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer -involved shooting, this department or a designated outside agency will conduct an internal administrative investigation to determine conformance with policy of this department. This investigation will be conducted under the supervision of the Special Projects Office and will be considered a confidential peace officer personnel file. (a) Any officer involved in a shooting maybe administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. Officer -Involved Shooting - 77 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting (b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer. 1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his or her prior statement before proceeding with any subsequent interview(s). (c) In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. 1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer(s) physical and psychological needs have been addressed before commencing the interview. 2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. 3. Administrative interview(s) should be recorded by the investigator (the officer may also record the interview. 4. The officer shall be informed of all constitutional Miranda rights and, assuming no voluntary waiver, will then be given an administrative order to provide full and truthful answers to all questions. The officer shall be informed, however, that the interview will be for administrative purposes only and that the statement cannot be used criminally (Garrity admonishment). 5. The administrative interview shall be considered part of the officer's confidential personnel file. 6. The Special Projects Office shall compile all relevant information and reports necessary for this department to determine compliance with applicable policies. The completed administrative investigation shall be submitted to the Use of Deadly Force Review Board, which will restrict its findings as to whether there was compliance with this department's use of deadly force policy. 8. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. 310.7.1 CIVIL LIABILITY RESPONSE A member of this department may be assigned to work exclusively under the direction of the legal counsel for this department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation, but shall be given reasonable access to all other investigations. Officer -Involved Shooting - 78 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer -Involved Shooting 310.8 CRITERIA FOR SEQUESTERING OFFICERS Officers meeting the criteria will be assigned an uninvolved escort officer to transport them to a designated off-site location. Officers who fired/deployed deadly force or were an active participant as listed below: (a) Used non -deadly direct force on or had direct contact with the suspect. (b) Gave commands just prior to or during the deployment of deadly force. (c) Any officer who is a victim of use of force by the suspect. Officers not deemed an active participant will be directed to complete a written report and submit to a supervisor prior to going off duty. 310.9 ASSIGNED ESCORT TO INJURED OFFICERS OR SUSPECTS (a) Maintain custody when an injured party has been arrested. (b) Locate, safeguard and maintain chain of custody of any evidence. (c) If the officer is not injured the escort officer will remain within visual presence of the involved officer until relieved by an investigator from CITF. The escort officer shall insure that all involved officer's weapons remained holster until CITF investigators collect them. 1. Note: If injured party is an officer, follow guidelines established under Supervisor for weapons collections. (d) Provide information to medical personnel about the incident that may be relevant to medical treatment only. (e) Identify and document witnesses, family members, and medical personnel. (f) Refer members of the victim's family to the CITF lead investigators. (g) Document any statements made or information given by family or friends of the suspect on a supplement report. 310.10 ASSIGNED ESCORT FOR UNINJURED INVOLVED OFFICERS (a) Transport and remain with involved officers at the station or other designated location. (b) Separate involved officers and others while at the station or other designated location. (c) Refrain from discussing the incident with involved officers unless otherwise directed by a supervisor or CITF investigator. (d) See to the needs and comfort of involved officers and others. Officer -Involved Shooting - 79 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Intoxilyzer/Field Sobriety Testing Room 311.1 PURPOSE AND SCOPE The purpose of the intoxilyzer room within the Meridian Police Department is to allow officers with a close location in the City of Meridian to administer evidentiary testing for the crime of driving under the influence and / or any other alcohol violations committed by adults or juveniles. It shall be the policy of the Meridian Police Department to ensure the safety and apparent physical well-being of all persons arrested or placed into custody by its officers, as well as providing a safe place for performing the evidentiary testing associated with the crime of driving under the influence of alcohol or drugs. The arresting officer has the primary responsibility for insuring the safety and physical well-being of any arrestee in his or her control. 311.2 PROCEDURE (a) If a suspect is brought into the intoxilyzer room for evidentiary testing, the suspect shall remain in handcuffs the entire time that they are within the intoxilyzer room. If, due to inclement weather or other reasons, the suspect still has to perform field sobriety testing or other physical ability tests they will perform those tests in the covered sally port or field sobriety testing room with an additional officer present during that testing. This will include any testing by a drug recognition expert (DRE). Unhandcuffing the suspect is allowed in these circumstances. (b) If a suspects BAC is under the DUI limit, but their driving pattern and impairment level indicates a higher level of impairment then the officer shall contact the on duty supervisor and request a Meridian DRE assistwith the DUI investigation. If a Meridian DRE is not available the supervisor will contact dispatch and request a DRE from another agency to assist with the DUI investigation. If no DRE's are available and the situation warrants a DRE then, at supervisor discretion, an off duty Meridian DRE shall be called out. (c) At no time will juveniles and adults be brought into the intoxilyzer room at the same time. If an adult is in the intoxilyzer room and a juvenile is brought into the sally port in a marked vehicle, the juvenile will stay in the marked vehicle until the adult has completed all testing and has been secured back into their marked vehicle for transport. Only then can the juvenile be brought into the intoxilyzer room. This will also work in reverse if a juvenile is already in the intoxilyzer room and an adult is brought into the sally port. (d) The chairs in the intoxilyzer will be utilized for the mandatory 15 minute observation time prior to the evidentiary testing on the intoxilyzer 5000. The suspects will be monitored at all times while they are in the intoxilyzer room. If at any time the arresting officer has to leave the intoxilyzer room while they have a suspect in the intoxilyzer room, another Meridian police officer must be present in the intoxilyzer room to observe and monitor the suspect while the arresting officer is gone. (e) The arresting officer must complete the intoxilyzer log sheet for every suspect they bring in for evidentiary testing. (f) Any time an arresting officer has a suspect blow over a .30 BAC, they must have the suspect medically cleared before they can be transported to the Ada County Jail and booked. The arresting officer will ensure the jail personnel are aware of the suspects Intoxilyzer/Field Sobriety Testing Room - 80 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Intoxilyzer/Field Sobriety Testing Room BAC results and that they have been cleared by the hospital. The officer will leave a copy of the medical release papers for the jail staff. A copy of the medical release should also be attached to the report. (g) If an officer from another agency wishes to utilize our intoxilyzer room for evidentiary testing of their suspect, all of MPD's rules and policies must be followed. Intoxilyzer/Field Sobriety Testing Room - 81 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Firearms 312.1 PURPOSE AND SCOPE This policy establishes procedures for the acquisition, use, and documentation of training in the use of firearms. The Chief of Police or his or her designee shall approve all firearms and ammunition intended for on -duty use, whether personally or owned by this department, before they are acquired and utilized by any member of this department. 312.2 AUTHORIZED FIREARMS No firearms will be carried that have not been thoroughly inspected by the Rangemaster during a regularly scheduled range date. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at a range authorized by this department. The provisions of this section shall not be construed to restrict the officer from the use of any other type of firearm or ammunition during times of extreme situations, when service weapons and ammunition are unavailable, impractical or their issued ammunition has been exhausted. All sworn officers shall be armed with an issued service weapon during on duty hours, except when any of the following provisions apply: (a) When directed to disarm by a Superior Officer. (b) When involved in authorized training or activities, which make the wearing of a weapon impractical and inadvisable. (c) When wearing a weapon would violate any provision of this policy manual or the laws of municipality, state or nation where the officer is presently located or imminently en route to. (d) When involved in any situation where the wearing of a firearm would pose an increased hazard to the officer or a greater likelihood of an unsuccessful resolution to the situation. (e) Officers assigned to indoor activities may be exempted from the requirements of this section by their Commanding Officer. However, an approved service weapon shall be maintained and available for immediate use. 312.2.1 DUTY FIREARMS The issued handgun authorized by this department is the Glock 22 .40 Caliber. The following additional handguns are approved for on -duty use: Make IModel ICaliber Glock 123 1.40 Cal Glock 127 1.40 Cal Uniformed personnel shall carry the department issued firearm and two magazines in a department issued holster and magazine pouch. Firearms - 82 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Firearms Non -uniformed field personnel shall carry an approved department firearm and one magazine in a department approved holster and magazine pouch. Officer assigned to undercover or specialty assignments shall carry department approved firearms in a manner approved by the department Rangemaster. 312.2.2 AUTHORIZED SECONDARY FIREARMS Officers desiring to carry a secondary firearm on duty are subject to the following restrictions: (a) The firearm shall be in good working order and approved by the Rangemaster. (b) Only one secondary firearm may be carried at a time. (c) The purchase of the firearm and ammunition shall be the responsibility of the officer. (d) The firearm shall be carried out of sight at all times and in such a manner as to prevent accidental cocking, discharge or loss of physical control. (e) The firearm shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever deemed necessary. (f) Ammunition shall be the same as issued by this department. If the caliber of the firearm is other than that issued, the Rangemaster shall approve the ammunition. (g) Prior to carrying the secondary firearm, personnel shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Officers must demonstrate proficiency and safe handling, and that the firearm functions properly. (h) Personnel shall provide the make, model, color, serial number and caliber of a second firearm to the Rangemaster. 312.2.3 AUTHORIZED OFF-DUTY FIREARMS Officers who choose to carry concealed firearms off duty shall follow Federal, State and Local Laws and Ordinances. 312.2.4 AMMUNITION Officers shall carry only ammunition authorized by this department. Officers shall be issued fresh duty ammunition in the specified quantity for all firearms issued by this department during the officer's first scheduled qualification each year. Officers carrying personally owned authorized firearms of a caliber differing from firearms issued by this department shall be responsible for obtaining fresh duty ammunition in accordance with the above at their own expense. Replacements for un -serviceable or depleted ammunition issued by this department shall be dispensed by the armorer when needed in accordance with established policy. - Additional ammunition maybe carried in either full magazines or full boxes and must be department approved. 312.3 SAFE HANDLING OF FIREARMS The intent of this policy is to promote proper firearm safety on and off duty. Employees shall maintain the highest level of safety when handling firearms and shall consider the following: 312.3.1 SAFETY CONSIDERATIONS (a) Officers shall not unnecessarily display or handle any firearm. Firearms - 83 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Firearms (b) Officers shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Rangemaster. (c) Officers shall not clean, repair, load or unload a firearm anywhere in this department, except where clearing barrels are present. (d) Officers shall not place or store any firearm or other weapon on this department's premises except where the place of storage is locked. (e) Officers shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearms from the armory, except with approval of a supervisor. (f) Any firearm authorized by this department to be carried on or off duty that is determined by an officer to be malfunctioning or needing service or repair shall not be carried. It shall be promptly presented to an Armorer or Rangemaster who has been approved by this department for inspection and repair. Any firearm deemed in need of repair or service by the Armorer or Rangemaster will be immediately removed from service. If the firearm is the officer's primary duty firearm, a replacement firearm will be issued to the officer until the duty firearm is serviceable. 312.3.2 STORAGE OF FIREARMS AT HOME Officers shall ensure that all department issued firearms and ammunition are secured while in their homes, vehicles or any other area under their control in a manner that will keep them inaccessible to children and irresponsible adults. 312.4 FIREARMS QUALIFICATIONS All sworn personnel are required to qualify bi-annually with their duty firearm on an approved range course. The Rangemaster shall keep accurate records of qualifications, repairs, maintenance, training or as directed by the Special Projects Office. In addition to regular qualification schedules, the Rangemaster shall be responsible for providing all sworn personnel with annual practical training designed to simulate field situations. At least annually, all personnel carrying a firearm will receive training on the Use of Force policy of this department and demonstrate their knowledge and understanding. 312.4.1 NON QUALIFICATION If any officer is unable to qualify for any reason, including injury, illness, duty status, or scheduling conflict, that officer shall submit a memorandum to his or her immediate supervisor prior to the end of the required shooting period. Sworn members who fail to qualify on their third shooting attempt shall be provided remedial training until proficiency is demonstrated. Members who repeatedly fail to qualify will be relieved from field assignment and appropriate disciplinary may follow. 312.5 WARNING AND OTHER SHOTS Warning shots or shots fired for the purpose of summoning aid are not allowed. 312.6 DESTRUCTION OF ANIMALS Officers are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. Firearms - 84 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Firearms 312.6.1 INJURED ANIMALS With the approval of a supervisor, an officer may euthanize an non -domesticated animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. 312.7 REPORT OF FIREARM DISCHARGE Except during training or recreational use, any member who discharges a department issued firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer -Involved Shooting Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. In all other cases, written reports shall be made as follows: (a) If on -duty at the time of the incident, the member shall file a written report with his/her Division Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed. (b) If off-duty at the time of the incident, a written report shall be submitted or recorded statement provided no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor. 312.8 RANGEMASTER DUTIES The range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Special Projects Office after each range date. The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by officers of this department to verify proper operation. The Rangemaster has the authority to deem any privately owned firearm unfit for service. The officer will be responsible for all repairs to his or her personal firearm and it will not be returned to service until inspected by the Rangemaster. 312.9 MAINTENANCE AND REPAIR Firearms carried on duty shall be maintained in a clean, serviceable condition. Since the use of personally owned firearms is at the option of the individual officer, that officer will be responsible for the furnishing, maintenance and repair of such firearm. 312.9.1 REPAIR OR MODIFICATIONS OF DUTY FIREARMS The Rangemaster or his designee shall be the only person authorized to repair or modify any firearm owned by this department. All repairs and/or modifications of firearms owned by this department not performed by the Rangemaster must be approved in advance by the Rangemaster and accomplished by a gunsmith approved by this department. Any repairs or modifications to the officer's personally owned firearm shall be done at his or her expense and must be approved by the Rangemaster. Firearms - 85 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Firearms 312.10 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing officers flying armed on commercial aircraft. The following requirements apply to personnel who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a) Officers wishing to fly armed must be flying in an official capacity and not for vacation or pleasure purposes. (b) Officers must carry the identification card issued by this department, which must contain a full -face picture, the officer's signature and the signature of the Chief of Police or the official seal of the Department, and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver's license, passport). (c) In accordance with TSA procedures, the Department will obtain a message containing a unique alphanumeric identifier from TSA through the National Law Enforcement Telecommunications System (NLETS) prior to the officer's travel. The officer must present the message to airport personnel as authorization to travel while armed on the day of travel. (d) An official letter signed by the Chief of Police authorizing armed travel must accompany the officer. The letter must outline the officer's need to fly armed, must detail his/her itinerary, and should include that the officer has completed the mandatory TSA training for law enforcement officers flying while armed. (e) An officer must have completed the mandated TSA security training, covering law enforcement officers flying while armed. The training shall be given by the department -appointed instructor. (f) It is the officer's responsibility to notify the air carrier in advance of the intended armed travel. This notification can be accomplished by early check-in at the carrier's check-in counter. (g) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry -on luggage and may not be stored in an overhead compartment. (h) Officers should not surrender their firearm but should try to resolve any problems through the flight captain, ground security manager, or other management representative of the air carrier. (i) The officer shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. Firearms - 86 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Crime Prevention 313.1 PURPOSE AND SCOPE The purpose of a crime prevention program is to develop, implement and administer prevention and suppression programs designed to educate and develop partnerships in the community in an effort to deter criminal activity and reduce the likelihood of becoming a victim of crime. The primary function of Crime Prevention is aimed at creating in the minds of Meridian residents and business persons, an awareness of the role they can individually and collectively play in the reduction and/or prevention of crime, and then encouraging individual, group, school, neighborhood, and community follow-up and activities to reduce/prevent crime or the fear of crime. This program is preventative in nature. 313.1.1 FUNCTION Crime prevention is an ongoing pro -active function of policing requiring the active participation of all members of this department. All members will endeavor to prevent crime through investigative processes, through problem solving processes; by engaging in open communication with citizens, other agencies, service groups and each other; by seeking out opportunities for partnering with schools, civic groups, business associations, and citizens groups to initiate and implement crime prevention strategies or programs. 313.1.2 ADMINISTRATION The administration, direction and control of the Crime Prevention Member is under the immediate supervision of the Community Services Division Commander. Crime Prevention - 87 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits 314.1 PURPOSE AND SCOPE Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious injury or death. The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against law enforcement's duty to apprehend violators of the law. Another purpose of this policy is to minimize the potential for pursuit -related collisions. Vehicular pursuits require officers to exhibit a high degree of common sense and sound judgment. Officers must not forget that the immediate apprehension of a suspect is generally not more important than the safety of the public and pursuing officers. Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and under difficult and unpredictable circumstances. In recognizing the potential risk to public safety created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicular pursuit because of the risk involved. This includes circumstances where the policy of this department would permit the initiation or continuation of the pursuit. It is recognized that vehicular pursuit situations are not always predictable and decisions made pursuant to this policy will be evaluated according to the totality of the circumstances reasonably available at the time of the pursuit. Officers must remember that the most important factors to the successful conclusion of a pursuit are proper self-discipline and sound professional judgment. Officers' conduct during the course of a pursuit must be objectively reasonable, that is, what a reasonable officer would do under the circumstances. An unreasonable individual's desire to apprehend a fleeing suspect at all costs has no place in professional law enforcement. 314.1.1 PURSUIT DEFINITIONS Pursuit - A vehicle pursuit is an event involving one or more law enforcement officers attempting to apprehend a suspect who is attempting to avoid apprehension while operating a motor vehicle by using high speed driving or other evasive tactics. Serious Felony - A felony that involved an actual or threatened attack, which the officer has reasonable cause to believe, has resulted or could have resulted in death or serious bodily injury. Failure to Yield - Refers to the actions of a vehicle operator who fails to stop or respond to the emergency lights and siren of a law enforcement vehicle. Generally, the vehicle operator continues to travel forward at or below the speed limit, observed applicable rules of the road and does not change direction of travel in an evasive manner. Primary Unit - The police vehicle that initiates a pursuit or any vehicle that assumes the position immediately behind the suspect vehicle. Secondary Unit - The police vehicle that assumes the position direction behind the primary unit and is responsible for all radio traffic during the pursuit. Pursuit Trailing - The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of participation in the pursuit. Vehicle Pursuits - 88 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits Pursuit Intervention - Pursuit intervention is an attempt to terminate the ability of the suspect to continue to flee in a motor vehicle. Roadblock -A tactic involving any structure, device, or means used by duly authorized law enforcement officers for the purpose of controlling all traffic through a point on a highway whereby all vehicles may be slowed or stopped (Idaho Code 19-620). Termination - Canceling the pursuit without the use of a forced -stop method. Blocking or Vehicle Intercept - A slow speed coordinated maneuver where two or more patrol vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which may be unaware of the impending enforcement stop, with the goal of containment and preventing a pursuit. Blocking is not a moving or stationary road block. Boxing -in - A tactic designed to stop a violator's vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop. Ramming - The deliberate act of impacting a violator's vehicle with another vehicle to functionally damage or otherwise force the violator's vehicle to stop. Spikes or Tack Strips - A device that extends across the roadway designed to puncture the tires of the pursued vehicle. The Pursuit Intervention Technique (PIT) - A low speed maneuver designed to cause the suspect vehicle to spin out and terminate the pursuit. 314.2 OFFICER RESPONSIBILITIES While engaging in a vehicle pursuit, officers must drive with due regard for the safety of all other persons. However, while engaging in a vehicle pursuit, officers are generally not required to follow the rules of the road. In addition, this exemption from following the rules of the road only applies when the officer is operating an authorized emergency vehicle. The following policy is established to provide officers with guidelines for driving with due regard and caution for the safety of all persons (Idaho Code 49-623). R1 EWA ki0110lhlll/_BIW_\•lll:6lllIII Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect is attempting to evade arrest or detention by fleeing in a vehicle. The following factors individually and collectively shall be considered in deciding whether to initiate a pursuit: (a) Seriousness of the known or reasonably suspected crime and its relationship to community safety. (b) The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists and others. (c) Apparent nature of the fleeing suspect (e.g., whether the suspect represents a serious threat to public safety). (d) The identity of the suspect has been verified and there is comparatively minimal risk in allowing the suspect to be apprehended at a later time. Vehicle Pursuits - 89 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits (e) Safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic and the speed of the pursuit relative to these factors. (f) The pursuing officer's familiarity with the area of the pursuit, the quality of radio communications between the pursuing units and the dispatcher/supervisor and the driving capabilities of the pursuing officer under the conditions of the pursuit. (g) Weather, traffic and road conditions that substantially increase the danger of the pursuit beyond the worth of apprehending the suspect. (h) Performance capabilities of the vehicles used in the pursuit in relation to the speeds and other conditions of the pursuit. (i) Vehicle speeds. (j) Other persons in or on the pursued vehicle (e.g., passengers, co -offenders and hostages). (k) Availability of other resources such as aircraft assistance. (1) The police unit is carrying passengers other than police officers. Pursuits shall not be undertaken with a prisoner in the police vehicle. 314.2.2 WHEN TO TERMINATE A PURSUIT Pursuits should be discontinued whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspects escape. The factors listed in this policy are expressly included herein and will apply equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists and themselves when electing to continue a pursuit. In the context of this policy, the term "terminate" shall be construed to mean discontinue or to stop chasing the fleeing vehicle. In addition to the factors listed in this policy, the following factors should also be considered in deciding whether to terminate a pursuit: (a) Distance between the pursuing officers and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time and/or distance. (b) Pursued vehicle's location is no longer definitely known. (c) Officer's pursuit vehicle sustains any type of damage that renders it unsafe to drive. (d) Extended pursuits of violators for misdemeanors not involving violence or risk of serious harm (independent of the pursuit) are discouraged. (e) There are hazards to uninvolved bystanders or motorists. (f) If the identity of the offender is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit, officers should strongly consider discontinuing the pursuit and apprehending the offender at a later time. (g) The pursuing officer is directed by a supervisor to terminate the pursuit. The discontinuation of a pursuit prohibits the following of the suspect vehicle: Vehicle Pursuits - 90 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits Officers shall turn off in another direction, pull over and turn off lights and siren. Officers are then clear to go back to the area where they had just been in pursuit. If the officer comes into contact with the suspect vehicle again, and the circumstances are different than those that caused the termination of the first pursuit, they may initiate a second pursuit only as long as conditions permit. 314.2.3 SPEED LIMITS The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer safety and the safety of the occupants of the fleeing vehicle. Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also consider these factors when determining the reasonableness of the speed of the pursuit: (a) Whether the pursuit speeds are unsafe for the surrounding conditions. (b) Whether the speeds being reached are beyond the driving ability of the officer. (c) Whether the speeds are beyond the capabilities of the police vehicle, thus making its operation unsafe. 314.3 PURSUIT UNITS Pursuit units should be limited to two vehicles, however, the number of units involved will vary with the circumstances. An officer or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely arrest the suspect. All other officers should stay out of the pursuit, but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the termination point at legal speeds, following the appropriate rules of the road. 314.3.1 MOTORCYCLE OFFICERS A distinctively marked patrol vehicle equipped with emergency overhead lighting should replace a police motorcycle as primary and/or secondary pursuit unit as soon as practical. 314.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Vehicles not equipped with a flashing light and siren are generally prohibited from initiating or joining in any pursuit. Officers in such vehicles, however, may become involved in emergency activities involving serious crimes or life-threatening situations. Those officers should terminate their involvement in any pursuit immediately upon arrival of a sufficient number of emergency police vehicles or any police aircraft. 314.3.3 PRIMARY UNIT RESPONSIBILITIES The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for the conduct of the pursuit unless it is unable to remain reasonably close enough to the violator's vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the suspect without unreasonable danger to him/herself or other persons. The initial pursuit unit should notify Ada County Dispatch Center that a vehicle pursuit has been initiated and as soon as practical provide information including, but not limited to the following: (a) Reason for the pursuit Vehicle Pursuits - 91 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits (b) Location and direction of travel (c) Speed of the fleeing vehicle (d) Description of the fleeing vehicle and license number, if known (e) Number of known occupants (f) The identity or description of the known occupants (g) Information concerning the use of firearms, threat of force, injuries, hostages or other unusual hazards Unless relieved by a supervisor or a secondary unit, the officer in the primary unit shall be responsible for the broadcasting of the progress of the pursuit. Unless practical circumstances indicate otherwise and, in order to concentrate on pursuit driving, the primary unit should relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or aircraft joining the pursuit. 314.3.4 SECONDARY UNIT RESPONSIBILITIES The second officer in the pursuit is responsible for the following: (a) The officer in the secondary unit should immediately notify the dispatcher of entry into the pursuit. (b) The secondary unit should remain a safe distance behind the primary unit unless directed to assume the role of primary officer or if the primary unit is unable to continue the pursuit. (c) The secondary unit should be responsible for broadcasting the progress of the pursuit unless the situation indicates otherwise. 314.3.5 PURSUIT DRIVING TACTICS The decision to use specific driving tactics requires the same assessment of considerations outlined in the factors to be considered concerning pursuit initiation and termination. The following are tactics for units involved in the pursuit: (a) Officers, considering their driving skills and vehicle performance capabilities, will space themselves from other involved vehicles so they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle. (b) Because intersections can present increased risks, the following tactics should be considered: 1. Available units not directly involved in the pursuit may proceed safely to controlled intersections ahead of the pursuit in an effort to warn cross traffic. 2. Pursuing units should exercise due caution when proceeding through controlled intersections. (c) As a general rule, officers should not pursue a vehicle driving left of center (wrong way) on a freeway. In the event that the pursued vehicle does so, the following tactics should be considered: 1. Requesting assistance from an air unit. 2. Maintaining visual contact with the pursued vehicle by paralleling it on the correct side of the roadway. 3. Requesting other units to observe exits available to the suspect. Vehicle Pursuits - 92 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits (d) Officers should notify the Idaho State Police and/or other agency if it appears that the pursuit may enter their jurisdiction. (e) Officers involved in a pursuit should not attempt to pass other units unless the situation indicates otherwise or they are requested to do so by the primary unit. 314.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT There should be no paralleling of the pursuit route. Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor. Non -pursuing personnel needed at the termination of the pursuit should respond in a non -emergency manner, observing the rules of the road. The primary and secondary units should be the only units operating under emergency conditions (blue light and siren) unless other units are assigned to the pursuit. 314.3.7 PURSUIT TRAILING In the event the initiating unit from this agency either relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of supervisor, trail the pursuit to the termination point in order to provide necessary information and assistance for the arrest of the suspect. The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of participation in the pursuit. 314.3.8 AIRCRAFT ASSISTANCE When available, aircraft assistance should be requested. Once the air unit has established visual contact with the pursued vehicle, it should assume control over the pursuit. The primary and secondary ground units should consider the participation of aircraft assistance when determining whether to continue the pursuit. The air unit should coordinate the activities of resources on the ground, report progress of the pursuit and provide officers and supervisors with details of upcoming traffic congestion, road hazards, or other pertinent information to evaluate whether or not to continue the pursuit. If ground units are not within visual contact and the air unit determines that it is unsafe to continue the pursuit, the air unit has the authority to terminate the pursuit. 314.4 SUPERVISORY CONTROL AND RESPONSIBILITY It is the policy of this department that available supervisory and management control will be exercised over all motor vehicle pursuits involving officers from this department. The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor will be responsible for the following: (a) Upon becoming aware of a pursuit, immediately ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the pursuit in order to ensure that the pursuit is conducted within guidelines established by this department. Vehicle Pursuits - 93 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits (b) Engaging in the pursuit, when appropriate, to provide on -scene supervision. (c) Exercising management and control of the pursuit even if not engaged in it. (d) Ensuring that no more than the number of required police units needed are involved in the pursuit under the guidelines set forth in this policy. (e) Directing that the pursuit be terminated if, in his/her judgment, it is unjustified to continue the pursuit under the guidelines of this policy. (f) Ensuring that aircraft are requested if available. (g) Ensuring that the proper radio channel is being used. (h) Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this agency. (i) Controlling and managing MPD units when a pursuit enters another jurisdiction. (j) Preparing post -pursuit critique and analysis of the pursuit for training purposes 314.4.1 SHIFT SUPERVISOR RESPONSIBILITY Upon becoming aware that a pursuit has been initiated, the Shift Supervisor should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Shift Supervisor has the final responsibility for the coordination, control and termination of a motor vehicle pursuit and shall be in overall command. The Shift Supervisor shall review all pertinent reports for content and forward to the Division Commander. 314.5 COMMUNICATIONS If the pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or communications dispatcher. If the pursuit leaves the jurisdiction of this department or such is imminent, involved units should, whenever available, switch radio communications to an emergency channel most accessible by participating agencies and units. 314.5.1 COMMUNICATION CENTER RESPONSIBILITIES Upon notification that a pursuit has been initiated, Ada County Dispatch Center will: (a) Coordinate pursuit communications of the involved units and personnel. (b) Notify and coordinate with other involved or affected agencies as practical. (c) Ensure that a field supervisor is notified of the pursuit. (d) Assign an incident number and log all pursuit activities. (e) Broadcast pursuit updates as well as other pertinent information as necessary. (f) Notify the Shift Supervisor as soon as practical. 314.5.2 LOSS OF PURSUED VEHICLE When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating suspects. The primary unit will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot. Vehicle Pursuits - 94 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits 314.6 INTER -JURISDICTIONAL CONSIDERATIONS When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking into consideration distance traveled, unfamiliarity with the area, and other pertinent facts, should determine whether or not to terminate the pursuit or request the other agency to assume the pursuit. Unless entry into another jurisdiction is expected to be brief, it is generally recommended that the primary officer or supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether or not such jurisdiction is expected to assist. Below are the agreed upon procedures for multi -agency pursuits per the Treasure Valley Cooperative Pursuit Policy MOU Agreement: (a) Once a pursuit is initiated and the initiating agency anticipates it will lead into another jurisdictiori the initiating agency will move radio communications to an agency common channel (ex. Valley All -Call) by requesting dispatch to patch the primary channel for the pursuit with Valley All -Call. All agency policies should require the initial pursuing agency to provide adequate information about the pursuit for other agencies to make fact -based decisions about the need to continue the pursuit, including the initial crime(s), aggravating factors and the need for immediate apprehension. (b) If a pursuit continues out of an agency's jurisdiction, the presumption is that the command and control of it will remain with the initial pursuing agency. However, the initial pursuing agency may request the jurisdictional agency to assume command and control. If that is accepted, once there are an adequate number of units from the jurisdictional agency present to safely assume the pursuit, the initial agency should become a supporting agency to the pursuit and safely continue to the point the pursuit terminates so as to take custody of prisoners, assist with arrest charges or provide information. If the jurisdictional agency declines to assume command and control of the pursuit, it should still provide reasonable support to the initial pursuing agency. The initial pursuing agency will normally be responsible for all arrest charges unless the severity of actions later in the pursuit outweighs the practicality of that. (c) The responsibility for ordering the termination of pursuit shall rest with each agency's supervisors and be based upon policy of the agency directly in pursuit, regardless of whether it is the initial pursuing agency. (d) All law enforcement powers, all of the privileges and immunity from liability, exceptions from law, ordinances, and rules, all pensions, relief disability, worker's compensations and other benefits which apply to activity of the officers, agents, or employees when performing their respective functions under the Agreement shall apply to the same degree and extent while engaged in the performance of any of their functions and duties while in their own jurisdiction. Each agency will retain and assume all liability for the acts or omission of its officers and employees during the pursuit operations under this Agreement and will hold each other harmless from damages incurred by them. 314.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Units originally involved will discontinue the pursuit when advised that another agency has assumed the pursuit and assistance of this department is no longer needed. Upon discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a supervisor, to the termination point to assist in the investigation. The role and responsibilities of officers at the termination of a pursuit initiated by this department shall be coordinated with appropriate consideration of the units from the agency assuming the pursuit. Vehicle Pursuits - 95 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific and should be by, and to, the supervisor. 314.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this department should not join a pursuit unless specifically requested to do so by the agency whose peace officers are in pursuit. The exception to this is when a single unit from the initiating agency is in pursuit. Under this circumstance, a unit from this department may join the pursuit until sufficient units from the initiating agency join the pursuit. When a request is made for this department to assist or take over a pursuit from another agency that has entered this jurisdiction, the supervisor should consider the following additional factors: (a) Ability to maintain the pursuit (b) Circumstances serious enough to continue the pursuit (c) Adequate staffing to continue the pursuit (d) The public's safety within this jurisdiction (e) Safety of the pursuing officers As soon as practical, a supervisor or the Shift Supervisor should review a request for assistance from another agency. The Shift Supervisor or supervisor, after consideration of the above factors, may decline to assist in, or assume the other agency's pursuit. Assistance to a pursuing allied agency by officers of this department will terminate at the City limits provided that the pursuing peace officers have sufficient assistance from other sources. Ongoing participation from this department may continue only until sufficient assistance is present. In the event that a pursuit from another agency terminates within this jurisdiction, officers shall provide appropriate assistance to peace officers from the allied agency including, but not limited to, scene control, coordination and completion of supplemental reports and any other assistance requested or needed. 314.7 PURSUIT INTERVENTION Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in a motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT (Pursuit Intervention Technique), ramming or roadblock procedures. 314.7.1 WHEN USE AUTHORIZED Use of pursuit intervention tactics should be employed only after approval of a supervisor. In deciding whether to use intervention tactics, officers/supervisors should balance the risks of allowing the pursuit to continue with the potential hazards arising from the use of each tactic to the public, the officers and persons in or on the pursued vehicle. With these risks in mind, the decision to use any intervention tactic should be reasonable in light of the circumstances confronting the officer at the time of the decision. It is imperative that officers act within the bounds of legality, good judgment and accepted practices. Vehicle Pursuits - 96 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits 314.7.2 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all the dangers associated with discharging firearms. Officers should not utilize firearms during an ongoing pursuit unless the conditions and circumstances dictate that such use reasonably appears necessary to protect life. Nothing in this section shall be construed to prohibit any officer from using a firearm to stop a suspect from using a vehicle as a deadly weapon. 314.7.3 INTERVENTION STANDARDS (Four Methods of Forcible Stop) The Meridian Police Department authorizes four (4) methods of forcible stop: Stop Stick, Pursuit Immobilization Technique (PIT), Roadblocks and Intentional Intervention 'Ramming". No other method of forcible stop is authorized or should be used. (a) Stop Stick - The Stop Stick system is a device that can be used to safely terminate pursuits. It consists of several sharp metal spikes that are held upright as they are deployed across a highway. When a vehicle passes over the system, the hollow spikes penetrate, break off from the system, and remain in the tire thereby causing deflation at a controlled rate. The stop stick should not be used in locations where specific geographic locations create an unreasonable risk of injuries pursuant to departmental training. (a) The stop stick system will be carried and maintained in patrol vehicles and should be deployed with supervisor approval whenever possible. (b) The stop stick system will be deployed pursuant to the manufacturer's specifications and in a manner consistent with training and this departments use of force policy. (b) Pursuit Immobilization Technique - The Pursuit Immobilization Technique (PIT) is a method to reduce risks in bringing pursuits to a conclusion. PIT is a forced rotational vehicle stop of a non-compliant suspect in an effort to end the suspects flight. Officers operating SUV -style vehicles or motorcycles shall not use PIT. Use of the PIT technique on vehicles with a high center of gravity (SUV, Pickups) is strongly discouraged. PIT shall not be performed on motorcycles. Only officers who have been properly trained in PIT are authorized to utilize the technique. 1. Sight assessment for Use of PIT is crucial when considering the use of PIT. Prior to executing a PIT maneuver, officers should consider features in the surrounding area, such as: (a) Blind curves (PIT works best in curves, but should not be executed when the officer believes the visibility is significantly compromised (b) Bridge abutments (c) Major obstacles on road sides (Canals or Culverts) (d) Oncoming Traffic (e) Pedestrian Traffic (f) Areas adjacent to paved roads with large elevation change 2. Pit -Under 40 Miles Per Hour: Vehicle Pursuits - 97 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits (a) PIT maneuvers executed at less than 40 miles per hour may be executed at the discretion of the pursuing officer. If executed at less than 40 miles per hour, PIT may be used under the following conditions: 1. After less intrusive methods have either been tried or considered and have been judged ineffective; and 2. When the totality of the circumstances requires immediate intervention to stop a suspects fleeing vehicle. 3. PIT shall be used only to apprehend offenders whose actions indicated a serious disregard for the safety of the public or the officer(s) 3. Pit Over 40 Miles per Hour: (a) PIT maneuvers executed at speeds of 40 miles per hour and greater shall require supervisor approval, unless exigent circumstances exist. Use of PIT at higher speeds increases the risk of injury or death. (c) Roadblocks - The provisions of the Use of Force policy apply, and compliance is mandatory, when using a roadblock as a means of terminating a pursuit. 1. The use of a roadblock must be authorized by a Supervisor. Generally, a roadblock to stop a fleeing vehicle will be employed only as a last resort. If time and circumstances allow, the roadblock must comply with all requirements of Idaho Code Section 19-622. If time and circumstance do not allow for full compliance with Idaho Code 19-622, a roadblock must at a minimum be set up so that it is so that it is clearly visible and provides adequate warning to allow vehicles to come to a safe stop. 2. Occupied vehicles and private owned automobiles will not be used as barricades. (d) Intentional Intervention - The deliberate act of impacting a suspect's vehicle with another vehicle to functionally damage or otherwise force the suspect's vehicle off the road or to a stop. Intentional Intervention has an increased potential for causing serious bodily injury and or death. 1. Use of tactics such as "boxing -in" and "ramming" a vehicle will have supervisory approval whenever possible prior to initiating the tactic. 2. Officers must consider the totality of the circumstances involved in the pursuit prior to ramming a fleeing vehicle. The speed, age of the driver, any passengers, and the type of fleeing vehicle, roadway conditions and location must be considered. 314.7.4 CAPTURE OF SUSPECTS Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force, which reasonably appears necessary under the circumstances, to properly perform their lawful duties. Unless relieved by a supervisor the primary officer should coordinate efforts to apprehend the suspect following the pursuit. Officers should consider safety of the public and the involved officers when formulating plans to contain and capture the suspect. Vehicle Pursuits - 98 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Pursuits 314.8 REPORTING REQUIREMENTS The following reports should be completed to comply with appropriate local and state regulations: (a) The primary officer shall complete appropriate crime/arrest reports. (b) The Shift Supervisor shall review the officer's completed crime/arrest reports summarizing the pursuit and submit a Pursuit Review Report it to the Division Commander to evaluate the pursuit in terms of policy compliance. This pursuit report shall minimally contain the following information: 1. Date and time of pursuit 2. Length of pursuit 3. Involved units and officers 4. Initial reason for pursuit 5. Starting and termination points 6. Disposition: arrest, citation, etc. Arrestee information should be provided if applicable 7. Injuries and/or property damage 8. Medical treatment 9. Name of supervisor at scene 10. A preliminary determination, simply stating whether the pursuit appeared to be in compliance with this policy 314.8.1 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary Idaho Peace Officer Standards and Training (POST) training on pursuits, all sworn members of this department will participate no less than annually in regular and periodic training by this department addressing this policy and the importance of vehicle safety and protecting the public at all times, including a recognition of the need to balance the known offense and the need for immediate capture against the risks to officers and others. Vehicle Pursuits - 99 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual City Ordinances 315.1 PURPOSE AND SCOPE To establish guidelines and policy for the use of Meridian City Ordinances in citations and arrests. While most of the citations and arrests made by patrol officers will be for violations under Idaho State code, Meridian City Ordinances should never be overlooked. In many cases, the City Ordinances have been tailor written for certain aspects of this City. 315.2 ENFORCEMENT When an officer encounters a violation of a City Ordinance, the usual path taken to resolve the situation is either an oral warning, written warning, citation, and in some cases an arrest. As a general rule, the only time we will arrest someone and book him/her into the Ada County Jail on a City Ordinance is when there is no State Code to cover the situation. In all cases where an arrest is made on a city code, the officer should notify their immediate supervisor of the incident. City Ordinances - 100 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer Response to Calls 316.1 PURPOSE AND SCOPE This policy provides for the safe and appropriate response to emergency and non -emergency situations whether dispatched or self -initiated. 316.1.1 POLICY Often, because there are no other public or private agencies available, the public relies upon this department for assistance and advice in many routine and emergency situations. For this reason and because there is frequently a potential for crime, it is the policy of this department to make every reasonable effort to respond to calls for service as resources permit and to render such aid or advice as circumstances appear to indicate would be warranted. When appropriate, officers should refer members of the public to available resources through other public agencies or charitable organizations. 316.2 RESPONSE TO CALLS The Meridian Police Department recognizes the following radio "Code" definitions Code one- At your earliest convenience and shall obey all traffic laws. Code two - As soon as practical and should obey all traffic laws. Code three - Emergency lights and or siren and driving as authorized for an emergency vehicle by Idaho Code. Code four - The situation is under control and no further units should respond. Code two status - May be used only by the supervisor and only in extreme circumstances. Advises dispatch to automatically hold all priority one calls and only dispatch priority two and three calls. Prohibits patrol units from taking breaks, making low -priority traffic stops or engaging in other low priority activities. When a situation is not under control the officer shall either respond to the dispatch security check by saying, "Negative" or by requesting additional patrol officers and advising what level of response is appropriate. A "Negative" response shall mean that any other patrol officers who have already been dispatched to the call should continue, but no others should respond. If the officer on scene wishes for additional officers to respond, he/she should ask for them. Officers dispatched Code -3 shall consider the call an emergency response and proceed immediately. Officers responding Code -3 shall continuously operate emergency lighting equipment and or should sound the siren. Responding with emergency light(s) and siren does not relieve the officer of the duty to continue to drive with due regard for the safety of all persons. Officers who fail to use appropriate warning equipment, are not exempt from following the rules of the road nor is the driver of an authorized emergency or police vehicle relieved from the duty to drive with due regard for the safety of all persons. Officer Response to Calls - 101 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Officer Response to Calls Officers should only respond Code -3 when so dispatched or when circumstances reasonably indicate an emergency response is required. Officers not authorized to respond Code -3 shall observe all traffic laws and proceed without the use of lights and siren. Officers shall only use the Opticom system on public highways for emergency (Code -3) law enforcement purposes. 316.3 REQUESTING EMERGENCY ASSISTANCE Requests foremergency, assistance should be limited to those situations where the involved personnel reasonably believe that there is an immediate threat to the safety of officers, or assistance is needed to prevent imminent serious harm to a citizen. In any event, where a situation has stabilized and emergency response is not required, the requesting officer shall immediately notify Ada County Dispatch Center so that responding units may downgrade their response. If circumstances permit, the requesting officer should give the following information: (a) The unit number (b) The location (c) The reason for the request and type of emergency (d) The number of units required 316.4 INITIATING CODE 3 RESPONSE If an officer believes a Code -3 response to any call is appropriate, the officer shall immediately notify Ada County Dispatch Center. Generally, a minimum of two units should respond Code -3 to any situation. Should another officer believe a Code -3 response is appropriate, Ada County Dispatch Center shall be notified and the Shift Supervisor will make a determination as to whether one or more officers driving Code -3 is appropriate. 316.5 RESPONSIBILITIES OF RESPONDING OFFICER(S) Officers shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. Officers shall reduce speed at all street intersections to such a degree that they shall have complete control of the vehicle. The decision to continue a Code -3 response is at the discretion of the officer. If, in the officer's judgment, the roadway conditions or traffic congestion does not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of lights and siren at the legal speed limit. In such an event, the officer should immediately notify Ada County Dispatch Center. An officershall also discontinue the Code -3 response when directed by a supervisor. Upon receiving authorization or determining a Code -3 response is appropriate, an officer shall immediately give the location from which he/she is responding. 316.6 SUPERVISORY RESPONSIBILITIES Upon being notified that a Code -3 response has been initiated, the Shift Supervisor shall verify the following: (a) The proper response has been initiated. (b) No more than those units reasonably necessary under the circumstances are involved in the response. Officer Response to Calls - 102 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Officer Response to Calls (c) Affected outside jurisdictions are being notified as practical The Shift Supervisor shall monitor the response until it has been stabilized or terminated and assert control by directing units into or out of the response if necessary. If, in the supervisor's judgment, the circumstances require additional units to be assigned a Code -3 response, the supervisor may do so. It is the supervisor's responsibility to terminate a Code -3 response that, in his/her judgment is inappropriate due to the circumstances. When making the decision to authorize a Code -3 response, the Watch Commander or the field supervisor should consider the following: (a) The type of call (b) The necessity of a timely response (c) Traffic and roadway conditions (d) The location of the responding units 316.7 FAILURE OF EMERGENCY EQUIPMENT If the emergency equipment on the vehicle should fail to operate, the officer must terminate the Code -3 response and respond accordingly. In all cases, the officer shall notify the Shift Supervisor and Ada County Dispatch Center of the equipment failure so that another unit may be assigned to the emergency response. Officer Response to Calls - 103 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Utility Knife Safety And Usage 317.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the selection, maintenance, carry, safe handling, and proper use of the police utility knife. It is the policy of the Meridian Police Department to provide guidelines on the selection of departmentally approved police duty knives an officer may carry, and how and when knives may be carried and used in order to increase officer safety, affect positive public perception, and further reduce department liability. 317.2 DEFINITIONS In the present context there are two types of knives which can be categorized as a police utility knife: a fixed blade, with a fixed blade and fixed handle, and a folding knife in which the blade mechanically folds into the handle. The folding knife is commonly referred to as a pocket knife. 317.3 PROCEDURES Authorized Use: (a) The Meridian Police Department recognizes the need for its Officers to be properly equipped to handle a wide variety of duty responsibilities. Officers may carry police utility knives as authorized by this policy and consistent with their duty assignment. (b) The police utility knife is intended solely for the purpose of carrying out the general duties and designated specialized assignments of police operations; its use as a defensive or offensive weapon is authorized only in exigent circumstances. 317.3.1 AUTHORIZED BLADES AND CARRY REQUIREMENTS (a) Police utility knives shall be secured in either a scabbard (for fixed blades) or folded and secured by a fastening device so as to ensure officer safety, knife retention, and concealment. The blade and securing device shall be carried in the least obtrusive manner possible, and consistent with the Officer's duty assignment or tactical deployment. (b) Folding blades: Folding blade utility knives shall conform to agency ? defined standards to meet the demands of work assignments as defined by departmental policy and the Chief of Police or their designee. The cutting edge of such knives shall not exceed four and one-half inches (4.5") in length as measured from blade tip to handle, unless an authorized agency commander has approved a waiver to carry an alternate blade configuration. (c) Fixed blades: Officers may carry an approved fixed blade on either load-bearing equipment in a secured manner or in any other manner consistent with job assignments and officer safety and deemed appropriate by the Chief of Police or their designee. The cutting edge of such instruments may not exceed eight inches (8") in length measured from tip to handle and must be secured in either a scabbard or other fastening device to ensure officer safety, retention, and concealment of the blade from public display. Fixed blades shall be concealed unless otherwise approved. Utility Knife Safety And Usage - 104 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Utility Knife Safety And Usage (d) Officers serving in specialized assignments, such as SWAT and Canine units may carry a utility knife of such quality and design to withstand the rigors and job responsibilities of their assignment as determined by the Chief of Police or their designee. 317.3.2 COMPLIANCE AND SAFE HANDLING (a) Compliance: All duty knives carried by MPD personnel shall comply with state law unless waived by law for police use. Additionally, all duty knives and methods of carry and concealment shall be subject to the approval of designated supervisor or command personnel. (b) Safe handling: Officers shall handle the police utility knife in an appropriate and safe manner so as to ensure the safety of themselves, their fellow officers and the general public. Officers shall not exhibit or handle the knife in a careless or alarming manner. 317.3.3 PROHIBITED USES (a) Authorized users shall not: 1. Display a knife in any offensive or threatening manner without legitimate operational justification 2. Carry a knife in any manner other than clipped in a pocket or waistband, inside the pants or vest, in a department approved sheath, or in another manner approved by the Chief of Police or his designee consistent with duty requirements. 3. Display a blade in any event other than an authorized deployment situation. 4. Carry a knife while handling prisoners in a custodial facility, except when needed for rescue, suicide prevention, or other authorized purposes as determined by supervisory officers. (b) Uses as a Weapon: 1. The police utility knife is not intended for use as a weapon and officers are discouraged from using it in this capacity. However, it may be used in defensive or offensive capacities under exigent circumstances. Under such circumstances it shall be deemed a Use of Deadly Force and is governed by the MPD's policies on Use of Force to include, but not limited to, summoning a supervisor and reporting it as a Use of Force. 2. The authorized user shall be responsible for maintenance, safe storage, and use of his or her police utility knife. Any on duty injuries must be reported to a supervisor. (c) Training: 1. This department shall ensure that all authorized user of utility knives receive a professional course of training for special duty folding and fixed blades as authorized by this department. Utility Knife Safety And Usage - 105 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program 319.1 PURPOSE AND SCOPE To establish a policy and guidelines for the use of a canine (dog) teamed with a handler. Both with the demonstrated ability, documented training, and law enforcement certification to be utilized as and perform the function of a police service canine team. This will also establish a policy for the maintenance and use of controlled substances used for canine scent detection and alert training. Further, the use of authorized canines for the purposes of the detection of odors of controlled substances is authorized by the Meridian Police Department, where such utilization would be consistent with current legal process related to the search of houses, buildings and cars. The Canine Program was established to augment police services to the Community. Highly skilled and trained teams of handlers and canines have evolved from the program and are used to supplement police operations to locate individuals, contraband and to apprehend criminal offenders. 319.2 GUIDELINES FOR THE USE OF CANINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has either committed or threatened to commit any serious offense and if any of the following conditions exist: (a) There is a reasonable belief that the individual poses an imminent threat of violence or serious harm to the public, any officer or the handler. (b) The individual is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c) The individual is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. In any such case, a standard of objective reasonableness shall be used to review the decision to use a canine in view of the totality of the circumstances. Absent reasonable belief that an individual has committed or threatened to commit a serious offense, mere flight from pursuing officers shall not serve as good cause for the use of a canine to apprehend the individual. Once the individual has been located and no longer reasonably appears to represent a threat or risk of escape, the canine should be placed in a down -stay or otherwise secured as soon as it becomes reasonably practical. 319.3 DEFINITIONS Canine Team - An officer handler and his assigned police canine. Canine Supervisor - A Sergeant charged with the direct supervisory responsibilities involving the operation of the canine unit. Canine Commander - A ranking officer usually a Lieutenant, charge with the over-all operations of the canine unit. Canine Program - 106 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program Monthly Training Log -The formatted report for tracking all the training for both the handler and the canine. Canine Usage Report form - The form used to track all law enforcement and public demonstration usage of the canine. 319.4 UNIT QUALIFICATIONS (a) At least three years of uniform experience with satisfactory work performance and disciplinary records. (b) A willingness to remain with the unit for at least five years. (c) A willingness (together with other family members) to care for and house the canine at the officers' residence with a secure outdoor area for the canine that conforms to the departmental requirements. (d) A strong desire to work with canines and a willingness to care for and train the animal. (e) The ability to pass designated physical fitness and agility test related to the tasks of canine handling. (f) Demonstrated maturity in handling of priority calls for service. 319.5 APPLICATIONS (a) The Patrol Lieutenant and the Canine Supervisor shall be responsible for the selection process and recommendation of canine handlers. (b) The Patrol Lieutenant shall forward satisfactory recommendations to the Chief of Police for his final selection. 319.6 TRAINING All departmental canines shall meet established State of Idaho and department certification requirements. Uncertified canines may not be used for canine duty. New canine handlers shall complete the prescribed canine training course and successfully meet all the course requirements. Handlers and their assigned canines shall complete and document in-service training (during duty hours) as follows: (a) Obedience training. (b) Weekly canine unit training. This training will typically include obedience, scent training and patrol training which includes bite work, muzzle work, building searches and tracking. (c) Yearly - the Canine Supervisor will arrange for annual POST recertification of the canine teams. (d) Training seminars - handlers and their assigned canines will attend training seminars, outside the normal courses of training, in furtherance of the Meridian Police Department mission. This training will be subject to approval of the Canine Supervisor and Patrol Lieutenant. 319.7 REMEDIAL TRAINING (a) The handler shall be responsible for notifying the Canine Supervisor any time the assigned canine is failing to respond to training. Canine Program - 107 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program (b) The Canine Supervisor shall review the circumstances of the failure and notify the Patrol Lieutenant. (c) The handler, Canine Supervisor, and Patrol Lieutenant shall make a determination if the failure is sufficient to remove the canine from active service until such time as the canine and handler can receive remedial training to correct the training failure. The Patrol Lieutenant shall be responsible for removing the canine from service and making a written notification to the Deputy Chief of Police. (d) Remedial training may be accomplished within the canine unit and/or with the assistance of outside police canine trainers chosen by the department. (e) Upon successful completion of the remedial training, the canine may be returned to active service upon approval of the Canine Supervisor, Patrol Lieutenant and the Deputy Chief of Police. 319.8 REPORT OF TRAINING (a) The handlers shall document all canine training. (b) The handler shall maintain a copy of their training records in the approved format for supervisory review. (c) The handler shall submit copies of their training records to the Canine Supervisor and Patrol Lieutenant on a monthly basis for review. (d) The Canine Supervisor shall maintain copies of each handler's records. These records should be maintained for the service life of the canine plus three years. 319.9 CANINE UTILIZATION (a) Canine teams are available to conduct building searches for offenders in hiding, assist in the arrest or prevent the escape of serious or violent offenders, protect officers or others from death or serious injury, track suspects, locate hidden items or evidence of a crime, and detect the presence of illicit drugs. Utilization shall be consistent with the current legal process related to the use of force, search of homes, buildings or cars. (b) Canine handlers are responsible for determining whether a situation justifies canine use and the appropriate tactical measures that should be taken. Where the on -scene supervisor disagrees with the handlers' tactical assessment, the canine unit supervisor shall be notified. Where time does not permit such notification, the decision whether or not to utilize the canine rests solely with the handler. 319.10 CANINE NARCOTIC SNIFF Canines certified in the detection of controlled substance odors may be deployed in the following situations: (a) To sniff vehicles during traffic stops. (b) To build probable cause for a search warrant. (c) Drug interdiction in public areas. (d) Searches with voluntary consent. (e) Assistance to other law enforcement agencies in the above areas. (f) Searches of private business, schools and homes that are authorized by state law and approved by the Canine Supervisor, Patrol Lieutenant or the Deputy Chief of Police or his designee. Canine Program - 108 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program 319.11 PREPARATIONS FOR UTILIZING A CANINE Prior to the use of a canine to search for or apprehend any individual, the canine handler and/or the supervisor on scene should carefully consider all pertinent information that is reasonably available at the time. The information should include, but is not limited to the following: (a) The individual's age or estimate thereof. (b) The nature of the suspected offense. (c) Any potential danger to the public and/or other officers at the scene if the canine is released. (d) The degree of resistance or threatened resistance, if any, the subject has shown. (e) The potential for escape or flight if the police dog is not utilized. (f) The potential for injury to officers or the public caused by the suspect if the canine is not utilized. As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved personnel to minimize the risk of unintended injury. 319.12 WARNINGS GIVEN TO ANNOUNCE THE USE OF A CANINE Unless it would otherwise increase the risk of injury or escape, a clearly audible warning to announce that a canine will be released if the person does not come forth, shall be made prior to releasing a canine. The canine handler, when practical, shall first advise the supervisor of his/her decision if a verbal warning is not given prior to releasing the canine. In the event of an apprehension, the handler shall document in any related report whether or not a verbal warning was given and, if none was given, the reasons why. 319.13 BUILDING SEARCHES A primary use of department canines is to locate suspects in buildings or related structures when a search of the building or structures by officers would create an unnecessary risk. These searches shall be governed by the following: (a) The building perimeter shall be secured and maintained by patrol personnel. (b) Whenever possible, the building's owner should be contacted to determine whether there may be tenants or others in the building and to ascertain the building layout. (c) When a canine building search is anticipated, a preliminary search by officers should not be conducted, as this will interfere with the canines ability to discriminate scents. (d) The on -scene field supervisor shall take the following steps in preparation for the canine search. 1. Evacuate all tenants, workers or others from the facility. 2. Request that all air conditioning, heating or other air blowing systems be shut off so as not to hinder the canines scenting ability, when requested by the canine officer. 3. The canine shall not be used to search facilities that contain substances potentially harmful to the canine unless there is an overriding risk to the human life present. 4. Before starting the search, the handler or other appropriate personnel shall loudly announce and repeat that there are police officers on the premises and Canine Program - 109 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program that a trained police canine will be released if the individual does not surrender. A reasonable amount of time shall be allowed for the suspect to respond. This warning shall be repeated on each level of all multilevel structures. 5. Upon entrance to the building, all exits should be secured and communications would be limited to those of a tactical or emergency nature. 6. When apprehending suspects in these or related circumstances, canines shall be disengaged as soon as the suspect is subdued or readily complies with directions given by officers. 7. Arrestees shall not be transported in the same vehicle with a law enforcement canine, unless alternative transportation is not available and immediate transport is essential for safety or security reasons. 319.14 AREA SEARCH/TRACKING Police canines are authorized to locate suspects or to locate evidence that the officer has reason to believe has been abandoned or hidden in a specified and open area. Such searches are subject to the following conditions. (a) When officers are pursuing suspects and contact with the suspect is lost, the officer, prior to summoning a canine team shall: Stop and determine the locations where the suspect was last seen. 2. Shut off engines of vehicles in the area if possible. 3. Avoid vehicle or foot movement in the area where the suspect was last seen. (b) Canine teams should not be used to locate small children unless there is reasonable suspicion of foul play or a belief that serious bodily harm or death will occur if the child is not located immediately. (c) Canine teams should not be used to apprehend anyone suspected to be under the influence of drugs or alcohol, if no other crime is involved, or the mentally disturbed, if there is no crime involved. 319.15 ON SCENE FIELD SUPERVISOR DUTIES (a) Secure the perimeter of the area to be searched. (b) Secure the integrity of the area to be searched by keeping all personnel from the area. (c) Protect all items of clothing that may be used for scent detection. 319.16 CROWD CONTROL Canine teams shall not be used for crowd control at peaceful demonstrations. Canine teams may be used for crowd control upon approval of the patrol watch commander to protect life or property during a riot or other major unauthorized gathering that cannot be controlled by other means. In these situations canines shall: (a) Be leashed at all times, unless no other means are available to protect an individual from serious injury. (b) Not initiate any offensive action, unless to guard against imminent loss of life or serious injury. Canine Program - 110 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program 319.17 CANINE BITES AND INJURIES Use of specially trained police canines for law enforcement use constitutes a real or implied use of force. In this, as in other cases, officers may only use that degree of force that reasonably appears necessary to apprehend or secure a suspect as governed by the departments' Use of Force policy. (a) When it has been alleged that a canine has bitten or otherwise injured an individual, whether or not in the line of duty, the handler shall complete the following: ' 1. Summon the canine supervisor to the scene. If unavailable, the field supervisor shall be summoned to the scene. 2. Examine the affected area to determine the seriousness of the bite or injury 3. Obtain medical treatment for the person. The medical personnel should examine the affected area irrespective of the perceived seriousness of the bite or injury. 4. Complete reports detailing the circumstances surrounding the incident, the identity of the individual involved and any witnesses, the extent of injuries if known and all measures taken in response to the incident. 5. Complete a Canine Activity Report and forward it to the Canine Supervisor, or in his absence, the field supervisor. (b) The Canine Supervisor, or in his absence the Field Supervisor shall: 1. Respond to the scene. 2. Insure the injured party receives all necessary medical care. 3. Arrange to transport the arrestee. 4. Insure color photographs of the affected area are taken after medical treatment. 5. Record an interview with the subject and witnesses as necessary, when possible. 6. Complete a Canine Contact Diagram. 7. Complete and forward the appropriate Use of Force form. 319.18 REPORTING OF CANINE DEPLOYMENT The handler shall submit a Canine Usage Form to the Canine Supervisor or Patrol Lieutenant when: (a) Each and every time the K-9 is used for a law enforcement function or a public demonstration. (b) The Canine Usage Form shall be considered an internal document, to be used for collecting data on the effectiveness and efficiency of a canine deployment and subject to command staff review. (c) The Canine Supervisor or Patrol Lieutenant shall maintain copies of the Canine Usage Reports on file. 319.19 CANINE USE AND CARE Police canines shall not be used for breeding, participation in shows, field trials, exhibitions or other demonstrations and for off duty employment unless authorized by the Deputy Chief of Police or his designee. Canine Program - 111 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program (a) Handlers are personally responsible for the daily care and feeding of the canines which include the following: 1. Maintenance and cleaning of the kennel and yard area where the canine is housed. 2. Provide food, water and maintain a general diet as prescribed by the departments authorized veterinarian. 3. Grooming on a daily basis, or more often, as required by weather, working conditions or other factors. 4. Daily exercise (police canines are not permitted to run at large). 5. General medical attention and maintenance of health care records. 6. When not under the direct supervision or control of the handler, the canine shall be in a secured area. (b) Where the handler is unable to perform these and related duties due to illness, injury or leave: 1. Another canine handler may be assigned to temporarily care for the dog. 2. The canine may be housed in a departmentally approved kennel when the handler is unavailable. 3. Teasing, agitating or roughhousing with a police canine is strictly prohibited unless performed as part of a training exercise. (c) A canine handler may apply to take possession of his dog when: 1. The dog is retired from duty or relieved due to injury. 2. The handler is transferred, promoted or retires and a decision is made to not retain the animal for another handler. 319.20 CANINE HANDLER INJURIES In the event of the canine handler being incapacitated, the canine must be controlled and secured. The following steps shall be taken: (a) Drive the K-9 officers patrol car to the immediate scene and open the back door of the vehicle. (b) Attempt to lure the canine into the police vehicle using the "tug -toy", which is in possession of the canine handler. (c) Attempt to contact another canine handler for assistance in controlling the animal, this may include surrounding agency K-9 handlers. (d) Attempt to contact a family member of the handler to take control of the canine. (e) Contact the Meridian Animal Control Officer for assistance. (f) Every possible effort to control the canine, including the use of a dart gun, shall be made. Destroying the canine is the last resort. 319.21 HANDLER COMPENSATION The canine handler shall be compensated for time spent in the care, feeding, grooming and other needs of the dog as provided in the Fair Labor Standards Act. The compensation shall be prescribed in the employee's Memorandum of Understanding. Canine Program - 112 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program 319.22 MEDICAL CARE OF THE CANINE All medical attention shall be rendered by the designated canine veterinarian, except during an emergency as provided in Policy Manual § 319.23.2. 319.22.1 NON -EMERGENCY MEDICAL USE Non -emergency medical care will be coordinated through the Canine Supervisor. Any indication that a canine is not in good physical condition shall be reported to the Canine Supervisor or Canine Commander as soon as practical. All records of medical treatment shall be maintained in the canine file. 319.22.2 EMERGENCY MEDICAL CARE The handler should notify the Canine Supervisor as soon as practicable when emergency medical care for the canine is required. Depending on the severity of the illness or injury, the canine should either be treated by the designated veterinarian or transported to a designated emergency veterinarian facility for treatment. If the handler and dog are out of the area, the handler may use the nearest available veterinarian. 319.23 PROTOCOL FOR NARCOTIC/ODOR DETECTION CANINE TRAINING AIDS The Meridian Police Department recognizes the need to obtain and maintain samples of controlled substances for the purposes of training and verifying the abilities of the department's narcotics detection canines. Therefore, the following protocol is established for the use, handling, inventory and control of controlled substances and paraphernalia used as training aids. The following protocol establishes the department's policy regarding the use of controlled substances as canine training aids, establishes integrity guidelines for inventory and control, and sets responsibilities for the handling of the controlled substances used as training aids. Controlled substances identified as training aids are authorized for use by department canine handlers in accordance with the following procedures 319.24 DEFINITIONS Controlled Substances -will refer to Methamphetamine, Cocaine, Heroin, Marijuana, Spice and Ecstasy. Paraphernalia -will refer to any item commonly used to ingest carry, conceal, or measure any of the above listed controlled substances. Training Aid -will refer to both controlled substances and paraphernalia. 319.25 ACQUISITION OF TRAINING AIDS Training aids shall be acquired from the following sources. (a) Meridian Police Department Evidence: Controlled substances and drug paraphernalia seized as the result of a criminal case may be turned over to the canine unit as a training aid when the case has been completely adjudicated and the substance/paraphernalia is no longer Canine Program - 113 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program needed as evidence of a crime. The release of such items from evidence will be coordinated with the Lead Evidence Technician/Custodian and documented on an approved departmental form. (b) Drug Enforcement Administration (DEA): Controlled Substances may be acquired from the DEA using the departments assigned "Controlled Substance Registration Certificate" following the DEA established guidelines. 319.26 MANAGEMENT OF TRAINING AIDS Training aids will be managed/controlled in the following manner: (a) All training aids will be stored in a secure location when not being used for training. Training aids not assigned to a canine handler will be secured in a fire resistant combination safe in a locked room inside Meridian Police Canine Training Center. (b) Training aids that are assigned to a canine handler will be secured in the trunk of their assigned patrol carwhen not being used for training. The training aids will be secured inside a lockable metal container that is securely fastened to the floor of the trunk. (c) All training aids allocated to the canine unit by the DEA will be maintained on a master inventory log. The master inventory log will document the type of training aid it is, its weight, packaging, and location. The master inventory log will be stored inside the combination safe located inside the Meridian Police Canine Training Center. Training aids received from Meridian Police evidence will be documented on a department approved form and transferred directly from evidence to the handler. Copies of this form will be maintained by the handler, the Canine supervisor(s), and Meridian Police Department evidence. The handler will secure the training aids in the locking safe mounted in the trunk of their assigned police vehicle at all times when not in use. If the handler's assigned vehicle will be out of their possession (maintenance or repair, use by others, etc.) the handler will secure their training aids in the safe located in the Canine building. (d) All training aids that are assigned to a canine handler will be done under the direct supervision of the canine supervisor (assigned Sergeant, Lieutenant, or designee). The canine supervisor and handler will remove the training aids from the primary safe in unison and document them accordingly on the master inventory log. The handler will maintain a separate log that documents their assigned training aids (type, weight, packaging, etc.) and the date received. (e) The canine supervisor will perform an audit of all training aids assigned to the canine unit every six months. The audit will verify that all training aids are accounted for and this audit will be documented in the master inventory log. Any discrepancies revealed by the audit will be immediately reported to the patrol commander in writing. (f) Training aids will be securely packaged in a manner consistent with the way they are commonly recovered on the street (typically plastic baggies). (g) Under no circumstances will any member of the canine unit loan or give away any training aids. (h) In the event that a training aid is lost or stolen the handler that the aid is assigned to shall immediately notify the canine supervisor. The handlerwill then pull a DR number and write a report outlining the circumstances of the loss. In the event that a training aid is damaged, the handler that the aid is issued to will notify the canine supervisor of the damage in a written memorandum. Canine Program - 114 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Canine Program (i) The stock of training aids allocated to the canine unit will be evaluated each year by the canine supervisor and canine handlers to determine if they are viable for continued training. When a training aid is deemed to be unserviceable it will be returned to the Lead Evidence Technician/Custodian for proper disposal. The transfer of the training aid will be documented on a property invoice. Q) All documents/records (logs, property invoices, etc.) generated by this protocol will be stored and maintained by the canine supervisor. All documents/records will be available for audit by the canine Lieutenant. (k) It is understood that fluctuations in humidity can result in minor changes (up & down) in the package weight of a training aid. It is also understood that over time the packaging (typically plastic bags) that training aids are contained in can develop small holes causing minor leakage ("shrinkage"). Although a handler shall vigilantly monitor the security and integrity of their assigned training aids at all times, changes in humidity and shrinkage will be considered when auditing training aids. Canine Program - 115 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Domestic Violence 320.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence. 320.1.1 DEFINITIONS Definitions related to this policy include: Court order - All forms of orders related to domestic violence, that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. 320.2 POLICY The Meridian Police Department's response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this department to facilitate victims' and offenders' access to appropriate civil remedies and community resources whenever feasible. 320.3 OFFICER SAFETY The investigation of domestic violence cases places officers in emotionally charged and sometimes highly dangerous environments. No provision of this guideline is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved. 320.4 INVESTIGATIONS (a) The following guidelines should be followed by officers when investigating domestic violence cases: 1. Calls of reported, threatened, imminent or on-going domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 911 calls. 2. When practicable, officers should obtain and document all personal identifying information, statements from the victim, the suspect and any witnesses, including children, in or around the household or location of occurrence. 3. Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up. 4. When practicable and legally permitted, video or audio record all significant statements and observations. 5. All injuries should be photographed, regardless of severity, taking care to preserve the victim's personal privacy. Where practicable, photographs should Domestic Violence - 116 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Domestic Violence be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Meridian Police Department in the event that the injuries later become visible. 6. Officers should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. 7. If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement and make an arrest or seek an arrest warrant if appropriate. (b) Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. The following factors should not be used as sole justification for declining to take enforcement action: 1. Marital status of suspect and victim 2. Whether the suspect lives on the premises with the victim 3. Claims by the suspect that the victim provoked or perpetuated the violence 4. The potential financial or child custody consequences of arrest 5. The physical or emotional state of either party 6. Use of drugs or alcohol by either party 7. Denial that the abuse occurred where evidence indicates otherwise 8. A request by the victim not to arrest the suspect 9. Location of the incident (public/private) 10. Speculation that the complainant may not follow through with the prosecution 11. The racial, cultural, social, professional position or sexual orientation of the victim or suspect 320.4.1 IF A SUSPECT IS ARRESTED If a suspect is arrested, officers should: (a) Advise the victim that there is no guarantee the suspect will remain in custody. (b) Provide the victim's contact information to the jail staff to enable notification of the victim upon the suspect's release from jail. 320.4.2 IF NO ARREST IS MADE (a) If the disturbance does not constitute a crime, advise the participants of their options, including but not limited to: 1. Voluntary separation of the disputing persons. 2. Resource referral, i.e., ministers, counselors, friends, relatives, shelter homes, victim -witness unit, etc. 3. A report shall be written if there is a reasonable belief that the dispute may recur or there is other reason for documentation. (b) In all cases of domestic disturbances: 1. Victims should be given a domestic violence pamphlet. 2. Victims should be informed of their right to seek a Protection Order. 3. Victims should be offered a courtesy transport to a safe location if appropriate Domestic Violence - 117 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Domestic Violence 320.5 VICTIM ASSISTANCE Victims may be traumatized or confused. Officers should: (a) Recognize that a victim's behavior and actions may be affected. (b) Provide the victim with the Department's domestic violence victim information handout, even if the incident may not rise to the level of crime. (c) Alert the victim to any available victim advocates, shelters and community resources. (d) Stand by for a reasonable amount of time, at the conclusion of the investigation, when an involved person requests law enforcement assistance while removing essential items of personal property from the location in order to re -locate. (e) Seek medical assistance as soon as practicable for the victim if he/she has sustained injury or complains of pain. (f) Ask the victim whether he/she has a safe place to stay. Assist in arranging to transport the victim to an alternate shelter if the victim expresses a concern for his/her safety or if the officer determines that a need exists. (g) Make reasonable efforts to ensure that children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. 320.6 PROTECTION ORDERS AND NO CONTACT ORDERS ISSUED IN OTHER STATES Various types of orders may be issued in domestic violence cases and are often called protection orders or no -contact orders. When dealing with protection orders and no contact orders, any court order properly issued by a court of another State, Indian Tribe or territory shall be enforced by officers as if it were an order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC 2265). An otherwise valid out of state protection order or no contact order shall be enforced, regardless of whether the order has been properly registered with this state. If the court order or paperwork in question does not have to deal with a domestic violence situation in which protection is being granted to a party, officers need to seek supervisor review and possibly legal advice before acting upon any court ordered issued in another state. 320.7 VERIFICATION OF COURT ORDERS Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and, where appropriate and practicable: (a) Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms and efforts to respond to the order. (b) Check available records or databases that may show the status or conditions of the order. (c) Contact the issuing court to verify the validity of the order. (d) Contact a law enforcement official from the jurisdiction where the order was issued to verify information. Domestic Violence - 118 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Domestic Violence Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed. 320.8 LEGAL MANDATES AND RELEVANT LAWS Idaho law provides for the following: 320.8.1 STANDARDS FOR ARRESTS Officers investigating a domestic violence report should consider the following: (a) Officers are authorized to make arrests for misdemeanor offenses of domestic assault or domestic battery even if not committed in their presence, if the arrest is made upon the immediate response to a report of those crimes (Idaho Code 18-918 and Idaho Code 19-603). (b) Arrests for misdemeanor offenses of a violation of a protection order, ex parte temporary protection order, or a no contact order are authorized even if not committed in the presence of an officer (Idaho Code 39-6312. Idaho Code 18-920). (c) An otherwise misdemeanor act of domestic violence may constitute a felony if the suspect has qualifying prior convictions for domestic violence. However, foreign convictions for domestic violence may not be considered by officers in elevating an arrest to a felony since only a court may determine whether a foreign conviction qualifies (Idaho Code 18-918). (d) Officers should identify anyone less than 16 years of age who may be a witness to the crime (Idaho Code 18-918). (e) A detailed description of an injury and the victim's statements regarding the injury are crucial, since the infliction of a traumatic injury may elevate a domestic battery from a misdemeanor to a felony (Idaho Code 18-918). 320.8.2 REPORTS AND RECORDS The Records Supervisor shall ensure that every report of domestic violence is forwarded to the appropriate prosecuting attorney as soon as practicable and in no case later than 10 days of making the report unless the case is under active investigation, in which case the report should be forwarded as soon as practicable (Idaho Code 39-6316). 320.8.3 SERVICE OF COURT ORDERS If an officer determines that an otherwise valid foreign protection order cannot be enforced because the subject has not been notified or served with the order, the officer shall inform the subject of the order, shall make a reasonable effort to serve the order upon the subject, and allow the subject a reasonable opportunity to comply with the order before enforcing the order (Idaho Code 39-6306A(4)). The patrol supervisor shall ensure that all court orders received for service upon a restrained person are processed and served as required by law. (Idaho Code 39-6311 and Idaho Code 18-922). 320.8.4 VICTIM TRANSPORTATION Officers shall make every effort to facilitate transportation of the victim to a hospital for treatment of injuries or to a place of safety or shelter (Idaho Code 39-6316). Domestic Violence - 119 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Prescription Drug Collection/Disposal Program 321.1 PURPOSE AND SCOPE This policy is designed to establish guidelines for the proper collection, handling, and disposal of unused medications collected through our prescription drug take back program. The Prescription Drug Take Back Program provides a safe and secure disposal location for citizens to properly dispose of their unused / unwanted medications. 321.2 OPERATING PROCEDURES This program provides an environmentally safe alternative to disposing of medications in a landfill or sewer system, which may later negatively affect the environment. This program encourages citizens to remove their unneeded medications from their homes. This reduces access to addictive and/or dangerous medications from accidental or intentional abuse by someone who may or may not be the person the drugs were prescribed too. The collection box shall be clearly marked with the agency name, agency logo, and cautionary statement. The collection box shall be locked and secured behind our police department security doors to prohibit removal of the box or retrieval of medications from within the box without the key. Citizens will be escorted back to the secure location where they can place their medications into the collection box anonymously. Syringes /sharps will not be permitted into the collection box 321.3 EMPLOYEE HANDLING PROCEDURES The Community Services Division Commander (CSD) and/or sergeant will be the sole possessors of the keys to the collection box: (a) Staff will not have access to the contents of the collection boxes. (b) Administrative staff may monitor the collection of the drop box contents with the CSD Commander and/or Sergeant. (c) The CSD Commander and/or Sergeant will assign a single case number each year for the Prescription Drug Take Back Program to track every box of medications taken in the program. This allows for tracking of data to monitor the program benefits. (d) The CSD Commander and/or Sergeant will collect the full boxes of medication from the collection box on a frequency deemed necessary, based upon usage. (e) The CSD Commander and/or Sergeant will seal the bag inside the box, and then seal the box with tape. The boxes will not be inventoried. A property sheet will be completed upon each collection and will utilize the yearly report number. The box will then be turned over to the evidence technicians to be booked into evidence and weighed. (f) The evidence technician will hold the boxes of collected medications in the evidence vault until the next medication disposal date. Prescription Drug Collection/Disposal Program - 120 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Prescription Drug Collection/Disposal Program (g) The Meridian Police Department officers will transport and witness the disposal of the collected medications at an approved incinerator site or they may be turned over to the DEA for disposal as part of a national DEA collection event. Prescription Drug Collection/Disposal Program - 121 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Search And Seizure 322.1 PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Meridian Police Department personnel to consider when dealing with search and seizure issues. 322.2 POLICY It is the policy of the Meridian Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with relevant federal and state law governing the seizure of persons and property. In accordance with the Training Policy, the department will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate. 322.3 SEARCHES The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: (a) Valid consent (b) Incident to a lawful arrest (c) Legitimate community caretaking interests (d) Vehicle searches under certain circumstances (e) Exigent circumstances Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law. Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. 322.4 SEARCH PROTOCOL Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit: Search And Seizure - 122 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Search And Seizure (a) Members of this department will strive to conduct searches with dignity and courtesy. (b) Officers should explain to the person being searched the reason for the search and how the search will be conducted. (c) Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre -search condition. (d) In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. (e) A search may be undertaken of a member of the opposite sex when it is not practical to summon an officer of the like sex. In these instances the officers will adhere to the following guidelines: 1. Another officer or a supervisor should witness the search. 2. The officer should not search areas of the body covered by tight -fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 322.5 DOCUMENTATION It is allowable for officers to document consent searches that yield no contraband nor require enforcement action to be documented in audio recording format only. When documentation is necessary at minimum, it will include the following: (a) Reason for the search (b) Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys) (c) What, if any, injuries or damage occurred (d) All steps taken to secure property (e) The results of the search, including a description of any property or contraband seized (f) If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and department policy have been met. Search And Seizure - 123 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Temporary Custody of Juveniles 324.1 PURPOSE AND SCOPE This policy provides guidelines and requirements for the detention and disposition of juveniles taken into temporary custody by members of the Meridian Police Department. 324.1.1 JUVENILE DIVISION The Juvenile Section, including the School Resource Officers, will handle most crimes involving juveniles and school related enforcement actions. Enforcement actions taken by officers in patrol involving juvenile related crime will be routed to the Juvenile Section for final disposition or follow-up. When a juvenile is taken into custody by patrol during hours when the Juvenile Section personnel are unavailable, copies of the reports shall be routed to the Juvenile Section for follow up at the earliest convenience. 324.1.2 DUTIES AND RESPONSIBILITIES The Juvenile Section has primary responsibility for the education, prevention, and enforcement of juvenile crime and employs a multifaceted approach. School Resource Officer have the following areas of responsibility: (a) Education and prevention classes for students and school staff. (b) Enforcement of criminal acts and status offenses occurring in the schools. (c) Counseling and mediation with parents and juveniles. (d) Security and risk assessment of school facilities. (e) Mentoring of troubled youth. (f) Other duties as requested. 324.2 PROTECTIVE CUSTODY An officer is authorized, under certain circumstances to take protective custody of a minor. This type of custody is known as shelter care because it is a type of custody not related to an offense by the minor. An officer may take a juvenile into protective custody in the following circumstances: (a) When the prompt removal is necessary to prevent serious physical or mental injury of a child, when the child's condition or surroundings reasonably appear to be such as to jeopardize the child's welfare. (b) When the juvenile court, by order endorsed on the summons as provided in Idaho Code 16-1606 and 16-1611 or otherwise, has ordered that the child be taken into protective custody. (c) When a child is abandoned. Protective custody shall not be deemed an arrest so far as the child is concerned, and the officertaking a child into protective custody has all the privileges and immunities of an officer making an arrest. Temporary Custody of Juveniles - 124 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Temporary Custody of Juveniles 324.2.1 PLACE OF DETENTION, RECORD PARENTAL NOTICE REQUIRED A child or ward may not be detained at any time in a jail, prison or any other place where adults are detained unless the offense falls under Idaho Code 20-509 . Idaho Code 20-508 outlines waiver of jurisdiction and transfer to other courts. When temporarily held at the Meridian Police Department the juvenile will not be held with adults. The officer shall create a report with regards to children taken into protective custody and shall promptly notify the Department of Health & Welfare and the Criminal Investigation Division. As soon as practicable after the child is taken into custody, the person taking the child into custody shall notify the child's parent, guardian, or other person responsible for the child. The notice shall inform the parent, guardian, or other person of the action taken and the time and place of the shelter care hearing. 324.2.2 RELEASE OF THE CHILD INTO PROTECTIVE CUSTODY The child is released to the custody of the Idaho Department of Health and Welfare. 324.2.3 REPORT REQUIRED WHEN CHILD TAKEN INTO CUSTODY When an officer takes a juvenile into protective custody a report will be made detailing the circumstances and action taken. 324.3 CUSTODY An officer may take a youth into custody in the following circumstances: (a) When, if the youth were an adult, the youth could be arrested for probable cause without a warrant. (b) When the Juvenile Court, by order endorsed on the Summons, has ordered that the youth be taken into custody (such as a detention order). In lieu of taking the youth into custody, an officer may issue a citation for traffic, fish and game, waterway, alcohol and tobacco violations. In any case where a juvenile is taken into custody for law/code violations the officer should consider promptly advising the juvenile of his/her rights to ensure admissibility of any statements that are made. 324.3.1 NOTICE TO PARENTS As soon as practical after the youth is taken into custody, the officer shall notify the youth's parents, guardian, or other person responsible for the youth. 324.3.2 RELEASE OF YOUTH TAKEN INTO CUSTODY The officer taking the youth into custody shall release the youth to the custody of the youth's parents, guardian, or other responsible person in this state, except in the following cases: (a) When the court has issued a warrant of arrest/detention against the youth. (b) When the officer taking the youth into custody has probable cause to believe that the welfare of the youth or others may be endangered by the release of the youth. (c) When and arrest based on probable cause is made and the youth is booked into the Ada County Juvenile Detention Center. Temporary Custody of Juveniles - 125 2012/10/15 © 1995-2012 Lexpol, LLC Meridian Police Department Policy Manual Temporary Custody of Juveniles 324.3.3 PROCEDURE WHEN YOUTH IS NOT RELEASED If a youth is taken into custody and not released to the parent, guardian, or other responsible person and the Juvenile Court has not instructed the youth to be released to a person authorized by the court to effect disposition of the youth, then the officer shall take the youth to the Juvenile Detention Facility or shelter care or public or private agency designated by the court and thereafter notify the court that the youth has been taken into custody. 324.3.4 REPORT REQUIRED WHEN YOUTH TAKEN INTO CUSTODY Except where the youth is taken into custody pursuant to an order of the court, the officer taking the youth into custody shall promptly complete a report detailing the circumstances and actions taken. A copy of the completed report shall be sent to the Juvenile Prosecuting Attorney's Office and this department's Juvenile Unit. 324.4 JUVENILE CONTACTS AT SCHOOL FACILITIES Absent exigent circumstances, officers should make every reasonable effort to notify responsible school officials prior to contacting a student on campus while school is in session. (a) Reasonable efforts should be taken to coordinate with school officials to minimize disruption of school functions and maintain a low profile police presence when contacting a student. (b) Whenever circumstances warrant the temporary detention or formal interview of a juvenile student on campus, the officer should: 1. When practical and when it would not unreasonably interfere with the investigation, take all reasonable steps to notify a parent, guardian, or responsible adult, including those phone numbers listed on any contact card on file with the school or provided by the student. All efforts to make contact with parents and/or reasons contact was not attempted should be documented. 2. If efforts to contact a parent, guardian or responsible adult are unsuccessful or not attempted, a formal interview with the juvenile may proceed without them. Upon the request of the juvenile, a school official or lawyer may be present during the interview in lieu of a parent. 3. If contacted, the selected parent or other responsible adult should be permitted to be present during any interview or provide oral consent for the interview to proceed in his/her absence. A student may select a responsible school official in the absence of a parent or guardian. (a) An adult suspected of child abuse or other criminal activity involving the juvenile, or an adult, who in the opinion of the officer appears to be under the influence or otherwise unable or incompetent to exercise parental rights on behalf of the juvenile, will not be permitted to be present. (b) If the officer reasonably believes that exigent circumstances exist which would materially interfere with the officer's ability to immediately interview the juvenile, the interview may proceed without the parent or other responsible adult. In such circumstances, the exigent circumstances should be set forth in a related report. Any juvenile student who is a suspected victim of child abuse shall be afforded the option of being interviewed in private or selecting any qualified available adult member of school staff to be present. The purpose of the staff member's presence is to provide comfort and Temporary Custody of Juveniles - 126 2012/10/15 © 1995-2012 Lexpol, LLC Meridian Police Department Policy Manual Temporary Custody of Juveniles support and such staff member shall not participate in the interview. The selection of a staff member should be such that it does not burden the school with costs or hardship. Absent exigent circumstances or authority of a court order, officers should not involuntarily detain a juvenile who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian. In all such cases officers should adhere to guidelines and requirements set forth in Policy § 330 Child Abuse Reporting. 324.5 RELEASE OF INFORMATION CONCERNING JUVENILES Court decisions and legislation have combined to carefully specify situations in which information may be given out or exchanged when a case involves a juvenile. Officers shall not divulge any information regarding juveniles in situations where they are uncertain of the legal authority to do so. 324.6 ADDITIONAL CONSIDERATIONS PERTAINING TO JUVENILES 324.6.1 DISCIPLINE OF JUVENILES IN CUSTODY No discipline shall be administered by Police Department personnel while a juvenile is in their care or custody. 324.6.2 CURFEW VIOLATIONS Juveniles detained for curfew violations may be released in the field or brought to the station but should only be released to their parent, legal guardian, or responsible adult. 324.7 INTOXICATED AND SUBSTANCE ABUSING MINORS (a) Juveniles who are arrested while intoxicated may be at risk for serious medical consequences, including death. Examples include acute alcohol poisoning, seizures and cardiac complications of cocaine, markedly disordered behavior related to amphetamines or hallucinogenic drugs, and others. 1. A medical clearance shall be obtained prior to detention of juveniles at the Meridian Police Department when the juvenile displays outward signs of intoxication or is known or suspected to have ingested any substance that could result in a medical emergency. In addition to displaying outward signs of intoxication, the following circumstances require a medical evaluation: (a) Known history of ingestion or sequestration of a balloon containing drugs in a body cavity (b) Minor is known or suspected to have ingested any substance that could result in a medical emergency (c) A juvenile who is intoxicated to the level of being unable to care for him or herself (d) An intoxicated juvenile whose symptoms of intoxication are not showing signs of improvement (e) Juveniles undergoing acute withdrawal reactions shall immediately be transported to a medical facility for examination by a physical 2. Juveniles with lower levels of alcohol in their system may not need to be evaluated. An example is a juvenile who has ingested one or two beers would not normally meet this criterion Temporary Custody of Juveniles - 127 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Temporary Custody of Juveniles (b) A juvenile detained and brought to the Meridian Police Department who displays symptoms of intoxication as a result of alcohol or drugs shall be handled as follows: 1. Observation of juvenile's breathing to determine that breathing is regular. Breathing should not be erratic or indicate that the juvenile is having difficulty breathing. 2. Observation of the juvenile to ensure that there has not been any vomiting while sleeping and ensuring that intoxicated juveniles remain on their sides rather than their backs to prevent the aspiration of stomach contents. 3. An arousal attempt to ensure that the juvenile will respond to verbal or pressure stimulation (shaking to awaken). This is the most important monitoring procedure. (c) Personal observation shall be conducted on a frequent basis while thejuvenile is in the custody of the Meridian Police Department, and no less than once every 15 minutes until such time as the symptoms are no longer present. For juveniles held in secure detention inside a locked enclosure, officers will ensure constant audio monitoring is maintained in addition to conducting the in person visual checks. All other forms of detention require the officer to maintain constant visual supervision of the juvenile. (d) Any juvenile who displays symptoms suggestive of a deepening comatose state (increasing difficulty or inability to arouse, irregular breathing patterns, or convulsions), shall be considered an emergency. Paramedics should be called and the juvenile taken to a medical treatment facility. (e) Juveniles undergoing acute withdrawal reactions shall immediately be transported to a medical facility for examination by a physician. (f) A medical clearance is required before the juvenile is transported to Juvenile Hall if it is known that the juvenile ingested any intoxicating substances or appears to be under the severe influence of alcohol. Once the juvenile no longer displays symptoms of intoxication, the requirements in section (b) above will no longer be required. The juvenile will still be monitored on a 30 -minute basis as outlined in this policy. The juvenile will continue to be monitored as required for secure or non -secure detentions. Temporary Custody of Juveniles - 128 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vulnerable Adults 326.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with direction and understanding of their role in the prevention, detection, and intervention in incidents of abuse, exploitation, neglect or abandonment of vulnerable adults. It is the policy of the Meridian Police Department to treat reports of violence against vulnerable adults as high priority criminal activity that is to be fully investigated regardless of the relationship between the victim and the suspect(s). 326.2 DEFINITIONS For purposes of this policy, the following definitions are provided pursuant to Idaho Code 18-1505, 18-1505A and 18-15056. Vulnerable Adult -A person 18 years of age or olderwho is unable to protect himself/herself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he/she lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his/her person, funds, property or resources (Idaho Code 18-1505(4)(e)). Exploitation or Exploit - An action which may include, but is not limited to, the unjust or improper use of a vulnerable adult's financial power of attorney, funds, property or resources by another person for profit or advantage (Idaho Code 18-1505(4)(c)). Abuse - The intentional or negligent infliction of physical pain, injury or mental injury Qdaho Code 18-1505(4)(a)). Caretaker -Any individual or institution that is responsible by relationship, contract or court order to provide food, shelter or clothing, medical or other life-sustaining necessities to a vulnerable adult (Idaho Code 18-1505(4)(b)). Neglect - The failure of a caretaker to provide food, clothing, shelter or medical care to a vulnerable adult, in such a manner as to jeopardize the life, health and safety of a vulnerable adult, or the failure of a vulnerable adult to provide those services for himself (Idaho Code 18-1505(4)(d)). Sexual Abuse and Exploitation - Any person who, with the intent to arouse, appeal to, or gratify the lust, passion, or sexual desires of such person, a vulnerable adult, or a third party, commits any lewd or lascivious act, involves a vulnerable adult in any act of bestiality or sadomasochism, or causes sexual contact with a vulnerable adult not amounting to lewd conduct (Idaho Code 18-15056). Abandon - The desertion or willful forsaking of a vulnerable adult by any individual, caretaker, or entity which has assumed responsibility for the care of the vulnerable adult by contract, receipt of payment of care, any relationship arising from blood or marriage wherein the vulnerable adult has become the dependent of another or by order of a court of competent jurisdiction; provided that abandon shall not mean the termination of services to a vulnerable adult by a physician or anyone under his direct supervision, where the physician determines, in the exercise of his professional judgment, that termination of such services is in the best interests of the patient (Idaho Code 18-1505A(2)). Vulnerable Adults - 129 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Vulnerable Adults 326.3 MANDATORY REPORTING REQUIREMENTS Pursuant to Idaho Code 39-5303, the Meridian Police Department is mandated to immediately report cases of abuse, neglect, or exploitation of vulnerable adults to the Idaho Commission on Aging, d.b.a. Adult Protection. 326.4 OFFICER'S RESPONSE All incidents involving actual or suspected abuse, neglect, or exploitation of a vulnerable adult shall be fully investigated and appropriately documented. 326.4.1 INITIAL RESPONSE Entry should be immediate when it appears the destruction of evidence is imminent or a vulnerable adult's health and safety is placed in imminent danger. Imminent danger is when death or severe bodily injury could reasonably be expected to occur without intervention. When the need for an emergency entry is not evident, officers should seek supervisory approval. Officers must be prepared to provide emergency care pending the arrival of medical personnel, if not already present. 326.4.2 STABILIZE THE SITUATION Officers must quickly assess the situation in an effort to ensure the immediate safety of all persons. Officers shall also consider the following: (a) Assess and define the nature of the problem: Officers should assess the available information to determine the type(s) of abuse, exploitation, neglect or abandonment that may have taken place or the potential for abuse, exploitation, neglect or abandonment in the future that may be eliminated by our intervention. (b) Preserve the crime scene where evidence may be present: All persons should be removed from the scene until it has been photographed and processed. Any evidence such as injuries that may change in appearance should be photographed immediately. (c) Attempt to identify the victim, suspect and witnesses as well as the roles and relationships of all parties: Parties should be interviewed separately when possible. Frequently it is wrongfully assumed that vulnerable adults are incapable of accurately reporting the incident. Do not automatically discount the statement of a vulnerable adult. (d) Make on -scene arrests when appropriate: Immediate arrest of a person committing abuse, exploitation, neglect or abandonment (especially when the violator is a family member or caretaker) may leave the vulnerable adult victim without necessary support and could result in institutionalization. The effect of an arrest on the victim should be considered and weighed against the assessed risk and the competent victim's desires. The present and future safety of the victim is of utmost importance. 326.4.3 SUPPORT PERSONNEL The following persons should be considered if it appears an in-depth investigation is appropriate: (a) Patrol Supervisor (b) Detective personnel (c) Evidence collection personnel (d) Protective Services Agency personnel (e) Victim -witness coordinators Vulnerable Adults - 130 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vulnerable Adults 326.5 ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT REPORTING Every allegation of abuse, neglect, or exploitation of a vulnerable adult shall be documented. Reporting of cases of vulnerable adult abuse, neglect, and exploitation is confidential and may only be released to any person, department, agency or commission authorized to carry out the duties enumerated per Idaho Code, Chapter 53, and shall only be divulged with the written consent of the vulnerable adult or his legal representative. Further, records of investigations compiled by the commission on aging involving vulnerable adults as defined in Idaho Code 18-1505, alleged to be abused, neglected or exploited are exempt from disclosure by Idaho Code 9-3406(11). The following information should be documented in addition to the general information documented on the crime report: (a) Current location of the victim (b) Victim's condition/nature and extent of injuries, neglect or loss (c) Attending physician, if examined (d) Names of agencies and personnel requested and on scene Vulnerable Adults - 131 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Harassment and Discrimination 328.1 PURPOSE AND SCOPE To set forth the City's policy against unlawful harassment and discrimination in the workplace. It is the City of Meridian's policy to foster and maintain a work environment that is free from discrimination, intimidation, hostility or other offenses, which might interfere with work performance. All employees regardless of their status of employment, have a right to work in an environment free from intimidation, ridicule, or harassment based on gender, race, color, age, religion, national origin, physical or mental disability or current, past or future military status or any other character protected by law. The City will not tolerate harassment of any kind in its employees' day-to-day communication with co-workers or members of the public. Employees are expected to show respect for each other and the public at all times. The City requires each employee to use the procedures set forth in this policy to address any harassment/discrimination problems as soon as possible. The City strictly prohibits unlawful harassment and Discrimination as defined herein. 328.2 AUTHORITY & RESPONSIBILITY The Human Resources Director is charged with ensuring compliance by the City so as to ensure an environment free of harassment and discrimination. All employees are required to report any case of harassment or discrimination that has been received, observed, or heard of to their department head, the Director of Human Resources, or the Mayor. The department head must report the incident directly to the Human Resources Director and/or Mayor immediately. Unless otherwise unavailable, the Human Resources Director shall be charged with coordinating all related investigations and providing a final report of the conclusions to the Mayor for determination of appropriate action. 328.3 PROCEDURES AND RELATED INFORMATION Harassment Defined -In support of this policy, the City expressly prohibits any form of employee harassment based on race, religion, sex, national origin, age, disability, or an employee's status protected by state or federal law. In addition, the City has adopted a "no tolerance" policy. Improper interference with the ability of employees to perform their expected job duties will not be tolerated. Specifically, with respect to sexual harassment, the City defines sexual harassment in the following manner: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Harassment of a sexual nature can take the form of "quid pro quo" or "hostile environment." Definitions of these forms of harassment are given in the following sub -sections of this policy. Neither form of harassment will be tolerated: Harassment and Discrimination - 132 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Harassment and Discrimination (a) Quid Pro Quo: Quid pro quo is an exchange of something for something. When applied to sexual harassment, it means demanding sexual favors in return for employment benefits (e.g., compensation, benefits, special privileges, etc.). (b) Hostile Environment: This form of harassment involves behavior motivated by the target's gender that makes the workplace offensive, hostile, or intimidating, or it unreasonably interferes with an individual's work performance. 328.3.1 TYPICAL CATEGORIES Sexual harassment directed toward an employee or applicant generally falls into these categories: (Please note that by providing these examples the City is not stating that any single event listed is per se harassment, rather these examples are illustrative of conduct that can be deemed, in some circumstances, harassing). (a) Unwanted sexual advances: May include, but are not limited to, unwanted touching, advances, propositions of a sexual nature, or other conduct considered unacceptable by another individual. (b) Requests for sexual favors during work or as a condition of employment: May include, but are not limited to, pressures or requests for sexual favor accompanied by an implied or stated promise of reward (e.g., preferential treatment, additional favoritism, compensation, benefits). May also include threatening demands concerning one's employment status for refusing to do so. (c) Verbal or physical conduct of a sexual nature, or based upon a person's gender: Sexually oriented comments considered unacceptable such as those regarding an individual's body, dress or appearance, telling "dirty" or sexist jokes that are considered offensive by others, use of sexually degrading words, or any sexually -oriented comments, innuendos, or actions that offend others. (d) Sexually -oriented conduct that unreasonably interferes with work performance: This includes, but is not limited to, extending unwanted sexual attention to someone that reduces personal productivity or time available to work at assigned tasks, ogling, leering, verbal abuse, and/or sexual flirtations. (e) Creating a work environment that is intimidating, hostile or offensive because of unwanted advances, innuendos, conversations, suggestions, requests, physical contacts, or inappropriate materials of a pornographic or sexual nature. 328.3.2 UNLAWFUL NATURE OF CONDUCT Such conduct becomes illegal when it involves any of the following: (a) Submission to the conduct is explicitly or implicitly a term or condition of an individual's employment. (b) Submission or rejection of this conduct is a basis for employment decision. (c) This conduct has the purpose or effect of substantially interfering with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. 328.3.3 EMPLOYEE RESPONSIBILITY & REPORTING Any employee, who believes that he or she is subject to unlawful harassment, or observes another employee being subject to harassment or knows of such, must report the incident(s) immediately. Employees are required to report any harassment or discrimination, whether directed towards themselves or another employee to his/her immediate supervisor and department Harassment and Discrimination - 133 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Harassment and Discrimination head. If circumstances prohibit this response (e.g. the supervisor is involved in the conduct), report the behavior to the Department Head, Human Resource Director, the Mayor or any other member of management with whom the employee feels comfortable. Employees should file reports of harassment as per Section V of SOP 2.1. It is recommended that any employee who perceives harassment politely, but firmly, confront whoever is doing the harassing. Employees should state how they feel about the other person's actions and request that the person cease from his or her unwanted behavior. If the harassment continues or if an employee does not feel comfortable confronting the harassing person, he/she should report the matter immediate. It is recommended that complaints be filed in writing for documentation purposes, however, each reported case, whether verbal or in writing, will be considered seriously and investigated thoroughly. A failure by an employee to report cases of harassment may indicate a welcome relationship or environment. 328.4 POLICY ENFORCEMENT The City will actively enforce its policy against harassment. The policy applies to all conduct on the City's premises by any supervisor, manager, coworker, elected officials, associate or other member of the public, and to all conduct off the City's premises that affects an employee's work environment. If a violation of this policy has occurred, disciplinary action equal to the scope and severity of the occurrence will be taken against the offending person(s), up to and including termination. This policy applies to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training. 328.4.1 COMPLAINT INVESTIGATION All complaints will be investigated promptly. All investigations will be coordinated through the Human Resources Department. The Human Resources Director and/or the Directors designee or department head will conduct the investigation. Any outside agency or person hired to conduct an investigation must report to the Human Resources Director and the Mayor prior to initiating any investigative action. All findings along with the finished report and recommendations will be forwarded to the Mayor for action. 328.4.2 CONFIDENTIALITY All complaints will be investigated promptly. The identity of the employee making the complaint, as well as the identity of the individual accused of discrimination, will be kept as confidential as possible, consistent with a thorough and complete investigation. 328.5 STATEMENT OF NON -RETALIATION Employees may be assured that they will not be penalized in any way for reporting or filing a grievance of any nature. All complaints, which are reported to management, will be investigated promptly. The City prohibits any form of retaliation against any employee for filing a complaint under this policy or for assisting in a complaint and investigation. Please report any retaliatory conduct immediately to your supervisor and department head, Human Resources Director or the Mayor. Harassment and Discrimination - 134 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Child Abuse Reporting 330.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Meridian Police Department members are required to notify the Department of Health and Welfare of suspected child abuse. 330.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child's care or any other act that would mandate notification to a social service agency. 330.2 MANDATORY NOTIFICATION Members of the Meridian Police Department shall notify the Department of Health and Welfare when they have received a report of abuse, abandonment or neglect of a child or there is reason to believe that a child has been abused, abandoned or neglected, or an officer observes the child being subjected to conditions or circumstances which would reasonably result in abuse, abandonment or neglect (Idaho Code 16-1605(1)). For purposes of notification, abuse includes injuries without a justifiable explanation and sexual conduct (e.g., rape, molestation, incest, other sexual exploitation). Abandonment and neglect include failure to provide support, regular contact, care, subsistence, medical care, etc. (see Idaho Code 16-1602 for full definitions). 330.2.1 NOTIFICATION PROCEDURE Notification should occur as follows (Idaho Code 16-1605): (a) Notification shall be made as soon as practicable but in all cases within 24 hours to the Department of Health and Welfare. (b) The date and time of the notification shall be documented in the related report. 330.3 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: (a) Conduct interviews in child appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to child abuse investigations. (c) Present all cases of alleged child abuse to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and school administrators as needed. (e) Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate. Child Abuse Reporting - 135 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Child Abuse Reporting (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Idaho Code 16-1617). 330.4 INVESTIGATIONS AND REPORTING In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of child abuse should address, as applicable: (a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected child abuse victim was contacted. (b) The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian. (c) Any relevant statements the child may have made and to whom he/she made the statements. (d) If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (e) Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable. (f) Whether the child victim was transported for medical treatment or a medical examination. (g) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. (h) Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known. (i) Previous addresses of the victim and suspect. (j) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim's environment. All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant). 330.5 PROTECTIVE CUSTODY Before taking any child into protective custody, the officer should make reasonable attempts to contact the Department of Health and Welfare. Generally, removal of a child from his/her family, guardian or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation. Generally, members of this department should remove a child from his/her parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian, unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is delivered to the Department of Health and Welfare. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody. Child Abuse Reporting - 136 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Child Abuse Reporting Children may only be removed from a parent or guardian in the following situations: (a) When a court order has been issued authorizing the removal of the child (b) Without a court order, when a child is abandoned or endangered and prompt removal is necessary to prevent serious physical or mental injury to the child (Idaho Code 16-1608) 330.5.1 PROCEDURE When a child is taken into emergency protective custody without a court order, the officer shall immediately take the following actions (Idaho Code 16-1609): (a) Take the child to a place of approved shelter. (b) Notify the court of the action taken and the place to which the child was taken. (c) Except in the case of child abandonment, notify each of the parents, guardian or other legal custodian that the child has been taken into shelter care, the type and nature of shelter care, and that the child may be held for a maximum of 48 hours, excluding Saturdays, Sundays and holidays, and that within which time there must be a shelter care hearing pursuant to Idaho Code 16-1615. 330.5.2 SAFE HAVEN ACT PROVISIONS If a child has been abandoned pursuant to the Idaho Safe Haven Act, the investigating officer shall take protective custody of the child, immediately notify the Department of Health and Welfare and transfer the child to their custody. If the child requires medical evaluation, the child shall be left in the care of a hospital. The officer shall notify the court and prosecutor of the action taken and the location of the child (Idaho Code 39-8204). 330.6 INTERVIEWS 330.6.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should record the preliminary interview with suspected child abuse victims. Officers should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred. 330.6.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies: (a) Exigent circumstances exist, such as: 1. A reasonable belief that medical issues of the child need to be addressed immediately. 2. A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed. 3. The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger. (b) A court order or warrant has been issued. Child Abuse Reporting - 137 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Child Abuse Reporting 330.6.3 AUDIO AND VIDEO RECORDING OF INVESTIGATIVE INTERVIEWS Unless otherwise demonstrated by good cause, all investigative interviews of alleged child abuse victims should be documented by audio or video recording (Idaho Code 16-1618). 330.7 CARES EXAMINATIONS If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The officer should also arrange for the child's transportation to the appropriate medical facility. In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination. 330.8 DRUG -ENDANGERED CHILDREN A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics. 330.8.1 SUPERVISOR RESPONSIBILITIES The Criminal Investigations Division Supervisor should: (a) Work with professionals from the appropriate agencies, including the Department of Health and Welfare, other law enforcement agencies, medical service providers and local prosecutors to develop community specific procedures for responding to situations where there are children endangered by their exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b) Activate any available interagency response when an officer notifies the Criminal Investigations Division Supervisor that the officer has responded to a drug lab or other narcotics crime scene where a child is present or where evidence indicates that a child lives there. (c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the child. 330.8.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should: (a) Document the environmental, medical, social and other conditions of the child using photography as appropriate and the checklist or form developed for this purpose. (b) Notify the Criminal Investigations Division Supervisor so an interagency response can begin. 330.9 STATE MANDATES AND OTHER RELEVANT LAWS Idaho requires or permits the following: Child Abuse Reporting - 138 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Child Abuse Reporting 330.9.1 PROCESSING REPORTS AND RECORDS The Records Supervisor shall submit to the Idaho Attorney General a report of each reported child sexual abuse incident. The report shall contain such information as specified by the Attorney General (Idaho Code 67-1405(1)). 330.9.2 RELEASE OF REPORTS Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Release and Security Policy (Idaho Code 16-1626, Idaho Code 16-1629(6); Idaho Code 9-3406(2)(7)). 330.9.3 MULTIDISCIPLINARY TEAM PROTOCOLS The Criminal Investigations Division Supervisor should ensure that department members have access to the appropriate written protocols for multidisciplinary teams investigating child abuse cases (Idaho Code 16-1617). Child Abuse Reporting - 139 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Missing Person Reporting 332.1 PURPOSE AND SCOPE This policy describes the procedure for acceptance, reporting, documenting and investigating missing persons. Idaho Code 18-4509 and 18-4512, as well as 42 United States Code 5779(a) specify certain requirements relating to missing persons. 332.1.1 DEFINITIONS Missing Person - Any person whose whereabouts are unknown to the reporting party including, but not limited to, a child taken, detained, concealed, enticed away or retained by a non-custodial parent in violation of Idaho law. Missing Child - An individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as abducted or lost (Idaho Code 18-4508(2)). Runaway Child - An individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as a runaway (Idaho Code 18-4508(3)). Missing person also includes any child who is missing voluntarily, involuntarily or under circumstances not conforming to his or her ordinary habits or behavior and who may be in need of assistance. At -Risk - Includes, but is not limited to, evidence or indications of any of the following: (a) A child who is 13 years of age or younger or is out of the zone of safety for his or her age, developmental stage, or physical condition. (b) The person missing may be the victim of a crime or foul play (c) The person missing is in need of medical attention (d) The person missing has no pattern of running away or disappearing (e) The person missing may be the victim of a parental abduction (f) The person missing is mentally impaired Child - While Idaho considers a child to be a person under eighteen years of age, for purposes of this section federal law considers any person under the age of twenty-one years to be a child (42 United States Code 5779). 332.2 REPORT ACCEPTANCE All personnel shall accept any report, including any telephone report, of a missing person, including runaways, without delay and shall give priority to the handling of these reports. Officers should handle the initial missing person report. Personnel shall promptly assist any person who is attempting to make a report of a missing person or runaway. In cases involving a person at -risk or a child under 18 -years of age, the case officer will begin an investigation after an initial search by patrol personnel. In all cases involving a person at -risk or a child under 16 years of age the handling employee shall ensure that the Shift Supervisor and appropriate Criminal Investigations supervisor is notified. Missing Person Reporting - 140 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Missing Person Reporting 332.2.1 INVESTIGATION DILIGENCE Members of this department shall accept any report, including any telephonic report, of a missing person, including runaways, without delay and should give priority to the handling of these reports over the handling of reports relating to crimes involving property, or other lesser crimes/reports. The required actions include the following: (a) Make an assessment of reasonable steps to be taken to locate the person and initiate those steps, to include establishing jurisdiction. (b) Follow investigation guidelines of this department, including satisfactorily answering the key questions as outlined in the Amber Alert qualification notification process, and complete the Amber Alert process if the incident qualifies. (c) When appropriate utilize the A Child is Missing Alert Program (ACIM) to make notice to area agencies, businesses and residences to increase awareness of a missing, at -risk or endangered person. 332.3 REPORT HANDLING Missing person reports require special handling and timely notifications. A reference chart is attached at the end of this section. 332.3.1 TRANSMITTING REPORTS TO OTHER JURISDICTIONS When the Meridian Police Department takes a missing person report on a person who lives outside of this jurisdiction, the Records Section shall promptly notify and forward a copy of the report to the agencies having jurisdiction over the missing person's residence and where the missing person was last seen. If the missing person is under 14 or there is evidence that the person may be at -risk, the reports must also be forwarded within no more than 24 hours to the jurisdiction of the agency where the missing person was last seen. 332.3.2 ELECTRONIC NOTIFICATIONS Upon receiving a report of a missing or runaway child, a law enforcement agency in Idaho shall immediately enter identifying and descriptive information about the child into the National Crime Information Center (NCIC) computer (Idaho Code 18-4509(1)). When a missing person is under the age of 21, Records Section personnel shall send an electronic notification to Idaho Law Enforcement Telecommunications Systems (I LETS) and the National Crime Information Center within two hours after accepting the report (42 U.S.C. 5779(a) and 42 U.S.C. 5780(3)). 332.3.3 AT -RISK REQUIREMENTS If a missing person is under 18 -years of age and at -risk or under 12 -years of age and missing for more than 14 days, the case officer shall immediately submit to the dentist, physician/surgeon, or medical facility the signed Authorization for Disclosure of Medical, Dental, or Optical Information form. The case officer may confer with the coroner or medical examiners to review the dental, optical and medical information provided on the forms. The case officer will ensure the coded medical information is entered into NCIC as soon as possible and no later than 60 days from the original missing persons entry. ILETS has the codes for entry and anyone with NCIC privileges can enter this information once they code the information, NCIC requires updated medical information on missing persons no later than 60 days (ILETS Manual, Section 17:10:2 page 17-6) from, the first Missing Person Reporting - 141 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Missing Person Reporting entry of the missing person. ILETS will send a 30 day reminder to update missing fields on the entry. 332.3.4 MISSING MORE THAN 45 DAYS If a person is still missing after 45 -days, the case officer should: (a) Check with the Coroners) or Medical Examiners. (b) Obtain dental records for review and coding. (c) Forward coded dental records to NCIC according to ILETS protocols. (d) Obtain autopsy photographs and compare to dental records. 332.4 MISSING PERSONS LOCATED The investigation may be concluded when the missing person is located or when another agency accepts the case and formally assumes the investigative responsibilities. If a missing person under the age of 21 is located, the case officer must ensure that a teletype is sent within 24 -hours to the national crime information center noting that information (42 United States Code 5779(a)). Immediately after a missing or runaway child is returned, the law enforcement agency having jurisdiction over the investigation shall clear the entry from the national crime information center computer (Idaho Code 18-4509(5)). When all other missing persons are located, the case officer (if the case has been assigned) must ensure that a teletype is sent within seven days to the Department of Justice noting that information. If no case officer has yet been assigned Records Section personnel shall be responsible for sending the teletype. 332.5 REFERENCE CHART 332.6 SCHOOL NOTIFICATION Idaho Code 18-4509(2) requires law enforcement to notify the elementary or secondary school in which the missing child is enrolled. The school shall flag a missing child's record and immediately notify law enforcement of an inquiry or request for the missing child's records or if they have knowledge as to the whereabouts of the missing child QLh2 Code 18-4511(1)). Missing Person Reporting - 142 2012/10/15 0 1995-2012 Lexipol, LLC ENTRY INTO RADIO DRONER SUBMIT SEND SEND SCHOOL MUPS/NCIC BROADCAS HECK DISC LOSUR ENTAL PHOTO NOTICE CHILD Immediate Without delay Within 60 After 14 Within After 14 Yes "AT -RISK" days -days, 60 -days -days, (time not Immediate Immediate specified) URTE7-ffC' )7 "AT -RISK" Within Without delay Within 60 After Within 60 After A4 -days, Yes (time not 14 and over 4 -hours -days Immediate -days Immediate specified) ICHILD NOT RISK" Within hours Without delay Within 60 After , Within 60 After , Yes (time not under18 -days Immediate -days Immediate specified) Within Without delay60-d iit tn Wit as NotADULT NIA -hours d mandated ADULT NOT Within Without delay Within Wit m Not N/A"AT-RISK" 145 -days 60 -days 60 -days 60 -days mandated 332.6 SCHOOL NOTIFICATION Idaho Code 18-4509(2) requires law enforcement to notify the elementary or secondary school in which the missing child is enrolled. The school shall flag a missing child's record and immediately notify law enforcement of an inquiry or request for the missing child's records or if they have knowledge as to the whereabouts of the missing child QLh2 Code 18-4511(1)). Missing Person Reporting - 142 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Missing Person Reporting 332.7 DNA SAMPLE COLLECTION (a) In any case in which a report is taken concerning a person missing under suspected criminal circumstances, the assigned case officer shall, within no more than 30 days, inform the parents or other appropriate relatives that they may give a voluntary sample for DNA testing or may collect a DNA sample from a personal item belonging to the missing person, if available. (b) Such samples shall be collected in a manner prescribed by the investigating agency, using a standardized kit. (c) After 30 days, if the person is still missing the case officer shall submit the DNA sample and a copy of the original report and any supplemental reports to a recognized DNA lab for testing. (d) Upon receipt of the results from the lab such results will be maintained in the case file and will not be used for any other purposes without the express written authorization of the DNA donor. Missing Person Reporting - 143 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Amber Alerts 334.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 334.2 POLICY Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system's individual criteria. 334.3 RESPONSIBILITIES 334.3.1 EMPLOYEE RESPONSIBILITIES Employees of the Meridian Police Department shall notify the Shift Supervisor or Criminal Investigations Division Supervisor as soon as practicable upon learning of a situation where public notification, a warning or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person or gathering information. 334.3.2 SUPERVISOR RESPONSIBILITIES A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the Chief of Police, the appropriate Division Commander and the Public Information Officer when any public alert is generated. The supervisor in charge of the investigation to which the alert relates is responsible for the following: (a) Updating alerts (b) Canceling alerts (c) Ensuring all appropriate reports are completed (d) Preparing an after -action evaluation of the investigation to be forwarded to the Division Commander 334.4 AMBER ALERTS The Idaho AMBER AlertTM system disseminates accurate information statewide, as quickly as possible, about the disappearance of a child. The broadcast contains descriptive information that can readily identify the child and the abductor. 334.4.1 ALERT CRITERIA An AMBER Alert should only be implemented and comply with the Idaho Statewide AMBER Alert Plan in the following cases: (a) The initial investigation indicates that the child is known or suspected to have been abducted. Amber Alerts - 144 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Amber Alerts (b) The abduction occurred within 12 hours of the initial activation of an AMBER Alert. (c) The child is under 18 years of age. (d) The initial investigation indicates that the child is in imminent danger of serious bodily harm or death. (e) There must be enough descriptive information to believe that an AMBER Alert will assist in the recovery of the child and must include as much of the following information as possible: 1. Abduction location and time 2. Where the child was last seen 3. Physical and clothing description of the abducted child 4. Suspect vehicle information 5. Physical description of the suspect The missing child must be entered into the National Crime Information Center (NCIC) database. 334.4.2 PROCEDURE Upon initiation of an AMBER Alert, the Shift Supervisor or supervisor should: (a) Ensure prompt entry of information into the ILETS and NCIC databases. (b) Ensure the preparation of an initial press release that includes all pertinent information and any other available information that might aid in locating the child, such as: 1. A photograph. 2. Details regarding the location of the incident, direction of travel, or potential destinations, if known. 3. Name and telephone number of the Public Information Officer or other authorized point of contact to handle media and law enforcement liaison regarding the alert. 4. A telephone number and point of contact for the public to call with leads or information. (c) Consider the following resources or contacts if direct action is dictated by the circumstances: 1. National Center for Missing and Exploited Children (NCMEC) 800-843-5678 2. Local allied law enforcement agency resources 3. FBI local office (d) The investigation unit supervisor or other individual responsible for making notifications shall prepare and distribute follow-up press releases with updates regarding the search and investigation. Amber Alerts - 145 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Victim Assistance 336.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that crime victims and witnesses receive appropriate assistance, that they are provided with information from government and private resources, and that the agency meets all related legal mandates. 336.2 POLICY The Meridian Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The employees of the Meridian Police Department will show compassion and understanding for victims and witnesses and will make reasonable efforts to provide the support and information identified in this policy. 336.3 CRIME VICTIMS Officers should provide all victims with the applicable victim information handouts. Officers should never guarantee a victim's safety from future harm but may make practical safety suggestions to victims who express fear of future harm or retaliation. Officers should never guarantee that a person qualifies as a victim for the purpose of compensation or restitution but may direct him/her to the proper written department material or available victim resources. 336.4 VICTIM INFORMATION The Community Services Division Commander shall ensure that victim information handouts are available and current. These should include as appropriate: (a) Shelters and other community resources for victims of domestic violence. (b) Community resources for victims of sexual assault. (c) Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams (42 USC § 3796gg). (d) An advisement that a person who was arrested may be released on bond or some otherform of release and that the victim should not rely upon an arrest as a guarantee of safety. (e) A clear explanation of relevant court orders and how they can be obtained. (f) Information regarding available compensation for qualifying victims of crime. (g) VINE@ information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender's custody status and to register for automatic notification when a person is released from jail. (h) Notice regarding U -Visa and T -Visa application processes. (i) Resources available for victims of identity theft. (j) A place for the officer's name, badge number and any applicable case or incident number. Victim Assistance - 146 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Victim Assistance (k) All victim information required by Idaho Code 39-6316(2), including information about requesting the prosecuting attorney to file charges, protective orders and the right to sue for losses suffered as a result of abuse. (1) Information regarding available compensation for qualifying victims of crime (Crime Victims Compensation Program (Idaho Code 72-1001 et seq.). (m) Information to victims of domestic violence indicating thatthey may have their address protected from disclosure on their voter registration card per Idaho Code 9-340C. (n) An explanation of the rights of victims during an investigation, prosecution and disposition of a crime under Idaho Code 19-5306. 336.5 WITNESSES Officers should never guarantee a witness'safety from future harm or that his/her identity will always remain confidential. Officers may make practical safety suggestions to witnesses who express fear of future harm or retaliation. Officers should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable. Victim Assistance - 147 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Malicious Harassment 338.1 PURPOSE AND SCOPE This department recognizes and places a high priority on the rights of all individuals guaranteed under the Constitution and the laws of this state. When such rights are infringed upon by fear, intimidation, harassment, and physical harm, this department will utilize all available resources to see that justice is served under law. This policy provides members of this department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias under Idaho Code 18-7902. 338.2 DEFINITIONS Malicious Harassment- It is unlawful for any person, maliciously and with specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin, to: (a) Cause physical injury to another person, or (b) Damage, destroy, or deface any real or personal property of another person, or (c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur. For purposes of this section, deface shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission (Idaho Code 18-7902). 338.3 CRIMINAL STATUTES Idaho Code 18-7902 - Prohibits the malicious and intentional intimidation or harassment of another person because of that person's race, color, religion, ancestry, or national origin. Idaho Code 18-7902(a) - Prohibits causing physical injury to another person. Idaho Code 18-7902(b) - Prohibits damaging, destroying, or defacing any real or personal property of another person. Idaho Code 18-7902(c) - Prohibits threatening, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in Idaho Code 18-7902(a) and (b) will occur. 18 USC § 245 - Federal law also prohibits discrimination -based acts and may be considered in addition to or in lieu of state law, depending on circumstances. 338.4 PENALTIES - CIVIL AND CRIMINAL Idaho Code 18-7903: (a) Malicious harassment is punishable by imprisonment in the state prison for a period not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both. Malicious Harassment - 148 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Malicious Harassment (b) In addition to the criminal penalty provided in subsection (a) of this section, there is hereby created a civil cause of action for malicious harassment. A person may be liable to the victim of malicious harassment for both special and general damages, including but not limited to damages for emotional distress, reasonable attorney fees and costs, and punitive damages. (c) The penalties provided in this section for malicious harassment do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law. 338.5 PREVENTING AND PREPARING FOR LIKELY MALICIOUS HARASSMENT While it is recognized that not all crime can be prevented, this department is committed to taking a proactive approach to preventing and preparing for likely Malicious Harassment by among other things: (a) Officers should make an affirmative effort to establish contact with persons and groups within the community who are likely targets of Malicious Harassment to form and cooperate with prevention and response networks. (b) Monitor evolving racial and ethnic tensions. (c) Support the development of policies, practices, and procedures to respond to Malicious Harassment led by local officials and community leaders. (d) Coordinate training workshops and community dialogs between law enforcement and residents on Malicious Harassment recognition, prevention, information sharing, and education; enlist support from the community, in identifying victims and developing information sources. (e) Provide public awareness and education programs for the media and community groups on responses to Malicious Harassment. 338.6 PROCEDURE FOR INVESTIGATING MALICIOUS HARASSMENT Whenever any member of this department receives a report of a suspected Malicious Harassment or other activity that reasonably appears to involve a potential Malicious Harassment, the following should occur: (a) Officers will be promptly assigned to secure the scene and possible evidence, contact the victim, witness, or reporting party to investigate the matter further as circumstances may dictate. (b) A supervisor should be notified of the circumstances as soon as practical. (c) Once in progress aspects of any such situation have been stabilized (e.g., treatment of victims, apprehension of present suspects, etc.), the assigned officer(s) will take all reasonable steps to preserve available evidence that may tend to establish that a Malicious Harassment was involved. (d) The assigned officer(s) will interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a Malicious Harassment. The officer(s) will request the assistance of translators when needed and record if the victim and offender were from different racial, religious, ethnic/national origin, sexual orientation or gender groups. Property damage involving malicious harassment will be photographed, and any physical evidence will be collected per policy of this department. Malicious Harassment - 149 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Malicious Harassment (e) No victim of, or a witness to, malicious harassment who is not otherwise charged with or convicted of a crime under state law will be detained, arrested, or turned over to federal authorities exclusively for any actual or suspected immigration violation. The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement provisions of Title 8 of United States Code and immigration status inquiries will be referred to the local I.N.S. office. (f) Depending on the situation, the assigned officer(s) or supervisor may request additional assistance from detectives or other resources to further the investigation. (g) The assigned officer(s) will include all available evidence indicating the likelihood of Malicious Harassment in the relevant report(s). All related reports will be clearly marked as Malicious Harassment and, absent prior approval of a supervisor, will be completed and submitted by the assigned officer(s) before the end of the shift. (h) The assigned officer(s) should make reasonable efforts to assist the victim(s) by providing available information on local assistance programs and organizations and giving victim(s) police contact information so that he/she can obtain further information as the case develops. (i) The assigned officer(s) and supervisor should take reasonable steps to ensure that any such situation does not escalate further. 338.6.1 FOLLOW-UP RESPONSIBILITY If a case is assigned to the Criminal Investigations Division, the assigned detective will be responsible for following up on the reported Malicious Harassment as follows: (a) Coordinate further investigation with the Prosecuting Attorney and other appropriate law enforcement agencies, as appropriate. (b) Maintain contact with the victim(s) and other involved individuals as needed. (c) Complete a detailed report and forward a copy to the Records Section. The Records Section will maintain statistical data on suspected Malicious Harassment and report such data to the director of the Idaho State Police (Idaho Code 67-2915). 338.6.2 SUPERVISOR RESPONSIBILITIES (a) Notify a Detective Division supervisor to determine if detectives should be dispatched to the scene. (b) Ensure that a complete and detailed investigation is conducted. (c) Ensure that copies of the reports are left with the Chief of Police. 338.6.3 RECORDS MANAGEMENT Records Division personnel dealing with the UCR reports shall ensure that all hate/bias crimes are reported on the proper supplementary Hate/Bias Crime Reports and forwarded to the State of Idaho under Idaho Code 67-2915. If the Chief of Police or his designee determines that victims would benefit, he may brief members of the Community on the situation, as the law allows, and encourage support to the victim. Hate/Bias and prejudice crimes are by their very nature different than other criminal violations. All victims suffer from their crimes, but the emotional scars of hate crimes tend to run deeper. These crimes must be thoroughly and completely investigated and reported Malicious Harassment - 150 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Malicious Harassment 338.7 TRAINING All members of this department should receive training on recognition and investigation of crimes related to malicious harassment during the Field Training Officer program and during in-service training sessions. Malicious Harassment - 151 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Code of Conduct 340.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of this department and are expected of its members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning member conduct. Members are also subject to provisions contained throughout this manual as well as any additional guidance on conduct that may be disseminated by the Department or the member's supervisors. This policy applies to all employees (full- and part-time), sworn and non -sworn and volunteers. 340.2 POLICY It shall be the duty of every member of the Meridian Police Department to fully familiarize themselves with the provisions of the Meridian Police Department Policy/Procedures Manual and City Policy. Members shall conform to, and abide by, such rules and regulations, observe the laws and ordinances and render their services to the City of Meridian with enthusiasm, courage, discretion and loyalty. The continued employment of every employee of this department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure of any employee to meet the guidelines set forth in this policy, whether on- or off-duty may be cause for disciplinary action. Citizens may question the actions of police officers and department policies and wish to express their views. It is the responsibility of all officers to answer questions from citizens and attempt to satisfy their concerns. If an officer is unable to resolve the citizen's concerns and the citizen wishes to complain, the officer shall request that the citizen address the complaint with the officer's supervisor. 340.2.1 LAWFUL ORDERS Employees shall comply with lawful directives and orders from any department supervisor or person in a position of authority absent a reasonable and bona fide justification. An employee who believes any written or verbal order to be in conflict with another order or unlawful shall: (a) Immediately inform the supervisor issuing the order, the employee's immediate supervisor or the Shift Supervisor of the conflict or perceived error of the order. (b) Request clarification, guidance and direction regarding following the order. (c) Provide details explaining the grounds for the belief of the conflict or perceived error of the order. (d) Request the order in writing, absent exigent circumstances, should the conflict or perceived error be unresolved. (e) Respectfully inform the supervisor if he/she intends to disobey what he/she reasonably believes to be a conflicting or unlawful order. Code of Conduct - 152 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Code of Conduct An employee's election to disobey an order he/she believes to be unlawful is not a bar to discipline should the order be determined to be lawful. 340.3 CONDUCT THAT MAY RESULT IN DISCIPLINE Employees shall conduct themselves, whether on- or off-duty, in accordance with the Constitution of the United States, the Idaho Constitution and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. Employees shall familiarize themselves with this manual and be responsible for compliance with each of the policies contained herein. Employees should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be taken for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. The following are illustrative of causes for disciplinary action and constitute only a portion of the disciplinary standards of this department. Members shall not commit any acts or omit any acts, which constitute a violation of any of the rules, regulations, directives, orders or policies of the department, whether stated in this manual or elsewhere. Ignorance of the rules, regulations, directives, orders or policies shall not be considered as a justification for any such violation. Officers shall be responsible for their own acts, and they shall not shift to others the burden of responsibility for executing or failing to execute a lawful order or police duty. Violation of any provision of this manual may subject the member to disciplinary action, termination or criminal prosecution. 340.3.1 LAWS, RULES AND ORDERS VIOLATIONS (a) Violation of any rule, order, requirement or the failure to follow instructions contained in department or City manuals. (b) Willful disobedience to any legal order issued by any superior officer of the Department. Violation of federal, state, local or administrative laws, rules or regulations. (c) A member, when assigned to duty with other members of the department, shall be jointly responsible for compliance with rules and regulations and proper performance of duty. The department will ensure each employee has access to the code of conduct. 340.3.2 ATTENDANCE (a) Members shall not leave a job to which assigned during duty hours without reasonable excuse and proper permission and approval. (b) Members shall not have unexcused or unauthorized absence or tardiness. (c) Members shall not have excessive absenteeism or abuse leave privileges. (d) Members shall not feign illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any official of the department as to the condition of their health. 340.3.3 CONDUCT (a) Failure to abide by the standards of ethical conduct for employees, including fraud in securing appointment or hire. (b) Activity that is incompatible with an employee's conditions of employment as established by law. Code of Conduct - 153 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Code of Conduct (c) Any act on- or off-duty which brings discredit to the Department. (d) Unreasonable and unwarranted force to a person encountered or a person under arrest. (e) Use of obscene, indecent, profane or derogatory language while on -duty or in uniform to any person or intentionally antagonize any person. (f) Offer or acceptance of a bribe or acceptance of fees, gifts or money contrary to the rules of the Department and/or laws of the state. (g) Criminal, dishonest, or disgraceful conduct adversely affecting the employee/employer relationship, whether on- or off-duty. (h) Associating with orjoining a criminal gang, organized crime and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by the Department. (i) Substantiated, active, continuing association on a personal rather than official basis with persons who engage in or are continuing to engage in serious violations of state or federal laws, where the employee has or reasonably should have knowledge of such criminal activities, except where specifically directed and authorized by the Department. Q) Misappropriation or misuse of public funds, property, personnel or services. (k) Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily injury on another. (1) Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment without first notifying the Chief of Police of such action. (m) Using department resources in association with any portion of an independent civil action. These resources include, but are not limited to, personnel, vehicles, equipment and non -subpoenaed records. (n) Engaging in horseplay which reasonably could result in injury or property damage. (o) Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. (p) Failure of any employee to promptly and fully report activities on his/her part or the part of any other employee where such activities resulted in contact with any other law enforcement agency or that may result in criminal prosecution or discipline. (q) Using or disclosing one's status as an employee with the Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non -department business or activity. (r) The use of any information, photograph, video or other recording obtained or accessed as a result of employment with the Department for personal orfinancial gain or without the express authorization of the Chief of Police or authorized designee. (s) Discourteous, disrespectful, derogatorily, maliciously gossip or discriminatory treatment of any member of the public or any member of this department or the City. This would include orders or instructions issued by a ranking member of the department or members of another agency or organization. (t) Unwelcome solicitation of a personal or sexual relationship while on -duty or through the use of one's official capacity. (u) Engaging in on -duty sexual activity including, but not limited to, sexual intercourse, oral sex acts and or excessive displays of public affection or other sexual contact. Code of Conduct - 154 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Code of Conduct (v) Any other on or off-duty conduct which any employee knows or reasonably should know is unbecoming a member of the Department or which is contrary to good order, efficiency or morale or which tends to reflect unfavorably upon the Department or its members. (w) No member of this department shall address any public gathering or join any organization or make statements on radio or television programs or write articles, books or manuscripts for publication wherein he is identified as representing this department or cases adjudicated through the department unless he/she is authorized to do so by the Chief of Police. This shall not be constructed to limit a member to act as a private citizen within the law. (x) Members shall not communicate information of a critical nature concerning the department or the City to any person or agency unless a complete written report of the condition has first been submitted to and approved by the Chief of Police. (y) Members of the department shall not engage in official departmental correspondence over a signature other than that of persons who have been designated by the Chief of Police as authorized to sign their signatures to official correspondence below the printed name of the Chief of Police. (z) Departmental forms and stationery may be used for official purposes. No member will be permitted to use any form or stationery for personal correspondence. (aa) Members of this department shall not direct any personal correspondence to be sent to any official city address such as the Police Department or City Hall except as authorized by State law. (ab) No member of the department shall use city communication facilities for personal, social or otherwise unofficial purposes to the extent that it adversely affects the member's ability to perform his assigned duties. Members shall not charge personal communication costs or fees to the city or the department. (ac) Department equipment shall not be used for personal projects -reasons without the express approval of the Chief of Police or his designee. (ad) Department equipment shall not be left unattended, or unsecured so as to invite theft. Equipment is to be securely locked away or in the possession of the responsible officer at all time while on and off duty. (ae) No member of the department shall recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service or commercial service such as an attorney, counsel, ambulance service, towing service, bondsman, mortician, taxi etc. In the case of taxi, ambulance and towing service, when such service is necessary and the person needing the service is unable or unwilling to procure it or requests assistance, members shall proceed in accordance with established departmental procedures. (af) Except as necessary in the performance of official duties or where unavoidable because of family relationships, members shall avoid regular or continuous associations or dealings with any person who: Is under criminal investigation. Is under criminal indictment. Is on supervised felony probation or parole through any court. Was released from any jail, prison or other criminal holding facility with in the past year. Has criminal felony case not yet adjudicated in any court. Engages in activities that, by association would bring discredit to the member or the Meridian Police Department. Examples include, but are not limited to: Users of illegal drugs. Gang members. Exotic dancers. Strippers. Escort services. Performers in pornographic productions. Members shall not allow, or attempt to foster, a personal relationship with any person under their custody or control at any time during the Code of Conduct - 155 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Code of Conduct course of their duties. Members who believe their individual situation may put them in violation of this policy shall contact their immediate supervisor for direction. (ag) Smoking on the Meridian Police Department Campus and all department vehicles is prohibited. No member shall retain a cigarette, cigar or pipe in his/her mouth while taking to or being addressed by any member of the public. When in direct contact with the public, members must obtain permission to use tobacco from the individual with whom they are in direct contact. Members of this department shall not smoke or use other tobacco products uninvited in any residence or other location, under conditions that may be detrimental to good conduct, appearance or procedure. Members chewing tobacco or snuff shall not spit from inside the patrol units, into garbage cans, urinals, or toilets or any sidewalk, grass or parking lot. Members chewing tobacco or snuff will dispose of the saliva into a sealed container and dispose of in such a manner that it does not leak or seep out of any waste container. The only exception to this would if a member is acting in an undercover capacity as part of his/her duty or assignment. (ah) In accepting discounts, a member shall adhere to the following: Be on duty in uniform within the constraints of his/her assigned shift. Patronize several different establishments, including those not offering discounts. Arrive at every establishment with the intent and means to pay in full for all items ordered. Never ask for a discount. Members shall not accept free meals; however if unsolicited a citizen pays for a meal out of appreciation for law enforcement services the member will not be in violation of this policy. Members may accept an individual serving of non-alcoholic beverage, or coffee for free or at a reduced price if the member has offered full payment for it and such payment has been refused. In some cases, it may be corporate policy to offer police officer discounts. The member may decline the offer but if the establishment refuses to allow the member to decline, leave a tip that covers the difference between the discounted price and the full price of the meal. (ai) Members shall not mar, mark or deface any surface in any department building. No material shall be affixed to any wall or window in departmental buildings without specific authorization of the division commander. (aj) Members shall not mark, alter or deface any posted notice in the department. Notices or announcements shall not be posted on bulletin boards without permission of division commander. No notices of a derogatory nature will be posted at any time. Notices shall not be taped to windows or walls anywhere without the permission of the division commander. (ak) No member shall knowingly become a member of or connected with any subversive organization as defined by the U.S. Department of Justice, except when necessary in the performance of duty and then only under the direction of the Chief of Police or his designee. (al) Members are prohibited from buying or selling anything of value from or to any complainant, suspect, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their departmental employment except as may be specifically authorized by the Chief of Police. (am) Members should not intentionally become involved in neighborhood quarrels or disputes that are near their place of residence. Nor, if practical, should they handle calls or take enforcement action in situations involving friends or relatives. Matters requiring police attention in an officer's home neighborhood or involving friends or relatives are better handled by an impartial, on -duty officer. This section does not restrict a member from taking off-duty or on -duty action as otherwise outlined in this Manual. Code of Conduct - 156 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Code of Conduct (an) Any member who decides to run for elective office must give written notice to the Chief of Police no less than 30 days prior to filing for the election. If the Chief concludes that a conflict of interest exists which is detrimental to the good working order of the Meridian Police Department he may require the member to take unpaid leave of absence until the conclusion of the election. (ao) Members of this office shall handle all items of evidence consistent with the rules of evidence and in a manner sufficient to prevent contamination or loss of evidentiary value. Evidence must be booked into property/evidence as soon as practical and always prior to the end of the shift unless specifically authorized by that member's supervisor. (ap) Members of this department shall handle all found items not to be used as evidence by booking the items into property as soon as practical and always prior to the end of the shift unless specifically authorized by that member's supervisor. This policy refers to found property, contraband items and any controlled substance not used as evidence in a criminal case. (aq) A member may become surety or guarantor, post bond or furnish bail for himself/herself or members of his/her immediate family. Members may not become surety or guarantor, post bond or furnish bail for other persons unless such action is approved by a supervisor, and is determined that Meridian Police interests are not at stake. (ar) Members may not purchase or sell anything from or for a prisoner or confidential informant. Members may not purchase anything from a person against whom this department has a criminal charge pending or in which the member is involved in prosecution as the arresting officer, investigator or a witness. (as) Members shall not take any official action nor make any decision or recommendation if the effect of such would be to the private financial or monetary benefit of the member, their immediate family household or a business with which the member or immediate family household member is associated. If any member believes that a transaction or contemplated action may be a conflict of interest, the member shall prepare an Administrative Memorandum Report describing the matter and the nature of the potential conflict and shall forward it to his/her immediate supervisor to the Office of the Chief. Failure to transmit such a statement is a civil offense, the penalty for which may be a fine not to exceed five hundred dollars. Such failure may also result in disciplinary procedures and violation of Idaho Code (59-702, 703, 704 and 705). (at) The occurrence of an intimate relationship between fellow members assigned to the same shift/unit must be reported immediately to the Chief of Police. If a reassignment occurs joining subordinates who have established an intimate relationship while assigned to separate shifts, the involved parties must immediately report the same to the Chief of Police. The occurrence of an intimate relationship between a commander/supervisor and a subordinate member, whether or not assigned to the same shift/unit must be immediately reported to the Chief of Police. This policy shall be in addition to the City of Meridian Personnel Policy Manual, and serve as an addition to EEO concurrence. Intimate shall mean a mutually agreeable sexual encounter or relationship that may or may not lead to dating or marriage. (au) Members shall not reveal police information outside the department except as provided elsewhere in Meridian Police Department directives or as required by law or competent authority. Specifically, information contained in police records, other information, complainants, witnesses, and other persons known to police are considered confidential information. Code of Conduct - 157 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Code of Conduct (av) Stealing, altering, forging, or tampering with any police record, report or citation is prohibited. The removal of any record, card, report, letter, document, or other official file from the department, except by process of law or as directed by the Chief of Police or his designee, is prohibited and may constitute a violation of Idaho Law. Unless properly authorized, the obtaining, duplicating or attempting to obtain or duplicate information from department files, sources, or reports is prohibited. (aw) Members shall not seek in any way, nor accept from any person, money or other compensation for damages sustained or expenses incurred by them in the line of duty without first notifying the Chief of Police in writing. (ax) Members will not initiate civil litigation against a person for damages incurred during the line of duty without notice to the Chief of Police prior to filing of any claim. (ay) Members shall confer with their Division Commander and the department legal adviser before giving a deposition or affidavit on a civil case. The Division Commander shall inform the Chief of Police before the deposition or affidavit is given. (az) Any member subpoenaed to testify for the defense in any trial or hearing, or against the City of Meridian, or any department therein in any trial, shall notify his/her Division Commander upon receipt of the subpoena. The Division Commander shall notify the Chief of Police and the City attorney. (ba) Members shall not suggest, recommend, advise or otherwise counsel the retention of any attorney or bail broker to any person coming to their attention because of police business. This does not apply when a relative of the member seeks such service. In no case may such advice be given where a fee, gratuity, or reward is solicited, offered or accepted from the attorney or bail bondsman. Soliciting business for an attorney or bail bondsman shall be considered misconduct. (bb) Members shall not record other members at any time unless the recorded member consents. However, during the course of an investigation the Chief or his/her designee may authorize audio and/or video tape recordings of members without their knowledge or consent. (bc) Members who have received salary from the City of Meridian during sick leave for injury or illness sustained off duty shall notify the Chief of Police in writing of any intent to sue, solicit, or accept compensation as damages for such illness or injury. This notice shall be filed with the Chief of Police before any action is taken and shall include the facts of the claim and the name of the respondent. 340.3.4 PERFORMANCE (a) Neglect of duty may include failure to give full attention to their assigned task, leaving assigned duty station or post. (b) Unbecoming conduct both on and off duty which brings the department into disrepute, reflects discredit upon the members of the department or that which impairs the operation and efficiency of the department. (c) Insubordination as an act of defiance, disobedience, dissension or resistance to authority. Refusal or willful failure to obey a lawful order of a ranking member. By-passing a ranking member in the chain of command without good cause. (d) Unauthorized sleeping during on -duty time or assignments. (e) Unsatisfactory work performance. (f) Concealing, attempting to conceal, removing or destroying defective or incompetent work. Code of Conduct - 158 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Code of Conduct (g) The wrongful or unlawful exercise of authority on the part of any employee for malicious purpose, personal gain, willful deceit or any other improper purpose. (h) Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of the Department or subverts the good order, efficiency and discipline of the Department, or that would tend to discredit any employee thereof. (i) Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of the Department or employees thereof. Q) The falsification of any work-related records, the making of misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book or paper document. (k) Failure to disclose or misrepresenting material facts or the making of any false or misleading statement on any application, examination form or other official document, report or form, or during the course of any work-related investigation. (1) Failing to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department -related business. (m) Failing to participate in, or giving false or misleading statements, or misrepresenting or omitting material information during a polygraph examination administered (Idaho Code 44-904). (n) Carrying, while on the premises of the workplace, any firearm or other lethal weapon that is not authorized by the appointing authority. (o) The unauthorized use of any badge, uniform, identification card or other department equipment or property for personal gain or any other improper purpose. (p) The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the employee's duties (lawful subpoena fees and authorized work permits excepted). (q) Attempted or actual theft of department property, misappropriation or misuse of public funds, property, personnel or services or the property of others, or the unauthorized removal or possession of department property or the property of another person. (r) Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. (s) Unlawful gambling or unlawful betting at any time or any place, except when undertaken as part of an officer's official duties and with the express knowledge and permission of a direct supervisor. (t) Improper political activity including unauthorized attendance while on -duty at official legislative or political sessions. (u) Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on -duty, on department property or while in any way representing him/herself as a member of this department, except as expressly authorized by the City policy or the Chief of Police. (v) Engaging in political activities during assigned working hours except as expressly authorized by City policy or the Chief of Police. (w) Failure to maintain required and current licenses and or endorsement (e.g. driver's license, motorcycle). Code of Conduct - 159 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Code of Conduct (x) Establishing an inappropriate emotional, sexual or social relationship, as a result of an investigation, with a known victim, complainant, witness, suspect, person with knowledge or defendant of a department case while such case is being investigated or prosecuted. (y) Members shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced without the express approval of the Chief of Police. Members shall not authorize the use of their names, photographs or official titles which identify them as members of the department, in connection with testimonials or advertisements of any commodity, goods, wares, services or commercial enterprise with out the approval of the Chief of Police. Members shall not use their official position, official identification cards or badges for person gain, for obtaining privileges not otherwise available to them except in the performance of duty and for avoiding the consequences of illegal acts. (z) No members of this department and or members of their immediate family may not submit a bid or purchase any property auctioned by this department. (aa) Failure to appear in any court as directed by any subpoena can result in disciplinary action. (ab) No member of this department shall at any time or for any reason willfully subject any animal to cruel treatment or willfully neglect the necessary human action which the circumstances may require. (ac) No member shall make or negotiate any compromise of arrangement to allow a person to escape the penalty of the law. Also, a member shall not seek, out a friendship, to obtain any continuance or suspended sentence in any trial in court or otherwise interfere with the courts of justice. This section shall not be construed to restrict an employee from arriving at mutually productive agreements with defendants with a view to developing information about criminal activity or otherwise in the furtherance of justice when cleared by his/her supervisor and/or prosecutor. (ad) No member shall refuse to provide his/her name or Ada number to any person requesting that information, with the exception of undercover operations. If a badge number is requested, the member shall provide their Ada number. (ae) No members shall display cowardice or fail to support their fellow officers in the performance of duty. (af) Members of this office are not permitted to engage in any strike. The term "strike" includes the organized failure to report for duty, willful absence from one's position, unauthorized holidays, sickness or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment. The term also includes work "speed ups" or "slow downs" forthe purposes of inducing, influencing or coercing a change in conditions, compensation, rights, privileges or obligations of employment. 340.3.5 SAFETY (a) Knowingly failing to report any on-the-job or work-related accident or injury within 24 hours. (b) Unsafe or improper driving habits or actions in the course of employment. (c) Failure to maintain good physical condition sufficientto adequately and safely perform law enforcement duties. (d) Any personal action contributing to a preventable traffic collision, or other unsafe or improper driving habits or actions in the course of employment. (e) Failure to observe or violating department safety standards or safe working practices. Code of Conduct - 160 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Code of Conduct 340.3.6 SECURITY (a) Unauthorized and inappropriate or intentional release of designated confidential information, materials, data, forms or reports. (b) Disclosing to any unauthorized person any active investigation information. (c) Loaning, selling, allowing unauthorized use, giving away or appropriating any department badge, uniform, identification card or property for personal use, personal gain or any other improper or unauthorized use or purpose. 340.3.7 INTOXICANTS (a) Reporting for work or being at work while intoxicated or when the employee's ability to perform assigned duties is impaired due to the use of alcohol or drugs, whether legal or illegal. (b) Possession or use of alcohol at any work site or while on -duty, except as authorized in the performance of an official assignment. An employee who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on -duty performance. (c) Unauthorized possession, use of, or attempting to bring a controlled substance or other illegal drug to any work site. (d) Members while off duty, shall refrain from consuming intoxication beverages to the extent that it results in impairment, intoxication or obnoxious or offensive behavior which discredits the department or renders them unfit to report for their next regular tour of duty. (e) Members shall not store or bring into any police facility or vehicle alcoholic beverages, controlled substances, narcotics or hallucinogens except those that are held as evidence or for destruction and having been held as evidence by department policy. (f) Any alcohol or controlled substances brought onto department premises in the furtherance of any police task (training) shall by properly identified and secured as required by policy. (g) Members may possess and ingest prescribed controlled medications only under the direction of a licensed physician or dentist. While on duty, a member is not to use or be under the influence of any medication that impairs or compromises their ability to perform their regularly assigned duties and responsibilities. Members must notify their immediate supervisor of any such medications issues. 340.3.8 SUPERVISION RESPONSIBILITY Supervisors and managers are required to follow all policies and procedures and may also be subject to discipline for: (a) Failure to take appropriate action to ensure that employees adhere to the policies and procedures of this department and that the actions of all personnel comply with all laws. (b) Failure to promptly and fully report any known misconduct of an employee to his/her immediate supervisor or to document such misconduct appropriately or as required by policy. (c) The unequal or disparate exercise of authority on the part of a supervisor toward any employee for malicious or other improper purpose. Code of Conduct - 161 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Code of Conduct 340.4 DISCIPLINARY SYSTEM Discipline and grievance issues related to a member's employment with the Meridian Police Department are covered in the Policy and Procedures Manual of the City of Meridian However, as a matter of providing a guide for understanding the progression of discipline to be used in the department the following is provided. Progressive Discipline- The City of Meridian and the Meridian Police Department has a progressive disciplinary policy. Actions taken are reflective of the seriousness of the policy, rule, regulation, procedure or law violation with which the member is charged. Subsequent and further violations are cause to increase the disciplinary action the agency takes against the member. Disciplinary action may call for any of the following steps, depending on the issue and the type or nature of the offense: (a) Coaching and Counseling In cases of unacceptable performance, and prior to formal disciplinary action, supervisors are encouraged to use methods of coaching and counseling to resolve performance problems. Supervisors should clarify expectations and provide specific, measurable feedback to employees in order to improve performance. Performance counseling sessions should be documented, with information including performance agreements, documentation of performance improvement plans, and other related information. (b) Verbal Warning This is defined as an informal discussion of the employee's action and/or behavior that is stated specifically by the supervisor. The employee has the opportunity to explain his/herside of the situation, and the supervisorwill considerthat information before developing specific corrective actions. The supervisor should elicit the employee's ideas on how to resolve the issue and incorporate those whenever possible. The supervisor will specify performance agreements made, including how the employee is expected to improve, the time -frames for improvement and specific consequences for a lack of follow-through. Documentation of this verbal warning should be made by the supervisor and kept with the supervisor's work records. (c) Written Warning The same procedures of the verbal warning are recommended in this step. However, in addition, the supervisor and/or department head will prepare written documentation of this conversation for the employee and the employee's personnel file. The documentation, usually in memo form, will include the date of the conversation; the rule or policy violation specifically stated; a reference to the earlier oral warning; a statement of the specific change in the employee's performance that is expected; the time allowed for improvements; the consequences of not meeting the performance expectations; and comments the employee made during the conversation. An acknowledgment of receipt should be signed by the employee and dated; it might read, "I acknowledge that a copy of this written warning was given to me on this day." (d) Performance Improvement Plan (PIP) An employee whose performance is below expectations may have his/her performance reviewed on a schedule determined by the supervisor and/or department head. The review(s) may include a formalized written improvement plan, noting dates, expected results and responsibilities. Regardless of the outcomes of the performance improvement plan, the employee's at -will status with the City remains the same. (e) Suspension with or without pay is usually used only after a verbal and written warning has been given to the employee and no change in performance has resulted. It is often the final step before termination. The supervisor and/or department head will again confer with the employee about the disciplinary issue and will review all the Code of Conduct - 162 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Code of Conduct actions, documentation, and expectations not addressed; the employee will be asked for other information to be considered. The supervisor, department head, Human Resources and the Mayor will confer to determine appropriate action, including the duration of the suspension, and will document the entire process and conversation in memo form for the employee and the employee's personnel file. The employee will be asked to acknowledge receipt of the memo. Exempt employees will not suffer deductions from their salary for suspensions of less than one workweek. (f) Demotion An employee may be demoted to a position of lesser responsibility and salary. Depending on the position, demotion may or may not be available. For information about salary impact, refer to the Compensation policy or contact the Human Resources department. (g) Termination occurs when other remedies have failed to correct unacceptable job performance and/or when an employee commits an offense so serious in the judgment of the City that termination of employment is appropriate. The supervisor, department head, Human Resources Director and the Mayor will confer to determine when termination is required. The Mayor has total discretion on employee terminations. Note: At the Chiefs or the Discipline Boards discretion any combination of one or more progressive discipline steps can be administered against an employee if the sustained violation warrants such action. Code of Conduct - 163 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Police Department Computer Use 342.1 PURPOSE AND SCOPE Computer systems are provided to City employees with the purpose of improving the employee's ability to do their job. Computer systems owned by the City are intended for City business only. Computer systems are to be maintained by authorized personnel only, which includes the installation of software and hardware. Servers are to be maintained exclusively by Information Technology (IT) staff. Inappropriate use of computer equipment may result in disciplinary action. Users of these systems should avoid any activity using the computer systems that could result in a breach of security, compromise the financial position or create a contingent liability against the City of Meridian. 342.1.1 POLICY OBJECTIVE It is the objective of the City of Meridian's Computer Usage policy to protect the integrity and quality of City's Information Systems. Computer systems owned and operated within the City are made available to City staff to improve efficiency, effectiveness and productivity. In order to maximize the stability and longevity of the City's computer systems, it is necessary to implement guidelines for the appropriate use of the City of Meridian computer systems. 342.2 DEFINITIONS The following definitions relate to terms used within this policy: Computer System - Shall mean all computers (on-site and portable), hardware, software, and resources owned, leased, rented or licensed by the Meridian Police Department, which are provided for official use by agency employees. This shall include all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through this department or its funding. Hardware - Shall include, but is not limited to, computers, computer terminals, network equipment, modems or any other tangible computer device generally understood to comprise hardware. Software - Shall include, but is not limited to, all computer programs and applications including "shareware." This does not include files created by the individual user. All hardware and software, except those systems specifically excluded in this policy, shall be installed by Information Technology staff or by an authorized department representative. Each workstation is configured at the time it is initially installed to work in our complex networked environment. All software, network and printer access is established when the workstation is setup. Users are not to change their system's setup configuration. If you believe that your workstation's setup is configured incorrectly, you should contact Information Technology staff for assistance. Department managers or their assigned agent shall keep a record of authorized computer software for all individuals within their department. The City will utilize inventory software to maintain a current list of all software installed on City computers. Temporary File or Permanent File or File - Shall mean any electronic document, information or data residing or located, in whole or in part, whether temporarily or Police Department Computer Use - 164 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Police Department Computer Use permanently, on the system, including but not limited to spreadsheets, calendar entries, appointments, tasks, notes, letters, reports or messages. Administrator Privileges: In Windows 2000 & Windows XP administrator privileges are the authorization to install software, configure networking, defragment hard -drives and set-up printers. (Users who do not have administrative privileges are authorized to configure their desktop, screen -savers, background, create new files and e-mails, use compression software (Win -Zip, PK -Zip) and set-up your favorites on the Internet. In no way is this list of authorized uses meant to be comprehensive.) Authorized Department Representative: An individual who works either in your department or physical location who has been authorized by Information Technology and your department head to install software, printers and to provide first level computer support. This individual is appointed by the department head and is responsible for complying with all City Policies relating to the installation or hardware and software. Network Configuration: The settings specific to your workstation that enable your machine to access network servers, printers, shared file directories, Internet and e-mail. Remote Control: Remote Control in the context of this policy means to take control or another person's computer through the use of either VPN (Virtual Private Network) software. Examples of VPN software are Microsoft Terminal Service, Citrix Meta -frame, PC Anywhere or Remote Admin. Remote control includes software that tunnels through the Internet and Dial -Up software. 342.3 SYSTEM INSPECTION, MAINTENANCE OR REVIEW An employee's supervisor has the express authority to inspect or review the system, any and all temporary or permanentfiles and related electronic systems or devices, and any contents thereof when such inspection or review is in the ordinary course of his/her supervisory duties, or based on cause. When requested by an employee's supervisor, or during the course of regular duties requiring such information, a member(s) of the agency's information systems staff may extract, download or otherwise obtain any and all temporary or permanent files residing in or located in or on the system. Reasons for inspection or review may include, but are not limited to system malfunctions, problems or general system failure, a lawsuit against the agency involving the employee, or related to the employee's duties, an alleged or suspected violation of a policy of this department, or a need to perform or provide a service or information when the employee is unavailable. Only IT personnel are authorized to install, monitor and configure servers owned and operated by the City of Meridian. Non -Information Technology employees should not access Windows and Linux servers without first obtaining authorization, or receiving instruction from the Information Technology Department. Servers are the cornerstones of our networks and are responsible for maintaining our databases, data files, passwords and user accounts. Given the importance of these machines it is necessary to restrict access. 342.4 POLICE DEPARTMENT PROPERTY All information, data, documents, communications and other entries initiated on, sent to or from, through or accessed on any computer or computer system operated by the Police Department, whether downloaded or transferred originally from a computer of Police Department Computer Use - 165 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Police Department Computer Use this department, shall remain the exclusive property of this department and shall not be available for use other than by this department without the expressed authorization of an employee's supervisor. 342.5 UNAUTHORIZED USE OF SOFTWARE Employees shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes in accordance with the software company's copyright and license agreement. To reduce the risk of computer virus or malicious software infection, employees shall not install any unlicensed or unauthorized software on any computer owned or operated by this department. Employees shall not install personal copies of any software onto a computer owned or operated by this department. Any files or software that an employee finds necessary to upload onto a computer or network owned or operated by this department shall be done so only with the permission of an approved IT specialist and only after being properly scanned for malicious attachments. No employee shall knowingly make, acquire or use unauthorized copies of computer software not licensed to the agency while on agency premises or on an agency computer system. Such unauthorized use of software exposes the agency and involved employees to severe civil and criminal penalties. 342.6 PROHIBITED AND INAPPROPRIATE USE Access to department technology resources, including Internet access provided by or through this department, shall be strictly limited to department -related business activities. Data stored on, or available through department systems shall only be accessed by authorized employees who are engaged in an active investigation, assisting in an active investigation, or who otherwise have a legitimate law enforcement or department business related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. An Internet site containing information that is not appropriate or applicable to the business of this department and which shall not be intentionally accessed include, but are not limited to, adult forums, pornography, chat rooms and similar or related Web sites. Certain exceptions may be permitted with the prior approval of a supervisor as a function of an assignment. Downloaded information shall be limited to messages, mail, and data which shall be subject to audit and review by this department. No copyrighted and/or unlicensed software program files may be downloaded. Employees shall report any unauthorized access to the system or suspected intrusion from outside sources (including the Internet) to a supervisor. 342.7 COMPUTER ACCESS AND SECURITY (a) All employees have a duty to protect the system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care and maintenance of the system. (b) It is expressly prohibited for an employee to allow an unauthorized user to access the system at any time or for any reason. (c) All employees of the City of Meridian are responsible for maintaining good security practices with City computer systems, information systems and data. (d) Employees are responsible for safeguarding their passwords. Passwords should not be stored on-line or given to any employee other than your supervisor or IT personnel. Police Department Computer Use - 166 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Police Department Computer Use (e) Users of City computers should not access or utilize another employee's password. (f) Users should not modify, copy or delete files belonging to another user without first obtaining permission from the owner of the file. (g) Users should not attempt to gain access to computer resources they are not authorized to access. This includes the attempt to try and circumvent current security controls. (h) In accordance with this objective, with the exception of those authorized employees operating software as outlined in Section 2(A) 1 above, individual employees will not have Administrative Privileges on their local computer or the City network. This policy is necessary to reduce the potential of viruses and non -business related software. Password must be a minimum of six (6) characters in length and contain three of the four following variables: • Capitalized alphabetic characters. • Lowercase alphabetic characters. • Numbers. • Special characters. 342.8 USER ACCOUNTS (a) New Hires: 1. Upon notification from the HR Department, a user account will be created for all new employees. By default these employees will be given general computer access, which includes access to the Internet, public file shares, time -sheet application and e-mail. 2. The account will become active on the date the employee begins their employment. Passwords for new accounts will be provided directly to the employee or employee's supervisor. The initial password provided will be temporary and must be changed once the employee logs into the network. 3. Request for employee access to applications or resources beyond those provided to all employees must be submitted by the employee's manager/supervisor using the City Case Management software "New Employee Resource Request" form. Access will be granted based on the resource owner's approval and per the Application Access Policy. 4. Employee Separations: When an employee terminates, IT should be given as much advance notice as possible to ensure that resources are no longer available when the employee leaves. 5. Employee accounts will remain in a "disabled" state for a maximum of 30 days, at which point the account will be deleted from the system. It is the responsibility of the employee's manager/supervisor to notify IT of any resources which may be required of the terminated employee. Mainly these are files stored in the user's home drive. For employees which e-mail is archived, employee e-mail will be retained under the "City of Meridian's record retention policy." Under no circumstance will an account remain active after an employee has separated from the City. (b) Administrative Leave: 1. When an employee is placed on administrative leave, the HR department must notify the IT Department immediately to ensure the account is disabled. The IT Police Department Computer Use - 167 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Police Department Computer Use Department can place an "out of office" message on the account, until the leave is complete Police Department Computer Use - 168 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Report Preparation 344.1 PURPOSE AND SCOPE Report preparation is a major part of each officer's job. The purpose of reports is to document sufficient information to refresh the officer's memory and to provide sufficient information for follow-up investigation and successful prosecution. Report writing is the subject of substantial formalized training and on-the-job training. 344.1.1 REPORT PREPARATION Employees should ensure that reports are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned employee to complete and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. Employees who generate reports on computers are subject to all requirements of this policy. All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken. Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. Generally, the reporting employee's opinions should not be included in reports unless specifically identified as such. 344.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate approved form unless otherwise approved by a supervisor. 344.2.1 CRIMINAL ACTIVITY REPORTING When an employee responds to a call for service, or as a result of self -initiated activity becomes aware of any activity where a crime has occurred, the employee is required to document the activity. The fact that a victim is not desirous of prosecution is not an exception to documenting a report. The following are examples of required documentation: (a) In every instance where a felony has occurred, the documentation should take the form of a written crime report. (b) In every instance where a misdemeanor crime has occurred and the victim desires a report, the documentation shall take the form of a written crime report. (c) In every case where any force is used against any person by police personnel shall take the form of a written crime report. (d) All incidents involving domestic violence/verbal shall take the form of a written crime report. (e) All arrests shall take the form of a written crime report. 344.2.2 NON -CRIMINAL ACTIVITY Incidents that shall be documented using the appropriate approved report include: Report Preparation - 169 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Report Preparation (a) Any use of force against any person by a member of this department (see Use of Force Policy). (b) Any firearm discharge (see Firearms Policy). (c) Any time a person is reported missing. (See Missing Persons Reporting Policy). (d) Any found property or found evidence. (e) Any traffic collisions above minimum reporting level (see Traffic Collision Reporting Policy). (f) Suspicious incidents that may place the public or others at risk. (g) All protective custody detentions. (h) Whenever the employee believes the circumstances should be documented or at the direction of a supervisor. 344.2.3 DEATH CASES Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with Policy § 360 Death Investigations. An officer handling a death investigation should notify and apprise a supervisor of the circumstances surrounding the incident and a determination will be made on how to proceed. The following cases shall be appropriately investigated and documented using the approved report: (a) Sudden or accidental deaths. (b) Suicides. (c) Homicide or suspected homicide. (d) Unattended deaths (No physician or qualified hospice preceding death). (e) Found dead bodies or body parts. 344.2.4 INJURY OR DAMAGE BY CITY PERSONNEL Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally, reports or memorandum shall be taken involving damage to City property or City equipment. 344.2.5 MISCELLANEOUS INJURIES Any injury that is reported to this department shall require a report when: (a) Attempted suicide. (b) The injury is major/serious, whereas death could result. (c) The circumstances surrounding the incident are suspicious in nature and it is desirable to record the event. The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an employee to document any incident he/she deems necessary. 344.3 GENERAL POLICY OF EXPEDITIOUS REPORTING In general, all officers and supervisors shall act with promptness and efficiency in the preparation and processing of all reports. An incomplete report, unorganized reports or reports delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances. Report Preparation - 170 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Report Preparation 344.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS Some incidents and report forms lend themselves to block print rather than typing. In general, the narrative portion of those reports where an arrest is made or when there is a long narrative shall be typed. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for consistency. 344.3.2 GENERAL USE OF OTHER HANDWRITTEN FORMS County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent. 344.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. It shall be the responsibility of the originating officer to ensure that any report returned for correction is processed in a timely manner. 344.5 REPORT CHANGES OR ALTERATIONS Reports that have been approved by the Records Section for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Records Section may be corrected or modified by the authoring officer only with the knowledge and authorization of the reviewing supervisor. Report Preparation - 171 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual News Media Relations 346.1 PURPOSE AND SCOPE This policy provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 346.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police, however, in situations not warranting immediate notice to the Chief of Police and in situations where the Chief of Police has given prior approval, Division Commanders, Shift Supervisors and designated Public Information Officer(s) may prepare and release information to the media in accordance with this policy and the applicable law. Officers should be cautious not to release any information in relation to a case that may jeopardize an investigation or endanger a victim/witness. 346.2.1 MEDIA REQUEST (a) Any media request for information or access to a law enforcement situation shall be referred to the media representative as designated by this department, or if unavailable, to the first available supervisor. Prior to releasing any information to the media, employees shall consider the following: 1. At no time shall any employee of this department make any comment or release any official information to the media without prior approval from a supervisor or the designated media representative. 2. In situations involving multiple law enforcement agencies, every reasonable effort should be made to coordinate media releases with the authorized representative of each involved agency prior to the release of any information by this department. 3. Under no circumstance should any member of this department make any comment(s) to the media regarding any law enforcement incident not involving this department without prior approval of the Chief of Police. 4. Restricted information not authorized for release (for example, as outlined in § 346.41). (b) Information authorized for routine release includes: 1. Defendant information: Defendant's name, age, city of residence, employment, and similar identifying information unless juvenile. 2. Violations: The substance of the charge and statutes violated. 3. Agency: The identity of the investigating and/or arresting agency and the duration of the investigation. 4. Circumstances: The circumstances immediately surrounding an arrest or incident including the time and place, resistance, if any, and description of items seized at the time of arrest. 5. Victim information: The sex, age and city of residence of the victim, unless a juvenile, and unless in the opinion of the investigating officer the disclosures are not required at the time due to the state of the investigation, or the nature of the News Media Relations - 172 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual News Media Relations case, or other factors involving the safety, privacy or welfare of the victim, such as in sex crimes. 346.3 MEDIA ACCESS Authorized members of the media may be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities subject to the following conditions: (a) The media representative shall produce valid press credentials that shall be prominently displayed at all times while in areas otherwise closed to the public. (b) Reasonable effort should be made to provide a safe staging area for the media that is near the incident and that will not interfere with emergency operations or a criminal investigation. All information released to the media should be coordinated through the Public Information Officer or other designated spokesperson. (c) A tactical operation should be handled in the same manner as a crime scene, except the news media should be permitted within the outer perimeter of the scene, subject to any restrictions as determined by the supervisor in charge. Department members shall not jeopardize a tactical operation in order to accommodate the news media. 346.4 RESTRICTED INFORMATION It shall be the responsibility of the authorized employee dealing with media requests to ensure that restricted information is not inappropriately released to the media by this department. When in doubt, authorized and available legal counsel should be obtained. Examples of such restricted information include, but are not limited to: (a) Employees' confidential information (Idaho Code 9-340C). (b) Records of buildings, facilities, infrastructures and systems when the disclosure of such information would jeopardize the safety of persons or the public safety (Idaho Code 9-3406). (c) The identities of officers involved in shootings or other major incidents may only be released to the media pursuant to consent of the involved officer or upon a formal request filed and processed in accordance with the Public Records Law. (d) Confessions: The existence or content of any purported confession, admission or statement given by the defendant or his/her refusal or failure to make such statement. (e) Witness information: The name, address, identity, testimony or credibility of any prospective witnesses to the crime unless such witness has already volunteered his/her name to the media. (f) Opinions: Any opinion of the defendant's guilt or innocence or of matters relating to the merits of the case. (g) Juvenile information: The identity of persons involved in the incident or crime who are less than 18 years of age. (h) Evidentiary materials: Video tapes, tapes of lineups, photographs, interviews or confessions which are items of evidence. (i) Suspect information prior to arrest: All information unless the release would aid in capturing the suspect or if the information would warn the public of potential danger. (j) Internal investigations: All information will be confidential until released through the Legal Advisor. (k) Other information protected by Idaho Code 9-335. News Media Relations - 173 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual News Media Relations 346.4.1 RESTRICTED INFORMATION It shall be the responsibility of the authorized employee dealing with media requests to ensure that restricted information is not inappropriately released to the media by this department. When in doubt, authorized and available legal counsel should be obtained. Examples of such restricted information include, but are not limited to: (a) Employees' confidential information (Idaho Code 9-340C). (b) Records of buildings, facilities, infrastructures and systems when the disclosure of such information would jeopardize the safety of persons or the public safety Idaho Code 9-3406). (c) The identities of officers involved in shootings or other major incidents may only be released to the media pursuant to consent of the involved officer or upon a formal request filed and processed in accordance with the Public Records Law. (d) Confessions: The existence or content of any purported confession, admission or statement given by the defendant or his/her refusal or failure to make such statement. (e) Witness information: The name, address, identity, testimony or credibility of any prospective witnesses to the crime unless such witness has already volunteered his/her name to the media. (f) Opinions: Any opinion of the defendant's guilt or innocence or of matters relating to the merits of the case. (g) Juvenile information: The identity of persons involved in the incident or crime who are less than 18 years of age. (h) Evidentiary materials: Video tapes, tapes of lineups, photographs, interviews or confessions which are items of evidence. (i) Suspect information prior to arrest: All information unless the release would aid in capturing the suspect or if the information would warn the public of potential danger. (j) Internal investigations: All information will be confidential until released through the Legal Advisor. (k) Other information protected by Idaho Code 9-335. 346.4.2 REPORTS AND DOCUMENTS Requests for reports, documents, audio, video, or any other record from this department shall be made through the Public Records process. 346.4.3 INFORMATION IN A CIVIL CASE (a) Release of information relating to a civil case: The sole authority to disclose or release information concerning civil cases involving this department or its members rests with the Chief of Police and Legal Advisor. Members may not discuss any civil case involving themselves, this department or Meridian or otherwise disclose any information relating to any civil case without the specific permission of the Chief of Police. This is not to be construed to limit attorney/client relationships between a member and his attorney. News Media Relations - 174 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Court Appearance And Subpoenas 348.1 PURPOSE AND SCOPE This procedure has been established to provide for the acceptance of subpoenas and to ensure that employees appear when subpoenaed, or are available to appear in court when requested and present a professional appearance. 348.2 COURT SUBPOENAS Employees who receive subpoenas related to their employment with this department are subject to the provisions of this policy. Employees should be aware that their compliance is mandatory on all cases for which they have been properly subpoenaed, or properly notified. This policy applies to civil and criminal subpoenas. Employees are expected to cooperate with the prosecution to ensure the successful conclusion of a case. 348.2.1 SERVICE OF SUBPOENA Idaho Rules of Procedure, rule 45 controls the service of subpoenas. It provides the following: 348.2.2 ISSUANCE AND TYPES OF SUBPOENA (a) Every subpoena shall be issued by the clerk of the district court under the seal of the court or by an attorney licensed in the state and shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place specified. (b) Subpoenas can be used only to require attendance of a witness at a trial, deposition or hearing or to produce documentary evidence. (c) A subpoena to attend a deposition, trial or hearing may also command the person to whom it is directed to produce the books, papers, documents, or tangible things. 348.2.3 QUASHING A SUBPOENA The court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may: (a) Quash or modify the subpoena if it is unreasonable and oppressive, or (b) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. Consult the legal advisor if you have any question regarding subpoena's and/or a request to produce any type of documentary evidence. 348.2.4 SUBPOENA SERVICE A subpoena may be served by anyone who is not less than 18 years of age. Subpoenas issued through the Ada County Prosecutors Office (ACPA) or the Boise City Attorney's Office (BCAO) can be delivered electronically as established in current ACPA and BCAO guidelines. Members of the department shall consider this method a legal service of the subpoena and shall be required to abide by those subpoenas. Court Appearance And Subpoenas - 175 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Court Appearance And Subpoenas Subpoenas issued in printed form, either from ACPA or the BCAO and placed in the officer's mail box shall be considered a method of legal service of the subpoena and members shall be required to abide by those subpoenas. Occasionally time does not allow for the issuing of a formal subpoena and members may be contacted by the prosecutors office's with a request for attendance in court. Members shall make every effort to assist the prosecution on the occasions. All members are required to call the Ada County Prosecutors office or the Boise City Attorney's office during business hours the business day (24 hours) prior to the appearance date set by the subpoena, to confirm the case is still set for hearing. Members can also search their court cases electronically to confirm or dispel court proceeding status in instead of calling the ACPA or the Boise City Attorney's office. It is the responsibility of each member to confirm they are still required, to appear in court, pursuant to the subpoena. Members shall follow the instructions printed on subpoenas as to the date and time to call and who to contact. 348.2.5 COURT STANDBY To facilitate court standby agreements with the courts, employees are required to provide and maintain current information on their address and phone number with this department. Employees are required to notify this department within 24 -hours of any change in residence address or home phone number, and to provide accurate and reasonably reliable means or methods for contact. If an employee on standby is not at their residence, is unable to answer the documented phone number, or changes his/her location during the day, the employee shall notify the handling attorney of how he/she can be reached by telephone. Employees are required to remain on standby each day the case is trailing. In a criminal case the prosecuting attorney handling the case is the only person authorized to excuse an employee from standby status. 348.3 OTHER EMPLOYMENT-RELATED SUBPOENAS This department will compensate employees who appear in their official capacity on civil matters arising out of the employee's official duties as directed by the current Memorandum of Understanding. In such situations, this department will also reimburse any officer for reasonable and necessary travel expenses. This department will receive reimbursement for the employee's compensation through the civil attorney of record who subpoenaed the employee. To assure that the employee is able to appear when required, that the employee is compensated for such appearance, and to protect this department's right to reimbursement, employees shall follow the established procedures for the receipt of a civil subpoena. 348.3.1 CIVIL SUBPOENAS Subpoenas shall not be accepted in a civil action, in which the officer or this department is not a party, without properly posted fees. Always demand that witness fees for one day's attendance and mileage allowance be attached to the subpoena. If the subpoena is for a time when the officer is on duty the witness fee received shall be turned over to the City of Meridian. Court Appearance And Subpoenas - 176 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Court Appearance And Subpoenas 348.3.2 SUBPOENA DUCES TECUM The subpoena may command the person to whom it is directed to produce designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the testimony. 348.3.3 OUT OF STATE OR OUT OF COUNTY SUBPOENAS (a) If the action is pending out of the state, the court issuing the subpoena generally has no authority to enforce the subpoena. Employees should consult with a supervisor and/or the legal advisor in these cases. (b) An officer may be required to attend an examination only in the county wherein the resident resides or is employed or transacts business in person. Employees should discuss subpoenas received from other counties with a supervisor and/or the legal advisor. 348.4 FAILURE TO APPEAR IN COURT (a) Failure by any employee of the Meridian Police Department without adequate excuse to obey a subpoena properly served may be deemed a contempt of the court for which there are penalties provided by law, and may be grounds for discipline up to and including termination of employment. 348.5 COURT STANDBY If an employee on standby changes his/her location during the day, the employee shall notify the subpoena clerk of how he/she can be reached by telephone. Employees are required to remain on standby each day the case is trailing. In a criminal case the prosecutor handling the case is the only person authorized to excuse an employee from standby status. 348.5.1 PREPARATION FOR TESTIMONY Before the date of testifying, the subpoenaed officer shall request a copy of relevant reports and become familiar with their content in order to be prepared for court. 348.5.2 COURTROOM ATTIRE Employees shall dress in uniform or business attire. Suitable business attire for men would consist of a coat, tie, and dress pants. Suitable business attire for female employees would consist of a dress jacket, dress blouse, and skirt or slacks. 348.6 COURTHOUSE DECORUM Employees shall be punctual, observe all rules of the court in which they are appearing, refrain from tobacco use or chewing gum in the courtroom, wearing hats and shall remain alert to changes in the assigned courtroom where their matter is to be heard. Officers testifying in any of the courts in the State will be in the proper court at the proper time. If the officer is in an off-duty status, the officer is not required to be in uniform, but is required to be in business attire. Officers appearing in business attire should not display any firearms to public view. Officers that appear in court on any subpoena will be required to have the subpoena signed and dated by the prosecuting attorney. The completed subpoena will be returned the respective division subpoena box for reimbursement by the courts. Court Appearance And Subpoenas - 177 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Court Appearance And Subpoenas 348.7 OFF-DUTY RELATED SUBPOENAS Employees receiving valid subpoenas for actions taken off-duty not related to their employment with Meridian Police Department shall comply with the requirements of the subpoena. Employees receiving these subpoenas are not compensated for their appearance and arrangements for time off shall be coordinated through their immediate supervisor. 348.8 TESTIFYING AGAINST THE INTEREST OF THE PEOPLE Any member or employee who is subpoenaed to testify, who has agreed to testify, or who anticipates testifying or providing information on behalf of or at the request of any party other than the People of the State of Idaho, any County, any City, or any of their officers and employees in which any of those entities are parties, will notify their immediate supervisor without delay. The supervisor will then notify the Chief of Police/Sheriff, Prosecuting Attorney's Office in criminal cases, County Civil Counsel or City Attorney, as may be indicated by the case. This includes, but is not limited to the following situations: (a) Providing testimony or information for the defense in any criminal trial or proceeding. (b) Providing testimony or information for the plaintiff in a civil proceeding against any County, any City, or their officers and employees. (c) Providing testimony or information on behalf of or atthe request of any party other than any County, any City, or any County or City official in any administrative proceeding, including but not limited to personnel and/or disciplinary matter. 348.9 COURT APPEARANCES (a) All members are required contact the Boise City Attorney's office during business hours the business day priorto or the day of the appearance date set by the subpoena or check the case status on-line to confirm the case is still set for trial. It is the responsibility of each member to confirm they are still required, in court, pursuant to the subpoena. (b) Ada County Prosecutor. All members shall follow the instructions on subpoenas received from the Ada County Prosecutors' office regarding calling to check the case status. (c) Preliminary Hearings in most cases cannot be reset and require the officer to contact the Ada County Prosecutor the day of the hearing to confirm the status of the case. 348.10 APPEARANCE CONFLICTS If an officer has a conflict with a court appearance time or date, when subpoenaed, and feels justified in asking for a continuance of the trial, the officer should contact the Ada County Prosecutors Office and the Boise City Attorney's Office via e-mail or phone at least 30 days prior to any scheduled vacation or extended training. The e-mail shall note the members name and the dates unavailable for court, as well as the case number, defendant name and the court date listed on the subpoena. 348.11 NOTIFICATION Any officer that has been notified to be in any court will advise the Shift Supervisor upon receipt of the notification and again the day before the court appearance, so that a shift replacement may be provided for if necessary. Court Appearance And Subpoenas- 178 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Court Appearance And Subpoenas 348.12 INTERVENTION OF COURT CASES Officers shall not take part in making or negotiating any compromise or arrangement for any person with the express purpose of permitting such person to escape the penalty of law. This shall not be construed to restrict the officer, through the prosecutors' office, from arriving at a mutually productive agreement with the defendant(s) and their counsel, with a view toward developing information about criminal activity. No officer shall interfere with or alterthe prosecution of any criminal case where that officer is not the initiating officer, without permission from the originating officer and prosecutor's office. Members shall not interfere with cases being handled by other officers of the Department or by any other agency without the approval of a supervisor and prosecutor handling the case. Court Appearance And Subpoenas- 179 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Mutual Aid and Outside Agency Assistance 352.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to officers in the request of or answering the request for assistance involving another law enforcement agency. It is the policy of this department to provide assistance whenever possible, consistent with the applicable laws of arrest and detention policies of this department, when another law enforcement agency requests assistance with an arrest or detention of any person. This department may also request an outside agency to provide assistance. 352.1.1 ASSISTING OUTSIDE AGENCIES Generally, calls for assistance from other agencies are routed to the on duty supervisor for approval. When an authorized employee of an outside agency requests the assistance of this department in taking a person into custody, available officers shall respond and assist in making a lawful arrest. If an officer receives a request in the field for assistance, that officer shall notify a supervisor. Arrestees may be temporarily detained by our agency until arrangements for transportation are made by the outside agency. Only in exceptional circumstances will this department provide transportation of arrestees to other county facilities. When such assistance involves any use of force or any enforcement action, a case number will be issued to document action taken by Meridian Police Department personnel. 352.1.2 REQUESTING ASSISTANCE FROM OUTSIDE AGENCIES If assistance is needed from another agency, the employee requesting assistance shall first notify a supervisor of his/her intentions. The handling officer or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. The requesting officer should secure radio frequencies for use by all involved agencies so that communication can be coordinated as needed. If necessary, reasonable effort should be taken to provide radio equipment capable of communicating on the assigned frequency to any personnel who do not have compatible radios. 352.1.3 MUTUAL AID AGREEMENTS Nothing in this policy will prohibit the usual and customary work done by special units or department members working in conjunction with other local, State, and/or Federal agencies, within the State of Idaho, as part of a mutual aid request, task force, or other assigned duty. Mutual Aid and Outside Agency Assistance - 180 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Call -Out Activations and Notifications 358.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of this department in determining when, how and to whom notification of major incidents should be made. 358.2 POLICY The Meridian Police Department recognizes that certain incidents should be brought to the attention of supervisors or other specified personnel of this department to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed. 358.3 MINIMUM CRITERIA FOR NOTIFICATION Most situations where the media show a strong interest are also of interest to the Chief of Police, Deputy Chief and the affected Division Commanders. The following list of incident types is provided as a guide for notification and is not intended to be all-inclusive: (a) Homicides (b) Manslaughter (c) Traffic accidents with fatalities or life threatening injuries. (d) Officer -involved shooting - on or off duty (See Policy Manual § 310.53 for special notifications). (e) Significant injury or death to employee - on or off duty. (f) Death of a prominent Meridian official. (g) Arrest of a Meridian Police Department employee or any Meridian City employee. (h) Death of an immediate family member (Child, Spouse, etc.) of a department employee. (i) Aircraft crash with major damage and/or injury or death. (j) In -custody deaths. (k) Shooting into occupied dwelling or vehicle. (I) Any criminal incident involving a member of another Law Enforcement Agency and occurring within the City of Meridian. (m) Crime against a City of Meridian official. (n) Any situation that attracts media attention, or significant follow up information to a previous media release. (o) Personal injury collisions involving department members on or off duty. (p) Armed Robbery. (q) Kidnapping. (r) Police pursuits, at the discretion of the shift supervisor (involving accidents etc.). (s) Any use of force in which the suspect will be hospitalized for a period of time (canine bites etc.). (t) Disasters such as fire or flooding with major damage, injury and/or death. Call -Out Activations and Notfcations - 181 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Call -Out Activations and Notifications (u) Serious complaints of an officer misconduct and/or other serious citizen complaint involving an officer, at the discretion of the shift supervisor. (v) Emergency personnel disciplinary actions. (w) Meridian SWAT/Hostage Negotiator's Team call -out in any jurisdiction. (x) Malicious Harassment. (y) Death of a child or infant (other than natural causes). (z) Any major event within Ada County or Canyon County likely to require Meridian Police Department assistance or generate a need to notify Meridian Police Department Command Staff. (aa) Any event in which there is a CITF activation. 358.4 SHIFT COMMANDER RESPONSIBILITY The Shift Supervisor is responsible for making the appropriate notifications. The Shift Supervisor shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Shift Supervisor shall attempt to make the notifications as soon as practical. As a general rule a Phone call, Command Page or Command e-mail shall be completed as soon as possible (within 30 minutes of the initial call). The Shift Supervisor at his or her discretion can contact the Division Commander for a consult prior to sending out a command notification. If the situation warrants it a Shift Supervisor can send out a Command e-mail as a follow-up to the Command Page. 358.4.1 PUBLIC INFORMATION OFFICER (PIO) The Public Information Officer (Deputy Chief) shall be called out after members of staff have been notified that it appears the media may have a significant interest in the incident. If the Meridian Police Department PIO is unavailable it will be the responsibility of the Shift Supervisor or a Division Commander to handle all media requests and press releases. All media contacts shall be reported through the chain of command with a brief overview on what information was disseminated and to whom. 358.5 DETECTIVE NOTIFICATION Shift Supervisor should respond immediately to the following incidents and assume incident command. Shift Supervisors will assess the need for additional resources and if necessary contact the on-call investigator to assist with the incident as directed and/or at a minimum a phone consultation: (a) Homicides (b) Officer Involved Shootings/Use of Deadly Force (c) Situations with a potential for serious consequences, need for command review and control, or an otherwise high-risk situation mandating the Department's optimum efforts. (d) Whenever a Department member is seriously injured in the line -of -duty. (e) Robbery (f) Rape and other felony sex crimes (g) Suicides and suspicious unattended deaths (h) Kidnapping (i) Arson Call -Out Activations and Notfcations - 182 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Call -Out Activations and Notifications (j) Other felony crimes requiring instant follow-up that cannot be accomplished by the Operations Section. (k) Upon credible information that one of these listed crimes will likely be committed in the near future. (1) Alleged or suspected sexual or physical abuse where the perpetrator has continued access to the victim, and/or the victim cannot be adequately protected by another parent, guardian, or another responsible adult who has lawful permission to do so. (m) Property crimes in which the complexity of the crime and/or scene, the need for immediate follow-up, or likelihood that the presence of an investigator would significantly lend toward the resolution of the crime. An investigator should be called if any of the above crimes is ongoing, bears evidence of exceptional brutality or seriousness, or has multiple victims. 358.6 CHILD ABUSE & SEXUAL ABUSE OF CHILDREN (a) Child Abuse 1. The on-call Detective should be called out when any of the following conditions exist: (a) Any unattended death of a child with no clear medical reason. (b) Death of a child in a daycare center, or with a baby sitter or caretaker. (c) When medical personnel call police with a suspicion that a child's death or major injury is the result of child abuse. (d) Any child with massive blunt trauma in the absence of some catastrophic event (i.e., Vehicle accident, pedestrian/vehicle accident, fall from over 10 feet). (e) Any child with injuries that require the child to be transported to any hospital Neonatal or Pediatric Intensive Care Unit. 2. Any case of a child/s death or major injury when there is: (a) Inconsistencies in statements as to the cause of death or injury. (b) Delay in reporting the death or injury. (c) A need to secure the crime scene or collect evidence. (b) Sexual Abuse of Children: 1. In cases of sexual abuse of juvenile children, the primary function of the responding officer is to assess the risk to the child, jurisdiction and to gather information for a preliminary report without interviewing the child or the suspect. Information establishing that a crime has in fact occurred may come from the reporting party or other witnesses and should be recorded when possible. In assessing the risk to the child, officers should take into consideration whether the child is endangered in his/her surroundings and whether prompt removal appears to be necessary to prevent serious physical or mental injury to the child (Idaho Code 161612). Consideration should be given to: (a) Is the offender still in the home or does the suspect have access to the victim? (b) Is the parent(s) being protective of the child? (c) Are there other children in the home that the suspect has access to? Call -Out Activations and Notfcations - 183 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Call -Out Activations and Notifications 2. Once it has been determined that a crime has been committed, a Detective should be contacted for direction. No arrest of the offender should be made without first contacting the responsible County Prosecutor or the on-call Prosecuting Attorney. When an arrest is authorized, a video/audio-taped interview should be conducted with the suspect. 358.7 TRAFFIC RECONSTRUCTION TEAM NOTIFICATION The Meridian Police Department Traffic Team are specialized in the investigation and reconstruction of traffic accidents and should be called out in the following incidents: (a) All fatal traffic accidents. (b) Accidents with life-threatening injuries. (c) Serious accidents involving City or Department vehicles. (d) Any serious incident or accident, at the discretion of the shift supervisor. (e) All officer involved accidents in which any occupant(s) from other vehicles are transported to medical facilities. 358.8 JUVENILES An on-call detective may be called out: (a) When a juvenile in custody is the suspect in a felony crime which otherwise qualifies as a call -out situation and he must be interviewed prior to the next duty -day. (b) When the arrest or processing of multiple juvenile offenders overburdens the Operations Section's ability to complete this task, given current manpower, call -loads and other pertinent factors (Multiple burglaries etc.). (c) When special assistance is required due to the involvement of serious offenders and/or suspected gang members. (d) When special assistance is needed on other major incidents involving juveniles such as waiver crimes. 358.9 BOMB -EXPLOSIVE DEVICES The very nature of dealing with an unknown explosive or explosive device involves procedures devised to reduce the risk of injury and property damage. Department members without proper training will not attempt to move or render safe any suspect package or device. The Shift Supervisor may contact an EOD Unit in following instances: (a) Any device or package of suspicious nature or circumstance. (b) Any unexploded chemical device including dry -ice, Drano, etc. type devices. (c) Any scene requiring post -blast investigation. (d) Commercial explosives recovered in any manner (will require storage and possible destruction). (e) Explosives that appear to be deteriorating. (f) Military or Unknown military munitions. These items cannot be determined safe by color guide, many have been altered. (g) Any crime or incident involving explosives or possible explosive devices, at the discretion of the shift supervisor. Call -Out Activations and Notfcations - 184 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Call -Out Activations and Notifications 358.10 NARCOTICS -ASSET FORFEITURE SEIZURE Meridian Police Department Detectives from the Federal/Local Narcotics Task Forces and/or Impact Team Detectives should be notified if any of the below listed situations exist: (a) Significant seizure of illegal drugs during an arrest: 1. More than one-half ounce of cocaine or methamphetamine. 2. More than 1 gram of heroin. 3. More than one-half pound of marijuana. 4. Any amounts of LSD. 5. Any amount of drugs combined with scales, packaging materials, ledgers, pay sheets and cash the leads officers to believe the suspect is actively selling narcotics. 6. Material used or being used in the production of methamphetamine. 7. Larger amounts of Ecstasy, Bath Salts or Spice. (b) When vehicles or currency are to be seized for asset forfeiture. (c) When a suspect is arrested who wants to give information about narcotics trafficking. (d) When a suspect claims to be an informant working for Meridian Detectives. (e) When a shift supervisor needs assistance with any narcotics related case. If a Meridian Narcotics Detective is not available then the Shift Supervisor will contact the Impact Team Supervisor for other resources. 358.11 SWAT TEAM, CRISIS NEGOTIATION TEAM The SWAT Team and/or Crisis Negotiation Team may be deployed on direction of the Chief of Police, Deputy Chief or the SWAT Lieutenant. The on -duty Shift Supervisor prior to requesting approval for a SWAT Team or Crisis Negotiation Team activation will conduct a complete assessment of the incident in question and conduct a SWAT consult with the Ada County Metro SWAT Commander. In addition, the Shift Supervisor will contact the Meridian Police Department SWAT Lieutenant as part of the consult. The SWAT Team and Crisis Negotiation Team if approved can respond to incidents including, but not limited to: (a) Barricaded Subjects. (b) Hostage situations. (c) Warrant services of fortified locations. (d) Civil disturbances. (e) Dignitary protection. (f) Searches for armed suspects. (g) Extraordinary situations of an emergency nature. (h) High-risk warrant service involving weapon(s), violent suspects, gang members etc. (i) Sniper hostage situations. (j) Institutional insurrections. (k) High risk prisoner transports. (1) High risk suicidal persons. Call -Out Activations and Notfcations - 185 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Call -Out Activations and Notifications 358.12 HATE/BIAS CRIMES The Shift Supervisor should notify an on-call Detective to determine if detectives should respond to the scene. A Shift Supervisor should respond to all incidents suspected or determined to be motivated by hate/bias or prejudice because of that person's race, color, religion, ancestry, ethnic background, or national origin (Idaho Code 18-7902) to: (a) Cause physical injury to another person, or (b) Damage, destroy, or deface any real or personal property of another person, or (c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (A) and (B) of this section may occur. For purposes of this section, "deface" shall include, but not be limited to cross -burning or placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission. 358.13 DRUG RECOGNITION EXPERT The Shift Supervisor should notify the Meridian Police Department DRE Sergeant for approval of calling -out out an off duty officer who is a certified Drug Recognition Expert, when there are no other DRE's on duty anywhere in Ada County that can respond to conduct the evaluation and the following conditions are met: (a) If a driver of a vehicle has been stopped, HGN and SFST evaluated by a patrol officer and that officer has placed the subject under arrest for DUI, but the subject blows under a 0.08 BAC for an adult or under 0.02 BAC for a juvenile. Also, if other physical evidence such as paraphernalia, odor of drugs coupled with physical signs, admissions and symptoms consistent with specific drug(s) is sufficient reason for a DRE evaluation. (Idaho Code 18-8004) (b) If a teacher or school staff member has reasonable suspicion that a student is under the influence of a controlled substance during an official school function and/or on school property and the student has been detained by school officials. (Idaho Code 33-210). (c) Accidents in which the driver of a vehicle is arrested for suspicion of Drug DUI 358.14 CANINE The Shift Supervisor should contact the Meridian Police Department Canine Sergeant for approval of calling -out an off duty canine officer, when there are no other canine handler teams anywhere in Ada County that can respond to the incident and the following conditions are met: (a) To build probable cause for a search warrant. (b) Searches with voluntary consent. (c) To locate suspects in buildings or related structures when a search of the building or structures by officers would create an unnecessary risk. (d) To locate suspects who have fled the scene of a serious crime and are hidden in a specified and open area. (e) To locate evidence that the officer has reason to believe has been abandoned or hidden in a specified and open area. (f) To assist in the service of arrest or search warrants. Call -Out Activations and Notfcations - 186 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Call -Out Activations and Notifications (g) To assist in the arrest or prevent the escape of serious or violent suspects 358.15 OUTSIDE ASSISTANCE- CITY, COUNTY, STATE OR FEDERAL When the need arises for outside assistance from such agencies as the Ada County Sheriff, Idaho State Police, Boise Police, Garden City Police or Federal Agencies (FBI, ATF, DEA, Customs, ICE, etc.), the Shift Supervisor shall make a determination as to the urgency of such assistance and then based upon that determination, either make arrangements for such assistance or refer the matter to Criminal Investigations. Memorandums of Understanding will be used as a guideline. Call -Out Activations and Notfcations - 187 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Death Investigation 360.1 PURPOSE AND SCOPE The investigations of cases involving death include those ranging from natural cause to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough. 360.2 INVESTIGATION CONSIDERATIONS Death investigation cases require certain actions be taken. Paramedics shall be called in all suspected death cases unless the death is obvious (decapitated, decomposed, etc.). Officers are not authorized to pronounce death. A supervisor shall be notified in all death investigations. 360.2.1 CORONER REQUEST Meridian Police Department has a statutory responsibility to investigate all unattended deaths. Officers must ensure that the pertinent facts are properly documented. Officers must approach their investigation with a sense of dignity, compassion, and professionalism toward the deceased and the family. Officers shall: (a) Notify the shift supervisor, who will decide upon notification of detectives. (b) Treat the scene as a crime scene, unless facts indicate otherwise. (c) Notify the Coroner's Office. 360.2.2 DEATH NOTIFICATION The primary responsibility for death notification is with the Coroner's Office. Calls from other jurisdictions with request to deliver a death message will be routed to the Shift Supervisor for determination of how the request will be handled. 360.2.3 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented on the appropriate form. 360.2.4 SUSPECTED HOMICIDE If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the Investigations Division shall be notified to determine the possible need for a detective to respond to the scene for further immediate investigation. Death Investigation - 188 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Identity Theft 362.1 PURPOSE AND SCOPE Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This policy is intended to provide guidelines for the reporting and investigation of such crimes. 362.2 REPORTING (a) In an effort to maintain uniformity in reporting, officers presented with the crime of identity theft (Idaho Code 18-3126) shall initiate a report for victims residing within the jurisdiction of this department. For incidents of identity theft occurring outside this jurisdiction, officers should observe the following: 1. For any victim not residing within this jurisdiction, the officer may either take a courtesy report to be forwarded to the victim's residence agency or the victim should be encouraged to promptly report the identity theft to the law enforcement agency where he or she resides. (b) While the crime of identity theft should be reported to the law enforcement agency where the victim resides, officers of this department should investigate and report crimes occurring within this jurisdiction which have resulted from the original identity theft (e.g., the identity theft occurred elsewhere, but the credit card fraud occurred and is reported in this jurisdiction). (c) Officers should include all known incidents of fraudulent activity (e.g., credit card number applied for in victim's name when the victim has never made such an application). (d) Officers should also cross-reference all known reports made by the victim (e.g., U.S. Secret Service, credit reporting bureaus, U.S. Postal Service and ITD) with all known report numbers. (e) Following supervisory review and processing by this department, the initial report should be forwarded to the appropriate detective for follow up investigation, coordination with other agencies and prosecution as circumstances dictate. Identity Theft - 189 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrests and Searches 363.1 PURPOSE AND SCOPE Idaho Code 19-601/19-625 addresses how and when arrests are to be made. This policy addresses the requirements of the Idaho Codes and procedures to be followed when making arrests or performing searches upon individuals. Updates to the codes shall be addressed in annual training and/or legal bulletins. 363.2 WARRANT NOT IN ARRESTING OFFICER'S POSSESSION (a) Arrest under an Idaho warrant is lawful even though the arresting officerdoes not have the warrant in his/her possession. Officers shall reasonably ensure that the warrant is valid. If requested, he/she is required to show it to the arrestee as soon as practical. A copy of a warrant can be electronically transmitted to one or more peace officers. (b) An officer's knowledge of an out of state felony warrant is sufficient probable cause to arrest under Idaho Code 19-4514 (Fugitive to Idaho) if the jurisdiction in question is willing to extradite the subject. 363.2.1 FIELD ARREST When an officer operating in the field contacts a subject on whom a record check discloses an outstanding warrant, he/she shall request dispatch to confirm the following: (a) That this Department (or another agency which is being checked) has a valid warrant in its possession. (This requires that it has the actual warrant in its physical custody. If the warrant is not held in its possession, a field supervisor shall be notified and he/she shall determine if the arrest will be made.) (b) That the warrant is valid on its face. Note: If it is a misdemeanor warrant and the warrant is being served on private property after 800pm the warrant shall be endorsed for night time service by the court. 363.2.2 FORM OF WARRANT A warrant of Arrest is an Order in writing, in the name of the State of Idaho, signed by a Magistrate or District Judge commanding the arrest of the defendant. The form of the warrant is found in IC 19-507. 363.2.3 OFFICERS DESIGNATED TO EXECUTE WARRANT A warrant must be directed to and executed by a Peace Officer. It may be executed by any Peace Officer in the state to whom it is delivered. 363.2.4 TIME OF ARREST If the offense charged is a felony, the arrest may be made on any day and at any time of the day or night. If it is a misdemeanor, the arrest cannot be made unless in a public place or on upon private property when in the course of legal law enforcement action. Or upon the direction of the judge, endorsed upon the warrant (ID 19-607). 363.2.5 SERVICE OF DAYLIGHT ONLY WARRANTS Daylight only arrest warrants shall be served between the hours 8:00am and 8:00pm. Arrests and Searches - 190 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrests and Searches 363.2.6 RESPONSIBILITY OF THE OFFICER (a) The officer servicing the warrant must know whether the warrant is 'regular on its face." This necessitates some knowledge on the part of the officer of the form of a lawful warrant. The officer who is to serve a warrant and has the same in his possession, shall examine it for content. It is sufficient if the document upon its face appears to be valid in the judgment of an ordinary intelligent and informed layman. (b) The officer must act in good faith. The officer must take precautions to determine that the person who is about to be arrested is the party against whom the warrant was issued. The officer shall be alert to consider information offered to him that might disclose that a mistake is being made. If the officer arrests the wrong person as a result of his carelessness, negligence or malice, the officer will be civilly liable. 363.2.7 DEFENDANT TO BE TAKEN BEFORE MAGISTRATE (a) If the offense charged is a felony, the officer making the arrest must cause the defendant to be taken before the Magistrate who issued the warrant or the nearest and most accessible Magistrate in the same county. (b) If the offense charged is a misdemeanor and the defendant is arrested in another county other than where the warrant was issued, the officer must, upon the request of the defendant, take him before a Magistrate in the county where the arrest took place, who may admit him to bail (IC 19-514). These requirements shall be satisfied when the officer has delivered the defendant to the appropriate place of detention. 363.3 SUPERVISORY REVIEW When a felony arrest is made on probable cause, where the victim is not yet identified, or if an arrest involves an unusual application of the law, the arresting officer should contact his/her supervisor prior to the arrest and advise him/ her of the circumstances. 363.4 ARREST OF PROBATION OR PAROLE VIOLATORS A peace officer may make an arrest of a parole or probation violator without a court warrant when a parole or probation officer has supplied written authorization (agents warrant) setting forth that the person to be arrested has violated the terms of his/her parole or probation. 363.5 ARREST OF BAIL JUMPER A bail bondsman or other person who has given bail can arrest a defendant without a warrant for the purpose of surrendering him/her to custody. He/she can also empower another person of suitable age and discretion to act in his/her place. This Department shall not normally become involved in the retaking of a bail jumper. However assistance may be rendered, if, in the opinion of an officer or supervisor, taking the defendant into custody would assist the Department in an investigation or that the defendant is about to flee the jurisdiction of the court and flight would be detrimental to an ongoing Department investigation. 363.6 ARRESTS FOR DOMESTIC VIOLENCE See Policy 320. 363.7 MIRANDA WARNING Applies to interrogations initiated by police officers after a person has been taken into custody or otherwise deprived of his/her freedom of action in a significant way. Arrests and Searches - 191 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrests and Searches 363.8 MENTAL HOLD COMMITMENTS See Policy 418 363.9 ALCOHOL AND DETOXIFICATION HOLDS In accordance with Idaho Code 39-3076, a peace officer may take persons who are incapacitated by alcohol or drugs into protective custody. Officers may transport an intoxicated person to a detoxification or other health facility, release them to a competent individual, or take them to the Ada County Jail. 363.10 FIELD SEARCH INCIDENT TO ARREST Officers shall not make any arrest, search or seizure, which they know, or ought to know, is not in accordance with the law and established departmental procedures or policies. Search and seizure with a warrant puts the burden of proof upon the defendant. Warrant -less search and seizure puts the burden of proof back on the officer. There are many times when officers on the street will conduct a warrant -less search and seizure including but not limited to: (a) Search of persons incident to arrest: The arresting officer shall conduct a thorough field search of all arrested persons at the time of arrest and prior to transporting. The search shall be conducted to remove all weapons from the suspect and to recover any evidence of the crime or any contraband. Arrested persons will be handcuffed prior to being searched. (b) Search of vehicle incident to arrest: Search of a vehicle incident to arrest shall be governed by the following standards: 1. When officers are searching a vehicle incident to a recent occupant's arrest and the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search. 2. When it is reasonable to believe the vehicle contains evidence of the offense for which the suspect was arrested. Arizona V Gant 2009. (c) Consent search: This type of search shall always be recorded either in writing or audio or video recorded. Officers may search a vehicle with the oral or written consent of the operator or owner of the vehicle. Written consent should be obtained whenever possible. Officers shall not obtain consent by any form of coercion or duress. The scope of a consent search depends upon the terms of the consent itself. If the consent is general, all areas of the vehicle may be searched. If the consent is limited to specific areas of the vehicle, officers may search only the portions of the vehicles covered by the consent. 363.11 STOP AND FRISK Officers conducting field interviews of suspects may conduct a frisk of the suspect to see if he/she is armed. When a frisk is done under these conditions the officer must be able to articulate the reasons he/she felt the suspect to be presently armed and dangerous. All "Terry Stop" frisks shall be based on reasonable suspicion that criminal activity is in progress. (a) Terry Stop: Officers can detain/stop someone only when they possess reasonable articulable suspicion that a crime has occurred or is about to occur. (b) Terry Frisk: Officers may frisk for weapons only if they have reason to believe the suspect is presently armed and dangerous and nothing in the initial contact dispels this belief. Terry v. Ohio 392 U.S. 1 (1968). Arrests and Searches - 192 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrests and Searches 363.12 ADHERENCE TO LAWS Because of changes, officers are expected to adhere to current rules and laws governing Search and Seizure. When assisting Federal Agencies, officers are expected to adhere to their rules and regulations pertaining to search and seizure. Arrests and Searches - 193 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Private Persons Arrests 364.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the handling of private person's arrests made pursuant to Idaho Code 19-604. 364.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS Although Idaho law does not expressly require officers to advise citizens about their rights to make a private persons arrest, it is recommended that officers advise private persons how to safely execute such an arrest. 364.3 ARRESTS BY PRIVATE PERSONS Idaho Code 19-604 provides that a private person may arrest another: (a) For a public offense committed or attempted in his or her presence. (b) When the person arrested has committed a felony, although not in his or her presence. (c) When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested has committed it. 364.4 OFFICER RESPONSIBILITIES Any officer presented with a private person wishing to make an arrest should determine whether or not there is reasonable cause to believe that such an arrest would be lawful. (a) Should any officer determine that there is no reasonable cause to believe that a private person's arrest is lawful, the officer should contact his/her immediate supervisor and advise him/her of the existing circumstances. At the discretion of the supervisor, either the supervisor or the officer should, out of the presence of the potential arrestee, explain to the private person wishing to make the arrest the officer's concerns about the absence of reasonable cause for the arrest and the potential ramifications should the person chose to proceed with the arrest. (b) The officer should explain to the private person that one of the options available to him/her is to consult with the city/county attorney's office for determination of whether or not a charge should be filed against the person whom the citizen wants arrested. (c) The officer should also explain another option available would be for the citizen to sign a uniform citation against the person which would result in a trial date being set and the citizen needing to appear as a witness in the trial against the person he wanted arrested. (d) The officer should prepare a detailed report documenting all pertinent facts regarding such situations including but not limited to the following: 1. The basis for the officer's concerns about the absence of reasonable cause for the citizen's arrest, 2. The officer's efforts to explain his/her concerns to the citizen about the situation, 3. The citizen's response to the officer's explanation, 4. The officer's communications with and response of his/her supervisor, 5. The officer's explanation of options to the citizen and the citizen's response Private Persons Arrests - 194 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Private Persons Arrests 364.5 REPORTING REQUIREMENTS In all circumstances in which a private person is claiming to have made an arrest, that individual must complete and sign a voluntary statement provided by this department. The statement will include their personal knowledge which provides probable cause to believe that the crime as charged has been committed and that the person arrested in fact committed the crime. The person's statement will include their personal information as well as contact information and phone number(s). (a) In a Felony arrest situation, the officer's responsibility does not terminate until the officer has personally signed the formal complaint and presented the probable cause therefore. Officers must prepare a full and complete narrative report regarding the circumstances and statements from all available and pertinent witnesses assembled and send the report to the Prosecutor for disposition of the incident. Private Persons Arrests - 195 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Limited English Proficiency Services 368.1 PURPOSE AND SCOPE Language barriers can sometimes inhibit or even prohibit individuals with limited English proficiency (LEP) from gaining meaningful access to, or an understanding of important rights, obligations and services. It is therefore the policy of this department to take all reasonable steps to ensure timely and equal access to all individuals, regardless of national origin or primary language (Title VI of the Civil Rights Act of 1964, § 601, 42 USC 2000d). 368.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - Any employee of this department who is bilingual and has successfully completed department -prescribed interpreter training and is authorized to act as an interpreter or translator. Bilingual - The ability to communicate in two languages fluently, including the ability to communicate technical and law enforcement terminology. Bilingual includes a variety of skill levels. For example, some bilingual individuals may be fluent enough to engage in direct communications in a non-English language but insufficiently fluent to interpret or translate from one language into another. For example, a bilingual individual, depending on his/her skill level, could be utilized to communicate fluently in a non-English language but not to interpret between two languages if he/she does not possess the specialized skills necessary to interpret between two languages effectively. In order to be utilized to interpret or translate from one language into another, an individual must possess the skill, training and demonstrated competence to do so. For purposes of this policy, employees of this department, in order to be identified as bilingual, must initially and periodically demonstrate, through a procedure to be established by the Department, their level of skill and competence such that the Department is able to determine the purposes for which an employee's language skills may be used. Interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language) while retaining the same meaning. Limited English Proficient (LEP) - Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g., speaking or understanding), but still be LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context -specific. An individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations. Translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 368.2 FOUR FACTOR ANALYSIS Since there are potentially hundreds of languages department personnel could encounter, the Department will utilize the four -factor analysis outlined in the Department of Justice LEP Guidance to Federal Financial Assistance Recipients in determining which measures will provide reasonable and meaningful access to various rights, obligations, services and Limited English Proficiency Services - 196 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Limited English Proficiency Services programs to everyone. It is recognized that law enforcement contacts and circumstances will vary considerably. This analysis therefore, must remain flexible and requires an ongoing balance of the following four factors: (a) The number or proportion of LEP individuals eligible to be served or likely to be encountered by department personnel or who may benefit from programs or services within the jurisdiction of this department or a particular geographic area. (b) The frequency with which LEP individuals are likely to come in contact with department personnel, programs or services. (c) The nature and importance of the contact, program, information or service provided. (d) The cost of providing LEP assistance and the resources available. As indicated above, the intent of this analysis is to provide a balance that reasonably ensures meaningful access by LEP individuals to critical services while not imposing undue burdens on the Department or its personnel. While this department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right, the above analysis will be utilized to determine the availability and level of assistance provided to any LEP individual or group. 368.2.1 IDENTIFICATION OF LEP INDIVIDUAL'S LANGUAGE The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language in an effort to avoid misidentifying that language. 368.3 TYPES OF LEP ASSISTANCE AVAILABLE Depending on the balance of the above four factors, this department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services, where available. LEP individuals may elect to accept interpreter services offered by this department at no cost or choose to provide their own interpreter services at their own expense. Department personnel should document in any related report whether the LEP individual elected to use interpreter services provided by this department or some other source. Department -provided interpreter services provided by this department may include, but are not limited to, the following assistance methods. 368.3.1 BILINGUAL PERSONNEL Personnel utilized for LEP services need not be certified as interpreters but must have demonstrated, through established department procedures, a level of competence to ascertain whether his/her language skills are best suited to monolingual communications, interpretation, translation, or all or none of these functions. All personnel used for communication with LEP individuals must demonstrate knowledge of the functions of an interpreter and the ethical issues involved when functioning as a language conduit. In addition, employees who serve as interpreters and/or translators must have demonstrated competence in both English and the non-English language. When bilingual personnel of this department are not available, personnel from other City departments who have the requisite training may be requested. Limited English Proficiency Services - 197 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Limited English Proficiency Services 368.3.2 WRITTEN FORMS AND GUIDELINES This department will determine the most frequently used and critical forms and guidelines and translate these documents into the languages most likely to be requested. The Department will arrange to make these translated forms available to department personnel and other appropriate individuals. 368.3.3 AUDIO RECORDINGS The department may develop audio recordings of information that is either important to or frequently requested by LEP individuals for broadcast in a language most likely to be understood by involved LEP individuals. 368.3.4 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF INTERPRETATION Where competent bilingual departmental personnel or other City -certified staff are unavailable to assist, responsible members of the community who have demonstrated competence in either monolingual (direct) communication and/or in interpretation and translation (as noted above) may be called upon to assist in communication efforts. Sources for these individuals may include neighboring police departments, university languages and linguistics departments, local businesses, banks, churches, neighborhood leaders and school officials. Department personnel should ensure that community members are able to provide unbiased assistance. The nature of the contact and relationship between the LEP individual and the individual offering services must be carefully considered (e.g., victim/suspect). Except for exigent or very informal and non -confrontational circumstances, the use of an LEP individual's bilingual friends or family members, particularly children, are generally not recommended and department personnel shall make case-by-case determinations on the appropriateness of using such individuals (for further guidance see Section V(3) of the DOJ Final Guidance available at the U.S. DOJ website). 368.4 LEP CONTACT SITUATIONS AND REPORTING While all law enforcement contacts, services and individual rights are important, this department will utilize the four -factor analysis to prioritize language services so that they may be targeted where they are most needed. Whenever any member of this department is required to complete a report or when other documentation and interpretation or translation services are provided to any involved LEP individual, such services should be noted in the related report. 368.4.1 FIELD ENFORCEMENT AND INVESTIGATIONS Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts which may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Department personnel must assess each situation to determine the need and availability for translation services to all involved LEP individuals and utilize the methods outlined in this policy to provide appropriate language assistance. Although not every situation can be addressed within this policy, it is important that department personnel are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action taken Limited English Proficiency Services - 198 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Limited English Proficiency Services with an LEP individual. It would, for example, be meaningless to request consent to search if the person requesting is unable to effectively communicate with an LEP individual. 368.4.2 INVESTIGATIVE INTERVIEWS In any situation where the translation of an interview may contain information that might be used in a criminal trial, it is important to take certain steps to improve the chances of admissibility. This includes interviews conducted during an investigation with victims, witnesses and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter (e.g., name, address) should be documented so that the person can be subpoenaed for trial if necessary. Any person selected as an interpreter and/or translator must have demonstrated competence in both English and the non-English language involved and knowledge of the functions of an interpreter that allows for correct and effective translation and should not be a person with an interest in the case. The person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation to the court. 368.4.3 CUSTODIAL INTERROGATIONS AND BOOKINGS In an effort to ensure the rights of LEP individuals are protected during arrest and custodial interrogation, this department places a high priority on providing competent interpretation during such situations. It is further recognized that miscommunication during custodial interrogations may have a substantial impact on the evidence presented in any related criminal prosecution. As such, department personnel providing interpretation services or translated forms in these situations will have demonstrated competence in interpretation/translation and make every reasonable effort to accurately interpret/translate all communications with LEP individuals. In order to ensure that translations during criminal investigations are documented accurately and are admissible as evidence, audio recordings of interrogations, victim interviews and witness interviews should be used whenever reasonably possible. 368.4.4 COMPLAINTS The Department shall ensure access to LEP persons who wish to file a complaint regarding the discharge of department duties. The Department may do so by providing interpretation assistance or translated forms to such individuals. If the Department responds to complaints filed by LEP individuals, the Department shall attempt to communicate its response in an accessible manner. 368.4.5 COMMUNITY OUTREACH Community outreach programs and other such services offered by this department have become increasingly recognized as important to the ultimate success of more traditional law enforcement duties. As such, this department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services to LEP individuals and groups. 368.5 INTERPRETERS AND TRANSLATORS Department personnel who are called upon to interpret, translate or provide other language assistance, will be trained annually on language skills competency (including specialized terminology) and ethical considerations. Limited English Proficiency Services - 199 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Limited English Proficiency Services (a) Assessment: The Meridian Police Department personnel identified as bilingual, who are willing to act as authorized interpreters, will have their language skills assessed by a professional interpreter using a structured assessment tool established by the Training Coordinator. Personnel found proficient in interpreting into and from the target language will be placed conditionally on the authorized interpreters list. (b) Training: All personnel conditionally placed on the authorized interpreter list must successfully complete the prescribed interpreter training within one year. After successful completion of interpreter training, the individual will be unconditionally placed on the authorized interpreter list. To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles such as counselor or legal advisor. (c) Refresher course for authorized interpreters: Personnel who have been unconditionally placed on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. The Training Office shall be responsible for coordinating the annual refresher training and will maintain a record of training that the interpreters have received. The LEP Coordinator will ensure that the authorized interpreters list is kept current and a copy forwarded to Ada County Dispatch Center. 368.6 SUPPLEMENTAL MATERIALS PROVIDED TO DEPARTMENT EMPLOYEES (a) A list of Department bilingual employees, languages spoken and contact and shift information (b) A list of department -certified interpretation services bilingual interpreters, languages spoken and contact and availability information (c) The telephone number and access code of telephonic interpretation services (d) Language identification cards (e) Translated Miranda warning cards and other frequently used documents (f) Audio recordings/warnings that are developed in non-English languages Limited English Proficiency Services - 200 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Hearing Impaired/Disabled Communications 370.1 PURPOSE AND SCOPE Individuals who suffer from deafness, hearing impairment, blindness, impaired vision, mental or other disabilities may encounter difficulties in gaining meaningful access to, or an understanding of important rights, obligations and services. In accordance with the Americans with Disabilities Act (ADA), it is therefore the policy of this department to take all reasonable steps to accommodate such individuals in any law enforcement contact. 370.2 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, employees of this department should consider all information reasonably available to them when determining how to communicate with an individual suffering from any disability. These factors may include, but are not limited to: (a) The extent to which a disability is obvious or otherwise made known to the involved employee. Impaired or disabled individuals may be reluctant to acknowledge their condition and may even feign a complete understanding of a communication despite actual confusion. (b) The nature of the disability (e.g., total deafness or blindness vs. impairment). (c) The nature of the law enforcement contact (e.g., emergency vs. non -emergency, custodial vs. consensual contact, etc.). (d) Availability of resources to aid in communication. When considering these and other available information, the involved employee(s) should carefully balance all factors in an effort to reasonably ensure meaningful access by individuals suffering from apparent disabilities to critical services while not imposing undue burdens on this department or its officers. 370.2.1 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, employees of this department should remain alert to the possibility of communication problems and exercise special care in the use of all gestures, and verbal and written communication in an effort to minimize initial confusion and misunderstanding when dealing with any individual(s) with known or suspected disabilities or communication impairments. 370.3 TYPES OF ASSISTANCE AVAILABLE Depending on the balance of the factors available for consideration at the time, this department will make every reasonable effort to provide meaningful and timely assistance to disabled individuals through a variety of services, where available. Disabled individuals may elect to accept such assistance at no cost, choose to provide their own communication services at their own expense or any combination thereof. In any situation, the individual's expressed choice of communication method shall be given primary consideration and honored unless the employee can adequately demonstrate that another effective method of communication exists under the circumstances. Hearing Impaired/Disabled Communications - 201 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Hearing Impaired/Disabled Communications Officers should document the type of communication utilized in any related report and whether a disabled or impaired individual elected to use services provided by this department or some other identified source. Services provided by this department may include, but are not limited to the following: 370.3.1 FIELD RESOURCES Individual officers and employees are encouraged to utilize resources immediately available to them in any contact with a known or suspected disabled or impaired person. Examples of this would include such simple methods as: (a) Hand gestures or written communications exchanged between the employee and a deaf or hearing impaired individual. (b) Facing an individual utilizing lip reading and speaking slowly and clearly. (c) Slowly and clearly speaking or reading simple terms to any visually or mentally impaired individual. 370.3.2 AUDIO RECORDINGS AND ENLARGED PRINT From time to time, this department may develop audio recordings of important information needed by blind or visually impaired individuals. In the absence of such audio recordings, employees may elect to read aloud forms or documents from this department such as a citizen complaint form to a visually impaired individual or utilize a photocopier to enlarge printed forms for a visually impaired individual. 370.3.3 TTY AND RELAY SERVICES Individuals who are deaf or hearing impaired must be given the opportunity to use available text telephones (TTY or TDD). All calls placed by such individuals through such services shall be accepted by this department. 370.3.4 COMMUNITY VOLUNTEERS Depending on the circumstances, location and availability, responsible members of the community may be available to provide qualified interpreter services, such as those who are proficient in American Sign Language (ASL). Sources for these individuals may include local businesses, banks, churches, neighborhood leaders and school officials. In addition to such sources developed by individual officers, this department will attempt to maintain and update a list of qualified community volunteers who may be available to respond within a reasonable time. 370.3.5 FAMILY AND FRIENDS OF DISABLED OR IMPAIRED INDIVIDUAL While family and friends of a disabled or impaired individual may frequently offer to assist with interpretation, employees should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in emergency or critical situations. Further, the nature of the contact and relationship between the disabled individual and the individual offering services must be carefully considered (e.g., victim/suspect). 370.4 CONTACT SITUATIONS AND REPORTING While all contacts, services, and individual rights are important, this department will carefully consider reasonably available information in an effort to prioritize services to disabled and impaired individuals so that such services and resources may be targeted where most Hearing Impaired/Disabled Communications - 202 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Hearing Impaired/Disabled Communications needed because of the nature and importance of the particular law enforcement activity involved. Whenever any member of this department is otherwise required to complete a report or other documentation, and communication assistance is provided to any involved disabled or impaired individual(s), such services should be noted in the related report. 370.4.1 CUSTODIAL INTERROGATIONS AND BOOKINGS In an effort to ensure the rights of all disabled and impaired individuals are protected during arrest and custodial interrogation, this department places a high priority on providing reasonable communication assistance during such situations. It is further recognized that miscommunication during custodial interrogations may have a substantial impact on the evidence presented in any related criminal prosecution. As such, personnel providing communication assistance in these situations will make every reasonable effort to accurately and effectively communicate with disabled or impaired individuals. 370.4.2 FIELD ENFORCEMENT AND INVESTIGATIONS Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts which may involve disabled or impaired individuals. The scope and nature of these activities and contacts will inevitably vary, therefore this department recognizes that it would be virtually impossible to provide immediate access to complete communication services to every officer in the field. Each officer and/or supervisor must, however, assess each such situation to determine the need and availability for communication assistance to any and all involved disabled or impaired individuals. Although not every situation can be addressed within this policy, it is important that employees are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action taken with a disabled or impaired individual. For example, it would be meaningless to verbally request consent to search if the officer is unable to effectively communicate with a deaf individual. 370.4.3 COMMUNITY OUTREACH Community outreach programs and other such services offered by this department have become increasingly recognized as important to the ultimate success of more traditional law enforcement duties. As such, this department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services to disabled individuals and groups. 370.5 TRAINING In an effort to ensure that all employees in public contact positions (or having contact with those in custody) are properly trained, this department will provide periodic training in the following areas: (a) Employee awareness of related policies, procedures, forms and available resources. (b) Employees having contact with the public (or those in our custody) are trained to work effectively with in-person and telephone interpreters and related equipment. (c) Training for management staff, even if they may not interact regularly with disabled individuals, in order that they remain fully aware of, and understand this policy, so they can reinforce its importance and ensure its implementation by staff. Hearing Impaired/Disabled Communications - 203 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Civil Standby 375.1 PURPOSE AND SCOPE A Civil Standby is a situation where the police officer finds themselves at a call for service in which no criminal law has been broken, but it is necessary for the officer to remain on scene at the call in order to keep the peace and prevent a party from committing a criminal offense. These calls for service most often come up during divorce proceedings, child custody exchanges, landlord/tenant evictions, and neighborhood or repossession disputes. Officers shall engage in a civil standby on a case by case basis. An officer will not engage in a civil standby for longer than 15 minutes without clearing it with his or her supervisor. 375.2 ACTIONS BY OFFICERS (a) In order to determine if engaging in a civil standby is appropriate the officer should evaluate: 1. Whether the situation between the parties is civil or criminal in nature. 2. Whether it is likely a breach of the peace would occur if the officer left. 3. Whether a civil standby will quickly resolve the parties issues and make a future call for service at that location unlikely. (b) While engaged in a civil standby, officers shall not (unless being directed by a lawful Idaho Court order): 1. Take sides with either party over the dispute, 2. Argue with either party over what is to be removed from the residence to include children, animals, personal property or vehicles, 3. Engage in mediation or dispute resolution with either party on what should and should not be removed from the residence, 4. Move or assist a party in moving or removing any property, 5. Answer legal questions about which party may enter or remove any people, animals or property from a residence. Civil Standby - 204 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Child Safety 380.1 PURPOSE AND SCOPE The Meridian Police Department recognizes that children who are subjected to traumatic events, such as the arrest of a parent or guardian, may experience negative emotional effects that can last throughout the lifetime of the individual. After such an event the child may not receive the appropriate care, which can lead to further emotional or physical trauma. This policy is intended to provide guidelines for officers to take reasonable steps to minimize the impact to the child when it becomes necessary to take action involving the child's parent or guardian. 380.1.1 POLICY It is the policy of this department to mitigate, to the extent reasonably possible, the stressful experience children may have when their parent or caregiver is arrested. The Meridian Police Department will endeavor to create a strong cooperative relationship with local, state and community-based child social services to ensure an effective, collaborative response that addresses the needs of affected children. 380.2 PROCEDURES DURING AN ARREST When encountering an arrest situation officers should make reasonable attempts to determine if the arrestee is responsible for minor dependent children. In some cases this is obvious, such as when children are present. However, officers should inquire if the person has any other dependent minor children who are without appropriate supervision. The following steps should be taken: (a) Inquire about and confirm the location of any dependent minor children. (b) Look for evidence of children. Officers should be mindful that some arrestees may conceal the fact that they have dependent children for fear their children may be taken from them. (c) Inquire of witnesses, neighbors, friends and relatives of the arrestee as to whether the person is responsible for a dependent child. Whenever possible, officers should take reasonable steps to accomplish the arrest of a parent or guardian out of the presence of his/her child. Removing children from the scene in advance of the arrest will generally ensure the best outcome for the child. Unless it is not safe to do so or the demeanor of the parent suggests this conversation would be non-productive officers should allow the parent to assure children that both the child and parent will be provided care. Also, the officer at the scene should explain the reason for the arrest in age-appropriate language and offer reassurance to the children that both parent and children will receive appropriate care, that they have done nothing wrong and it was the officer's decision (not the victim's) to make the arrest. The interaction between the law enforcement and children at scene of a domestic violence arrest can be an important part in helping to break the cycle of domestic violence. 380.2.1 AFTER AN ARREST Whenever an arrest is made, the officers should take all reasonable steps to ensure the safety of the arrestee's disclosed or discovered, dependent minor children. Child Safety - 205 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Child Safety Officers should allow the arrestee reasonable time to arrange for care of minor children. Temporary placement of the child with family or friends may be appropriate. However, any decision should give priority to a child-care solution that is in the best interest of the child. In such cases the following guidelines should be followed: (a) Allow the person reasonable time to arrange for the care of minor children with a responsible party, as appropriate. 1. Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe environment), officers should respect the parent's judgment regarding arrangements for child care. It is generally best if the child remains with relatives or family friends the child knows and trusts. Consideration regarding the child's familiarity with the surroundings, comfort, emotional state and safety should be paramount. 2. Except when a court order exists limiting contact, the officer should attempt to locate and place dependent children with the non -arrested parent or guardian. (b) Provide for the immediate supervision of minor children until an appropriate caregiver arrives. (c) Notify Child Protective Services if appropriate. (d) Notify the on duty shift supervisor of the disposition of minor children. If children are at school or at a known location outside the household at the time of arrest, the arresting officer should attempt to contact the school or other known location and inform the principal or appropriate responsible adult of the parent's arrest and of the arrangements being made for the care of the arrestee's children, and then record the result of such actions in the associated report. 380.2.2 REPORTING For all arrests where children are present or living in the household, the reporting employee will include information about the children, including names, gender, age and how they were placed. 380.3 CHILD WELFARE SERVICES Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any dependent minor children, the handling officer should consider taking children into protective custody and placing them imminent danger. Only when other reasonable options are exhausted should a child be transported to the police's facility, transported in a marked patrol car or taken into formal protective custody. Under no circumstances should a child be left unattended or without appropriate care. Child Safety - 206 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Service Animals 382.1 PURPOSE AND SCOPE Service animals play an important role in helping to overcome the limitations often faced by people with disabilities. The Meridian Police Department recognizes this need and is committed to making reasonable modifications to its policies, practices and procedures in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA) to permit the use of service animals that are individually trained to assist a person with a disability. 382.2 DEFINITIONS Service animal - The ADA defines a service animal as any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability. Service animals may be of any type or breed and need not be certified by any governmental agency or service group. 382.3 SERVICE ANIMALS The ADA defines a service animal as any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the owner's disability (28 CFR 35.104). 382.3.1 USE OF SERVICE ANIMALS Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness or collar. Service animals are not pets and may be trained by an individual or organization to assist people with disabilities. The following examples are some of the ways service animals may be used to provide assistance: (a) Guiding people who are blind or have low vision. (b) Alerting people who are deaf or hard of hearing. (c) Retrieving or picking up items, opening doors or flipping switches for people who have limited use of their hands, arms or legs. (d) Pulling wheelchairs. (e) Providing physical support and assisting with stability and balance. (f) Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities or psychiatric disabilities, such as reminding a person with depression to take medication. (g) Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 382.4 MEMBER RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Department members are expected Service Animals - 207 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Service Animals to treat individuals with service animals with the same courtesy and respect that the Meridian Police Department affords to all members of the public. If an animal exhibits vicious behavior, poses a direct threat to the health of others or unreasonably disrupts or interferes with normal business operations an officer may direct the owner to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the animal. Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this department are expected to provide all services as are reasonably available to an individual with a disability. If it is apparent or if an officer is aware the animal is a service animal, the owner should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the officer should ask the individual only the following questions: (a) Is the animal required because of a disability? (b) What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal's status should be asked. The person should not be questioned about his/her disabilities nor should the person be asked to provide any license, certification or identification card for the service animal. Service animals are not pets. Department members should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. When handling calls of a complaint regarding a service animal, members of this department should remain neutral and should be prepared to explain the ADA requirements concerning service animals to the concerned parties. Businesses are required to allow service animals to accompany their owner into all areas that other customers or members of the public are allowed. Absent a violation of law independent of the ADA, officers should take no enforcement action beyond keeping the peace. Individuals who believe they have been discriminated against as a result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice. Service Animals - 208 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Volunteer Program 384.1 PURPOSE AND SCOPE It is the policy of this department to use qualified volunteers for specified tasks and duties in order to create efficiencies for the Department and improve services to the community. Volunteers are intended to supplement and support, rather than supplant, sworn officers and civilian personnel. Volunteers can be an important part of any organization and are proven to be a valuable asset to law enforcement agencies. Volunteers help to increase responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the Department and prompt new enthusiasm. 384.1.1 DEFINITION OF VOLUNTEER An individual who performs a service for the Department without promise, expectation or receipt of compensation for services rendered. This may include unpaid chaplains, unpaid reserve officers, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others. 384.2 VOLUNTEER MANAGEMENT 384.2.1 VOLUNTEER COORDINATOR The Volunteer Coordinator shall be supervised by the Community Services Division Commander. The function of the Volunteer Coordinator is to provide a central coordinating point for effective volunteer management within the Department, and to direct and assist staff and volunteer efforts to jointly provide more productive services. The Volunteer Coordinator should work with other Department staff on an ongoing basis to assist in the development and implementation of volunteer -staffed positions. The Volunteer Coordinator, or his/her designee, shall be responsible for the following: (a) Recruiting, selecting and training qualified volunteers for various positions. (b) Facilitating the implementation of new volunteer activities and assignments. (c) Maintaining records for each volunteer. (d) Tracking and evaluating the contribution of volunteers. (e) Maintaining the volunteer handbook and outlining expectations, policies and responsibilities for all volunteers. (f) Maintaining a record of volunteer schedules and work hours. (g) Completion and dissemination as appropriate of all necessary paperwork and information. (h) Planning periodic recognition events. (i) Maintaining liaison with other volunteer -utilizing programs in the community and assisting in community -wide efforts to recognize and promote volunteering. 384.2.2 RECRUITMENT Volunteers should be recruited on a continuous and ongoing basis consistent with department policy on equal opportunity nondiscriminatory employment. A primary Volunteer Program - 209 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Volunteer Program qualification for participation in the application process should be an interest in, and an ability to assist the Department in serving the public. Requests for volunteers should be submitted in writing by interested staff to the Volunteer Coordinator through the requester's immediate supervisor. A complete position description and a requested time frame should be included in the request. All parties should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer Coordinator may withhold assignment of any volunteer until such time as the requesting unit is prepared to make effective use of volunteer resources. 384.2.3 SCREENING All prospective volunteers should complete the volunteer application form. The Volunteer Coordinator or designee should conduct a face-to-face interview with an applicant under consideration. A documented background investigation shall be completed on each volunteer applicant and shall include, but not necessarily be limited to, the following: (a) Traffic and criminal background check. Fingerprints shall be obtained from all applicants and processed through the Idaho Law Enforcement Teletype Systems (ILETS). (b) Employment (c) References (d) Credit check A polygraph exam may be required of each applicant depending on the type of assignment. 384.2.4 SELECTION AND PLACEMENT Service as a volunteer with the Department shall begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the Department, which can be Volunteer Coordinator. No volunteer should begin any assignment until they have been officially accepted for that position and completed all required screening and paperwork. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of their position description and agreement of service with the Department. All volunteers shall receive a copy of the volunteer handbook and shall be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. 384.2.5 TRAINING Volunteers will be provided with an orientation program to acquaint them with the Department, personnel, policies and procedures that have a direct impact on their work assignment. Volunteers should receive position -specific training to ensure they have adequate knowledge and skills to complete tasks required by the position and should receive periodic ongoing training as deemed appropriate by their supervisor or the Volunteer Coordinator. Training should reinforce to volunteers that they may not intentionally represent themselves as, or by omission infer that they are sworn officers or other full-time members of the Department. They shall always represent themselves as volunteers. Volunteer Program - 210 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Volunteer Program All volunteers shall comply with the rules of conduct and with all orders and directives, either oral or written, issued by the Department. 384.2.6 FITNESS FOR DUTY No volunteer shall report to work or be on -duty when his/her judgment or physical condition has been impaired by alcohol, medication, other substances, illness or injury. Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following: (a) Driver's license (b) Medical condition (c) Arrests (d) Criminal investigations All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol use. 384.2.7 DRESS CODE As representatives of the Department, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties. Volunteers shall conform to department -approved dress consistent with their duty assignment. Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn officers. The uniform or identifiable parts of the uniform shall not be worn while off-duty except volunteers may choose to wear the uniform while in transit to or from official department assignments or functions provided an outer garment is worn over the uniform shirt so as not to bring attention to the volunteer while he/she is off duty. Volunteers shall be required to return any issued uniform or department property at the termination of service. 384.3 SUPERVISION OF VOLUNTEERS Each volunteer who is accepted to a position with the Department must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance. A volunteer may be assigned as and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a paid staff member. Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit where the volunteer is assigned. Following are some considerations to keep in mind while supervising volunteers: (a) Take the time to introduce volunteers to employees on all levels. (b) Ensure volunteers have work space and necessary office supplies. (c) Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources. Volunteer Program - 211 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Volunteer Program 384.4 CONFIDENTIALITY With appropriate security clearance, volunteers may have access to confidential information such as criminal histories or investigative files. Unless otherwise directed by a supervisor or agency policy, all information shall be considered confidential. Only that information specifically identified and approved by authorized personnel shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by agency policy and supervisory personnel. Each volunteer will be required to sign a nondisclosure agreement before being given an assignment with the Department. Subsequent unauthorized disclosure of any confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal and possible criminal prosecution. Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the Department, or maintain that they represent the Department in such matters without permission from the proper department personnel. 384.5 PROPERTY AND EQUIPMENT Volunteers will be issued an identification card that must be worn at all times while on -duty. Any fixed and portable equipment issued by the Department shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the Department and shall be returned at the termination of service. 384.5.1 VOLUNTEER VEHICLE DRIVING (a) Any volunteer must possess and maintain a valid Idaho Driver License to operate a department vehicle. (b) The volunteer seeking to operate a department owned vehicle must consent to a check of his/her traffic record by the Meridian Police Department. (c) If the volunteer's traffic record discloses a record of suspension, DWS, or DUI, conviction or withheld judgment, during the five previous years the volunteer will not be authorized to operate a police department vehicle. (d) If the volunteer's traffic record discloses habitual violations: five or more moving violations during the immediate past three years, the volunteer will not be authorized to operate a police department vehicle. (e) Only those volunteers who have been approved in advance by the Chief of Police or his designee may operate a department vehicle. (f) Volunteers operating a department vehicle shall at all times display the highest level of conduct and ethics as required of department employees. 384.5.2 RADIO AND MDT USAGE Volunteers shall successfully complete ILETS and radio procedures training prior to using the police radio or MDT and comply with all related provisions. The Volunteer Coordinator should ensure that radio and ILETS training is provided for volunteers whenever necessary. Volunteer Program - 212 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Volunteer Program 384.6 DISCIPLINARY PROCEDURES/TERMINATION A volunteer may be removed from the volunteer program at the discretion of the Chief of Police or his designee. Volunteers shall have no property interests in their continued appointment. Volunteers may resign from volunteer requested that volunteers who intend to and a reason for their decision. 384.6.1 EXIT INTERVIEWS service with the Department at any time. It is resign provide advance notice of their departure Exit interviews, where possible, should be conducted with volunteers who are leaving their positions. The interview should ascertain why the volunteer is leaving the position and solicit the volunteer's suggestions on improving the position. When appropriate, the interview should also include a discussion on the possibility of involvement in some other capacity with the Department. 384.7 EVALUATION An evaluation of the overall volunteer program will be conducted on an annual basis by the Volunteer Coordinator. Regular evaluations should be conducted with volunteers to ensure the best use of human resources available, to ensure personnel problems can be identified and dealt with promptly and fairly, and to ensure optimum satisfaction on the part of volunteers. Volunteer Program - 213 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Off -Duty Law Enforcement Actions 386.1 PURPOSE AND SCOPE The decision to become involved in a law enforcement action when off-duty can place an officer as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for officers of the Meridian Police Department with respect to taking law enforcement action while off-duty. 386.2 POLICY Initiating law enforcement action while off-duty is generally discouraged. Officers should not attempt to initiate enforcement action when witnessing minor crimes, such as suspected intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly reported to the appropriate law enforcement agency. Officers are not expected to place themselves in unreasonable peril. However, any sworn member of this department who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage may take reasonable action to minimize the threat. When public safety or the prevention of major property damage requires immediate action, officers should first consider reporting and monitoring the activity and only take direct action as a last resort. Officers should remember that their authority as a peace officer may not extend to actions taken outside their jurisdiction unless there is probably cause to believe the crime to be addressed is a felony or presents an immediate threat of serious bodily injury or death (Idaho Code § 67-2337). 386.3 FIREARMS Officers of this department may carry firearms while off-duty in accordance with Federal regulations, State, Local and Department policy. When carrying concealed department issued or approved firearms while off-duty officers shall also carry their department -issued identification. Officers should refrain from carrying firearms when the consumption of alcohol is likely or when the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drugs that would tend to adversely affect the officer's senses or judgment. 386.4 DECISION TO INTERVENE There is no legal requirement for off-duty officers to take law enforcement action. However, should officers decide to intervene, they must evaluate whether the action is necessary or desirable, and should take into consideration the following: (a) The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects. (b) The inability to communicate with responding units. (c) The lack of equipment, such as handcuffs, OC or baton. (d) The lack of cover. Off -Duty Law Enforcement Actions - 214 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Off -Duty Law Enforcement Actions (e) The potential for increased risk to bystanders if the off-duty officer were to intervene. (f) Unfamiliarity with the surroundings. (g) The potential for the off-duty officer to be misidentified by other peace officers or members of the public. Officers should consider waiting for on -duty uniformed officers to arrive, and gather as much accurate intelligence as possible instead of immediately intervening. 386.4.1 INTERVENTION PROCEDURE If involvement is reasonably necessary, the officer should attempt to call or have someone else call 911 to request immediate assistance. The operator should be informed that an off-duty officer is on -scene and should be provided a description of the officer if possible. Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Meridian Police Department officer until acknowledged. Official identification should also be displayed. 386.4.2 INCIDENTS OF PERSONAL INTEREST Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor disputes) and should remain neutral. In such circumstances officers should call the responsible agency to handle the matter. 386.4.3 NON -SWORN RESPONSIBILITIES Non -sworn personnel should not become involved in any law enforcement actions while off-duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. 386.4.4 OTHER CONSIDERATIONS When encountering a non -uniformed officer in public, uniformed officers should wait for acknowledgement by the non -uniformed officer in case he/she needs to maintain an undercover capability. 386.5 REPORTING Any off-duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Meridian on duty supervisor as soon as practicable. The Meridian on duty supervisor shall determine whether a report should be filed by the employee. An officer shall notify, as soon as safety conditions allow, the law enforcement agency having jurisdiction where an off-duty enforcement action took place and shall relinquish authority and control over any event to that agency (Idaho Code § 67-2337). Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. Off -Duty Law Enforcement Actions - 215 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 4 - Patrol Operations Meridian Police Department Policy Manual Patrol Operations 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the functions of the Patrol Operations Division to ensure intra -department cooperation and information sharing. 400.1.1 FUNCTION Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas of Meridian, respond to citizen calls for assistance, act as a deterrent to crime, enforce local ordinances as well as state laws and respond to emergencies 24 hours per day seven days per week. Patrol will generally provide the following services within the limits of available resources: (a) Patrol that is directed at the prevention of criminal acts, traffic violations and collisions, the maintenance of public order, and the discovery of hazardous situations or conditions. (b) Crime prevention activities, including residential inspections, business inspections and community presentations. (c) Calls for service, both routine and emergency in nature. (d) Investigation of both criminal and non -criminal acts. (e) The apprehension of criminal offenders. (f) Community Oriented Policing and Problem Solving activities such as citizen assists and individual citizen contacts of a positive nature. (g) The sharing of information between the Patrol and other divisions within this department, as well as other outside governmental agencies. (h) The application of resources to specific problems or situations within the community, which may be improved or resolved by Community Oriented Policing and Problem Solving strategies. (i) Traffic direction and control. 400.1.2 TERRORISM It is the goal of the Meridian Police Department to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to be terrorism related and should document such incidents with a written report or Field Interview (FI). The supervisor should ensure that all terrorism related reports and FIs are forwarded to the Criminal Investigations Division Supervisor in a timely fashion. 400.2 PATROL INFORMATION SHARING PROCEDURES The following guidelines are intended to develop and maintain intra -department cooperation and information flow between the various divisions of the Meridian Police Department. 400.2.1 CRIME ANALYSIS Crime Analysis will be the central location for information exchange. Patrol Operations - 217 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Patrol Operations 400.2.2 CRIME REPORTS A crime report may be completed by any patrol officer who receives criminal information. The report will be processed and forwarded to the appropriate division/unit for retention or follow-up investigation. 400.2.3 PATROL BRIEFINGS Patrol Supervisors, Detective Sergeants, and Special Unit Sergeants are encouraged to share information as much as possible. All supervisors and/or officers will be provided an opportunity to share information at the daily patrol briefings as time permits. 400.2.4 INFORMATION CLIPBOARDS Several information clipboards will be maintained in the briefing room and will be available for review by officers from all divisions within this department. These will include, but not be limited to, the Patrol information clipboard, the Vacation Watch clipboard, Alcohol Permit clipboard and the NCIC clipboard. 400.2.5 BULLETIN BOARDS A bulletin board will be kept in the briefing room and the Criminal Investigations Division for display of suspect information, intelligence reports and photographs. New Special Orders will be made available for patrol supervisors and will be discussed at briefings and shift meetings. A copy of the Special Order will be placed on the briefing room clipboard. 400.3 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Officers should consider enforcement of applicable state and local laws, when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. Patrol Operations - 218 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Racial/Bias Based Profiling 402.1 PURPOSE AND SCOPE The Meridian Police Department strives to provide law enforcement to our community with due regard to the racial and cultural differences of those we serve. It shall therefore be the policy and practice of this department to provide law enforcement services and to enforce the law equally and fairly without discrimination toward any individual(s) or group because of their race, ethnicity or nationality, religion, gender, sexual orientation, or disability. 402.2 DEFINITION Racial/Bias based profiling - For purposes of this section, is the practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped. 402.3 POLICY The practice of racial/bias based profiling is illegal and will not be tolerated by this department. (a) It is the responsibility of every member of this department to prevent, report, and respond appropriately to clear discriminatory or biased practices. (b) Every member of this department engaging in a non-consensual detention shall be prepared to articulate sufficient reasonable suspicion to justify the detention independent of the individual's membership in a protected class. To the extent that written documentation would otherwise be completed (e.g., arrest report, FI card, etc.), the involved officer should include those facts giving rise to the officer's reasonable suspicion or probable cause for the contact. 2. Nothing in this policy shall require any officer to prepare documentation of a contact that would not otherwise involve such reporting. 3. While the practice of racial/bias based profiling is strictly prohibited, it is recognized that race or ethnicity may be legitimately considered by an officer in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., suspect description is limited to a specific race or group). The Meridian Police Department will investigate all complaints of alleged racial/bias based profiling complaints against its members. Employees found to be in violation of this policy are subject to discipline in accordance with this department's disciplinary policy. Racial/Bias Based Profiling - 219 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Patrol Shift Briefings 404.1 PURPOSE AND SCOPE Briefing training is generally conducted at the beginning of the officer's assigned shift. Briefing provides an opportunity for important exchange between employees and supervisors. A supervisor generally will conduct briefing, however officers may conduct briefing for training purposes with supervisor approval. Briefing should accomplish, at a minimum, the following basic tasks: (a) Briefing officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations. (b) Notifying officers of changes in schedules and assignments. (c) Notifying officers of new Special Orders or changes in Special Orders. (d) Reviewing recent incidents for training purposes. (e) Providing training on a variety of subjects. (f) Awards and certificates. (g) Uniform/equipment inspections. 404.2 PREPARATION OF MATERIALS The supervisor conducting Briefing is responsible for preparation of the materials necessary for a constructive briefing. Supervisors may delegate this responsibility to a subordinate officer in his or her absence or for training purposes. 404.3 BRIEFING DURATION Briefings should begin promptly at the beginning of the shift and should run for a maximum of twenty (20) minutes. Additional time may be allotted at the shift supervisors discretion for the purposes of training or inspections, however dispatch shall be notified of the extended time. Consideration shall be taken for the present call load and status of emergency situations when determining whether to extend the briefing period. Officers shall monitor the radio during all briefings for the purposes of being available for emergency calls. Representatives from each of the sections outside patrol should attempt to attend the briefings that coincide with their shift schedule. Patrol Shift Briefings - 220 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Crime And Disaster Scene Integrity 406.1 PURPOSE AND SCOPE The protection and integrity of a crime scene is of the utmost importance for the successful apprehension of criminals and successful prosecution. The integrity of a disaster scene is equally critical for the protection of life and property and investigation by proper authorities. 406.2 CRIME SCENE RESPONSIBILITY The first officer at the scene of a crime or major incident is generally responsible for the preservation of the scene. Officers shall also consider officer safety and public safety issues including rendering medical aid for any injured parties. Once an officer has assumed or been assigned to maintain the integrity of the crime/disaster scene, it shall be maintained until the officer is relieved by a supervisor. 406.2.1 FIRST RESPONDER CONSIDERATIONS The following list generally describes the first responder's function at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation: (a) Ensure no suspects are still within the area. (b) Broadcast emergency information including all requests for additional assistance. (c) Provide first aid to injured parties if it can be done safely. (d) Secure the inner perimeter with crime scene tape. (e) Protect items of apparent evidentiary value. (f) Start a chronological log noting critical times and personnel allowed access. 406.3 SEARCHES AT CRIME OR DISASTER SCENES Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims and determine if suspects are present and continue to pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until proper authority for the search is obtained. 406.4 EXECUTION OF HEALTH ORDERS Any sworn member of this department may execute and enforce all orders of the state board of health and welfare issued pursuant to Idaho Code Title 39, Chapter 6, concerning the control of venereal diseases, and concerning the care, treatment and quarantine of persons infected (Idaho Code 39-605). Crime And Disaster Scene Integrity - 221 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Ride -Along 410.1 PURPOSE AND SCOPE The Ride -Along Program provides an opportunity for citizens to experience the law enforcement function first hand. This policy provides the requirements, approval process, and hours of operation for the Ride -Along Program. 410.1.1 ELIGIBILITY The Meridian Police Department Ride -Along Program is offered to residents, students, those employed within the City and family and friends of officers. Every attempt will be made to accommodate interested persons however any applicant may be disqualified without cause. (a) The following factors may be considered in disqualifying an applicant and are not limited to: 1. Being under 15 years of age 2. Prior criminal history 3. Pending criminal action 4. Pending lawsuit against this department 5. Denial by any supervisor (b) The following restrictions apply: 1. On duty department members may ride with the approval of their own supervisor and the Patrol Shift Supervisor. On duty department personnel may also ride with other agencies as part of their employment only with the prior approval of their Division Commander and adherence to the policies of the agency providing the ride -along. 2. Off duty department members outside of the Patrol Division may ride with the approval of their supervisor and the on duty Patrol Supervisor. 410.1.2 AVAILABILITY All riders under the age of 18yrs should be returned to the station no later than 23:00. 410.2 PROCEDURE TO REQUEST A RIDE -ALONG Generally, ride -along requests will be scheduled by the shift supervisor. The participant will complete a ride -along waiver form. Information requested will include a valid ID or Idaho driver's license, address, and telephone number. If the participant is under 18 years of age, a parent/guardian must be present to complete the Ride -Along Form. The shift supervisor will schedule a date, based on availability, at least one week after the date of application. If approved, a copy will be forwarded to the respective shift supervisor as soon as possible for his/her scheduling considerations. If the ride -along is denied after the request has been made, a representative of this department will contact the applicant and advise him/her of the denial. Ride -Along - 222 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Ride -Along 410.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride -along will be allowed to ride no more than once every three months. An exception would apply to the following: police applicants, family members and all others with approval of the on duty supervisor. 410.2.2 SUITABLE ATTIRE Any person approved to ride along is required to be suitably dressed in collared shirt, blouse or jacket, slacks and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. Hats and ball caps will not be worn in the police vehicle. The Watch Commander or shift supervisor may refuse a ride along to anyone not properly dressed. 410.2.3 PEACE OFFICER RIDE -ALONG Off-duty members of this department or any other law enforcement agency will not be permitted to ride -along with on -duty officers without the expressed consent of the Division Commander. In the event that such a ride -along is permitted, the off-duty employee shall not be considered on -duty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. 410.2.4 RIDE -ALONG CRIMINAL HISTORY CHECK All Ride -along applicants are subject to a criminal history check. The criminal history check may include a local records check and an automated check prior to their approval as a ride -along with a law enforcement officer (provided that the ride -along is not an employee of the Meridian Police Department). 410.3 OFFICER'S RESPONSIBILITY The officer shall advise the dispatcher that a ride -along is present in the vehicle before going into service. Officers shall consider the safety of the ride -along at all times. Officers should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well -lighted place of safety. The dispatcher will be advised of the situation and as soon as practical have another police unit respond to pick up the participant at that location. The ride -along may be continued or terminated at this time. The Shift Supervisor is responsible for maintaining and scheduling ride -along. Upon completion of the ride -along, the form shall be returned to a Division Commander with any comments which may be offered by the officer. 410.4 CONTROL OF RIDE -ALONG The assigned employee shall maintain control over the ride -along at all times and instruct him/her in the conditions that necessarily limit their participation. These instructions should include: (a) The ride -along will follow the directions of the officer. (b) The ride -along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment. (c) The ride -along may terminate the ride at any time and the officer may return the observer to their home or to the station if the ride -along interferes with the performance of the officer's duties. (d) Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety. Ride -Along - 223 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Ride -Along (e) Officers will not allow any ride-alongs to be present in any residences or situations that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other citizen. 410.4.1 WEAPONS AND FIREARMS No weapons or firearms may be carried by any person riding with patrol under this policy, except for certified peace officers. A peace officer may carry a firearm during a scheduled ride -along with patrol officers under the following conditions: (a) The peace officer must provide a copy of their agency identification prior to the ride -along. (b) During the ride -along, the peace officer shall carry the badge and identification issued by the employing agency. (c) The firearm shall be carried out of sight at all times and in such a manner as to prevent accidental cocking, discharge or loss of physical control. (d) Peace officers participating in a ride -along program of this office should take enforcement action only during an incident that poses a threat of serious bodily harm or death to some individual. Precautions will be taken by the on -duty Patrol Shift Supervisor and the designated patrol officer to ensure that this policy is adhered to. Ride -Along - 224 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Hazardous Material Response 412.1 PURPOSE AND SCOPE Hazardous materials present a potential harm to employees resulting from their exposure. The following is to be the policy of this department. 412.1.1 HAZARDOUS MATERIAL DEFINED A hazardous material is a substance which by its nature, containment and reactivity, has the capability of inflicting harm during exposure, characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed. 412.2 HAZARDOUS MATERIAL RESPONSE Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill, or fire. When employees come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens. The following steps should be considered at any scene involving suspected hazardous materials: (a) Attempt to identify type of hazardous substance. (Identification can be determined by placard, driver's manifest or statements from person transporting). (b) Notify the Fire Department. (c) Provide first-aid for injured parties if it can be done safely and without contamination. (d) Begin evacuation of immediate area and surrounding areas dependent on substance. Voluntary evacuation should be considered, however depending on the substance, mandatory evacuation may be necessary. The Meridian Police Department generally defers incidents involving hazardous materials to fire departments or to the Idaho State Police. These agencies will be provided with reasonable support and assistance. 412.2.1 HAZARDOUS MATERIAL ROLE AND RESPONSIBILITY The Idaho State Police is the responsible agency for hazardous materials if no other agency assumes responsibility. The fire department has assumed that role within Meridian. The Meridian Police Department has declined to assume any hazardous material responsibility and will support and aid the fire departments or Idaho State Police in their role (Idaho Code 67-2901). 412.2.2 CLANDESTINE DRUG LABS Suspected clandestine drug labs present extreme dangers from explosions and exposure to hazardous chemicals. Officers encountering a suspected clandestine drug lab should immediately leave the property without disturbing any lights, power, heating or cooking elements. Additionally, equipment and chemicals located at the site should remain undisturbed. The responding officer should request that a supervisor respond to the scene. Hazardous Material Response - 225 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Hazardous Material Response The on -scene Meridian Police Department supervisor at any suspected clandestine drug lab should immediately contact and request a response from the following: (a) Idaho State Police Investigation Lab Team or the nearest ISP Investigation office. (b) The Fire Department or regional hazmat response team. The Meridian Police Department will not assume any responsibility for clean-up of clandestine drug labs, but will support ISP in their investigation. Once a property has been positively identified as a clandestine drug lab, the on -scene Meridian Police Department supervisor will coordinate mandated Department of Health and Welfare notifications with the ISP investigator in charge. If the ISP investigator requests that the Meridian Police Department handle the notifications, the on -scene Meridian Police Department supervisor will be responsible for completing and submitting such reports (IDAPA 16.02.24.110). 412.3 REPORTING EXPOSURE(S) Police Department personnel who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the employee in an employee memorandum that shall be forwarded via chain of command to the Commanding Officer. Should the affected employee be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the memorandum. Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on -duty injury or illness in addition to a crime report or incident report. 412.3.1 SUPERVISOR RESPONSIBILITY When a supervisor has been informed that an employee has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure. To ensure the safety of employees, safety equipment is available through supervisory personnel. Safety items not maintained by this department will be obtained through the Fire Department. Hazardous Material Response - 226 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Hostages And Barricaded Suspects 414.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage. The scope of this policy is not intended to address all variables that officers encounterduring their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event. 414.1.1 DEFINITIONS Definitions related to this policy include: Barricade situation - An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon. Hostage situation - An incident where it is reasonable to believe a person is unlawfully held by a hostage -taker as security so that specified terms or conditions will be met. 414.2 POLICY It is the policy of the Meridian Police Department to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence. 414.3 FIRST RESPONDER CONSIDERATIONS First responding officers should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation. The first responding officer should immediately request a supervisor's response as soon as it is determined that a hostage or barricade situation exists. The first responding officer shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer shall continually evaluate the situation, including the level of risk to officers, to the persons involved and to bystanders, and the resources currently available. The handling officer should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas. 414.3.1 BARRICADE SITUATION Unless circumstances require otherwise, officers handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. During the interim the following options, while not all-inclusive or in any particular order, should be considered: Hostages And Barricaded Suspects - 227 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Hostages And Barricaded Suspects (a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c) Request additional personnel, resources and equipment as needed (e.g., canine team, air support). (d) Provide responding emergency personnel with a safe arrival route to the location. (e) Evacuate non -injured persons in the immediate threat area if it is reasonably safe to do so. (f) Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries. (g) Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access. (h) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (i) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. (j) If necessary and available, establish a tactical or exclusive radio frequency for the incident. (k) Establish a command post. 414.3.2 HOSTAGE SITUATION Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that officers react quickly to developing or changing threats. The following options while not all-inclusive or in any particular order, should be considered: (a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b) Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c) Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages. (d) Assist hostages or potential hostages to escape if it is reasonably safe to do so. Hostages should be kept separated if practicable pending further interview. (e) Request additional personnel, resources and equipment as needed (e.g., canine team, SWAT). (f) Provide responding emergency personnel with a safe arrival route to the location. (g) Evacuate non -injured persons in the immediate threat area if it is reasonably safe to do so. (h) Coordinate pursuit or surveillance vehicles and control of travel routes. Hostages And Barricaded Suspects - 228 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Hostages And Barricaded Suspects (i) Attempt or obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information. (j) Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access. (k) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (1) Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. (m) If necessary and available, establish a tactical or exclusive radio frequency for the incident. 414.4 SUPERVISOR RESPONSIBILITIES Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a SWAT response if appropriate and apprising the SWAT Commander of the circumstances. In addition, the following options, listed here in no particular order, should be considered: (a) Ensure injured persons are evacuated and treated by medical personnel. (b) Ensure the completion of necessary first responder responsibilities or assignments. (c) Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate. (d) Establish a command post location as resources and circumstances permit. (e) Designate assistants who can help with intelligence information and documentation of the incident. (f) If it is practicable to do so, arrange for video documentation of the operation. (g) Consider contacting utility and communication providers when restricting such services (e.g., restricting electric power, gas, telephone service). (h) Ensure adequate law enforcement coverage for the remainder of the City during the incident. The supervisor should direct non-essential personnel away from the scene unless they have been summoned by the supervisor or Ada County Dispatch Center. (i) Identify a media staging area outside the outer perimeter and have the department Public Information Officer or a designated temporary media representative provide media access in accordance with the News Media Relations Policy. (j) Identify the need for mutual aid and the transition of relief of personnel for incidents of extended duration. (k) Debrief personnel and review documentation as appropriate. 414.5 CRISIS RESPONSE UNIT RESPONSIBILITIES It will be the Incident Commander's decision, with input from the SWAT Commander, whether to deploy the SWAT during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the SWAT Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and Hostages And Barricaded Suspects - 229 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Hostages And Barricaded Suspects evacuation, media access and support for the SWAT. The Incident Commander and the SWAT Commander or the authorized designee shall maintain communications at all times. Hostages And Barricaded Suspects - 230 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Response to Bomb Calls 416.1 PURPOSE AND SCOPE These guidelines have been prepared to assist officers in their initial response to incidents involving explosives, explosive devices, or explosion/bombing incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety shall always be the primary consideration. 416.2 BOMB THREATS (a) This procedure should be followed for bomb threats (device not located) received at a school, a commercial business, a government building or other facility: 1. Establish and secure a perimeter around the structure or building of at least 300 feet. 2. Contact the owner or responsible party to coordinate evacuation and search. (b) It is important to consider the following when conducting an evacuation for a bomb threat: 1. Tell people to take their personal belongings including purses, backpacks, briefcases, and boxes. 2. Tell people to open windows and leave doors to their offices open. (c) Conduct a search of the building and surrounding area: 1. Use people familiar with the building, if they are willing to help search. 2. Use canine if available. (d) If a device is located do not touch it: 1. Do not terminate the search, though it can be delayed until the first device is rendered safe. 416.2.1 FOUND EXPLOSIVES/SUSPECT DEVICES (a) No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. When handling an incident involving a suspected improvised explosive device (IED), or found military ordnance the following guidelines should be used (IDAPA 15.13.02.100): 1. The following agencies will be summoned for a suspicious package/IED: (a) Boise Police Bomb Squad (b) Nampa Police Bomb Squad 2. The following agency will be summoned for found military ordnance: (a) Mountain Home AFB EOD Team: 1. Call the Command Post at 828-5200 to request EOD support, and begin the State Comm Conference Call. The EOD Team can be reached directly at 828-6252. Response to Bomb Calls - 231 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Response to Bomb Calls 2. An initial perimeter of 300 feet should be established around the location of the device, until a more appropriate perimeter can be set in accordance with the Bomb Threat Stand-off Card. An access point should be provided for support personnel. (b) As much information as is available should be promptly relayed to the on duty supervisor: 1. The stated threat. 2. Exact comments. 3. Time of discovery. 4. Exact location of device. 5. Full description (e.g. size, shape, markings, construction) of the device. 6. The device should not be touched or moved except by qualified bomb squad personnel. 7. All equipment within 300 feet of the suspected device capable of producing radio frequency (RF) energy should be turned off. This includes two-way radios, cell phones and other personal communication devices. 8. In a congested city environment maintaining a 300 foot clear zone of RF traffic may prove impossible. All attempts will be made not to introduce RF energy within 300 feet of the device. No radio traffic should be permitted within sight of the suspected device. 9. Considerations should be given to sheltering -in-place or evacuating any buildings near the device. 3. Shelter -In -Place: (a) Stay inside of the building, away from windows and exterior walls. (b) A search of the area should be conducted for secondary devices or other objects that are either hazardous or foreign to the area and a perimeter should be established around any additional suspicious device. (c) Explosive or military ordnance of any type should be handled only by the bomb squad or military explosive ordnance disposal teams. 416.3 EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic incidents, a rapid response may help to minimize injury to victims, contamination of the scene by gathering crowds, or additional damage by resulting fires or unstable structures. Whether the explosion was the result of an accident or a criminal act, the responding officers should consider the following actions: (a) Assess the scope of the incident, including the number of victims and extent of injuries. (b) Assist with first aid (Fire Department has primary responsibility). (c) Assist with evacuation of victims (Fire Department has primary responsibility). (d) Identify and take appropriate precautions to mitigate scene hazards such as collapsed structures, blood borne pathogens, hazardous materials and secondary explosive devices. (e) Request additional resources as needed. Response to Bomb Calls - 232 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Response to Bomb Calls (f) Identify witnesses. (g) Preserve evidence. 416.3.1 NOTIFICATIONS When an explosion has occurred, the following people shall be notified as soon as practicable if their assistance is needed: (a) Field Supervisor (b) Additional Officers (c) Fire Department (d) Bomb Squad (e) Watch Commander (f) Detectives (g) Forensic Science Services 416.3.2 CROWD CONTROL Only authorized personnel with a legitimate need shall be permitted access to the scene. Spectators and other unauthorized individuals shall be excluded to a safe distance as is reasonably practicable given the available resources and personnel. 416.3.3 SCENE OF INCIDENT As in any other crime scene, steps should immediately be taken to preserve the scene. The scene could extend over a long distance. Evidence may be embedded in nearby structures or hanging in trees and bushes. Use the Preferred Evacuation Distance on the Bomb Threat Stand-off Card as a guide for the appropriate size of the crime scene. Example: A known pipe bomb has just detonated at the front entrance to City Hall. You need to establish a crime scene perimeter large enough to encompass possible debris from the explosion. You look at the Bomb Threat Stand-off Card and find the first column, Threat Description, and drop down to Pipe Bomb. You see the corresponding columns to the right and go to Preferred Evacuation Distance and see it states +1200 feet. Your recommended crime scene perimeter should then be about 1200 ft., taking into account the geography of the land and the location of the seat of the blast. 416.4 BOMB THREATS RECEIVED AT POLICE FACILITY This procedure should be followed should a bomb threat call be received at the police facility. 416.4.1 BOMB THREATS RECEIVED BY TELEPHONE A Bomb Threat Phone Card will be placed underneath all phones. Ask all questions on the Bomb Threat Phone Card in order, getting as much detail as possible If the incoming call is received at the police facility on a recorded line, steps shall be taken to ensure that the recording is preserved in accordance with the Meridian Police Department policy on evidence After the call is received follow the procedures in 416.2 BOMB THREATS, accordingly. A4 C RAMR TYRPAT CTAMnLACC 7AwIPC Threat Description Explosives Capacity Mandatory Shelter in Place Zone Preferred Evacuation IlDistance Ev i n Distance Pipe Bomb 5 lbs 70 ft 71-1199 ft +1200 ft Response to Bomb Calls - 233 2012/10/15 C 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Response to Bomb Calls Suicide Bomber 20 lbs 110 It 111-1699 ft +1700 ft Briefcase/Suitcase 50 lbs 150 ft 151-1849 ft +1850 ft Car 500 lbs 320 ft 321-1899 ft +1900 ft SUV/Van 1,000 lbs 400 ft 401-2399 ft +2400 ft Small Delivery Truck 4,000 lbs 640 ft 641-3799 ft +3800 ft ontainer ater Int 10,000 lbs 860 ft 861-5099 ft +5100 ft Semi -Trailer 160,000 lbs 11570 ft 1571-9299 ft +9300 ft Response to Bomb Calls - 234 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Mental Hold Commitments 418.1 PURPOSE AND SCOPE This procedure describes an officer's duties when a person is to be committed to a mental health unit pursuant to Idaho Code 66-326. 418.2 AUTHORITY An officer, absent a court order, may place a person into protective custody, when he/she has reason to believe that the person is gravely disabled due to mental illness; or the person's liberty poses an imminent danger to themselves or others (Idaho Code 66-326). (a) Protective custody criteria include but are not limited to the following: 1. Observations by officers (e.g., person's statements, injuries, emotional state, apparent means to carry out the threat, previous history of depression/suicide attempts). 2. Witness observations/statements. 3. Medical professionals observations/opinions. 4. Recommendations of the Mobile Crisis Unit (MCU). (b) In many cases officers may be able to facilitate a voluntary commitment. (c) The handling officer shall be responsible for the following afterthe initial determination that an emergency mental hold is appropriate: 1. The Mobile Crisis Unit must be notified for a consult. 2. If injured the person must first be transported to a hospital emergency room. 3. If not injured the person can be transported to Intermountain Hospital unless directed otherwise by the Mobile Crisis Unit to respond to a hospital. 4. If the mental hold is questionable, contact MCU for a consult with the clinician/designated examiner. The on call person may respond to the scene with in 30 minutes. They will assist in the evaluation of the individual. If the individual does not meet the criteria for the mental hold, the clinician can help provide diversion options such as: Alumbaugh House, Voluntary Psychiatric Admission, Idaho Hope and Region IV Crisis Clinic creating a safety plan. If the client is diverted, the case worker will maintain contact with the client for minimum of seven days. 5. Officers will make all final decisions regarding mental holds. If a disagreement should occur as to whether a subject should be placed on a mental hold or gravely disabled hold between an officer, MCU or medical facility personnel then the officer will contact an on duty supervisor to respond. 6. If there are non-violent misdemeanor or infraction charges pending against the subject, the officer will proceed with the implementation of the emergency mental hold. In addition, the subject should be issued a complaint and summons or a written report should be routed to the City Attorney for issuance of a warrant. The physical -custody arrest of a mentally ill subject for minor offenses shall be the last resort. Facts concerning the subject's mental condition shall be included in the report. Mental Hold Commitments - 235 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Mental Hold Commitments 7. A mentally ill subject will be booked into the Ada County Jail's secure medical facility if the subject commits a serious felony. If this is not possible, the officer shall confer with an on -duty supervisor, as well as the on-call Ada County Prosecuting Attorney when appropriate, for available alternatives, including the option to post a 24-hour police guard on the subject in the hospital. 8. When a juvenile meets the criteria for a mental hold, the officer shall notify the juvenile's guardian. If the officer is unable to make contact with a guardian or if the guardian is unwilling to take appropriate action, the officer will then contact the on -duty supervisor to initiate an imminent danger -child endangerment investigation with the assistance of the CID division. The fact that the officer was unable to find a guardian or the guardian's refusal to cooperate shall be detailed in the officer's report, explaining what methods or means were used or attempted. In juvenile cases, an officer will use a hold pursuant to Idaho Code 16-2411 only if the parents can't (incapacitated) or won't admit the child voluntarily to a hospital. 418.3 OFFICER RESPONSIBILITIES (a) Initial Response 1. When an officer has identified a mentally ill subject involving a probable "gravely disabled" or "imminent danger" situation, he/she shall: Make a decision concerning the existence of sufficient probable cause to believe a grave disability or imminent danger exists to support invoking an emergency mental hold pursuant to Idaho Code 66-326. When making the decision to take a subject into custody, an officer may consider his/her observations of the subject and all other information available, such as statements from others, prior acts of the person, and physical evidence, such as weapons or instruments that would support the danger aspect. 2. This officer shall cause the immediate notification of the Screening Mobile Crisis Unit (MCU) through the 24-hour on-call Region 4 Health and Welfare. Confer via telephone or in person with MCU personnel to make a determination regarding where to transport the subject. 3. Patients already presented for treatment or admitted to the hospital without officer intervention do not require subsequent police involvement for mental holds. (b) Emergency Mental Hold Invoked When an emergency mental hold is invoked and after the MCU consultation is completed, the officer will cause transportation of the subject to: (a) A mental treatment facility, if medical evaluation is not needed. (b) The nearest hospital emergency room, if medical evaluation is needed prior to transport to a mental treatment facility. (c) Give the estimated time of arrival. (d) Whether the patient is cooperative or not. (e) Any specific medical care needed. 2. If the officer takes the subject into custody on an emergency mental hold, the officer will handcuff and transport subject or cause the subject to be transported to a medical treatment facility by a third party. If the subject is admitted for medical treatment at the hospital/facility, a General Report shall be completed, Mental Hold Commitments - 236 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Mental Hold Commitments listing Idaho Code 66-326 and titled "Mental Hold Information." This report shall detail all supporting information. However, a petition shall not be completed. The purpose of the General Report is to document probable cause for the officer to deprive the subject of his/her freedom for a non -criminal purpose. The officer shall note at the bottom of the General Report: "For information only". 3. If the subject has been medically cleared and he/she will not be admitted for medical treatment, the officer shall complete the "Mental Hold" General Report and the signed emergency commitment petition, detailing all supporting information and justifying the detention of the subject. A copy of the petition and a copy of the General Report shall be given to the treatment facility. The officer will maintain the original General Report and the original petition for police records. 4. If the subject is medically cleared while the officer is still at the hospital preparing the necessary paperwork, the officer may transport the subject to the designated in -county mental treatment facility upon completion and delivery of the required documents. However, if the time needed for medical clearance is extended, the officer may leave the subject in the custody of hospital. Law enforcement responsibilities are complete when the subject has been transported to the appropriate medical or mental treatment facility and the required documents have been completed. If an officer brings a subject into a treatment facility that is violent, combative, threatening or presents a clear and immediate risk to the staff with the approval of the on -duty supervisor the officer can stand by until the situation has been contained or resolved. If an officer brings a subject in that is not displaying any violent, combative or threatening behavior once all the required paperwork is completed the officer shall leave the subject at the treatment facility. It is the responsibility of the treatment facility to provide security for the subject, their staff and transportation of the subject to another location should the need arise. (c) Emergency Mental Hold Not Invoked 1. If a hold is not initiated, the officer may provide reasonable assistance at his/her discretion as requested by MCU for alternative arrangements suitable to the facts of the case and the welfare of the subject and others. Unusual assistance, such as transport or extended stand-by, should be cleared through the on -duty supervisor. As a general rule, voluntary 'courtesy" transport of the subject by the officer to a treatment facility should be avoided. 2. A miscellaneous report shall be completed if the person fits the criteria for a mental hold, but the officer does not place the subject on the hold, and no other report is taken. This report shall outline the call response, the circumstances of the contact, and the subsequent decision to not invoke the mental hold. The on -duty supervisor shall be contacted in all cases that fit these criteria. (d) Unusual Circumstances 1. Bring unusual circumstances or transportation requests, including transportation outside city limits, to the immediate attention of an on -duty supervisor prior to taking or completing the action. Mental holds shall not be transported outside of Ada County. 418.3.1 TRANSPORTATION Officers may transport patients in the patrol unit and shall secure them in accordance with the restraint policy. Violent patients or those that are medically unstable may be restrained Mental Hold Commitments - 237 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Mental Hold Commitments and transported by ambulance and ambulance personnel. The officer will escort the patient into the facility and place that person in a designated treatment room as directed by a staff member. As soon as a security staff member becomes available, he/she should relieve the officer and physically remain in the treatment room with the patient. 418.3.2 RESTRAINTS If the patient is violent or potentially violent, the officer will notify the staff of this concern. The staff member in charge will have discretion as to whether soft -restraints will be used. If these restraints are desired, the officer will wait while they are being applied to help provide physical control of the patient, if needed. 418.3.3 MENTAL HEALTH DOCUMENTATION The officer will complete an Officer's Petition And Temporary Custody Order For 24 -Hour Detention for Evaluation and Treatment" form or a court's Application For Commitment order and provide it to the medical and/or Health and Welfare staff member assigned to that patient. The officer will retain a copy of the form for inclusion in the case report. The officer shall also provide a verbal summary to the medical and/or Health and Welfare staff member regarding the circumstances leading to the involuntary detention (Idaho Code 66-326). Mental Hold Commitments - 238 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Cite And Release 420.1 PURPOSE AND SCOPE Idaho law provides that, as to any misdemeanor or infraction triable by a magistrate, a law enforcement officer may, in lieu of making a written complaint, issue to the defendant a uniform citation containing a complaint and a summons to appear in a form and in the manner prescribed by rule of the supreme court (Idaho Code 19-3901). 420.2 STATUTORY REQUIREMENTS Citation releases are authorized by Idaho Code 19-3901. Release by citation for misdemeanor offenses can be accomplished in two separate ways: (a) A field release is when the violator is released in the field without being transported to a jail facility. (b) A jail release is when a violator is released after being transported to the jail and booked. 420.2.1 DISCRETION TO ARREST While this department recognizes the statutory power of peace officers to make arrests throughout the state, officers are encouraged to use sound discretion in the enforcement of the law. On -duty arrests will not generally be made outside the jurisdiction of the City except in cases of hot and/or fresh pursuit, while following up on crimes committed within the City, or while assisting another agency. On -duty officers who discover criminal activity outside the jurisdiction of the City should, when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. Off-duty officers observing criminal activity should generally take enforcement action only when it reasonably appears that imminent risk to life or property exists and the reasonable opportunity does not exist to contact the law enforcement agency with primary jurisdiction. In such situations the involved officer shall clearly identify him/herself as a police officer. Officers are authorized to use verbal or written warnings to resolve minor traffic and criminal violations when appropriate. 420.3 DEPARTMENT The following procedure will be followed to comply with this law. 420.3.1 FIELD CITATIONS In most misdemeanor cases an arrestee may be released on citation provided the individual can be satisfactorily identified, that there is no outstanding arrest warrant for the individual or prior history for failure to appear and that none of the disqualifying circumstances described below are present. Persons under the age of 18 may be released on citation when the above criteria are met. However, officers should consider the nature and circumstances of the offense before deciding to release such individuals. Officers may also release subjects who were taken into custody on a private person's arrest for a misdemeanor offense after the complainant signs the required forms and the officer witnesses the signature, whenever appropriate. Cite And Release - 239 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Cite And Release The officer should contact a supervisor when special circumstances exist affecting the release of a person once that person is in custody. 420.3.2 DISQUALIFYING CIRCUMSTANCES (a) On criminal offenses the following circumstances may disqualify a citation release: 1. The person arrested is so intoxicated that he/she could be a danger to himself/herself or to others. 2. The person arrested requires medical examination or medical care or is otherwise unable to care for his/her own safety. 3. There are one or more outstanding arrest warrants for the person. 4. The person could not provide satisfactory evidence of personal identification. 5. The prosecution of the offense or offenses for which the person was arrested or the prosecution of any other offense or offenses would be jeopardized by the immediate release of the person arrested. 6. There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the person arrested. 7. The person arrested demands to be taken before a magistrate. 8. There is reason to believe that the person would not appear at the time and place specified in the citation. The basis for this determination shall be articulated. (b) A person arrested on the following serious misdemeanor offenses outlined in Idaho Code 49-1405 must be taken without unnecessary delay before the proper magistrate: 1. Negligent homicide. 2. Driving, or being in actual physical control, of a vehicle or operating a vessel while under the influence of alcohol or other intoxicating beverage. 3. Driving a vehicle or operating a vessel while under the influence of any narcotic drug, or driving a vehicle or operating a vessel while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle. 4. Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries. 420.3.3 INSTRUCTIONS TO CITED PERSON The citing officer shall, at the time he/she asks the defendant to sign the citation or servers the citation, call attention to the time and place for appearance and take any other steps he/she deems necessary to ensure that the defendant understands his/her written promise to appear. 420.4 JUVENILE CITATIONS Completion of criminal citations for juveniles is limited to the following circumstances: (a) Alcohol violations (Including DUI) (b) Tobacco violations (c) Fish & Game violations (d) Water Ways violations Cite And Release - 240 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Cite And Release (e) Snowmobile violations (f) Traffic Infractions (g) Traffic misdemeanors All other misdemeanor violations forjuveniles shall be documented with a case number and the case should be handled through the petition process. 420.5 REQUESTING CASE NUMBERS Many cases involving a criminal citation release can be handled without requesting a case number. Traffic situations and local code violations can be documented on the reverse side of the officer's copy of the citation or report. All calls for service that are received via Ada County Dispatch Center where an arrest is made will be given an assigned case number, including documenting all officers and all other essential personnel, who were assigned and or responded to the particular call. Most Idaho Code sections will require a case number to document the incident properly in a report when an arrest is made. This section does not preclude an officer from requesting a case number if he/she feels the situation should be documented more thoroughly in a report. Cite And Release - 241 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrest or Detention of Foreign Nationals 422.1 PURPOSE AND SCOPE Article 36 of the Vienna Convention on Consular Relations, sets forth certain rights of foreign nationals from member countries when arrested, detained or imprisoned by law enforcement officials in this country. This section provides direction to officers when considering a physical arrestor detention of a foreign national. All foreign service personnel shall be treated with respect and courtesy, regardless of the level of established immunity. As noted herein, the United States is a party to several bilateral agreements that obligate our authorities to notify the consulate upon the person's detention, regardless of whether the detained person(s) request that his or her consulate be notified. The list of specific countries that the United States is obligated to notify is listed in the U.S. Department of State Web site: (http://www.travel.state.gov/law/consular/consular 737.html#notification). 422.1.1 DEFINITIONS Foreign National - Anyone who is not a citizen of the United States (U.S.). A person with dual -citizenship, U.S. and foreign, is not a foreign national. Immunity - Refers to various protections and privileges extended to the employees of foreign governments who are present in the U.S. as official representatives of their home governments. These privileges are embodied in international law and are intended to ensure the efficient and effective performance of their official missions (i.e., embassies, consulates, etc.) in foreign countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S. personnel abroad. Although immunity may preclude U.S. courts from exercising jurisdiction, it is not intended to excuse unlawful activity. It is the policy of the U.S. Department of State's Office of Foreign Missions (OFM) that illegal acts by Foreign Service personnel should always be pursued through proper channels. Additionally, the host country's right to protect its citizens supersedes immunity privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of public safety or the commission of a serious crime, regardless of immunity claims. 422.2 ARREST OR DETENTION OF FOREIGN NATIONALS Officers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity received from violators. A person shall not, however, be subjected to in -custody arrest when diplomatic or consular immunity is claimed by the individual or suspected by the officer, and the officer has verified or reasonably suspects that the claim of immunity is valid. 422.3 LEVELS OF IMMUNITY The specific degree of immunity afforded to foreign service personnel within the U.S. is directly related to their function and position in this country. 422.3.1 DIPLOMATIC AGENTS Diplomatic agents (e.g., ambassadors and United Nations representatives) are afforded the highest levels of immunity. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state. The family members of diplomatic Arrest or Detention of Foreign Nationals - 242 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrest or Detention of Foreign Nationals agents enjoy these same immunities. Currently there are no diplomatic agents permanently assigned to Idaho, but they do occasionally visit the state. 422.3.2 CONSULAR OFFICERS Consular officers are the ranking members of consular posts who perform various formal functions on behalf of their own governments. Typical titles include consul general, consul, and vice consul. These officials are immune from arrest or detention, except pursuant to a felony warrant. They are only immune from criminal and civil prosecution arising from official acts. Official acts immunity must be raised as an affirmative defense in the court jurisdiction, and its validity is determined by the court. Under this defense, the prohibited act itself must have been performed as an official function. It is not sufficient that the consular agent was on -duty or in an official capacity at the time of the violation. The family members of consular officers generally enjoy no immunity, however, any family memberwho enjoys a higher level of immunity is issued an identification card by Department of State (DOS) enumerating any privileges or immunities on the back of the card. Examples are consular officers and family members from Russia or China. 422.3.3 HONORARY CONSULS Honorary consuls are part-time employees of the country they represent and are either permanent residents of the U.S. or U.S. nationals (unlike career consular officers, who are foreign nationals on temporary assignment to the U.S.). Honorary consuls may be arrested and detained; limited immunity for official acts may be available as a subsequent defense. Family members have no immunity. 422.4 IDENTIFICATION All diplomatic and consular personnel who are entitled to immunity are registered with the Department of State and are issued distinctive identification cards by the Department of State Protocol Office. These cards are the best means of identifying Foreign Service personnel. They include a photograph, identifying information, and, on the reverse side, a brief description of the bearer's immunity status. Unfortunately, these identification cards are not always promptly issued by the Department of State. In addition to the Department of State identification card, Foreign Service personnel should also have a driver license issued by the Department of State Diplomatic Motor Vehicle Office (DMVO), which in most circumstances replaces the operator's license issued by the state. 422.4.1 VEHICLE REGISTRATION Vehicles that are owned by foreign missions or Foreign Service personnel and their dependents are registered with the Department of State OFM and display distinctive red, white, and blue license plates. Vehicles assigned to diplomatic or consular officers will generally have license plates labels with the words diplomat or consul. Vehicles owned by honorary consuls are not issued OFM license plates; but may have Idaho license plates with an honorary consul label. Driver's identity or immunity status should not be presumed from the type of license plates displayed on the vehicle. The status of an OFM license plate should be run via the National Law Enforcement Telecommunications System (NLETS), designating US as the state, if the officer has reason to question the legitimate possession of the license plate. 422.5 ENFORCEMENT PROCEDURES The following procedures provide a guideline for handling enforcement of foreign nationals: Arrest or Detention of Foreign Nationals - 243 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrest or Detention of Foreign Nationals 422.5.1 CITABLE OFFENSES An enforcement document shall be issued at the scene for all violations warranting such action, regardless of the violator's immunity status. The issuance of a citation is not considered an arrest or detention under current Department of State guidelines. Whenever the equivalent of a citation is issued to an immunity claimant, the following additional procedures shall be followed by the arresting officer: (a) Identification documents are to be requested of the claimant. (b) The title and country represented by the claimant are to be recorded on the back of the officer's copy of the citation for later reference. Do not include on the face of the citation. (c) The claimant shall be requested to sign the citation. If the claimant refuses, the identity and immunity status of the individual shall be conclusively established. (d) Verified diplomatic agents and consular officers, including staff and family members from countries with which the U.S. has special agreements, are not required to sign the citation. The word Refused shall be entered in the signature box, and the violator shall be released. (e) Verified consular staff members, excluding those from countries with which the U.S. has special agreements, are generally obligated to sign the citation, but a signature shall not be required if their immunity status is uncertain. (f) All other claimants are subject to Vehicle Code arrests and policy and procedures outlined in this chapter. (g) The violator shall be provided with the appropriate copy of the citation. 422.5.2 IN -CUSTODY ARRESTS Diplomatic agents and consular officers are immune from arrest or detention (unless they have no identification and the detention is to verify their diplomatic status). Proper identification of immunity claimants is imperative in potential in -custody situations. Claimants who are not entitled to immunity shall be placed in custody in accordance with the provisions outlined in Policy Manual § 422.6 of this policy. A subject who is placed under arrest and claims diplomatic or consular immunity shall not be physically restrained before verification of the claim (unless restraint is necessary for the protection of the officer or others.) A supervisor shall be promptly notified and should respond to the scene when possible. Field verification of the claimant's identity is to be attempted as follows: (a) Identification cards issued by the Department of State, Protocol Office, are the only valid evidence of diplomatic or consular immunity. The following types of identification cards are issued: Diplomatic (blue bordered), Consular (red bordered), and Official (green bordered), The Department of State identification cards are 3-3/4 inch by 1-1/2 inch and contain a photograph of the bearer. (b) Initiate telephone verification with the Department of State. Newly arrived members of diplomatic or consular missions may not yet have official Department of State identity documents. Verify immunity by telephone with the Department of State any time an individual claims immunity and cannot present satisfactory identification, the officer has reason to doubt the claim of immunity, or there is a possibility of physical arrest. Law enforcement personnel should use the following numbers in order of preference: Arrest or Detention of Foreign Nationals - 244 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrest or Detention of Foreign Nationals Office of Foreign Missions Office of the Foreign Missions San Francisco, CA Los Angeles, CA (415) 744-2910, Ext. 22 or 23 (310) 235-6292, Ext. 121 or 122 (415) 744-2913 FAX (310) 235-6297 FAX 0800-1700 PS 0800-1700 PST Office of Foreign Missions Department of State Diplomatic Motor Vehicle Office Diplomatic Security Service Washington D.C. Command Center (202) 895-3521 (Driver License Verification) Washington D.C. or (202) 647-7277 (202) 895-3532 (Registration Verification) (202) 647-1512 (202) 895-3533 FAX (Available 24 hours) (0815-1700 EST) 202 647-0122 FAX Members of diplomatic or consular missions also may have other forms of identification. These include identification cards issued by Office of Emergency Services, local law enforcement agencies, the foreign embassy, or consulate; driver licenses issued by Department of State; and, Department of State license indicia on the vehicle. All these items are only an indication that the bearer may have some form of immunity. Subjects verified through the above procedures as being officials entitled to immunity (diplomatic agent, consular officers and consular staff and family members from countries with which the U.S. has special agreements) may not be arrested. The procedures below shall be followed. These procedures should also be used in the event immunity cannot be verified, but another form of identification indicates that immunity is probable. If the release of the violator will not create an additional hazard, adequate information to properly identify the violator shall be obtained then the official shall be released. A supervisor's approval for the release shall be obtained whenever possible. The necessary release documents and/or a Certificate of Release form should only be issued under the proper conditions. If the violator appears to have been driving while under the influence, field sobriety tests, including Preliminary Alcohol Screening (PAS) device tests and chemical tests should be offered and obtained whenever possible, however, these tests cannot be compelled. The subject shall not be permitted to drive. A supervisor's approval for release shall be obtained whenever possible and alternative transportation should be arranged. All facts of the incident shall be documented in accordance with this policy in a Driving Under the Influence (DUI) Arrest -Investigation Report, Arrest -Investigation Report and/or any other relevant Report form. Notwithstanding the field release of the subject, prosecution is still appropriate and should be pursued by the command concerned. The Department of State will take appropriate sanctions against errant foreign service personnel, even where prosecution is not undertaken by the agency. 422.6 TRAFFIC COLLISIONS Persons involved in traffic collisions who possess a Department of State OFM Diplomatic Driver License, issued by the DMVO, shall have D coded in the license class box of the Traffic Collision Report. The actual driver license class (e.g., 1, 2, 3, or A, B, C, M) shall be entered in the miscellaneous box on page two of the traffic report. If Arrest or Detention of Foreign Nationals - 245 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrest or Detention of Foreign Nationals subsequent prosecution of the claimant is anticipated, the claimant's title, country, and type of identification presented should be recorded for future reference. Issuance of a citation to, or arrest of, an immunity claimant at the accident scene should be handled in accordance with the procedures specified in Policy Manual § 422.5 of this chapter. 422.6.1 VEHICLES Vehicles, which are owned by subjects with full immunity, may not be searched, stored, or impounded without the owner's permission. (Such permission may be assumed if the vehicle has been stolen.) These vehicles may, however, be towed the necessary distance to remove them from obstructing traffic or creating any other hazard. 422.6.2 REPORTS A photocopy of each traffic collision report involving an identified diplomat and/or immunity claimant shall be forwarded to the office of the Chief of Police within 48 hours whether or not the claim is verified. The words Immunity Claim shall be marked on the photocopy, together with a notation of the claimant's title, country, and type of identification presented (if applicable). In addition to the report, a follow-up cover memorandum should be submitted if the violation was flagrant, if the claimant was uncooperative, or if there were any other unusual aspects of the enforcement contact that should be reported to the Department of State for further action. The Shift Supervisor/Supervisor apprised of the incident/accident shall also send a copy of all documents and reports submitted by the investigating officer along with any supervisor's notes, materials and/or logs to the Chief of Police's office within 48 hours of the incident. The Chief of Police's office will check to ensure that notification of Department of State and all necessary follow-up occur. 422.7 FOREIGN NATIONALS WHO DO NOT CLAIM IMMUNITY These policies and procedures apply to foreign nationals who do not claim diplomatic or consular immunity. Officers shall arrest foreign nationals only under the following circumstances: (a) There is a valid warrant issued for the person's arrest. (b) There is probable cause to believe that the foreign national has violated a federal criminal law, a state law, or a local ordinance. (c) Officers shall not arrest foreign nationals solely for alleged undocumented entry into the U.S. unless the undocumented entry is committed in the officer's presence. After a lawful detention or criminal arrest, officers may detain foreign nationals solely for alleged undocumented presence in the U.S. if the U.S. Immigration and Customs Enforcement (ICE) is contacted and can respond to take custody within a reasonable time. Officers shall not arrest foreign nationals for undocumented presence. Federal courts have consistently held that undocumented presence is not a crime but a federal civil violation only enforceable by federal officers. Officers shall not stop or detain persons solely for determining immigration status International treaty obligations provide for notification of foreign governments when foreign nationals are arrested or otherwise detained in the U.S. Whenever an officer arrests and incarcerates a foreign national or detains a foreign national for investigation for over two hours, the officer shall promptly advise the individual that he/she is entitled to have his/her government notified of the arrest or Arrest or Detention of Foreign Nationals - 246 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Arrest or Detention of Foreign Nationals detention. If the individual wants his/her government notified, the officer shall begin the notification process 422.7.1 ARREST PROCEDURE Whenever an officer physically arrests or detains an individual for criminal investigation and the officer reasonably believes the person to be a foreign national, the officer shall inquire to determine the person's citizenship. This procedure applies to detentions of more than two hours. An inquiry is not required if the individual is detained less than two hours for criminal investigation. If the individual indicates that he/she is other than a U.S. citizen, the officer shall advise the individual that he/she has a right to have the nearest appropriate embassy or consulate notified of the arrest/detention (Vienna Convention on Consular Relations, Art. 36, (1969)). If the individual requests such notification, the officer shall contact Ada County Dispatch Center as soon as practical and request the appropriate embassy/consulate be notified. Officers shall provide Ada County Dispatch Center with the following information concerning the individual: (a) Country of citizenship (b) Full name of individual, including paternal and maternal surname, if used (c) Date of birth or age (d) Current residence (e) Time, date, place, location of incarceration/detention, and the 24-hour telephone number of the place of detention if different from this department If the individual claims citizenship of one of the countries for which notification of the consulate/embassy is mandatory, officers shall provide Ada County Dispatch Center with the information above as soon as practicable, regardless of whether the individual desires that the embassy/consulate be notified. This procedure is critical because of treaty obligations with the particular countries. The list of countries and jurisdictions that require notification can be found on the U.S. Department of State website. 422.7.2 DOCUMENTATION Officers shall document on the face page and in the narrative of the appropriate Arrest -Investigation Report the date and time Ada County Dispatch Center was notified of the foreign national's arrest/detention and his/her claimed nationality. Arrest or Detention of Foreign Nationals - 247 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Rapid Response And Deployment 424.1 PURPOSE AND SCOPE Violence in schools, workplaces and other locations by any individual or group of individuals presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist responding officers as they make decisions in these rapidly unfolding and tense situations. 424.2 POLICY The policy of this department in dealing with the crisis situation shall be: (a) To obtain and maintain complete operative control of the incident. (b) To explore every reasonably available source of intelligence regarding the circumstances, location, and suspect(s) in the incident. (c) To attempt, by every means available, to attain any tactical advantage over the responsible individual(s). (d) To attempt, whenever feasible, a negotiated surrender of the suspect(s) and release of the hostages through the expertise of the members of this department and others. (e) When an emergency situation exists, neutralize the threat as rapidly as reasonably possible to minimize injury and loss of life. Nothing in this policy shall preclude the use of necessary force, deadly or otherwise, by members of this department in protecting themselves or others from death or serious injury. 424.3 CONSIDERATIONS If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger, first responding officers should consider reasonable options to immediately eliminate the threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances, whether to advance on the suspect, take other actions to deal with the threat or wait for additional resources. When deciding on a course of action officers should consider (a) Whether sufficient personnel are available on -scene to advance on the suspect. Any advance on a suspect should be made using teams of two or more officers whenever reasonably possible. (b) Whether individuals who are under imminent threat can be moved out of danger with reasonable safety. (c) Whether the officers have the ability to effectively communicate with others in the field. (d) Whether planned tactics can be effectively deployed. (e) The availability of rifles, shotguns, shields, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage. (f) In a case of a barricaded suspect with no hostages and no immediate threat to others, officers should consider summoning and waiting for additional assistance (SWAT/SRT/CNT). Rapid Response And Deployment - 248 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Rapid Response And Deployment (g) If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity toward others, the officer should take immediate action, if reasonably possible, to stop the threat presented by the suspect while calling for additional assistance. 424.3.1 DECISION TO ADVANCE ON SUSPECT The decision to advance on the suspect(s) is a decision that the on -scene first responders must make. The multitude of variables in such a circumstance requires a rapid assessment of the situation, a decision as to the best tactics to implement and the timely action necessary to resolve the incident. The following are some examples: (a) Barricaded suspect wait for additional assistance probable SWAT/SRT/CNT response unless timely resolved. (b) Barricaded suspect with hostages and no harm done to the hostages wait for additional assistance or SWAT/SRT/CNT response. (c) Suspect actively harming hostages or others in the area take immediate action, if possible, to neutralize the threat presented by the suspect while calling for assistance. Rapid Response And Deployment - 249 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Reporting Police Activity Outside of Jurisdiction 426.1 PURPOSE AND SCOPE This policy provides general guidelines for reporting police activity while on or off-duty and occurring outside the jurisdiction of the City of Meridian. 426.1.1 ASSISTANCE TO AGENCIES OUTSIDE THE CITY When an officer is on -duty and is requested by an allied agency to participate in law enforcement activity in another jurisdiction, he/she shall obtain prior approval from the immediate supervisor or the Shift Supervisor. If the request is of an emergency nature, the officer shall notify Ada County Dispatch Center before responding and thereafter notify a supervisor as soon as practical. 426.1.2 LAW ENFORCEMENT ACTIVITY OUTSIDE THE CITY Any on -duty officer, who engages in law enforcement activities of any type outside the immediate jurisdiction of the City of Meridian shall notify his or her supervisor or the Shift Supervisor at the earliest possible opportunity. Any off-duty officer who engages in any law enforcement activities, regardless of jurisdiction shall notify the Shift Supervisor as soon as practical. The supervisor shall determine if a case report or other documentation of the officer's activity is required. The report or other documentation shall be forwarded to the officer's Division Commander. Reporting Police Activity Outside of Jurisdiction - 250 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Immigration Violations 428.1 PURPOSE AND SCOPE The immigration status of individuals alone is generally not a matter for police action. It is incumbent upon all employees of this department to make a personal commitment to equal enforcement of the law and equal service to the public regardless of immigration status. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community. 428.2 DEPARTMENT POLICY The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement of the provisions of Title 8, United States Code dealing with illegal entry. When assisting ICE at its specific request, or when suspected criminal violations are discovered as a result of inquiry or investigation based on probable cause originating from activities other than the isolated violations of Title 8, USC §§ 1304, 1324, 1325 and 1326 this department may assist in the enforcement of federal immigration laws. 428.3 PROCEDURES FOR IMMIGRATION COMPLAINTS Persons wishing to report immigration violations should be referred to the local office of the U.S. Immigration and Customs Enforcement (ICE), 1185 S. Vinnell Way, Boise, Idaho 83709 (208) 685-6600. The Employer Sanction Unit of ICE has primary jurisdiction for enforcement of Title 8. United States Code. 428.3.1 BASIS FOR CONTACT Unless immigration status is relevant to another criminal offense or investigation (e.g., harboring, smuggling, terrorism), the fact that an individual is suspected of being an undocumented alien shall not be the sole basis for contact, detention or arrest. 428.3.2 ENFORCEMENT The Meridian Police Department does not independently conduct enforcement action or other concentrated efforts to detain suspected undocumented aliens. When enforcement efforts are increased in a particular area, equal consideration should be given to all suspected violations and not just those affecting a particular race, ethnicity, age, gender, sexual orientation, religion, socioeconomic status or other group. The disposition of each contact (e.g., warning, citation, arrest, etc.), while discretionary in each case, should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion or socioeconomic status. 428.3.3 ICE REQUEST FOR ASSISTANCE If a specific request is made by ICE or any other federal agency, this department will provide available support services, such as traffic control or peacekeeping efforts, during the federal operation. Members of this department should not participate in such federal operations as part of any detention team unless it is in direct response to a request for assistance on a temporary Immigration Violations - 251 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Immigration Violations basis or for officer safety. Any detention by a member of this department should be based upon the reasonable belief that an individual is involved in criminal activity. 428.3.4 IDENTIFICATION Whenever any individual is reasonably suspected of a criminal violation (infraction, misdemeanor or felony), the investigating officer should take reasonable steps to determine the person's identity through valid identification or other reliable sources. If an individual would have otherwise been released for an infraction or misdemeanor on a citation, the person should be taken to the station and given a reasonable opportunity to verify his/her true identity (e.g., telephone calls). If the person's identity is thereafter reasonably established, the original citation release should be completed without consideration of immigration status. 428.3.5 ARREST If the officer intends to take enforcement action and the individual is unable to reasonably establish his/her true identity, the officer may take the person into custody on the suspected criminal violation. 428.3.6 NOTIFICATION OF IMMIGRATION AND CUSTOMS ENFORCEMENT If an officer believes that an individual taken into custody for a felony is also an undocumented alien, after he/she is formally booked and there is no intention to transport to the County Jail, ICE shall be informed by the arresting officer so that they may consider placing an immigration hold on the individual. If an officer believes that an individual taken into custody for an offense other than a felony is also an undocumented alien and there is no intention to transport the person to the county jail after he/she is formally booked, ICE may be notified for consideration of an immigration hold. In making the determination whether to notify ICE in such circumstances, the officer should, in consultation with a supervisor, consider the totality of circumstances of each case, including, but not limited to: (a) Seriousness of the offense (b) Community safety (c) Potential burden on ICE (d) Impact on the immigrant community Generally, officers will not need to notify ICE when booking arrestees at the county jail. Immigration officials routinely interview suspected undocumented aliens who are booked into the county jail on criminal charges and notification will be handled according to jail operation procedures. 428.4 CONSIDERATIONS PRIOR TO REPORTING TO ICE The Meridian Police Department is concerned for the safety of local citizens and thus detection of criminal behavior is of primary interest in dealing with any person. The decision to arrest shall be based upon those factors which establish probable cause and not on arbitrary aspects. Race, ethnicity, age, gender, sexual orientation, religion, and socioeconomic status alone are of no bearing on the decision to arrest. Immigration Violations - 252 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Immigration Violations All individuals, regardless of their immigration status, must feel secure that contacting law enforcement will not make them vulnerable to deportation. Members should not attempt to determine the immigration status of crime victims and witnesses or take enforcement action against them absent exigent circumstances or reasonable cause to believe that a crime victim or witness is involved in violating criminal laws. Generally, if an officer suspects that a victim or witness is an undocumented immigrant, the officer need not report the person to ICE unless circumstances reasonably indicate such reporting is reasonably necessary. Nothing in this policy is intended to restrict officers from exchanging legitimate law enforcement information with any other federal, state or local government entity (8 USC § 1373; 8 USC § 1644). 428.4.1 U-VISA/T-VISA NONIMMIGRANT STATUS Under certain circumstances federal law allows temporary immigration benefits to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U and T)). A declaration/certification for a U-Visa/T-Visa from the U.S. Citizenship and Immigration Services may be completed on the appropriate U.S. Department of Homeland Security (DHS) Form 1-918 or 1-914 by law enforcement and must include information on how the individual can assist in a criminal investigation or prosecution in order for a U-Visa/T-Visa to be issued. Any request for assistance in applying for U-Visa/T-Visa status should be forwarded in a timely manner to the Criminal Investigations Division sergeant assigned to supervise the handling of any related case. The Criminal Investigations Division sergeant should do the following: (a) Consult with the assigned detective to determine the current status of any related case and whether further documentation is warranted. (b) Review the instructions for completing the declaration/certification if necessary. Instructions for completing Forms 1-918/1-914 can be found on the U.S. DHS website at http://www.uscis.gov/portal/site/uscis. (c) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the declaration/certification has not already been completed and whether a declaration/certification is warranted. (d) Address the request and complete the declaration/certification, if appropriate, in a timely manner. (e) Ensure that any decision to complete or not complete the form is documented in the case file and forwarded to the appropriate prosecutor. Include a copy of any completed certification in the case file. Immigration Violations - 253 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Patrol Rifles 432.1 PURPOSE AND SCOPE The Meridian Police Department will make patrol rifles available to qualified patrol officers as an additional and more immediate tactical resource. 432.2 PATROL RIFLE 432.2.1 AUTHORIZED FIREARMS A patrol rifle is an authorized weapon which is owned by this department and which is made available to properly trained and qualified officers as a supplemental resource to their duty handgun. The authorized patrol rifle issued by this department is the AR15. No personally owned rifles may be carried for patrol duty unless pre -approved in writing by the Chief of Police and the department's Rangemaster as listed below. (a) Personally owned patrol rifles: Officers allowed: (a) Those officers (Patrol or Detectives) that have successfully completed their introductory period. Officers must receive written approval from the Chief of Police after they have successfully completed department training, passed the department qualification course and received Rangemaster recommendation. (b) Rifles allowed: AR -15 223/5.56 caliber rifles. No specific brand would be recommended or excluded it would be subject to Rangemaster approval to determine if the weapon was serviceable. The rifle must be inspected and approved by the Rangemaster. Serial numbers of those rifles will be recorded and maintained on file by the Rangemaster. (c) Officers shall carry only ammunition authorized by this department. Additional ammunition maybe carried in either full magazines or full boxes and must be department approved. 2. In the case of CITF seizure: (a) Rifles seized due to a critical incident may be replaced at discretion of the Chief of Police. The officer would be allowed to use that rifle until the time that their rifle is returned from evidence. At that time the officer would return the department purchased rifle to the department. Slings, sights or other parts that the officer purchased would not be replaced. Personal Rifles that are damage, stolen during training or operations may be replaced by the department as outlined above at the discretion of the Chief of Police. 432.3 AMMUNITION Officers shall carry only ammunition authorized by this department. Officers shall be issued fresh duty ammunition in the specified quantity for all firearms issued by this department during the officer's first scheduled qualification each year. Officers carrying personally owned authorized firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above. Additional ammunition will be at the officers own expense. Patrol Rifles - 254 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Patrol Rifles Replacements for un -serviceable or depleted ammunition issued by this department shall be dispensed by the armorer when needed in accordance with established policy. Additional ammunition may be carried in either full magazines or full boxes and must be department approved. 432.4 FIREARMS QUALIFICATIONS All sworn personnel are required to qualify bi-annually with the patrol rifle on an approved range course. The Rangemaster shall keep accurate records of qualifications, repairs, maintenance, training or as directed by the Training Coordinator. In addition to regular qualification schedules, the Rangemaster shall be responsible for providing all sworn personnel with annual practical training designed to simulate field situations. At least annually, all personnel carrying a firearm will receive training on the Use of Force policy of this department and demonstrate their knowledge and understanding. 432.5 NON QUALIFICATION If any officer is unable to qualify for any reason, including injury, illness, duty status, or scheduling conflict, that officer shall submit a memorandum to his or her immediate supervisor prior to the end of the required shooting period. Sworn members who fail to qualify on their third shooting attempt shall be provided remedial training until proficiency is demonstrated. Members who repeatedly fail to qualify will be relieved from field assignment and appropriate disciplinary may follow. 432.6 PATROL READY Any qualified officer carrying a patrol rifle in the field shall maintain the weapon in a patrol ready condition until deployed. A rifle is considered in a patrol ready condition when it has been inspected by the assigned officer, the fire selector switch is in the safe position, the chamber is empty and a fully loaded magazine is inserted into the magazine well. Patrol Rifles - 255 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Aircraft Accidents 434.1 PURPOSE AND SCOPE This policy describes situations involving aircraft accidents including responsibilities of personnel, making proper notification, and documentation. 434.2 RESPONSIBILITIES In the event of an aircraft crash the employee responsibilities are as follows: 434.2.1 OFFICER RESPONSIBILITY Officers should treat an aircraft crash site as a crime scene until it is determined that such is not the case. If a military aircraft is involved, additional dangers, such as live ordnance or hazardous materials, may be present. The scene may require additional security due to the potential presence of confidential equipment or information. The duties of the field officer at the scene of an aircraft accident include the following: (a) Determine the nature and extent of the accident. (b) Request additional personnel and other resources to respond as needed. (c) Provide assistance for the injured parties until the arrival of fire department personnel and/or other emergency personnel. (d) Cordon off and contain the area to exclude unauthorized individuals as soon as practicable. (e) Provide crowd control and other assistance until directed otherwise by a supervisor. (f) Ensure the coroner's office is notified if a death occurs. Entering an aircraft or tampering with parts or debris is only permissible for the purpose of removing injured or trapped occupants, protecting the wreckage from further damage or protecting the public from danger. If possible, the investigating authority should first be consulted before entering or moving any aircraft or any crash debris. Photographs or sketches of the original positions should be made whenever feasible. The fire department will be responsible for control of the accident scene until the injured parties are cared for and the accident scene has been rendered safe for containment. Thereafter, police personnel will be responsible for preserving the scene until relieved by the investigating authority. Once the scene is relinquished to the investigating authority, personnel from this department may assist in containment of the scene until the investigation is completed or assistance is no longer needed. An airport service worker or the airport manager may respond to the scene to assist the on -scene commander with technical expertise, should it be needed during the operation. 434.2.2 NATIONAL TRANSPORTATION SAFETY BOARD (NTSB) The NTSB has the primary responsibility for investigating accidents involving civil aircraft. In the case of a military aircraft incident, the appropriate branch of the military will be involved Aircraft Accidents - 256 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Aircraft Accidents in the investigation. The NTSB is concerned with several aspects of a crash as described in this section. Every effort should be made to preserve the scene to the extent possible in the condition in which it was found until such time as NTSB or other authorized personnel arrive to take charge of the scene. Military personnel will respond to take charge of any military aircraft involved, whether or not injuries or deaths have occurred. If the accident did not result in a death or injury and the NTSB elects not to respond, the pilot or owner may assume control of the aircraft. Removal of the wreckage shall be done under the guidance of the NTSB or military authorities or, if the NTSB is not responding for an onsite investigation, at the discretion of the pilot or the owner. 434.2.3 ADA COUNTY DISPATCH CENTER RESPONSIBILITIES Dispatchers are responsible to make notifications as directed once an aircraft accident has been reported. The notifications will vary depending on the type of accident, extent of injuries or damage, and the type of aircraft involved. Generally, the dispatcher will need to notify the following agencies or individuals when an aircraft accident has occurred: (a) Fire Department. (b) The affected airport tower. (c) Closest military base if a military aircraft is involved. (d) Ambulances or other assistance as required. When an aircraft accident is reported to the Police Department by the airport tower personnel the dispatcher receiving such information should verify that the tower personnel will contact the Federal Aviation Administration (FAA) Flight Standards District Office and the National Transportation Safety Board (NTSB). In the event that airport personnel are not involved, the dispatcher should notify the FAA and the NTSB. 434.2.4 PUBLIC INFORMATION OFFICER RESPONSIBILITIES The Meridian Police Department's Public Information Officer is responsible for the following: (a) Obtain information for a press release from the on -scene commander or his or her designee. (b) When practical, the Meridian Police Department's Public Information Officer should coordinate with the FAA Press Information Officer to prepare a press release for distribution to the Media. Information released to the press regarding any aircraft accident should be handled by the Meridian Police Department's Public Information Officer or in accordance with existing policy. 434.3 DOCUMENTATION Any aircraft accident (crash) within the City, regardless of whether injuries or deaths occur, shall be documented. Aircraft Accidents - 257 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Field Training Officer Program 436.1 PURPOSE AND SCOPE The Field Training Program is intended to provide a standardized program to facilitate the officer's transition from the academic setting to the actual performance of general law enforcement duties of the Meridian Police Department. It is the policy of this department to assign all new police officers to a structured Training Program that is designed to prepare the new officer to perform in a patrol assignment possessing all skills needed to operate in a safe, skillful, productive and professional manner. 436.2 FIELD TRAINING OFFICER SELECTION AND TRAINING The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training and evaluating entry level and lateral police officers in the application of their previously acquired knowledge and skills. The FTO is expected to reflect a high level of personal integrity, character and maturity. 436.2.1 SELECTION PROCESS FTO's will be selected based on the following requirements: (a) Desire to be an FTO. (b) Minimum of four years of patrol experience, two of which shall be with this department. (c) Demonstrated ability as a positive role model. (d) FTO candidates must be nominated by their peers or supervisors and appointed by the Chief. (e) FTO candidates may have to participate in an oral interview with FTO supervisory staff prior to appointment. (f) Evaluation by supervisors and current FTO's. (g) Possess a POST Basic certificate. (h) Must be able to pass the basic POST Physical Fitness requirements. 436.2.2 TRAINING An officer selected as a Field Training Officer shall successfully complete a Field Training Officer's Course prior to being assigned as an FTO. 436.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The Field Training Officer Program supervisors will be selected from the rank of sergeant or above by the Patrol Division Commander or his/her designee. The responsibilities of the FTO Program Supervisor include the following: (a) Assignment of trainees to FTOs. (b) Conducting FTO meetings. (c) Maintain and ensure FTO/Trainee performance evaluations are completed. Field Training Officer Program - 258 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Field Training Officer Program (d) Maintain, update and issue the Field Training Manual to each trainee. (e) Monitor individual FTO performance. (f) Monitor overall FTO Program. (g) Maintain liaison with other agency's FTO Coordinators. (h) Maintain liaison with academy staff on recruit performance during the academy. (i) Develop ongoing training for FTOs. (j) The development and administration of the Advanced Academy. The FTO Program supervisors should be required to successfully complete a POST approved Field Training Supervisor's School while he/she holds that position. 436.4 TRAINEE DEFINED Any entry level or lateral police officer newly appointed to the Meridian Police Department who has not successfully completed training programs as required by this department and POST. 436.5 REQUIRED TRAINING Entry level officers shall be required to successfully complete the Field Training Program, which shall consist of a minimum of 40 hours for completing the POST FTO Manual. The training period for lateral officers may be modified depending on the trainee's demonstrated performance and level of experience. To the extent practicable, entry level and lateral officers should be assigned to a variety of Field Training Officers, shifts and geographical areas during their Field Training Program. 436.5.1 FIELD TRAINING MANUAL Each new officer will have daily access to their Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the Meridian Police Department. The officer shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. The Field Training Manual will specifically cover those policies, procedures, rules and regulations enacted by the Meridian Police Department. 436.6 EVALUATIONS Evaluations "Daily Observation Reports" are an important component of the training process and shall be completed as outlined below. 436.6.1 FIELD TRAINING OFFICER The FTO will be responsible for the following: (a) Complete and submit a Daily Observation Report on the performance of their assigned trainee to his/her FTO Coordinator on a daily basis. (b) Review the Daily Trainee Performance Evaluations with the trainee each day. (c) Complete a detailed end -of -phase performance evaluation on his/her assigned trainee at the end of each phase of training. Field Training Officer Program - 259 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Field Training Officer Program (d) Signing off all completed topics contained in the Field Training Manual, noting the method(s) of learning and evaluating the performance of his/her assigned trainee. 436.6.2 FIELD TRAINING COORDINATOR The Field Training Coordinator will review and approve the Daily Trainee Performance Evaluations submitted by the FTO. 436.6.3 TRAINEE At the completion of the Field Training Program, the trainee shall submit a confidential performance evaluation on each of their FTO's and on the Field Training Program. 436.7 DOCUMENTATION All documentation of the Field Training Program will be retained in the officer's training files and will consist of the following: (a) Daily Trainee Performance Evaluations (D.O.R.s, S.O.R.s, examinations, etc.). (b) End of phase evaluations. (c) A Certificate of Completion certifying that the trainee has successfully completed the required number of hours of field training. (d) The FTO Manual. 436.8 FIELD TRAINING PROGRAM DURATION The standard field training program will have a duration of fourteen weeks. The FTO Coordinator shall have the discretion to recommend shortening or lengthening the program (remediation), subject to evaluations by the Chief of Police or his designee on the progress of the individual officer. The normal field training program is outlined as follows: (a) Phase I - Initial phase which includes orientation. (4 weeks) (b) Phase II - (4 weeks) (c) Phase III - (4 weeks) (d) Phase IV - (2 weeks) should be back with phase I FTO. Field Training Officer Program - 260 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Photographing of Field Detainees 440.1 PURPOSE AND SCOPE The purpose of this Policy is to establish guidelines for conducting field interviews (FI) and pat -down searches and the taking and retention of photographs of persons detained in the field but not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph a field detainee shall be left to the discretion of the involved officer based on the totality of the circumstances available to them at the time of the detention. 440.2 DEFINITIONS Detention - Occurs when an officer intentionally, through words, actions or physical force causes an individual to reasonably believe he/she is being required to restrict his/her movement. Detentions also occur when an officer actually restrains a person's freedom of movement. Consensual Encounter - Occurs when an officer contacts an individual but does not create a detention through words, actions or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary. Field Interview (FI) - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. Field Photographs - Field photographs are defined as posed photographs taken of a person during a contact, detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video (MAV) system when persons are not posed for the purpose of photographing are not considered field photographs. Pat -Down Search - This is the normal type of search used by officers in the field to check an individual for weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee, or others. 440.3 FIELD INTERVIEWS Officers may stop individuals for the purpose of conducting an FI where reasonable suspicion is present. In justifying the stop, the officer should be able to point to specific facts which, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to, the following: (a) The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in a criminal act. (b) The actions of the suspect suggest that he/she is engaged in a criminal activity. (c) The hour of day or night is inappropriate for the suspect's presence in the area. (d) The suspect's presence in the particular area is suspicious. (e) The suspect is carrying a suspicious object. (f) The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon. (g) The suspect is located in proximate time and place to an alleged crime. Photographing of Field Detainees - 261 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Photographing of Field Detainees (h) The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 440.3.1 INITIATING A FIELD INTERVIEW An officer may initiate the stop of a person when there is articulable, reasonable suspicion to do so. A person, however, should not be detained longer than is reasonably necessary to resolve the officer's suspicions. Nothing in this policy is intended to discourage consensual contacts. Frequent and random casual contacts with consenting individuals are encouraged by the Meridian Police Department to strengthen our community involvement, community awareness and problem identification. 440.3.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may be lost or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on -scene supervisor and/or criminal investigators to utilize available personnel for the following: (a) Identify all persons present at the scene and in the immediate area. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. (b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel. 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. 440.4 PAT -DOWN SEARCHES A pat -down search of a detained subject may be conducted whenever an officer reasonably believes that the person may possess an object that can be utilized as an offensive weapon or whenever the officer has a reasonable fear for his/her own safety or the safety of others. Circumstances that may establish justification for performing a pat -down search include, but are not limited to the following: (a) The type of crime suspected - particularly in crimes of violence where the use or threat of deadly weapons is involved. (b) Where more than one suspect must be handled by a single officer. (c) The hour of the day and the location or neighborhood where the stop takes place. (d) Prior knowledge of the suspect's use of force and/or propensity to carry deadly weapons. Photographing of Field Detainees - 262 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Photographing of Field Detainees (e) The appearance and demeanor of the suspect. (f) Visual indications which suggest that the suspect is carrying a firearm or other weapon. (g) The age and gender of the suspect. 440.5 FIELD PHOTOGRAPHS Before photographing any field detainee, the officer shall carefully consider, among other things, the factors listed below. 440.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject of the photograph knowingly and voluntarily gives consent. When taking a consensual photograph, the officer should have the individual read and sign the appropriate form accompanying the photograph. 440.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT Field photographs may be taken without consent only if they are taken during a detention that is based on reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. Mere knowledge or suspicion of gang membership or affiliation is not a sufficient justification for taking a photograph without consent. The officer must be able to articulate facts that reasonably indicate that the subject was involved in or was about to become involved in criminal conduct. If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. All field photographs and related reports shall be submitted to a supervisor and retained in compliance with this policy. 440.6 SUPERVISOR RESPONSIBILITY While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices in view of the above listed considerations. This is not to imply that supervisor approval is required before each photograph. Access to field photographs shall be strictly limited to law enforcement purposes. Photographing of Field Detainees - 263 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Gang and Graffiti Suppression 441.1 PURPOSE AND SCOPE The Meridian Police Department views it very important that law enforcement suppresses gang -type activities. The purpose of this chapter is to provide a program for removal of graffiti from walls/fences, structures and any other property both public and private in a swift manner, as well as, to provide regulations designed to prevent and control the spread of graffiti in the city of Meridian. The increase of graffiti on both public and private property results in a deterioration of property and commercial values for surrounding properties all to the detriment of the cities quality of life. 441.2 GRAFFITI ERADICATION (a) Graffiti Definition: For the purpose of this chapter, "Graffiti" shall mean the unauthorized and intentional defacing or otherwise damaging of property of another by painting, writing, drawing, applying of stickers (commonly referred to as "slap tagging") or otherwise inscribing thereon in any fashion regardless of content or the nature of the materials. (b) Responding Officer: Officers shall respond in a reasonable amount of time. Upon arrival, officers should document the graffiti through the submission of a report which includes, location of graffiti, contact information for the owner/tenant of the public or private building, walls/fences, other property damaged, and photographs of the graffiti and any other pertinent information which may lead to the identity of the suspect. If a suspect is identified and located, he/she may be issued a citation, petitioned (juveniles) or arrested under the following misdemeanor codes: 1. ISC 18-7011 Trespass 2. ISC 18-7001 Malicious Injury to Property 3. ISC 18-7036 Injury by Graffiti (c) Supervisory Duties: The on -duty supervisor should review, approve and forward the report to the Code Enforcement Division who will then conduct any and all follow-up needed and coordinate efforts to have the graffiti removed. (d) Code Enforcement: Follow up will be conducted to ensure that the Graffiti is removed by either the owner or the Ada County Juvenile Probation work crew. If the owner does not remove the Graffiti, the owner can be charged under the Meridian City Nuisance code (MCC 4-2-2). (e) Crime Prevention: Will work with community groups and city residents on the identification and education of graffiti including information on how to report and remove graffiti. 441.3 GANG SUPPRESSION (a) Education: At the school levels, School Resource Officers (SRO) should work in conjunction with Gang Task Force Officers and/or Gang Detectives from surrounding jurisdiction to provide classes or instructional periods on gang identification and gang crime. At the department level, officers will be provided with updated information on subjects and activity throughout the city of Meridian in a timely manner. Information to the public will be provided in a timely manner and upon approval through division Lieutenants and/or supervisor. Gang and Graffiti Suppression - 264 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Gang and Graffiti Suppression (b) Community Involvement: Community meetings will be utilized to hear concerns and ideas from the community. The community will be involved through information sharing, citizen's academy, and ride -a -long program or through Crime Prevention. The Department must maintain a high level of involvement in the community and within our schools and school programs. (c) Enforcement: Committed and directed enforcement by officers is essential to dealing with and reducing gang activity. Officer's roles will include identifying gang locations and or areas, identification and documentation of such members or areas and dissemination of the information obtained through the use of Field Interview Cards and ITS field contact reports which will then be forwarded to the Crime Analysis Unit and disseminated accordingly. In addition, officers need to deal with the illegal activity as they do with any other illegal activity and not as one gang member/gang against a rival gang member/gang. (d) Overview: These guidelines are to allow all department members to work in the same direction with the involvement of the community so that these issues can be addressed, dealtwith accordingly and prosecuted for the crimes they have committed. Doing this will make a difference in Meridian for the quality of life of our citizens. Gang and Graffiti Suppression - 265 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal Street Gangs 442.1 PURPOSE AND SCOPE It is the policy of this department to establish a procedure for identifying criminal street gangs, participants of criminal street gangs, and patterns of criminal activity. The intent of this policy is to provide for the collection and management of criminal street gang information so as to enhance officer safety and the criminal prosecution of criminal street gang participants. This policy is not intended or designed to establish a formal gang intelligence database. 442.2 DEFINITIONS Criminal Gang - Any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts enumerated in Idaho Code 18-8502(3), and which has a common name or common identifying sign or symbol, and whose members individually or collectively engage or who have engaged in a pattern of criminal street gang activity. Criminal Gang Member - Any person who engages in a pattern of criminal gang activity and who meets two or more of the activity as listed in Idaho Code 18-8502(2). (a) Admits to gang membership. (b) Is identified as a gang member. (c) Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs, or its tattoos, and associates with known gang members. (d) Has been arrested more than once in the company of identified gang members for offenses that are consistent with usual gang activity. (e) Is identified as a gang member by physical evidence such as photographs or other documentation. (f) Has been stopped in the company of known gang members four or more times. 442.3 IDENTIFICATION OF CRIMINAL STREET GANGS/PARTICIPANTS The Impact Team or Gang/Violent Crimes Detective shall be authorized to collect information on individuals who are suspected of participating in a criminal street gang and groups that are suspected of being criminal street gangs. (a) A group of three or more individuals shall be designated a criminal street gang when: 1. They have a common name or common identifying sign or symbol. 2. There is evidence, substantiated by crime and informational reports, that a primary activity of the group is the commission of one or more criminal acts. 3. One or more members individually or collectively have engaged in a pattern of criminal gang activity. (b) An individual shall be designated as a participant in a criminal street gang and included in a gang file, when one or more of the following elements have been verified by the Impact Team or Gang/Violent Crimes Detective and a reasonable basis for believing such affiliation has been established and approved by the Impact Team Supervisor: Criminal Street Gangs - 266 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal Street Gangs 1. An individual admits membership in a criminal street gang. 2. A reliable informant or known gang member identifies an individual as a participant in a criminal street gang. 3. An informant of previously untested reliability identifies an individual as a participant in a criminal street gang when that identification is corroborated by independent information. 4. An individual resides in or frequents a particular criminal street gang's area, and affects their style of dress, color of dress, use of jewelry, tattoos, monikers, or any other identifiable mannerism associated to that particular criminal street gang, and where the officer documents reasonable suspicion that the individual is involved in criminal gang activity or enterprise. 5. A person has been arrested more than once in the company of identified criminal street gang members for offenses that are consistent with criminal street gang activity or criminal street gang related crimes. 6. Is identified as a gang member by physical evidence such as photographs or other documentation. 7. Has been stopped in the company of known gang members four or more times. 8. An individual otherwise meets the criteria of a criminal street gang participant under the guidelines of a department approved gang intelligence database and/or 28 C.F.R. 23.20. (c) An individual may be designated as a gang affiliate only when the individual is known to affiliate with active criminal gang members and an officer has established that there is reasonable suspicion that the individual is involved in criminal activity. An officer's belief must be premised upon reasoning and logic coupled with sound judgment based upon law enforcement experience, rather than a mere hunch or whim. 442.4 CRIMINAL STREET GANG TEMPORARY FILE The Impact Team Supervisor may maintain a temporary file of reports and FIs that is separate from any criminal gang intelligence database when an individual or group has been identified as a suspected criminal street gang participant or a suspected criminal street gang but does not meet the criteria necessary for entry into a criminal gang intelligence database. Inclusion in a temporary file may be done only if there is a reasonable likelihood that, within one year of the contact, the individual or group will meet the criteria for entry into a department approved criminal gang intelligence database. Reports and FIs will only be included in a temporary gang file with the written authorization of the Impact Team Supervisor. A temporary file of criminal street gang participants or criminal street gangs shall include: (a) Names, aliases, monikers, addresses, and other relevant identifying information. (b) Gang name. (c) Justification used to identify an individual as a criminal street gang participant. (d) Vehicle(s) known to be used. (e) Cross references to other identified gangs or gang members. Criminal Street Gangs - 267 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal Street Gangs 442.4.1 REVIEW AND PURGING OF TEMPORARY CRIMINAL STREET GANG FILE The temporary criminal street gang file shall be reviewed annually by the Impact Team Supervisor. Each individual file having no entry indicating law enforcement contact in the preceding five year period shall be purged from the file and disposed of in accordance with the Department purge criteria in compliance with Idaho Public Records Law. The Impact Team Supervisor shall periodically review temporary files to verify that the information was properly obtained and meets the criteria for retention. Validation and purging of temporary criminal street gang files is the responsibility of the Impact Team Supervisor. 442.4.2 GANG INTELLIGENCE DATABASES While this policy does not establish a criminal gang intelligence database, the Chief of Police may approve one or more criminal gang intelligence databases, such as a statewide repository, for use by members of the Impact Team. Any such database should be compliant with 28 C.F.R. § 23.20 regulating criminal intelligence systems. Employees must obtain the requisite training before accessing any such database. It is the Impact Team Supervisor's responsibility to determine whether a report or FI contains information that would substantiate an entry into a department approved criminal gang intelligence database. The Impact Team Supervisor should forward any such reports or FIs to the Records Section after appropriate database entries are made. The submitting Impact Team Supervisor should clearly mark the report/FI as Gang Intelligence Information. It is the responsibility of the Records Supervisor to retain reports and FIs in compliance with the procedures of the department approved criminal gang intelligence file and 28 C.F.R. § 23.20. The Records Supervisor may not purge these reports or FIs without the approval of the Impact Team Supervisor. 442.5 FIELD CONTACTS Officers who contact individuals who are, or may be participants in criminal street gang activity should complete a FI card and document the reasonable suspicion underlying the contact and the exact circumstances leading to the suspicion that the individual is a criminal street gang participant (e.g., subject states he/she is a member of XYZ gang, XYZ tattoo on right hand near thumb, wearing ball cap with gang name printed in blue or red ink). Photographing known or suspected criminal street gang participants shall be done in accordance with the provisions of Policy Manual § 440 (Photographing of Field Detainees). 442.6 DISSEMINATIONS OF THE FILE INFORMATION Information from the temporary criminal street gang participant files may only be furnished to Department personnel and other public law enforcement agencies only on a need to know basis. This means information that may be of use in the prevention of gang related criminal activity or information concerning the investigation of gang related crimes shall only be released to members of this department and other law enforcement agencies. The release of information from any department approved gang intelligence file must comply with the rules for that particular database. Refer to Policy 611. 442.7 REPORTING CRITERIA AND ROUTING Incidents that appear to be criminal street gang related shall be documented on a report form and shall at minimum include the following: Criminal Street Gangs - 268 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal Street Gangs (a) A description of any document, statements, actions, dress or other information that would tend to support the officer's belief that the incident may be related to the activities of a criminal street gang. (b) Whether any photographs were taken and a brief description of what they depict. (c) What physical evidence, if any, was observed, collected or booked. (d) A specific request that a copy of the report be routed to the Impact Team Supervisor. Any photographs taken or evidence collected shall be booked in accordance with current evidence booking procedures. Criminal Street Gangs - 269 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Shift Supervisors 444.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with the policies, procedures, practices, functions and objectives of this department. To accomplish this goal, a Lieutenant heads days shift and all the encompassing operations and a night shift Lieutenant and all the encompassing operations. 444.2 DESIGNATION AS ACTING WATCH COMMANDER When a Lieutenant is unavailable for duty as Watch Commander, in all instances the Sergeant shall be the Shift Commander. If the Sergeant is unavailable the Corporal shall be the Shift Commander. At no time will a team or shift operate without a Shift Commander. If all the patrol Lieutenants are unavailable and or out of town or State it shall be their responsibility to appointment an "Acting Patrol Lieutenant' to act on their behalf should it be necessary. Shift Supervisors - 270 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Mobile Data Terminal Use 448.1 PURPOSE AND SCOPE The Mobile Data Terminal (MDT) accesses confidential records from the State of Idaho, Department of Justice and Idaho Transportation Department databases. Employees using the MDT shall comply with all appropriate federal and state rules and regulations. 448.2 MDT USE The MDT shall be used for official police communications only. Messages that are of a sexual, racist, or offensive nature or otherwise critical of any member of this department are strictly forbidden. MDT use is also subject to the Department Technology Use Policy. Messages may be reviewed by supervisors at anytime without prior notification. Employees generating or transmitting messages not in compliance with this policy are subject to discipline. All calls dispatched to patrol units should be communicated by voice and MDT unless otherwise authorized by the Shift Supervisor. All MDTs shall be secured to ensure against unauthorized access. MDTs may be secured by logging off of the system or by locking the MDT. When an MDT operator is outside of his/her vehicle, the vehicle should be secured. An MDT that is removed from a vehicle or used in an office shall be secured to prevent unauthorized access to information. All MDT operators shall log off the system prior to the completion of their shift. 448.2.1 USE WHILE DRIVING Use of the MDT by the vehicle operator should generally be limited to times when the vehicle is stopped. When the vehicle is in motion, the operator should only attempt to read messages that are likely to contain information that is required for immediate enforcement, investigative or safety needs. Short transmissions, such as a license plate check, are permitted if it reasonably appears that it can be done safely. In no case shall an operator attempt to send or review lengthy messages while the vehicle is in motion. 448.2.2 DOCUMENTATION OF ACTIVITY MDT's and voice transmissions are used to record the officer's daily activity. To ensure the most accurate recording of these activities, the following are required: (a) All contacts or activity shall be documented at the time of the contact. (b) Whenever the activity or contact is initiated by voice, it shall be entered into the Computer Aided Dispatch (CAD) system by a dispatcher. (c) Whenever the activity or contact is not initiated by voice, the officer shall record it on the MDT. Mobile Data Terminal Use - 271 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Mobile Data Terminal Use 448.2.3 STATUS CHANGES All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted either verbally over the police radio or through the MDT system. Officers responding to in -progress calls shall advise changes in status verbally over the radio to assist other officers responding to the same incident. Other changes in status may be entered by depressing the appropriate keys on the MDT's. 448.3 MDT CONSIDERATIONS 448.3.1 NON-FUNCTIONING MDT Whenever possible, officers will not use units with malfunctioning MDT's. Whenever officers must drive a unit in which the MDT is not working, they shall notify Ada County Dispatch Center. It shall be responsibility of Ada County Dispatch Center to record all information that will then be transmitted verbally over the police radio. Mobile Data Terminal Use - 272 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Audio Recorders 450.1 PURPOSE AND SCOPE The Meridian Police Department has provided each of its sworn members with access to audio recorders for use while on -duty. These recorders are intended to assist officers in the performance of their duties by providing an unbiased audio record of a contact. 450.2 UNIFORMED OFFICER RESPONSIBILITIES Prior to going into service, each uniformed officer will be responsible for making sure that he/she is equipped with an audio recorder provided by this department in good working order. Uniformed officers shall wear the recorder in an approved holder mounted on their utility belt, in a shirt pocket with easy access for activation or clipped to the front of their uniform shirt. 450.3 NON -UNIFORMED OFFICER RESPONSIBILITIES Any officer assigned to non -uniformed positions may carry an audio recorder provided by this department at any time the officer believes that such a device may be beneficial to the situation. Each officer shall be responsible for maintaining his/her own recordings until the media is either full or placed into ITS. 450.4 ACTIVATION OF THE AUDIO RECORDER (a) Idaho Code 18-6702(2)(c) allows law enforcement officers and employees of a law enforcement agency to intercept a wire, electronic, or oral communication when there is prior consent of one of the parties or the law enforcement officer or employee is the consenting party to the communication. (b) No member of this department may surreptitiously record a conversation of any other member of this department or other law enforcement official (prosecutor, judge, defense attorney, elected official etc.) without a valid court order or the written authorization of the Chief of Police. In all other conversations between members of this department, no recordings shall be made without the expressed knowledge and consent of all parties. (c) Any member of this department may surreptitiously record any conversation during the course of a criminal investigation in which the officer reasonably believes that such a recording will be beneficial to the investigation. 1. For the purpose of this policy, any officer contacting an individual suspected of violating any law or during the course of any official law enforcement related activity shall be presumed to be engaged in a criminal investigation. This presumption shall not apply to contacts with other employees conducted solely for administrative purposes. 2. For the purpose of this policy, although Idaho law does not mandate the conspicuous display or wearing of an audio recorder, it shall further be presumed that any individual contacted by a uniformed officer wearing a Use of Audio Recorders - 273 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Audio Recorders conspicuously mounted audio recorder will have knowledge that such a contact is being recorded. (d) Members of this department are required to activate their recorders at any time that the officer reasonably believes that a recording of an on -duty contact with a member of the public may be of future benefit, especially in cases of formal/evidentiary interviews. 1. At no time should an officer jeopardize his/her safety in order to activate a recorder or change the recording media. 2. Once activated, the recording equipment shall not be turned off until the event is concluded unless the event is protracted and continued recording is not valuable (i.e. traffic control, accident scenes, extended perimeters). 3. Officers are prohibited from utilizing recorders and/or media issued by this department for personal use. 4. Members of the SWAT Team are not required to use audio or video recording devices on tactical operations. 5. If a serious event (i.e. officer -involved crash or scene of a serious crime) is captured on audio, then the supervisor shall ensure the recording is properly transferred to the appropriate location. 6. If a critical incident (i.e. officer -involved shooting or in -custody death) is captured on audio, the supervisor shall ensure that the recording system is not tampered with until authorized CITF personnel retrieve the recording. 7. All administrative conversations between an officer and a supervisor during the scope of a call that falls within the mandatory recording policy shall be recorded. (e) A uniformed officer shall ensure that his/her recorder is recording during the full duration: 1. When an officer transports any prisoner. 2. When an officer transports a juvenile regardless of the circumstances. 3. When an officer transports those of the opposite sex. The officer shall notify dispatch with the beginning and end of transport and provide the starting and ending mileage. 4. All traffic stops. 5. All domestic violence/domestic verbal incidents. 6. All disturbing the peace calls. 7. All battery/assaults calls. 8. All arrests. 9. All DUI/DRE investigations. 10. All personal contacts with suspects and persons complaining of officer misconduct while engaged in enforcement action or when any contact is anticipated to be confrontational in nature, unless an articulated reason justifies otherwise. 11. The officer shall make every effort to record the entire contact in a manner that will provide a clear audio recording. 12. All consent searches. 13. The department recognizes due to the mechanics of the equipment we use that the officer may not be able to activate the recorder in every situation without Use of Audio Recorders - 274 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Audio Recorders jeopardizing his/her safety. In such situations, a failure to record will not be considered a violation of this policy. 14. Officers are not required to audio record report taking calls such as burglary, forgery, runaway, vandalism etc. unless one of the circumstances above dictates the need to do so. 15. The reporting officer shall indicate on all reports and citations the existence or non-existence of digital voice recordings and or video recordings. 16. An officer may inadvertently leave his/her recorder on and record beyond the law enforcement contact. If this should happen the officer shall contact the shift supervisor, play the audio for verification, and with supervisor approval shall simply edit this section off the recorder. Editing audio recordings in the middle of contact is not allowed. 17. Each uniformed officer shall download his/her digital recordings daily into the ITS Tracking System. Once recordings are downloaded, the officer shall erase those recordings from his/her recorder. 18. Each uniformed officer shall download his/her digital recording at the time of each E -Ticket Citation/Warning issued to a violators. 450.5 RETENTION OF RECORDING MEDIA The purging of records shall be done according to Idaho State Law and Meridian City ordinance and resolution. Records will be purged by the Records Custodian or designee according to the schedule created and maintained by the City of Meridian. 450.5.1 CRIMINAL MATTER At any time that an officer records any portion of a contact which the officer reasonably believes constitutes evidence in a criminal case, the officer shall download the file into ITS in accordance with current procedure for storing digital recordings. The officer shall further note in any related report that the recording has been placed into ITS. Recording media placed into ITS shall be retained through the final disposition of the related criminal case. 450.5.2 NON -CRIMINAL MATTER At any time that an officer reasonably believes that a recorded contact may be of benefit in a non -criminal matter (e.g., a hostile contact), the officer shall download the file into ITS in accordance with current procedure for storing digital recordings. (a) Under such circumstances, the officer shall notify a supervisor of the existence of the recording as soon as practicable. (b) Recording media which have been placed into ITS shall be retained until the related matter has been closed (e.g., internal investigation, civil litigation). 450.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using department -issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on -duty or while acting in their official capacity. Use of Audio Recorders - 275 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of Audio Recorders Members are also prohibited from retaining recordings of activities or information obtained while on -duty, whether the recording was created with department -issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on -duty without the express consent of the Shift Supervisor. Any member who uses a personally owned recorder for department -related activities shall comply with the provisions of this policy, including retention and release requirements. Recordings shall not be used by any member for the purpose of embarrassment or ridicule. Any member who may have questions regarding the application of this policy is encouraged to seek clarification from supervisory personnel. 450.7 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource. However, members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct, reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) By media personnel with permission of the Chief of Police or the authorized designee. (d) In compliance with a public records request, if permitted, and in accordance with the Records Release and Security Policy. (e) By the personnel who originally recorded the incident. (f) For training purposes with permission of a Lieutenant or authorized designee. (g) Can be reviewed by any supervisor for random audits or officer contacts. Use of Audio Recorders - 276 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Bicycle Patrol Unit 454.1 PURPOSE AND SCOPE The Meridian Police Department has established the Bicycle Patrol Unit (BPU) for the purpose of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective way to increase officer visibility in congested areas and their quiet operation can provide a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines for the safe and effective operation of the patrol bicycle. 454.2 OBJECTIVES OF OPERATION (a) Bicycle patrols can be applied in many police functions. Bicycle patrols can work in high crime areas, city parks, assist undercover operations in a surveillance or arrest team capacity, work crowd control, provide parade or demonstrations escorts, respond to unusual occurrences, work at special events, and in any area that is not accessible to other vehicles. (b) Due to the ability of an officer on a mountain bike to move quickly and efficiently through various urban terrains, the police bike makes and effective pro -active tool. The bicycle officer can also be highly visible and more approachable to the public, promoting community policing. (c) Generally the bicycle patrol will operate eight months out of the year but the deployment can be shortened or lengthened depending on seasonal weather conditions, staffing shortages that occur in the patrol division or call -load. It is at the discretion of the shift supervisor or watch commander to determine if any of these conditions make it unsafe or impractical for bicycle operations. (d) Bike officers will usually not be dispatched to calls, but will respond to calls in their areas i.e. parks, greenbelts, pathways, special events, when they are available and it is practical to respond. (e) Bicycles may be deployed to any area at all hours of the day or night, according to Department needs and as staffing levels allow. (f) Requests for specific deployment of bicycle patrol officers shall be coordinated through the on duty patrol supervisor or Division Commander. 454.3 SELECTION OF PERSONNEL Interested sworn personnel, who are off probation, shall submit a change of assignment request to their appropriate Division Commanderwhen there is an opening in the bike patrol unit. Interested personnel shall be evaluated by the following criteria: (a) Recognized competence and ability as evidenced by performance. (b) Special skills or training as it pertains to the assignment. (c) Must be able to pass the minimum POST fitness standards. (d) Willingness to perform duties using the bicycle as a mode of transportation. (e) Should have a history of being involved in community policing. (f) High level of self -initiated activity. (g) Works well with juveniles, senior citizens and local businesses. (h) Has a history of producing FI Cards. Bicycle Patrol Unit - 277 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Bicycle Patrol Unit Very flexible schedule to accommodate immediate needs of the department Riding a mountain bike while on patrol is physically demanding. Officers should consider their general health and physical fitness prior to an assignment in the mountain bike unit. Officers are encouraged to get a medical checkup prior to starting an assignment in a mountain bike unit. Once assigned to a mountain bike unit, the officer should maintain the physical fitness level required for the safe effective performance of their job. Officers selected to the bike unit will be required to remain in the position for a minimum of three years. 454.4 TRAINING Participants in the program must complete an initial Department approved bicycle -training course after acceptance into the program. The initial training shall minimally include the following: (a) Bicycle patrol strategies (b) Bicycle safety and accident prevention (c) Operational tactics using bicycles 454.5 CARE AND USE OF PATROL BICYCLES Officers will be assigned a specially marked and equipped patrol bicycle and attached gear bag. Bicycles utilized for uniformed bicycle patrol shall be primarily black or white with a "POLICE" decal affixed to each side of the cross -bar or the bike's saddlebag. Every such bicycle shall be equipped with rear reflectors and front lights satisfying the requirements of Idaho Code 49-723 and Idaho Code 49-956 (1) and/or (4). Bicycles utilized for uniformed bicycle patrol shall be equipped with a rear rack and/or saddle bag(s) sufficient to carry all necessary equipment to handle routine patrol calls including report writing, vehicle storage and citations. Each bicycle gear bag shall include a first aid kit, tire pump, repair tool, tire tube, security lock. These items are to remain with/on the bicycle at all times. Each bicycle shall be equipped with a steady or flashing blue warning light that is visible from the front, sides or rear of the bicycle (Idaho Code 49-910-A). Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to ensure proper working order of the equipment. Officers are responsible for the routine care and maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning). If a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed and forwarded to the program supervisor for repair by an approved technician. Each bicycle will have scheduled maintenance once a year to be performed by a Department -approved repair shop/technician. At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next tour of duty. Officers shall not modify the patrol bicycle, remove, modify or add components. Bicycle Patrol Unit - 278 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Bicycle Patrol Unit Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car push -bumper is discouraged. Bicycles shall be properly secured when not in the officer's immediate presence. 454.6 OFFICER RESPONSIBILITY Officers must operate the bicycle in compliance with Idaho Title 49 under normal operation. Officers may operate the bicycle without lighting equipment during hours of darkness when such operation reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment. Officers are exempt from the rules of the road under the following conditions (Idaho Code 49-623). (a) In response to an emergency call. (b) In the immediate pursuit of an actual or suspected violator of the law. Bicycle Patrol Unit - 279 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Foot Pursuit 456.1 PURPOSE AND SCOPE Foot pursuits are inherently dangerous and require common sense, sound tactics and heightened officer safety awareness. This policy sets forth guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot by balancing the objective of apprehending the suspect with the risk of potential injury to the officer, the public or the suspect. 456.1.1 POLICY It is the policy of this Department when deciding to initiate or continue a foot pursuit that officers must continuously balance the objective of apprehending the suspect with the risk and potential for injury to Police Department personnel, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. Absent exigent circumstances, the safety of Police Department personnel and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and Police Department personnel. 456.2 DECISION TO PURSUE Officers may be justified in initiating a foot pursuit of any individual who the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time. Mere flight by a person who is not suspected of criminal activity shall not serve as the sole justification for engaging in an extended foot pursuit without the development of reasonable suspicion of the individual's involvement in criminal activity. Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits potentially place Police Department personnel and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to pursuit based upon the circumstances and resources available, such as the following: (a) Containment of the area (b) Canine search (c) Saturation of the area with patrol personnel (d) Aerial support (e) Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the pursuit. Foot Pursuit - 280 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Foot Pursuit 456.3 GUIDELINES FOR FOOT PURSUIT Unless the officer reasonably believes that exigent circumstances exist (e.g. a serious threat to the safety of personnel or members of the public), officers should consider alternatives to engaging in or continuing a foot pursuit under the following conditions: (a) When directed by a supervisor to terminate the foot pursuit. Such an order shall be considered mandatory. (b) When the officer is acting alone. (c) When two or more officers become separated, lose visual contact with one another, or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort. (d) The officer is unsure of his or her location and direction of travel. (e) When pursuing multiple suspects and the pursuing officers do not reasonably believe that they would be able to control the suspect should a confrontation occur. (f) When the physical condition of the officers renders them incapable of controlling the suspect if apprehended. (g) When the officer loses radio contact with Ada County Dispatch Center or with backup officers. (h) The suspect enters a building, structure, confined space or a wooded or otherwise isolated area and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the pursuit and coordinating containment pending the arrival of sufficient officers. (i) The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. (j) The officer reasonably believes that the danger to the pursuing officers or public outweighs the objective of immediate apprehension. (k) The officer loses possession of his/her firearm or other essential equipment. (1) The an officer or a third party is injured during the pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. (m) The suspect's location is no longer definitely known. (n) The identity of the suspect is established or other information exists that will allow for the suspect's apprehension at a later time, and it reasonably appears that there is no immediate threat to Police Department personnel or the public if the suspect is not immediately apprehended. (o) The officer's ability to safely continue the pursuit is impaired by inclement weather, darkness or other conditions. 456.4 RESPONSIBILITIES IN FOOT PURSUITS 456.4.1 INITIATING OFFICER RESPONSIBILITIES Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit. When acting alone and when practicable, the initiating officer should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect. Foot Pursuit - 281 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Foot Pursuit Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should broadcast the following information as soon as it becomes practicable and available: (a) Unit identifier. (b) Location and direction of travel. (c) Reason for the foot pursuit. (d) Number of suspects and description. (e) Whether the suspect is known or believed to be armed. Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated. Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this information should terminate the pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources. When a foot pursuit terminates, the officer will notify Ada County Dispatch Center of his/her location and the status of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary. 456.5 ASSISTING OFFICER RESPONSIBILITIES Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved officers maximum access to the radio frequency. Any officer who is in a position to intercept a fleeing suspect, or who can assist the primary officer with the apprehension of the suspect, shall act reasonably and in accordance with the policy of the Police Department, based upon available information and his/her own observations. 456.5.1 SUPERVISOR RESPONSIBILITY Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information necessary to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; the supervisor does not, however, need not be physically present to exercise control over the pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established Police Department guidelines. The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public unreasonably appears to outweigh the objective of immediate apprehension of the suspect. Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point to direct the post -pursuit activity. 456.6 REPORTING The initiating officer shall complete the appropriate crime/arrest reports documenting, at minimum, the following: Foot Pursuit - 282 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Foot Pursuit (a) The reason for initiating the foot pursuit. (b) The identity of involved personnel. (c) The course and approximate distance of the pursuit. (d) Whether a suspect was apprehended as well as the means and methods used. 1. Any use of force shall be reported and documented in compliance with the Police Department Use of Force Policy. (e) Any injuries or property damage. Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed. In any case in which a suspect is not apprehended and there is insufficient information to warrant further investigation, a supervisor may authorize that the initiating officer need not complete a formal report. Foot Pursuit - 283 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 5 - Traffic Operations Meridian Police Department Policy Manual Traffic Function and Responsibility 500.1 PURPOSE AND SCOPE The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of educational and preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic -related needs. 500.2 TRAFFIC OFFICER DEPLOYMENT Several factors are considered in the development of deployment schedules for officers of the Meridian Police Department. Information provided by this department and the Idaho Department of Transportation is a valuable resource for traffic accident occurrences and therefore officer deployment. Some of the factors for analysis include but are not limited to: (a) Location (b) Time (c) Day (d) Violation factors (e) Education (f) Engineering (g) DDACTS (h) Citizen Requests (i) Construction Zones Q) School Zones All officers assigned to patrol ortraffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of high occurrence. All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations. 500.3 ENFORCEMENT Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance. The visibility and quality of an officer's work effort will be commensurate with the philosophy of this policy. 500.3.1 WARNINGS Warnings or other non -punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant. Traffic Function and Responsibility - 285 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Traffic Function and Responsibility 500.3.2 CITATIONS Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum: (a) Explanation of the violation or charge. (b) Court appearance procedure including the optional or mandatory appearance by the motorist. (c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court. (d) Explanation of fine amounts if applicable. 500.3.3 PHYSICAL ARREST Physical arrest can be made on a number of criminal traffic offenses outlined in the Motor Vehicles statutes, particularly Idaho Code 49-1405. These physical arrest cases usually deal with, but are not limited to: (a) Negligent homicide. (b) Felony and misdemeanor driving under the influence of alcohol/drugs. (c) Felony or misdemeanor hit-and-run. (d) Reckless driving. (e) Fleeing or attempting to elude a peace officer. 500.4 SUSPENDED OR REVOKED DRIVERS LICENSES If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer shall issue a traffic citation unless one of the following conditions are met, thus making arrest appropriate: (a) The driver has multiple suspensions either in Idaho or in another state. (b) The driver has a history of FTA's and FTO's in their record. (c) The driver cannot be identified through any other means. Note: When responding to investigate a traffic collision and officers learn that a driver of a vehicle is suspended or revoked the driver shall be issued a traffic citation. 500.5 NIGH -VISIBILITY VESTS The Department has provided ANSI Class II (or higher) high -visibility vests to reduce the danger to employees who may be exposed to hazards presented by passing traffic, construction vehicles and disaster recovery equipment (23 CFR 634.3). Although intended primarily for use while performing traffic related assignments, high -visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the employee. 500.5.1 REQUIRED USE Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high -visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high -visibility vests shall be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high Traffic Function and Responsibility - 286 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Traffic Function and Responsibility visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor. Vests maintained in the investigation units may be used any time a plainclothes officer might benefit from being readily identified as a member of law enforcement. 500.5.2 CARE AND STORAGE OF HIGH -VISIBILITY VESTS High -visibility vests shall be maintained in the trunk of each patrol and investigation unit and in the side box of each police motorcycle. Each vest should be stored inside the re -sealable plastic bag provided to protect and maintain the vest in a serviceable condition. Before going into service each employee shall ensure a serviceable high -visibility vest is properly stored in the vehicle. A supply of high -visibility vests will be maintained in the equipment room for replacement of damaged or unserviceable vests. The Administrative Sergeant should be promptly notified whenever the supply of vests in the equipment room needs replenishing. Traffic Function and Responsibility - 287 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Motorcycle Patrol 501.1 PURPOSE AND SCOPE The Motorcycle Patrol Program is comprised of officers that are assigned to Motorcycle Patrol, who work special enforcement of traffic problems, crash investigation, traffic engineering, speed studies and special events. It is the goal of the motorcycle patrol to reduce traffic problems and increase safety through the use of education, enforcement and engineering. 501.2 REQUIREMENTS & TRAINING (a) Requirements: 1. Must have three years of experience as a sworn officer with the Meridian Police Department 2. Must have a current motorcycle endorsement on his/her Idaho Drivers License. 3. Should have two years previous experience riding a street legal motorcycle. 4. The STAR basic motorcycle course is recommended, but not required. 5. Selection of new motorcycle officers will be made by the Chief of Police, from recommendations made by staff. (b) Training: 1. Newly selected motorcycle officers will attend a POST approved basic motorcycle school, taught by certified instructors prior to actually being assigned duty as a motorcycle officer. 2. Department approved refresher training will be conducted annually by POST certified instructors. If in the previous year, a motorcycle officer rode less than 20 days, POST re -certification will be required. 501.3 TEAM RIDING Team riding shall be permitted only after the two officers have properly trained together and have completed that section of the training program. When both motorcycles are stationary, only one motorcycle shall pursue and stop a violator. The other motorcycle shall proceed and assist as necessary. 501.4 NIGHT RIDING Night riding shall be at the discretion of the unit supervisor. 501.5 INCLEMENT WEATHER Inclement weather is defined as snowing or raining or where road conditions are unsafe due to ice, frost, snow pack, wet surface or where excessive winds increase the likelihood of unsafe operation. Operation of the motorcycles during these conditions shall be at the discretion of the individual officer with final authority resting with the Supervisor. 501.6 MAINTENANCE OF MOTORCYCLE Officers shall maintain the departmental motorcycles in accordance with the provisions of established department guidelines. Motorcycle Patrol - 288 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Motorcycle Patrol 501.7 MINIMUM REQUIREMENTS Assignment to the motorcycle unit will be a minimum of three years. Release may be requested or required with a promotion or assignment to a different division by the Chief of Police. 501.8 USE OF MOTORCYCLES (a) Use of Motorcycles: 1. Parades 2. Special Events 3. Traffic enforcement: Motorcycle officers should be used for selective traffic enforcement, i.e. school zones, high traffic accident areas, high traffic volume areas, etc. 4. Routine Patrol: A motorcycle officer can perform all of the duties of a motor vehicle officer with the exception of transporting prisoners, found bicycles, etc. (b) Operation: 1. Motorcycles can be operated in many ways that a traditional patrol car cannot. Where circumstances warrant, a motorcycle can be operated on sidewalks or on dotted lines dividing traffic. 2. At all times the motorcycle officer shall operate the motorcycle in a safe manner so as not to endanger the officer or the general public. 3. No motorcycle officer shall engage in burnout, wheelie, or other inappropriate behavior. 4. Operations of the motorcycle shall at all times promote the professionalism of the Meridian Police Department. 5. Motorcycles are assigned to individual officers and are considered take-home vehicles. The motorcycle officer, upon the authorizations of the Chief of Police, may take his assigned motorcycle home. The motorcycle must be stored in an enclosed area, such as a garage, at the officer's home. The motorcycle is to be stored at the Meridian Police Department when the officer is on extended leave, sickness or injury. Motorcycle Patrol - 289 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Traffic Collision Reporting 502.1 PURPOSE AND SCOPE The Meridian Police Department prepares traffic collision reports to be in compliance with Idaho State Laws. Traffic collision reports are available to the community under the Idaho Public Records law. 502.2 RESPONSIBILITY The Records Division will be responsible for distribution of the traffic collision reports pursuant to Idaho Public Records law. 502.3 TRAFFIC COLLISION REPORTING All traffic collision reports taken by members of this department shall be approved by a Traffic Supervisor. 502.4 REPORTING SITUATIONS 502.4.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES When a City -owned vehicle is involved in a traffic collision upon a roadway or highway the traffic supervisor or the shift supervisor, shall notify an outside law enforcement agency to investigate the collision. The on duty shift supervisor shall respond to the scene of the collision to gather information and take photographs to allow for the filing of risk management paperwork. At the discretion of the traffic supervisor or the on duty supervisor Accident Reconstruction officers can be activated to assist with the investigation. 502.4.2 TRAFFIC COLLISIONS WITH OFF DUTY CITY EMPLOYEES When a City employee or his/her immediate family is involved in a traffic collision within the jurisdiction of the Meridian Police Department the traffic supervisor or on duty shift supervisor shall consider notifying an outside law enforcement agency to conduct the investigation. 502.4.3 TRAFFIC COLLISIONS ON PRIVATE PROPERTY A traffic collision report shall not be taken for traffic collisions occurring on private property, unless there is a death or injury to any person involved, a hit-and-run violation, or a citable/arrestable offense such as DUI, Reckless, or Inattentive Driving. A traffic collision report shall be taken if the reporting party insists on a collision report or a shift supervisor requires that a report be taken. 502.4.4 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS Traffic collision reports shall be taken when they occur on a roadway or highway within the jurisdiction of this department under any of the following circumstances: (a) When there is a death or injury to any persons involved in the collision. Traffic Collision Reporting - 290 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Traffic Collision Reporting (b) When there is an identifiable violation of the vehicle code and damage exceeds $1,500.00 to any one vehicle. (c) When a report is requested by any involved driver. (d) When a traffic supervisor or shift supervisor requires it. 502.4.5 NOTIFICATION OF TRAFFIC UNIT SUPERVISOR In the event of a serious injury or death related traffic collision, the shift supervisor shall notify the traffic supervisor to relate the circumstances of the traffic collision. The traffic supervisor and division commander will determine the need for further resources. The shift supervisor may assign any on duty traffic team member or patrol officer to investigate a traffic collision. Traffic Collision Reporting - 291 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Drug Recognition Expert 509.1 PURPOSE AND SCOPE This policy provides Meridian Police Department personnel with procedures to be followed when a Drug Recognition Expert is utilized during a DUI investigation. 509.2 DRUG RECOGNITION EXPERT UTILIZATION A Drug Recognition Expert should be utilized under the following circumstances: (a) The driver of a vehicle has been arrested for DUI and the arresting officer has obtained a breath sample from the suspect that is below .08 BrAC (adults) .02 BrAC (juveniles) and there is reason to believe the suspects level of impairment as demonstrated in the performance of Standard Field Sobriety Testing is not consistent with the breath alcohol content (BrAC). (b) A school administrator or law enforcement agency has reasonable suspicion that a student is under the influence of a controlled substance during an official school function and/or on school property and the student has been detained by school officials as permitted by Idaho Code 33-210. 509.3 DRE CALL OUT PROCEDURE In situations where a Drug Recognition Expert is needed for assistance the investigating officer should use an available on duty Meridian Police Department DRE. If there are none available an on duty DRE from a surrounding agency may be used, if available. If there are none available from Meridian or a surrounding agency the on duty supervisor should call an off duty Meridian DRE to assist with the investigation. Drug Recognition Expert - 292 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Towing 510.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction ofthe Meridian Police Department. 510.2 RESPONSIBILITIES The responsibilities of those employees storing or impounding a vehicle are as follows. 510.2.1 COMPLETION OF FORMS Police Department members impounding a vehicle shall complete a vehicle impound report. The impound report must contain, at minimum, the following information (49-1803A): (a) Name and addresses of the registered owner and lien holder (b) Complete vehicle description, including license plate number and vehicle identification number (c) Date, time and reason for tow (d) Case number assigned (e) Whether the value of the vehicle is $750 or less. The officer's valuation should be independently verified by Code Enforcement before any disposition process is initiated under Idaho Code § 49-1814 (Disposition of low -valued vehicles). (f) The daily storage rate (g) Name, address and telephone number of towing company (h) Signature of tow truck operator taking receipt of the vehicle and its contents A copy of the notice is to be given to the tow truck operator and the original is to be submitted to the Records Section as soon as practicable after the vehicle is stored (Idaho Code 49-1803A(2)). If a copy of the towed vehicle notice is not provided to the legal and registered owner at the time of storage, it shall be the responsibility of Code Enforcement to determine the legal and registered owners of the vehicle and to mail a copy of the notice to all such individuals within 96 hours, excluding weekends and holidays (Idaho Code 49-1803A(3)). Code Enforcement Officers shall follow the Idaho State Code procedure for processing / disposing of an impounded vehicle once it has become abandoned. 0:4jiNP/_1Igo] &7=11:1[a]4=15167_1-34=1Q71kiW_`I:L•1yy[ddS]4R6yIs] ki When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall contact dispatch and request the next rotation tow company available, unless the driver/owner of that vehicle has a specific tow company request. If the owner is incapacitated, or for any reason it is necessary for this department to assume responsibility for a vehicle involved in a collision, the officer shall request dispatch to call the next rotational tow company. Vehicle Towing - 293 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Towing Vehicles towed from accident scenes do not require a vehicle impound report but the impound information must be listed on the accident report, naming the tow company picking up which vehicle. 510.2.3 DRIVING A NON -CITY VEHICLE Vehicles which have been towed by or at the direction of this department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant, or to comply with posted signs. 510.3 TOWING SERVICES The City of Meridian currently uses the Ada County Sheriffs tow company rotation list for the following situations: (a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. (b) When a vehicle is being held as evidence in connection with an investigation. (c) When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal from the streets of vehicles obstructing traffic in violation of state or local regulations. Nothing in this policy shall require this department to tow a vehicle 510.3.1 EVIDENTIARY TOWING At the discretion of a supervisor a vehicle may be towed by a specific tow company for evidentiary purposes. 510.4 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by storing the arrestee's vehicle subject to the exceptions described below. However, the vehicle shall be stored whenever it is needed for the furtherance of an investigation or prosecution of the case or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored. For example, the vehicle would present a traffic hazard if not removed or due to a high crime area the vehicle would be in jeopardy of theft or damage if left at the scene or is left on private property. (a) Officers should tow a vehicle instead of leaving it lawfully parked in a safe and secure manner at the scene when: 1. The driver has been placed under arrest. 2. The vehicle was used to further the offense for which the driver was arrested. 3. The vehicle needs to be impounded for evidence or because it is a crime scene itself or is part of a crime scene. (b) Officers should consider not towing a vehicle in the above circumstances, provided that the vehicle can be lawfully parked and left in a reasonably secure and safe condition: 1. Wheneverthe licensed owner ofthe vehicle is present and not impaired by drugs or alcohol and is willing and able to take control of any vehicle not involved in criminal activity. Vehicle Towing - 294 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Towing 2. Whenever the licensed driver wants to turn the vehicle over to another responsible party in a short, reasonable time frame who is licensed and not impaired at the time they come to claim the vehicle. In such cases, the handling employee shall note in the report that the owner was informed that the Police Department will not be responsible for theft or damages. 510.5 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed. Locked containers should be noted on the form. Members conducting inventory process should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect this department against fraudulent claims of lost, stolen, or damaged property. 510.5.1 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g. cash, jewelry, cell phone, prescriptions) which are not considered evidence or contraband. If the inventory of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, personnel shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 510.6 BIO -HAZARD VEHICLE When a vehicle has been impounded and a bio -hazard event happened inside or involving the vehicle, the department will not be responsible for any damage caused by that event. Examples: Mobile drug lab, suicide in a vehicle, fatal traffic collision. Vehicle Towing - 295 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Impound Hearings 512.1 PURPOSE AND SCOPE This policy establishes a procedure for the requirement to provide vehicle storage or impound hearings pursuant to Idaho Code 49-1805. 512.2 STORED OR IMPOUND HEARING When a vehicle is stored or impounded by any member of the Meridian Police Department, a hearing will be conducted upon the request of the registered or legal owner of the vehicle or their agent (Idaho Code 49-1805). 512.2.1 HEARING PROCEDURES The vehicle storage hearing is an informal process to evaluate the validity of a stored or impounded vehicle. Any relevant evidence may be submitted and reviewed by the hearing officer to determine if the vehicle in question was lawfully stored or impounded, in accordance with Meridian Police Department policies and procedures. The employee who caused the storage or removal of the vehicle does not need to be present for this hearing. A notice of the storage shall be sent by certified mail to the registered and legal owners within forty-eight (48) hours, excluding the weekends and holidays, and shall include the following information: (a) The name, address, and telephone number of the agency providing the notice. (b) The location of the place of storage and description of the vehicle which shall include, if available, the name or make, identification number, the license plate number, and the mileage. (c) The authority and purpose for the removal of the vehicle. (d) In order to receive a post -storage hearing, the owners, or their agents, must request the hearing in writing within ten (10) days of the date of the notice. Any such hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing, so long as the hearing officer is not the same person who towed the vehicle. (e) The vehicle storage/impound hearing officer shall consider all information provided and determine if probable cause existed for the storage or impound of the vehicle in question and render a decision. If probable cause cannot be established the department will be responsible for the costs incurred for towing and storage. (Idaho Code 49-1805(d) 5). Vehicle Impound Hearings - 296 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Impaired Driving Evidence Collection 514.1 PURPOSE AND SCOPE This policy provides Meridian Police Department personnel with protocols for when and how to obtain evidentiary samples to establish the presence of alcohol, drugs, or other intoxicating substances in persons suspected to be under the influence of any combination thereof while driving, found to be unconscious after driving or having been involved in a vehicle crash, or unconscious pedestrians involved in a traffic collision. 514.2 CHEMICAL TESTING Most blood, breath, and urine tests will be administered at the Meridian Police Department, the Ada County Jail, or a field medical setting such as an ambulance. If a suspect is hospitalized, an evidentiary sample can be taken at the hospital under the supervision of Meridian Police Department personnel. A suspect who is unable to submit to an evidentiary test because of any of the following reasons shall not be considered as refusing to comply with the provisions of Idaho Code 18-8004: (a) If there are known and verifiable medical reasons for non -participation, or significant phobias relating to non -participation and any other methods of evidence collection have been considered. (b) If an attending physician refuses to allow it. 514.2.1 TESTING OF CONSCIOUS SUSPECT AT A HOSPITAL When probable cause exists to obtain an evidentiary sample from a hospitalized but conscious suspect Meridian Police Department personnel shall inform the suspect and attending physician of their intention to obtain an evidentiary sample. The suspect shall be advised of the consequences for refusal under Idaho Code 18-8002 and 18-8002(A). If the suspect consents to and participates in submitting an evidentiary sample a LifeLoc field breath testing device may be used to collect a breath sample when possible. If a breath test is not feasible a blood and/or urine sample shall be taken in the prescribed manner so long as the attending physician does not object for medical reasons. If a suspect refuses to submit to an evidentiary sample and presents physical non-compliance in the course of their refusal, policy section 514.2.5 shall be followed. 514.2.2 TESTING OF UNCONSCIOUS DRIVER AT A HOSPITAL When probable cause exists to believe an unconscious driver is under the influence of alcohol, drugs, or other intoxicating substances there is no method of informing the individual of the intention to collect an evidentiary sample, nor can there be any verbal consent on the part of the suspect to allow an evidentiary sample to be collected. When a suspect is unconscious the requirement to inform the suspect of the intention to obtain an evidentiary sample is excused. The officer shall still advise the attending physician of the intention to collect an evidentiary sample, and the sample shall be taken in the prescribed manner so long as the attending physician does not object for medical reasons. Impaired Driving Evidence Collection - 297 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Impaired Driving Evidence Collection 514.2.3 TESTING OF AN UNCONSCIOUS PEDESTRIAN AT A HOSPITAL When probable cause exists to believe an unconscious pedestrian has been involved in a traffic collision, and a contributing factor was that pedestrian's intoxicated state, an evidentiary sample may be collected as evidence in the same fashion as in policy Section 514.2.2. 514.2.4 COLLECTING BLOOD SAMPLE EVIDENCE Only qualified personnel may be used to withdraw blood sample evidence from a suspect. Paramedics of the Meridian Fire Department, Ada County Paramedics, physicians, nurses, and phlebotomy technicians of a medical facility, and those authorized by Idaho Code 18-8003 are the only persons authorized to withdraw blood sample evidence on the behalf of the Meridian Police Department. The blood sample must be collected in the kit provided by the Idaho State Police Forensic Laboratory. The collection of the blood sample will be attended by the investigating officer, who shall retain custody of the evidentiary sample. The investigating officer will book the kit into evidence and it will be stored in the refrigerator of the Meridian Police Department evidence room. Within the city limits of Meridian, when not at a hospital where there are qualified and willing persons to withdraw blood samples, the Meridian Fire Department Station #1 shall be contacted to collect the blood sample. 514.2.5 WITHDRAWAL OF BLOOD FROM NON-COMPLIANT SUSPECTS (a) Passive non-compliant suspects may verbally object to a blood sample being taken but are physically compliant. Physically non-compliant suspects physically resist the officer's request to have a blood sample taken, requiring the officer to apply force to gain compliance. (b) Whether the suspect is physically compliant or not, blood evidence may be taken without the consent or compliance of a suspect in any felony or misdemeanor DUI investigation as outlined in this policy to determine the presence of alcohol, drugs, or other intoxicating substances when the suspect refuses or fails to complete the evidentiary tests ordered by the officer. The taking of a blood sample will be done using a reasonable amount of force. The suspect shall be advised of the consequences for refusal per Idaho Code 18-8002 prior to the collection of an evidentiary sample. If the suspect makes a timely and reasonable request to undergo a different viable form of testing (i.e. breath test), the request shall be considered. If a suspect has known, relevant, and verifiable medical conditions or a substantial psychological phobia that would prevent the collection of a blood sample from occurring in a medically accepted and safe manner, or cause the suspect fear of such magnitude that the suspect is psychologically unable to submit to the test, an alternative test shall be offered. (c) Officers shall make a reasonable attempt during all DUI investigations to collect an evidentiary sample. In all cases, the following criteria shall be met: 1. The suspect must be in custody and the officer must have reason to believe the suspect is intoxicated. 2. The blood sample is taken in a medically acceptable manner by trained and qualified personnel. 3. The amount of physical force used to restrain the suspect, if any, is reasonable (policy 300.3). Impaired Driving Evidence Collection - 298 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Impaired Driving Evidence Collection (d) Under this policy officers are authorized to obtain a blood sample from suspects without their consent in the following circumstances when the suspect refuses to offer an evidentiary breath sample, or cannot physically perform the breath test: 1. Suspects involved in a motor vehicle collision involving traumatic injury or fatality when impairment by alcohol, drugs, and/or any other intoxicating substances is suspected, or suspects charged with aggravated DUI, or manslaughter involving DUI: Given the severity of these offenses the application of physical force shall be used to collect an evidentiary blood sample if the suspect becomes physically non-compliant before or during the blood sample collection process, so long as the physical force is reasonable and necessary to properly and safely collect the blood sample. 2. Suspects charged with felony DUI, excessive DUI, or cases of misdemeanor DUI with a known prior conviction for the same within 10 years, whether or not there is potential of a resulting felony DUI charge: Should suspect non-compliance rise above the level of passive non-compliance the officer may use reasonable force in obtaining the evidentiary sample. In such an instance the force used may include physical restraint of the suspect through the application of handcuffs or other such devices, and/or the application of joint manipulation or restraint. 3. Suspects charged with misdemeanor DUI with no known prior conviction or suspected excessive enhancement: Should suspect non-compliance rise above the level of passive non-compliance the officer may use reasonable force in obtaining the evidentiary sample. In such an instance the force used should not exceed the application of handcuffs, without the need for further application of force. If further force would be required to successfully or safely obtain a blood sample the collection shall stop and a refusal shall be noted. 4. A supervisor shall be present when a blood sample is taken from a suspect with the application of physical force. The amount of force used to accomplish the collection of blood evidence should be controlled by that supervisor, while weighing the severity of the offense, the level of resistance offered by the suspect, and the necessity to collect blood evidence in order to fulfill the Meridian Police Departments obligation to conduct a complete investigation. When a suspect offers physical non-compliance and force is used by officers to collect blood sample evidence that force shall be documented in a department use of force report. In all cases the amount of resistance offered by the suspect and the level of force necessary to obtain the blood sample evidence shall be thoroughly detailed in the related report. 514.2.6 COLLECTING BREATH AS EVIDENCE If the arresting officer chooses to obtain a breath test, the suspect consents to a breath test, and it can be accomplished without undue delay, the officer shall obtain an evidentiary breath sample from the suspect. The suspect shall be advised of the consequences for refusal per Idaho Code 18-8002 prior to the collection of an evidentiary breath sample. The arresting officer can choose to use either an Intoxilyzer 5000 series breath testing instrument or a LifeLoc field breath testing instrument to test the evidentiary sample. The officer obtaining and recording samples of the suspects breath shall be trained and certified to use the breath testing instrument. 514.2.7 COLLECTION URINE AS EVIDENCE If the investigating officer determines a urine sample must be collected the officer shall use the urine collection kit provided by the Idaho State Police Forensics Laboratory. The Impaired Driving Evidence Collection - 299 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Impaired Driving Evidence Collection investigating officer shall witness the urine sample being provided by the suspect when the officer and suspect are of the same sex. When the suspect is of a different sex than the investigating officer, the investigating officer shall obtain assistance from another law enforcement official of the same sex as the suspect to witness the sample being provided. The investigating officer shall maintain custody of the urine collection kit and it will be stored in the freezer at the Meridian Police Department evidence room. Impaired Driving Evidence Collection - 300 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Traffic Citations 516.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations. 516.2 WARNINGS Warnings or other non -punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant. 516.3 DISMISSAL OF TRAFFIC CITATIONS Employees of this department do not have the authority to dismiss a citation once it has been issued. Any request from a recipient or issuing officer to dismiss a citation shall be referred to the Prosecutor's Office. 516.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. All copies of the citation shall be presented to a supervisor to approve the voiding of the citation. 516.5 CORRECTION OF TRAFFIC CITATIONS When a traffic citation is issued and in need of correction, the officer issuing the citation shall make every attempt to contact the violator and reissue a corrected citation. If the officer is unable to contact the violator they shall follow up with the prosecutor to remedy the citation. Traffic Citations - 301 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Disabled Vehicles 520.1 PURPOSE AND SCOPE The Meridian Police Department has a responsibility to provide assistance to disabled motorists within their primary jurisdiction. 520.2 OFFICER RESPONSIBILITY When an on -duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practical. 520.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by personnel from this department will be contingent on the time of day, the location, the resources available to this department, and the vulnerability of the disabled motorist. 520.3.1 MECHANICAL REPAIRS Police Department personnel shall not make mechanical repairs to a disabled vehicle. 520.4 PUSH -BARS (a) The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. Officers may utilize their unit push -bars to move a vehicle off the roadway when the following conditions are met: 1. The vehicle is movable and not severely damaged. 2. The vehicle is causing a traffic backup or a public safety hazard. 3. Attempts should be made to get the permission of the person in control of the vehicle to move it off the roadway. (b) If permission is not granted, the officer must weigh whether the benefit of moving the vehicle off the roadway is greater than the receipt of permission. (c) Officers should take into account: 1. The type of vehicle needing assistance. 2. The ground level of the police unit push -bars might be dramatically different from the bumper region of the vehicle needing assistance. 3. Officers should not attempt to use push -bars on low profile vehicles which sit lower to the ground than the police vehicle, or a large raised truck. 4. Officers should use great care when making contact with the rear bumper area of the vehicle being pushed so as not to activate the vehicle airbags. (d) If damage occurs as a result of a police vehicle pushing a disabled vehicle off the roadway the officers shall take photographs of all the damage and file a memo with the on duty shift supervisor. Disabled Vehicles - 302 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Disabled Vehicles (e) The on duty shift supervisor will file a City Property Damage Report if the patrol unit is damaged and or a Damage Claim Report in the event the owner of the vehicle files a tort claim with the City of Meridian. Disabled Vehicles - 303 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Parked and Abandoned Vehicle Violations 524.1 PURPOSE AND SCOPE This policy provides procedures for the marking, recording, and storage of vehicles parked in violation of laws regulating parking of vehicles under Idaho Code 49-659 through 49-662, and abandoned vehicles underthe authority of Idaho Code 49-1801, 49-1802, and 49-1804. 524.2 MARKING ABANDONED VEHICLES Vehicles that officers have reasonable grounds to believe have been abandoned which do not fall within the class of "emergency circumstances" shall have attached thereto, in plain view, a notice that this vehicle will be towed away at the expiration of forty-eight (48) hours as an abandoned vehicle. The notice shall contain: (a) The name of the officer who prepared the notice (b) The name of the agency of the officer (c) The date and time the notice was attached (d) The date and time when the vehicle will be removed (e) The telephone number and address of the agency A reasonable attempt shall be made to notify by telephone the owner of any vehicle which has current license plates and registration as shown on the vehicle registration record, prior to the expiration of the forty-eight (48) hour notice period, of the location of the vehicle and the time and date of intent to remove the vehicle (Idaho Code 49-1804). 524.2.1 VEHICLE STORAGE Whenever an officer removes a vehicle from a highway, or from public or private property as a law enforcement directed tow he/she shall complete a department vehicle impound report. An impound and storage notice form shall be submitted to the Records Section immediately following the storage of the vehicle. Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be the responsibility of the Code Enforcement to determine the names and addresses of any individuals having an interest in the vehicle through ITD or ILETS computers. Notice to all such individuals shall be sent by certified mail within the 48-hour time period listed above (Idaho Code 49-1805(2)). Parked and Abandoned Vehicle Violations - 304 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 6 - Criminal Investigations Division Meridian Police Department Policy Manual Criminal Investigation Division 600.1 PURPOSE AND SCOPE The primary purpose of the Criminal Investigations Division is to provide continuing investigation of those crimes which the Operations Section cannot complete a subsequent arrest, prosecution and conviction of offenders, recovery of stolen property and recovery of all types of contraband. 600.1.1 ADMINISTRATION OF INVESTIGATIVE SERVICES The administration, direction, and control of members of Criminal Investigations Division is under the immediate supervision of the Division Commander and the sergeants assigned to their respective units. The Criminal Investigations Division is made up of separate but interlinked units: (a) Special Victims Crimes. (b) Property Crimes. (c) Fraud/Computer Crimes. (d) Narcotics/Gang Crimes. (e) Violent Crimes. 600.2 MODIFICATION OF CHARGES FILED Employees are not authorized to recommend to the Prosecuting Attorney, City Attorney, or to any other official of the court that charges on a pending case be altered or the case dismissed. In all cases resulting in court prosecution, any request to modify the charges filed or to recommend dismissal of charges in a pending case shall be made to the Prosecuting Attorney's Office or City Attorney's Office only as authorized by a Division Commander or his designee. 600.3 POTENTIALLY EXCULPATORY EVIDENCE OR FACTS Officers must include in their reports adequate reference to all material evidence and facts which are reasonably believed to be exculpatory to any individual in the case. If an officer learns of potentially exculpatory information anytime after submission of the case, the officer must notify the prosecutor as soon as practical. Evidence or facts are considered material if there is a reasonable probability that they may impact the result of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. An officer who is uncertain whether evidence or facts are material should address the issue with a supervisor. Supervisors uncertain about the materiality of evidence or facts should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the department case file. 600.4 CUSTODIAL INTERROGATION REQUIREMENTS Any custodial interrogation of a person who is suspected of having committed any felony offense should be electronically recorded (audio/video or both as available) in its entirety. Criminal Investigation Division - 306 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal Investigation Division Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings. Officers should also consider electronically recording a custodial interrogation, or any investigative interview, for any other offense when the officer reasonably believes it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of an interrogation should be destroyed or altered without written authorization from the District Attorney, Evidence Custodian and the Criminal Investigations Commander. Copies of recorded interrogations or interviews may be made in the same or different format provided they are true, accurate and complete copies and are made only for authorized and legitimate law enforcement purposes. Officers should continue to prepare written summaries of custodial questioning and investigative interviews and continue to obtain written statements from suspects when applicable. Per Idaho Code 16-1618, all investigative interviews of alleged victims of child abuse should be documented by audio or video taping. 600.5 DISPOSITION OF FIELD NOTES During the course of an investigation, employees should take notes while conducting interviews and gathering information. Any information taken in these field notes that is substantive or exculpatory to the case shall be documented in the final investigative report completed by the officer. Once the report is complete and contains the information as specified, the field notes may be disposed of in an approved manner, i.e., shredded. If notes are retained, they are discoverable and shall be made available to the prosecutor. Note: In situations where there is a court order for preservation of notes, the employee shall attach their notes to the supplemental report or book into property. Criminal Investigation Division - 307 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Sexual Assault Victims' DNA Rights 601.1 PURPOSE AND SCOPE Consistent with The Idaho DNA Database Act of 1996 (Idaho Code Title 19, Chapter 551, this policy will establish a procedure by which DNA will be collected and analyzed for use in detecting and prosecuting individuals responsible for sexual and other violent crimes, as well as the exclusion of suspects who are being investigated for such crimes (Idaho Code 19-5501). 601.2 INVESTIGATION CONSIDERATIONS 601.2.1 DNA CONFIDENTIALITY All DNA profiles and information shall be treated as confidential as provided by Idaho Code 9-340C (17) and 19-5514. Except as authorized by law, members of this department shall not publicly disclose the name or address of any victim of a sex crime. 601.2.2 OFFICER RESPONSIBILITY Whenever there is an alleged violation of rape as defined in Idaho Code Title 16, Chapter 16, forcible sexual penetration by use of a foreign object (Idaho Code 18-6608), sexual abuse and exploitation of a vulnerable adult (Idaho Code 18-1505B), sexual exploitation of a child (Idaho Code 18-1507), sexual abuse of a child under the age of sixteen years (Idaho Code 18-1506) sexual battery of a minor child sixteen or seventeen years of age (Idaho Code 18-1508A), or lewd conduct with minor child under sixteen (Idaho Code 18-1508), the assigned investigator/victim witness coordinator should accomplish the following: (a) Provide the victim with the "Victims of Domestic Violence" card containing the names and locations of the local Alternative To Violence or rape victim counseling centers within the county and their 24-hour counseling service telephone. (b) If victim is transported to a hospital for any medical evidentiary or physical examination the assigned investigator shall cause the Sexual Assault Response Team (SART) to be notified. 601.3 COLLECTION AND FORWARDING OF DNA SAMPLES Once Victims' Advocates explain the importance of conducting timely physical collection of evidence, only law enforcement and SART medical personnel authorized to conduct rape -kit exams should perform those functions and collect the related sample. Collection of DNA samples shall only be performed using the collection materials, instructions, and rules provided by the Bureau of Forensic services. Only reasonable force may be employed when collecting a DNA sample. Collected samples are to be forwarded to the Bureau of Forensic services for analysis (Idaho Code 19-5511). Sexual Assault Victims' DNA Rights - 308 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Polygraph Examinations 603.1 PURPOSE AND SCOPE To establish guidelines governing the use of the Criminal Investigations Division polygraph equipment for the detection of deception in criminal and other investigations. The information outlined herein is to acquaint personnel with the preparation necessary for a polygraph examination and to provide for the optimum utilization of time for the examiner and the investigating officer. 603.2 GUIDELINES (a) Basic uses of the Polygraph: 1. The polygraph is an excellent aid to law enforcement investigations, however, it should never be considered as a substitute or a shortcut to an investigation. 2. The final result of a polygraph examination will be based, in great measure, upon the thoroughness of the investigation prior to having a subject take the examination. (b) Polygraph examinations may be conducted upon: 1. Suspects 2. Internal Investigations 3. Victims 4. Witnesses 5. Applicants for employment with this Department (c) Officer's procedure for preparing subject for examination: 1. A polygraph examination must be administered under strict, controlled conditions therefore, subjects shall be examined in the polygraph office. 2. Whenever possible, the Polygraph Examiner must have at least 24 hours advance notice of any requested examination. 3. If for any reason an appointment cannot be met, it should be canceled immediately. 4. Three hours should be allotted for each polygraph examination. Some examinations maybe longer depending upon the magnitude and/or complexity of the case involved. 5. When polygraph examinations are requested for subjects who have a speech or hearing impairment, or do not speak English, this should be mentioned at the time the appointment is made. 6. Suspects entering the building for a polygraph examination fall under the same rules and procedures for suspects detained in interview room policy. (d) The Polygraph Examiner must have certain case records or files concerning the incident under investigation, they are: 1. Offense reports. 2. Investigation reports to date. Polygraph Examinations - 309 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Polygraph Examinations 3. Background information on subject to be examined, to include criminal records check. 4. Any statement or denials made by the subject. 5. Any other information relevant to the case. 6. The investigating officer should not interrogate the subject on the day the polygraph examination is to be conducted. (e) Physical condition of subject prior to examination: 1. It is desirable that the subject has a normal amount of food and sleep during the 24-hour period preceding the polygraph examination. Their physical and mental condition should be as near normal as possible. 2. A person under the influence of alcohol, sedatives, opiates, or suffering from physical pain, severe cold or respiratory disorder is not ordinarily considered to be in fit condition for an examination. 3. Females who are pregnant shall be tested only at the discretion of the examiner. The decision to test will be made on an individual basis. (f) Suggested information to be given to subject: 1. The examinee should be made aware that the test is voluntary 2. The subject should not be advised of the method in which the examination is to be conducted. He should be advised that the entire procedure will be explained by the examiner. 3. The subject may be advised that the American Polygraph Association has approved the polygraph technique used by the Meridian Police Department, and a certified Polygraph Examiner administers the test. (g) Information to be withheld: Facts concerning the crime, which could only be known by the perpetrator or perpetrators, should never be told to the suspect, press, or general public. These facts could be of vital importance to the examiner in test and question formulation. The following are examples of details that should not be divulged: 1. Method of entry tools used to effect entry, point of entry, extent of damage at the point of entry, and whether or not entry was made by use of a key. 2. Property taken specific amount, denominations of currency, unusual articles, description of articles. 3. Weapon or force used to commit crime club, gun, knife, poison, also number and location of wounds and bruises. 4. Evidence left at the scene of the crime by the suspect(s) tools, weapons, articles of clothing, etc. 5. Unusual acts of the suspect before, during, and/or after the commission of the crime. 6. Means of exit from the scene if by vehicle, foot, bicycle, and anything unusual about the same. 7. Location from which property was taken where safe or cash box was located, types of container from which money or articles were taken, etc. Polygraph Examinations - 310 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Polygraph Examinations 603.3 FACTORS THAT MAY PROHIBIT EXAMINATIONS (a) A polygraph examination will not be conducted on any subject if: 1. The examiner and/or the examiner's immediate supervisor feel the subject is physically or mentally unfit or the examination may be a detriment to the health of the subject or the examiner. 2. The subject has been coerced orforced into taking the examination involuntarily. (b) On an employee of any business that is the victim of the offense under investigation, it must be determined that the employee is not agreeing to the examination because of: 1. Fear of losing their job for not taking the test. 2. Fear of not receiving wages until the test is taken. (Both are violations of the subject's civil rights). 3. The subject does not meet the guidelines of this policy. 4. The subject is the victim of the investigation. (Examining a victim requires Administrative approval, even if requested by the victim.) 5. Juvenile subjects under the age of 14 years make very difficult subjects to examine because of their lack of maturity. The examiner will determine whether or not these juveniles can be tested. 603.4 ADMINISTERING THE EXAMINATION (a) No one will be examined without first having signed the consent form. (b) When juveniles are to be tested, consent forms must be signed by a parent or legal guardian prior to the examination. (c) In the absence of a parent or legal guardian, a Juvenile Court Judge may authorize the examination. (d) The attendance of any other person(s) is not generally allowed. However, the examiner, or the examiner's immediate supervisor will make the final determination on the attendance of another person, and how they may attend. (e) The examination will be structured so that "Yes" or "No" answers are all that will be required from the subject. 603.5 APPLICANT TESTING (a) Police background investigators will notify Criminal Investigations Division Commander and polygraph examiners as soon as dates are established for applicant screening, in order to coordinate applicant testing. (b) Department administration will maintain all files on applicant testing for a period of not less than three years. (c) Background investigators will ensure that all applicants meet the guidelines of this policy. (d) Background investigators will supply the polygraph examiners any necessary history and documentation required to conduct a proper examination. (e) In situations of scheduling conflicts, criminal testing will take precedence over applicant testing. Polygraph Examinations - 311 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Polygraph Examinations 603.6 SUMMARY (a) The investigating officer should keep in mind from the very beginning of the investigation that he/she may find it necessary to request the aid of the polygraph. (b) Polygraph examinations should be considered as a supplement to a thorough and complete investigation. The most minute and seemingly unimportant details are sometimes the ones that could actually break the case. (c) A subject cannot be asked to submit to a polygraph examination unless the investigating officer intends for it to be accomplished. Polygraph Examinations - 312 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Asset Forfeiture 606.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure and liquidation of assets associated with specified controlled substances. This policy applies to forfeited or seized assets in the form of currency, real estate, automobiles, boats, aircraft, or any other items of value. 606.2 ASSET SEIZURE AUTHORITY Employees of the Meridian Police Department will comply with Idaho Code 37-2744, which establishes the authority and limits of the asset forfeiture process to ensure due process is afforded. 606.3 ASSET FORFEITURE PROCEDURE Before seizing any currency, vehicle, or personal property, a patrol officer should contact a narcotics detective. The following guidelines will be observed: (a) Whenever a seizing agency intends to forfeit any real property it will serve involved persons with Notice of Seizure and Intent to Forfeit Disclaimers will be completed on all persons disclaiming ownership of currency, vehicle, or property seized. (b) When someone has made notification other than the Asset Forfeiture detective, a copy of all reports and all applicable asset forfeiture paperwork must be forwarded to the Asset Forfeiture detective in Narcotics, for review. (c) Interview all persons involved concerning their possession of the seized assets, financial situation, employment, income and other resources. The interviewing officer shall ensure that Miranda warnings are given and waivers obtained before interviewing any person who is in custody. (d) Attempt to promptly determine all lien -holders or all persons who may have a legal interest in the seized currency, vehicle or property for further contact, investigation and notification. (e) The seizure of assets subject to forfeiture is a civil proceeding filed through the county of origin, Office of the Prosecuting Attorney Forfeiture Unit or Narcotic Enforcement Team. (f) Promptly upon seizure, the officer who seized the property shall make an inventory of the property seized and shall deliver a receipt embodying the inventory to the person from whose possession the property is taken or to the person in apparent control of the property at the time it is seized. If the property is unoccupied or there is no one there in apparent control, the officer shall leave the receipt suitably affixed to the property. If the property is physically removed from the location of seizure and it is unoccupied or there is no one present in apparent control then the officer shall promptly file the receipt in the public records of the seizing agency. Every receipt shall contain, in addition to the inventory, the following: 1. The identity of the seizing agency. 2. The address and telephone number of the office or place where the person may obtain further information regarding criminal forfeiture and a case number. In the event that property is seized from the possession of a person who asserts a possessory lien over such property pursuant to applicable law, Asset Forfeiture - 313 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Asset Forfeiture notwithstanding any other provision of law, any lien of the person from whom the property was seized remains in effect and is enforceable fully as though the person had retained possession. (g) A seizing agency shall, pending criminal forfeiture and final disposition and subject to the need to retain the property in any criminal proceeding, provide that any property in the physical custody of the seizing agency be serviced or maintained as may be reasonably appropriate to preserve the value of the property (h) A seizing agency may, pending criminal forfeiture and final disposition and subject to the need to retain seized property in any criminal proceeding: 1. Provide that the seized property be transferred for criminal forfeiture to any County, State or Federal agency with criminal forfeiture authority, provided that no such transfer may have the effect of diminishing or reducing any of the rights of any third party. 2. Apply to the court for an order that the seized property may be sold, leased, rented, or operated in the manner and on the terms that may be specified in the court's order. Any sale should be conducted in a commercially reasonable manner and adequate notice and an opportunity to be heard should be provided to all persons known to have or claim to have an interest in the property and with the consent of all persons holding security interests in the property prior to any sale. The seizing agency may also remove the seized property to a storage area for safe keeping. 606.3.1 SEIZED PROPERTY Property seized subject to forfeiture will be inventoried and booked into Property. The property will be checked through the Automated Property System to determine if the property has been stolen. The property will be booked as evidence, with the notation in the comment section of the property form, "Seized Subject to Forfeiture." Property seized subject to forfeiture should be booked on a separate property form. No other evidence from the case should be booked on this form. 606.3.2 SEIZED CURRENCY Currency seized subject to forfeiture will be counted by the seizing officer and a supervisor. The currency will be secured in an evidence envelop with the total amount of currency enclosed noted on the envelope. The seizing officer will initial the envelope when sealed. Currency seized will be booked into evidence and await asset forfeiture proceeding. The currency will be booked on a separate property form notating "asset forfeiture" in the "other" section of the property form. 606.3.3 SEIZED VEHICLES Vehicles seized subject to forfeiture will be taken to a designated secure storage facility. A seized vehicle should not be impounded. The officer seizing the vehicle shall notify the detective supervisor of the seizure of the vehicle and circumstances of the seizure as soon as possible. If the vehicle cannot be driven, a tow truck will be used to tow the vehicle to the storage facility. Asset Forfeiture - 314 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Asset Forfeiture Personal property located in a seized vehicle shall be removed and booked into Property as either evidence or for safekeeping. 606.4 ASSET FORFEITURE LOG A computerized inventory of all asset forfeiture cases shall be kept in the Investigation Unit. The inventory shall include the following: (a) Case number (b) Date of seizure (c) Value (d) Type of seizure (federal or state) (e) Status of the seizure Information maintained on the log will be provided to the Chief of Police or authorized staff, as requested. 606.5 PROCEEDS FROM FORFEITURE Equitable shares received from seized assets shall be maintained in separate funds and shall be subject to accounting controls and annual financial audits. 606.6 NOTIFICATION TIME LIMITS (a) The Impact Team Supervisor must be notified of all asset seizures within twenty-four (24) hours. (b) The State of Idaho must be notified within five (5) business days from the date of seizure. (c) A probable cause report shall be sent to the Ada County Prosecutor within five (5) business days from the date of seizure. (d) The Ada County Prosecutor's Office must be notified within 30 days from the date of seizure, so that they may file the case. The Prosecutor should be notified as soon as possible within the 30 day limit. Asset Forfeiture - 315 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Investigation Funds 607.1 PURPOSE AND SCOPE To establish guidelines for the use of confidential funds issued to the Criminal Investigations Division for the conducting of investigations and recovery of properties or contraband. Confidential funds shall be maintained, recorded and disbursed by all members in a manner to ensure the justification of, and accounting for, all funds processed by the Meridian Police Department. 607.2 PROCUREMENT AND REPORTING OF FUNDS (a) Individual Investigators will maintain all confidential funds issued by Meridian. Investigators will receive approval of use of the funds through the Division Commander. The Deputy Chief of Police will issue replacement funds. (b) The Individual Investigator shall maintain a master ledger detailing all transactions involving confidential funds, including: 1. Date of transaction 2. Monies received 3. Name of person receiving disbursement 4. Reason for disbursement 5. Amount of disbursement 6. Balance on hand (c) The Individual Investigator will disburse funds as needed. The request for disbursement must be made to the Criminal Investigations/Impact Team Sergeants in the form of an operations order stating the nature of the investigation and the amount of money requested. (d) Depending on the type of disbursement of official funds Investigators will use the appropriate receipt. The two types of receipts are 'Receipt for Expenditure of Official Funds" or "Money Transaction Form." (e) Disbursement of funds to officers. The Deputy Chief of Police will be responsible for the control and disbursement of funds to the Criminal Division Commander as needed. (f) Disbursement of funds to informants must be approved by the Criminal Investigations/Impact Team Sergeants. When funds are disbursed by officers to informants, the cash receipt must be completed and will include a case number or explanation for the expenditure. The form shall be maintained in the following manner: 1. The investigator issuing the funds must sign the receipt. 2. A witnessing Officer must sign the receipt for the transaction. 3. The Criminal Investigations/Impact Team Sergeants must sign the receipt for the expenditure. 4. All copies of the receipt will be maintained in the Cl file. Confidential Investigation Funds - 316 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Investigation Funds (g) All transactions involving an informant receiving funds will be witnessed by one or more officer(s). In the event the money is to be used for the purchase of drugs or contraband: The informant will be thoroughly searched preceding the transaction. If the informant's vehicle or residence is utilized in the investigation, a thorough search will be conducted of those areas to which the informant had access. 2. The informant will be given funds which have been recorded by serial number, for the purchase of any contraband. The informant shall not purchase any contraband with his personal funds. To avoid error, all personal funds should be taken from the informant prior to contact with the suspect. The personal funds shall be returned to the informant immediately after the purchase. 3. When possible, constant surveillance will be conducted of the informant after the search and until he meets with observing officers. 4. The informant shall then be thoroughly searched again. All evidence and confidential funds will be retrieved from the informant. When possible, the entire process should be accomplished by the same officer, with the same witness thereto. 5. The informant shall be thoroughly debriefed and a written or oral statement, from the informant, shall be obtained. If a written report is not practical at that time, a statement shall include a complete description of the suspect, a detailed account of all circumstances and conversations involved in the transaction, and any other facts that may be of importance. 6. Confidential funds will be paid an informant only after the Criminal Investigations/Impact Team Sergeants has reviewed the amount to be paid the informant and the results of the informant's work. All informants must sign their correct name to the receipt when receiving confidential funds. 8. The receipt must be completed in full, listing the reasons the informant is being paid, by whom and a brief summary of the transaction. 9. The Criminal Investigations/Impact Team Sergeants shall be responsible for ensuring proper completion and review of all confidential fund transactions by personnel within the Department. 607.3 TRANSFER OF CONFIDENTIAL FUNDS Transfers of confidential funds from one Section to another are permitted only under the following conditions: (a) When funds are needed on an emergency basis and normal channels for receipt of such funds are not available. (b) Upon agreement of Supervisors of both units. (c) Request for disbursement forms must be completed as outlined in this policy. (d) Security of confidential funds records. Completed cash receipts for completed confidential fund disbursements shall be treated as security sensitive information and shall not be disclosed to unauthorized personnel. Confidential Investigation Funds - 317 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Investigation Funds 607.4 ACCOUNTING FOR FUNDS The Criminal Investigations Administrative Secretary, will audit the fund ledger for accuracy This will occur once a month at the availability of the Investigator. The ledgers and funds maintained by the Investigators will be subject to inspection by the Deputy Chief of Police at any time. The confidential funds maintained by the Investigators will be kept under lock and key at all times and in a safe, if possible. The Detective Deputy Chief or his designee will submit a report to the chief of police as needed. 607.5 UTILIZATION OF CONFIDENTIAL FUNDS Confidential funds may be used only in the following manner: (a) Payment for information from informants for probable cause arrest or significant intelligence information. (b) Purchase of contraband, stolen properties, in the conduct of gambling investigation or liquor law violations. (c) Expenses developing from an investigation where receipt of money from normal channels is not possible. (d) Or at the direction of the Criminal Investigations/Impact Team Sergeants based on the needs of an investigation. 607.6 AUDITING OF CONFIDENTIAL FUNDS The Deputy Chief of Police shall periodically conduct a random unannounced audit of confidential funds. This audit will serve two purposes: (a) To ensure that all confidential funds have been accounted for with accurate and clear documentation. (b) To evaluate the overall effectiveness of the confidential funds program. Confidential Investigation Funds - 318 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Informants 608.1 PURPOSE AND SCOPE In many instances, a successful investigation cannot be conducted without the use of confidential informants. To protect the integrity of the Meridian Police Department and the officers using informants, it shall be the policy of this department to take appropriate precautions by developing sound informant policies. 608.2 INFORMANT FILE SYSTEM The Criminal Investigations Impact Team responsible for maintaining informant files. confidential informant. Supervisor or his/her designee shall be A separate file shall be maintained on each These files are to be reviewed biannually by the handling officer(s) and will be updated as needed. Any deactivated files will be maintained for record keeping purposes only and do not need to be reviewed unless necessary. 608.2.1 FILE SYSTEM PROCEDURE (a) Each file shall be coded with an assigned informant control number. An informant history shall be prepared to correspond to each informant file and include the following information: 1. Informant's name and/or aliases. 2. Date of birth. 3. Physical description: height, weight, hair color, eye color, race, sex, scars, tattoos or other distinguishing features. 4. Current home address and telephone numbers. 5. Current employer(s), position, address(es) and telephone numbers. 6. Vehicles owned and registration information. 7. Places frequented. 8. Informant's photograph. 9. Briefs of information provided by the informant and his or her subsequent reliability. If an informant is determined to be unreliable, the informant's file is marked as "Unreliable." 10. Name of officer initiating use of the informant. 11. Signed informant agreement. 12. Fingerprint card will be kept on file. 13. Log of informant activity. 14. Criminal History. 15. List of prior informant work, to include the agency name and name of officer worked with. 16. Update on status of informant. (b) Informant Agreement Status: Confidential Informants - 319 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Informants 1. Active -Informant: actively being used for a specific case and/or is regularly providing intelligence or information to handling officer. 2. Inactive -Informant: Not active, but in good standing and is no longer being utilized in a specific case and/or providing intelligence or information. 3. Deactivated -Informant: Applies to informants that has completed terms of their agreement or is no longer deemed fit to operate as an informant. The informant files shall be maintained in a secure area within the Impact Teams Supervisor office. These files shall be used to provide a source of background information about the informant, enable review and evaluation of information given by the informant, and minimize incidents that could be used to question the integrity of detectives or the reliability of the confidential informant. Access to the informant files shall be restricted to the Chief of Police, Deputy Chief, Division Commander, Impact Team Supervisor, or their designees. 608.3 USE OF INFORMANTS A confidential informant (C.I.) is a person for whom any of the following circumstances exist. (a) The person is assisting with an investigation in exchange for consideration on pending charges. (b) The informant is purchasing evidence. (c) The informant will be used to introduce investigating officers to suspects. (d) The informant's interaction with the police department will probably require his/her appearance in court. The informant supplies information resulting in issuance of a search warrant or arrest of suspect. (e) Informants/citizens/juveniles who are used strictly as a source of information are not considered a confidential informant forthe purposes of this policy. The documentation required herein does not apply to them. NOTE: A recent documented history of mental illness may serve to disqualify any person from participating in investigations as a C.I. NOTE: Registered sex offenders, domestic assault & battery, assault & battery on law enforcement, and crimes against children are some of the crimes which may exclude someone from being an informant for the Meridian Police Department. Before using an individual as a confidential informant, an officer must receive approval from the Impact Team Supervisor, the Division Commander and the Deputy Chief. The officer shall compile sufficient information through a background investigation in order to determine the reliability, credibility and suitability, of the individual, including age, maturity and risk of physical harm. 608.3.1 JUVENILE INFORMANTS The use of informants under the age of 18 is generally prohibited. However, under certain circumstances, juveniles may be used as informants with the approval of the Deputy Chief and/or the Chief of Police. For purposes of this policy, a "juvenile informant" means any juvenile who participates, on behalf of this department, in a prearranged transaction or series of prearranged transactions with direct face-to-face contact with any party, when the juvenile's participation Confidential Informants - 320 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Informants in the transaction is for the purpose of obtaining or attempting to obtain evidence of illegal activity by a third party and where the juvenile is participating in the transaction for the purpose of reducing or dismissing a pending juvenile petition against the juvenile. Written permission from a parent or guardian for the participating of a person under the age of eighteen (18) is required. 608.4 GUIDELINES FOR HANDLING CONFIDENTIAL INFORMANTS All confidential informants are required to sign and abide by the provisions of this department's Informant Agreement. The officer using the confidential informant shall discuss each of the provisions of the agreement with the confidential informant. Details of the agreement are to be approved in writing by the unit supervisor before being finalized with the confidential informant. All informant agreements are subject to supervisor review and/or approval. In certain instances potential persons can be disqualified from participating in investigations as an informant during the course of this review/approval process. 608.4.1 RELATIONSHIPS WITH CONFIDENTIAL INFORMANTS (a) No member of the Meridian Police Department shall knowingly maintain a social relationship with a confidential informant while off duty, or otherwise become intimately involved with a confidential informant. Members of the Meridian Police Department shall neither solicit nor accept gratuities nor engage in any private business transaction with a confidential informant. (b) To maintain officer/informant integrity, the following must be adhered to: 1. Officers shall not withhold the identity of an informant from their superiors. 2. Identities of informants shall otherwise be kept confidential. 3. Criminal activity by informants shall not be condoned. 4. Informants shall be told they are not acting as police officers, employees or agents of the Meridian Police Department, and that they shall not represent themselves as such. 5. The relationship between officers and informants shall always be ethical and professional. 6. Social contact shall be avoided unless necessary to conduct an official investigation, and only with prior approval of the investigators supervisor. 7. Officers will not meet with informants unless accompanied by, at least one (1) additional law enforcement officer. 8. In all instances when this department provides payment to informants, a voucher shall be completed in advance, itemizing the expenses. (c) Prohibited Activities: 1. Officer shall not socialize with informants and/or their families. 2. Officers shall not become personally or romantically involved with an active confidential informant, or a confidential informant that is known or suspected to be involved in criminal activity. 3. Officers shall not purchase or sell items to confidential informants. 4. Officers shall not accept gifts or gratuities from a confidential informant nor give them gifts. Confidential Informants - 321 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Informants 5. Officers shall not borrow money from a confidential informant nor loan them money. 608.5 INFORMANT PAYMENT PROCEDURES The potential payment of large sums of money to any confidential informant must be done in a manner respecting public opinion and scrutiny. Additionally, to maintain a good accounting of such funds requires a strict procedure for disbursements. All payment's must be approved by the Division Commander. 608.5.1 PAYMENT PROCEDURE The amount of funds to be paid to any confidential informant will be evaluated against the following criteria: (a) The extent of the informant's personal involvement in the case. (b) The significance, value or effect on crime. (c) The amount of assets seized. (d) The quantity of the drugs seized. (e) The informant's previous criminal activity. (f) The level of risk taken by the informant. The Impact Team Supervisor will discuss the above factors with the Division Commander and arrive at a recommended level of payment that will be subject to the approval of the Chief of Police. The amount of payment will be based on a percentage of the current market price for the drugs or other contraband being sought, not to exceed 15 -percent. 608.5.2 CASH DISBURSEMENT POLICY The following establishes a cash disbursement policy for confidential informants. No informant will be told in advance or given an exact amount or percentage of payment he/she will receive for services rendered. When both assets and drugs have been seized, the confidential informant shall receive payment based upon overall value and the purchase price of the drugs seized not to exceed a maximum of $1,000. 608.5.3 PAYMENT PROCESS Payments $500 and under may be paid in cash out of the Seizure/Expense Fund. The Division Commander will be required to document all payments. Any payment over $500 must be approved by the Chief of Police and or Deputy Chief. All payments must be recorded and note the corresponding case number. To complete the transaction with the confidential informant the case agent shall have the confidential informant initial the cash transfer form. The confidential informant will sign the form indicating the amount received, the date, and that the confidential informant is receiving funds in payment for information voluntarily rendered in the case. The Meridian Police Department case number shall be recorded on the cash transfer form. The form will be kept in the confidential informant's file. If the payment amount exceeds $500.00, a complete written statement of the confidential informant's involvement in the case shall be placed in the confidential informant's file. This Confidential Informants - 322 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Informants statement shall be signed by the confidential informant verifying the statement as a true summary of his/her actions in the case. 608.5.4 REPORTING OF PAYMENTS Each confidential informant receiving a cash payment shall be informed of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the confidential informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the confidential informant and by doing so jeopardize any investigation, the safety of peace officers or the safety of the confidential informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued. In such cases, the confidential informant shall be provided a letter identifying the amount he/she must report on a tax return as "other income" and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the confidential informant's file. 608.6 SECURITY PROCEDURES The following procedures must be used whenever any informant is brought into the department building: (a) The confidential informant will not be left in any common areas. This prevents the possibility that they will become familiar with office procedures, equipment and personnel. Confidential informants will be kept in an interview room. Confidential informants shall use the restroom facilities located at the front of the building and not the restroom located in the officers' locker rooms or the administrative area. (b) The confidential Informant shall not attend any operational briefings concerning investigative enforcement actions. (c) Undercover personnel will be notified in advance that a confidential informant will be in the office so they may clear the immediate area: the members present should alert other personnel as needed. (d) While a confidential informant is in the building, and during his/her association with the Department, his/her actions will be monitored by the controlling officer. (e) Additional security measures may need to be implemented by the controlling officer. 608.7 PROTECTION FOR INFORMANTS (a) The department is extremely concerned that no person be placed in undue jeopardy. Realizing informing on criminal activity is dangerous, all safety precautions must be implemented. (b) During the course of any investigation where a confidential informant is used, the same protection will be provided to the informant that would be provided a commissioned officer. This includes appropriate surveillance and cover for any activity in which the informant participated. The controlling member is responsible for advising the informant of any possible danger or threat which may exist as a result of their participation with the Department. Confidential Informants - 323 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Informants 608.8 REWARDS OF DRUGS (a) Confidential informants who knowingly assist in department investigations will not be rewarded, compensated or paid for services with drugs or substances that are subject to the Idaho Controlled Substances Act. (b) Violations of this procedure constitute grounds for disciplinary action, up to and including termination. Confidential Informants - 324 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Electronic Tracking System 609.1 PURPOSE AND SCOPE The Electronic Tracking System (ETS) is a system that electronically tracks stolen property from a transmitting device (ETS) that is placed in the stolen money or property. Monitoring and/or Tracking equipment is used both by dispatch and field units to track the signal being emitted from the TracPac to determine the location of the money or property stolen. 609.2 DEFINITIONS Remote Detector- Receivers, that are generally mounted on a tall building or tower, which provides coverage for the area within the tracking transmitters, are located. They have Omni -directional antennas and are monitored via a standard telephone line connected to the Area Wide Monitor (AWM). Area Wide Monitor- A computer-based system in dispatch that monitors the Remote Detectors and displays a general area from which an activated TracPac is emitting a signal. The purpose is to provide field units locations information so they can respond to the area and use the Vehicle Trackers to pinpoint the TracPac's location. ETS TracPac- A sub -miniature transmitter that is placed in a package of currency or other property. The transmitter is activated when it is removed from its magnetic base, broadcasting a continual signal that is tracked by the AWM Tracker and Pocket Detector. Vehicle Tracker- A vehicle mounted homing receiver that has direction and range capabilities. A nominal range of 1 -miles in flat terrain can be expected with somewhat diminished range in hilly terrain or around buildings. Pocket Detector- A pocket sized receiver (proximity detector) with an audible proximity indicator with a 300 foot range. This is used for car searches and tracking activities outside a vehicle where a Vehicle Tracker cannot access. Gold Activation- Discreet term to be used by Dispatch and Officers to notify other officers of an activation of a TracPac when the signal activation is detected either by the Area Wide Monitor or a Vehicle Tracker. Stakeout Tag- Any tag used by Law Enforcement for stakeout applications. ETS Rat Trap- An orange plastic container containing a magnetic plate used to deactivate an active tag. Fixed Site Beacon- A permanently mounted, timer activated, lower power transmitter that has a light to indicate when it is transmitting. The Fixed Site Beacon is used at a location to check Tracker operation at shift change. It can also be used to check Tracker Alignment. Pocket Beacon- A small portable hand held device that has a low power transmitter and operates on a 9 volt battery. The Pocket Beacon is used to check the operation of any receiving devise and to check alignment of a Tracker. Electronic Tracking System - 325 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Electronic Tracking System 609.3 RESPONSIBILITIES (a) Training Requirements: An officer shall attend ETS Operator training prior to using a Vehicle Tracker to track a suspect in an actual robbery or other crime. (b) ETS Program Responsibilities: The CID Lieutenant shall be responsible for the management of the ETS program. (c) CID Property Crimes: The Impact Team Sergeant shall ensure that portable Tracker units are available in unmarked cars assigned to CID and shall have the responsibility for inventory control of the fixed Tracker equipment assigned to CID. (d) Patrol Section: The Fleet Sergeant shall be responsible for the inventory control of fixed Tracker equipment assigned to the Operations Section. The Patrol Sergeants shall ensure deployment of Tracker equipment Operations vehicles at all times. 609.4 GOLD ACTIVATION RESPONSE GUIDELINES Officers should respond Code 2 when driving Tracker equipped vehicles during "Gold Activation" unless information dictates a Code 3 response. In the event of a "Gold Activation" in Boise, Garden City, Ada County or Nampa, tracker equipped Meridian Police Department units should respond to likely ingress routes to Meridian. Meridian Police Department units may assist with tracker equipped vehicles in any jurisdiction within Ada and Canyon County upon their request and with approval from a Meridian Police Department supervisor. Electronic Tracking System - 326 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Eyewitness Identification 610.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques. 610.1.1 DEFINITIONS Definitions related to the policy include: Eyewitness identification process - Any field identification, live lineup or photographic identification. Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 610.2 POLICY This department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. 610.3 INTERPRETIVE SERVICES Officers should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating officer should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 610.4 EYEWITNESS IDENTIFICATION FORM The Criminal Investigations supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications. The process and any related forms or reports should provide: (a) The date, time and location of the eyewitness identification procedure. (b) The name and identifying information of the witness. (c) The name of the person administering the identification procedure. Eyewitness Identification - 327 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Eyewitness Identification (d) If applicable, the names of all of the individuals present during the identification procedure. (e) An admonishment that the suspects photograph may or may not be among those presented and that the witness is not obligated to make an identification. (f) An admonishment to the witness that the investigation will continue regardless of whether an identification is made by the witness. (g) A signature line where the witness acknowledges that he/she understands the identification procedures and instructions. The process and related forms should be reviewed at least annually and modified when necessary. 610.5 EYEWITNESS IDENTIFICATION Officers are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Officers should avoid mentioning that: (a) The individual was apprehended near the crime scene. (b) The evidence points to the individual as the suspect. (c) Other witnesses have identified, or failed to identify, the individual as the suspect. In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses. Each witness should be admonished that he/she is not required to make an identification of any person shown during an eyewitness identification process. Whenever feasible, the eyewitness identification procedure should be audio and/or video recorded and the recording should be retained according to current evidence procedures. 610.5.1 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS When practicable, the person composing the lineup and the person presenting the lineup should not be directly involved in the investigation of the case. When this is not possible, the member presenting the lineup must take the utmost care not to communicate the identity of the suspect in any way. When practicable, the employee presenting a lineup to a witness should not know which photograph or person is the suspect. Other persons or photos used in any lineup should bear similar characteristics to the suspect to avoid causing him/her to unreasonably stand out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect. The suspects should be placed in a different order within each lineup. The employee presenting the lineup to a witness should do so sequentially and not simultaneously (i.e., show the witness one person at a time). The witness should view all persons in the lineup. The order of the suspect or the photo and the fillers should be randomized before being presented to each witness. Eyewitness Identification - 328 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Eyewitness Identification A live lineup should only be used before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have begun, the investigating officer should contact the appropriate prosecuting attorney before proceeding. 610.5.2 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show -ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identifications. A field elimination or show -up identification should not be used when independent probable cause exists to arrest a suspect. In such cases a live or photo lineup is the preferred course of action if eyewitness identification is contemplated. When initiating a field identification, the officer should observe the following guidelines: (a) Obtain a complete description of the suspect from the witness. (b) Assess whether a witness should be included in a field identification process by considering: 1. The length of time the witness observed the suspect. 2. The distance between the witness and the suspect. 3. Whether the witness could view the suspect's face. 4. The quality of the lighting when the suspect was observed by the witness. 5. Whether there were distracting noises or activity during the observation. 6. Any other circumstances affecting the witness's opportunity to observe the suspect. 7. The length of time that has elapsed since the witness observed the suspect. (c) If safe and practicable, the person who is the subject of the show -up should not be handcuffed or in a patrol vehicle. (d) When feasible, officers should bring the witness to the location of the suspect, rather than bring the suspect to the witness. (e) A person should not be shown to the same witness more than once. (f) In cases involving multiple suspects, witnesses should only be permitted to view the suspects one at a time. (g) A person in a field identification should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect. (h) If a witness positively identifies an individual as the perpetrator, officers should not conduct any further field identifications with other witnesses for that suspect. In such instances officers should document the contact information for any additional witnesses for follow up, if necessary. 610.6 DOCUMENTATION A thorough description of the eyewitness process and the results of any eyewitness identification should be documented in the case report. Witness comments of how certain he/she is of the identification or non -identification should be quoted in the report. If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. Eyewitness Identification - 329 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Criminal Gang Files 611.1 PURPOSE AND SCOPE In an effort to reduce gang -related criminal activity, the Meridian Police Department will adopt a policy for reducing gang crime in our community. It is the policy of the Meridian Police Department to protect the community from violence and criminals' acts committed by criminal street gangs and its members, while at the same time ensuring the rights of the citizens are protected. Department members will use every lawful opportunity to identify gang members, gang associates and gang related crime, and to take the appropriate enforcement action. The department recognizes that criminal street gangs, by their very nature, pose a grave threat to the safety of the citizens and police who encounter them. The department also recognizes that it is not a crime to be affiliated with a gang. Therefore, it is this department's policy that the designation of a person as a criminal street gang member or associate does not give any criminal justice personnel authority to take action based solely on their affiliation. By doing so, this department has developed a policy and procedure for the gathering, recording and maintaining of information related to criminal gang activity, gang members and gang associates. Specific regulations have been established to ensure that individuals that do not meet the criteria for inclusion in the criminal gang intelligence files remain excluded. Criminal Intelligence Information means data which has been evaluated to determine that it is relevant to the identification of and the criminal activity engaged in by an individual who or organization which is reasonably suspected of involvement in criminal activity, and meets criminal intelligence system submission criteria. 611.2 IMPACT TEAM/GANG DETECTIVES While all sworn officers are expected to do the following, those assigned full-time to the Criminal Investigation Division shall conduct all gang enforcement and related projects, to include education, public awareness, gang or other offender intelligence files, and enforcement. Impact Team Detectives and/or Gang Officer(s) will act as a liaison between other divisions within the department and outside agencies in an effort to increase communication and dissemination of information. Such officers will be subject to call out or gang related or other pertinent crimes/incidents where their expertise would assist in the investigation of the incident. 611.3 CRITERIA Individuals or groups which meet the criteria per Policy 442 (Criminal Street Gangs) may be included in the intelligence files. 611.4 CATEGORIES All intelligence files will be maintained in one of three categories: (a) Class I File (Raw Data or intelligence): This is the receiving phase of newly inquired raw data. Sources of this information may include, but are not limited to, field interviews, criminal investigations, citizen information, schools, probation, mass Confidential Criminal Gang Files - 330 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Criminal Gang Files media, crime stopper information, and other law enforcement agencies. The newly acquired information is screened for acceptability into the intelligence files. If the information is not acceptable or cannot be verified, it is purged after a period of 90 days. A 30 day extension can be obtained through the approval of the division supervisor. (b) Class II File: Class II files include individuals whose involvement in the criminal street gang (gang associates), but the involvement does not yet constitute the involvement level of an actual member per state code or direct involvement in other criminal activity. Individuals are placed in this classification under "gang associates" when one of the criteria for gang membership is met, but two or more of the criteria for documentation as gang member does not exist. Class 11 files will be purged one year from the date of the last update. Class II individuals can be upgraded to Class III (member/identified suspect) level as new information is received. (c) Class III File: Class III files include individuals who have met the criteria for designation as a gang member per Idaho State Code 18-8502. When possible, individuals who have met the criteria will be cross referenced for prior documentation through RMIN (Rocky Mountain Information Network), FBI (Federal Bureau of Investigations), Violent Gang Member Files in NCIC and surrounding jurisdictions gang data bases. Class III files are maintained for 5 years from the date of last update. If after 5 years from the date of last update, the file meets purge criteria, the file will be purged and destroyed. The above stored information or files must be stored in a manner that it cannot be modified, destroyed, accessed, or purged without authorization. 611.5 DOCUMENTATION PROCESS The documentation process for an individual meeting the criteria of a gang member or gang associate will be as follows: (a) The Officer will complete a Meridian Police Department ITS FI report of all information received. (b) The report will document contact times, indications of gang involvement, and criminal incidents the individual has been involved in. (c) The set and type of gang will be included (d) Sources of the information will be included The complete report will be forwarded to an Impact Team Detective or Gang Officer designated. After approval, the information will be placed into the appropriate classification (Class I, Class II or Class III). The information will then be placed into the intelligence file. Updates will be submitted, reviewed and placed in a similar fashion. A hard copy of this file will also be maintained in some fashion which will be determined by the Chief of Police and/or his designee. These files will be considered classified. Release of information in these files will be done so in accordance with the public information act and with the approval of the Chief of Police or his designee. Release of such information must be in accordance with policy 810. 611.6 FIELD PROCEDURES Officers will not detain individuals for merely being suspected gang members or associates. Officers must be able to produce reasonable suspicion or probable cause that that individual Confidential Criminal Gang Files - 331 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Criminal Gang Files like any other individual may be involved in criminal activity. All documentation will be forwarded to the Impact Team and/or the designated Gang Officer through an ITS FI Card or in a report referencing a criminal offense. 611.7 REQUESTS FOR INFORMATION All Requests for information documented in the Gang Intelligence File will be only granted to Law Enforcement agencies and personnel by the Impact Team designee or Gang Officer Designee. This may be waived by the Impact Team supervisor, the Chief of Police or his designee in cases of imminent danger to life or property. Requests for information will also be on a case by case basis due to the following: (a) Requested information is pertinent and necessary to the requesting officer/agency in initiating, furthering or completing an investigation. (b) Requesting officer/agency has official capacity and statutory authority to obtain the information requested. Requests may be made in writing (including electronic communication), in person or by telephone. If information is released, a record must be maintained documenting who has been given the information, the reason for release of the information and the date of dissemination. 611.8 DISSEMINATION OF INFORMATION Impact Team Detectives and/or Gang Officer(s) will disseminate timely intelligence information concerning gang activity to the line units of the Meridian Police Department. This in turn goes for officers who originally obtain intelligence information. Such information will be disseminated according to this policy. This information shall be done in the form of intelligence bulletins, briefing training, and in-service training or via email communication. 611.9 GANG AND ORGANIZED CRIME IDENTIFICATION (a) Criminal Street Gang: An ongoing organization, association, or group of three or more persons, whether formal or informal, whose members individually or collectively engage in or have engaged in a pattern of criminal activity, and who meet the following criteria: 1. Common sign, name, symbol or leadership. 2. Associate on a continuous or regular basis. 3. Maintain a geographic area, economic area, criminal enterprise or "turf." 4. Wear a distinct clothing, exhibit a distinct appearance or communicate is a distinctive manner. (b) Criminal Gang Member: Any person who engages in a pattern of criminal gang activity and who meets two or more of the following criteria: 1. Admits to gang membership. 2. Is identified as a gang member. 3. Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs, or its tattoos, and associates with known gang members. 4. Has been arrested more than once in the company of identified gang members for offenses that are consistent with usual gang activity. Confidential Criminal Gang Files - 332 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Confidential Criminal Gang Files 5. Is identified as a gang member by physical evidence such as photographs or other documentation. or 6. Has been stopped in the company of known gang members four or more times. (c) Pattern of criminal gang activity: The commission, attempted commission or solicitation of two or more of the offenses included in ISC18-8502, provided that the offenses are committed on separate occasions or by two or more gang members. (d) Criminal Gang Associate must have one or more of the following: 1. Admission or assert membership/association in a criminal street gang to the police. 2. A reliable informant identifies and individual as a gang member/associate and the informant has provided reliable information that was tested as accurate, or an informant of previously untested reliability identifies an individual as a gang member/associate and the information is corroborated by independent sources. 3. An individual displays distinctive gang clothing, hand signs, tattoos, graffiti or language. 4. An individual is identified by a law enforcement agency as a gang member/associate or the individual gives an out-of-state address of a known gang member. 5. An individual frequently associates with known gang members/associates or is arrested for criminal gang activity. (e) Organized Crime Group: This is a criminal organization which can be transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are politically motivated. Criminal Street Gangs may become disciplined enough to be considered organized. (f) Criteria for Organized Crime Identification: 1. The group has a name, symbol or common leadership. 2. The group is involved in the planning, organizing or financing of criminal activity. 3. The group has threatened, attempted, planned or performed criminal acts. (g) Criteria for Organized Crime Affiliation: 1. An individual admits or asserts affiliation with an Organized crime group. 2. An individual has been identified as being affiliated with and organized crime group based on reliable information or informant, or by a law enforcement agency. (h) Criteria for Organized Crime -related Activity: 1. The perpetrator is documented as a member of an organized crime group. 2. The nature of the act itself is associated with organized crime activity. Confidential Criminal Gang Files - 333 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 7 - Equipment Meridian Police Department Policy Manual Police Department and Personal Property 700.1 PURPOSE AND SCOPE Police Department employees are expected to properly care for property issued, assigned or entrusted to them by this department. Employees may also suffer occasional loss or damage to personal, issued, assigned orentrusted property while performing their assigned duty. Certain procedures are required depending on the loss and ownership of the item. 700.2 CARE OF POLICE DEPARTMENT PROPERTY Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and replacement of property assigned or entrusted to them. An employee's intentional or negligent abuse or misuse of issued, assigned or entrusted property may lead to discipline including, but not limited to the cost of repair or replacement. (a) Employees shall promptly report, through their chain of command, any loss, damage, or unserviceable condition of any issued, assigned, or entrusted property or equipment assigned for their use. (b) The use of damaged or unserviceable issued, assigned, or entrusted property or equipment should be discontinued as soon as practical and replaced with comparable items as soon as available and following notice to a supervisor. (c) Except when otherwise directed by competent authority or required by exigent circumstances, issued, assigned, or entrusted property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. (d) Issued, assigned, or entrusted property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without proper authority. (e) In the event that any property of this department becomes damaged or unserviceable, no employee shall attempt to repair the property without prior approval of a supervisor. 700.3 FILING CLAIMS FOR PERSONAL PROPERTY Claims for reimbursement for damage or loss of personal property must be made on the proper form. This form is submitted to the employee's immediate supervisor. The supervisor may require a separate written report of the loss or damage. The supervisor shall direct a memo to the appropriate Division Commander, which shall include the results of his/her investigation and whether the employee followed proper procedures. The supervisor's report shall address whether reasonable care was taken to prevent the loss or damage. Upon review by staff and a finding that no misconduct or negligence was involved, repair or replacement may be recommended by the Division Commander. This department will not replace or repair luxurious or overly expensive items (jewelry, exotic equipment, etc.) that are not reasonably required as a part of work. Police Department and Personal Property - 335 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Police Department and Personal Property 700.3.1 REPORTING REQUIREMENT Supervisors concerning uniform articles or required equipment that is lost, stolen or damaged in the performance of their official duties. If it is determined that the property was stolen, a General Report will be submitted with the memorandum. Supervisors receiving these memorandums will review the circumstances with the concerned individual and make recommendations in written form regarding the department's responsibility for replacement. The employee's memorandum and the Supervisor's recommendation will be forwarded to the Chief of Police who may authorize, if circumstances dictate, replace or repair the article at no expense to the employee, or make arrangements for the officer to make reimbursement to the City. Replacement cost shall be determined by the Chief of Police according to the age and condition of the article at current market value. 700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER Officers and other employees intentionally or unintentionally may cause damage to the real or personal property of another while performing their duties. Any employee who damages or causes to be damaged any real or personal property of another while performing any law enforcement functions, regardless of jurisdiction, shall report it as provided below: (a) A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. (b) A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY If employees of another jurisdiction cause damage to real or personal property belonging to the City of Meridian, it shall be the responsibility of the employee present or the employee responsible for the property to make a verbal report to his/her immediate supervisor as soon as circumstances permit. The employee shall submit a written report before going off duty or as otherwise directed by the supervisor. These written reports, accompanied by the supervisor's written report, shall promptly be forwarded to the appropriate Division Commander. Police Department and Personal Property - 336 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Automatic Vehicle Locater System 701.1 PURPOSE AND SCOPE It is the policy of this department to install, use, and maintain an Automatic Vehicle Locater (AVL) System in designated police vehicles. The purpose of the Automatic Vehicle Locater (AVL) System is, during emergency situations, to assist Communications personnel with dispatching units and locating personnel. The AVL System is also intended to provide field personnel with an enhanced mapping and call routing companion to the Computer Aided Dispatch system. 701.2 FIELD PERSONNEL (a) Department field personnel assigned to a vehicle equipped with an AVL System will have the ability to utilize an enhanced mapping system with call routing information displayed on their mobile computer screen. The AVL System will also have the ability to provide field personnel with their current location. (b) Department field personnel assigned to a vehicle equipped with AVL that is not functioning shall immediately report the problem to Patrol Administrative Sergeant through the case management system prior to the end of their shift. 701.3 SUPERVISOR PERSONNEL (a) Will have the ability to utilize the AVL System to locate field personnel involved in emergencies or perceived emergency situations, such as, but not limited to pursuits, emergency button activations, or a lack of a response to radio transmissions. (b) Shall use the AVL system to assist in locating units who fail or are unable to respond to radio or MDT transmissions. (c) Shall use the AVL system to assist units and supervisors in the establishment of crime scene perimeters and area searches. (d) Shall use the AVL system to assist personnel and supervisors involved in pursuits with appropriate transmissions regarding location, direction, speed, units involved, and topography. (e) The AVL System is not intended to be used as a management/supervisory tool to routinely or randomly monitor the movements of individual field personnel. (f) Supervisors shall make themselves familiar with the capabilities of the AVL system and ensure its proper use. While the system is not intended as a disciplinary tool, supervisors shall investigate allegations of misconduct by accessing all available information, including information captured and retained in the AVL system. 701.4 ACCESS TO AVL DATA Access to any AVL data may be permitted for a variety of purposes including, but not limited to: (a) The AVL System Database may only be reviewed by management/supervisors or an investigator participating in an official department investigation, such as a personnel complaint, claims investigation, administrative inquiry, or criminal investigation. (b) Response to criminal or civil subpoenas requesting data stored in AVL database. Automatic Vehicle Locater System - 337 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Automatic Vehicle Locater System (c) No employee shall make an inquiry into or audit the AVL records unless specifically authorized by the Chief of Police or Division Commander. 701.5 DISABLING AVL SYSTEM No employee will knowingly or willingly tamper, remove or disconnect the AVL System in the vehicle they are driving. Doing so will result in discipline. Any repair or malfunction of the AVL System will be reported through the case management system to the Patrol Administrative Sergeant for repairs or maintenance. Automatic Vehicle Locater System - 338 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Maintenance 704.1 PURPOSE AND SCOPE Employees are responsible for assisting in maintaining vehicles provided by this department so that they are properly equipped, properly maintained, properly refueled and present a clean appearance. 704.2 DEFECTIVE VEHICLES When a vehicle provided by this department becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service for repair. Proper documentation shall be promptly completed through the case management system by the employee who first becomes aware of the defective condition, describing the correction needed. The case management shall be submitted so the repairs can be competed. If the vehicle is inoperable it shall be parked in the downed vehicle area in the patrol parking lot. If a vehicle should become damaged or inoperable while in the field Nesmith Towing will provide towing transportation of the vehicle to the nearest repair facility. If the department owned vehicle is involved in a crash, the vehicle will need to be towed back to MPD and left until estimates for repair are competed. Vehicles are not to be downed if the MCT is not working. 704.3 VEHICLE EQUIPMENT Officers shall complete an inspection of the patrol vehicle at the beginning and end of their shift. Supervisors will also conduct regular inspections of the fleet. Personnel operating a city owned vehicle are subject to inspection and/or search at any time by a supervisor. No member assigned to or operating such a vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. Any new damage to the vehicles will be reported in writing to their immediate supervisor. 704.3.1 PATROL VEHICLES Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following equipment, at a minimum, is present in the vehicle: (a) Exterior check (b) New damage (c) Lights working (d) Overhead (e) Vehicle (including spotlight) (f) Tires (g) Adequate tread (h) Appropriate PSI (i) Tires fixed at Commercial Tire (Nesmith Bother Towing after hours) (j) Trunk (k) Required equipment Vehicle Maintenance - 339 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Maintenance (1) cones Fire Extinguisher (m) First Aid Kit (n) Finger Print Kit (o) 100' Tape Measure (p) 25' Tape Measure Emergency (q) Reflective Vests (r) Police Line "Do Not Cross" Tape (s) Traffic "Orange" paint (t) Tape Stop Sticks "Spikes" (u) Ice Scraper Street Broom (v) Any LTL/Shield, etc. present? (w) Interior check (x) Rifle is cruiser ready (y) On safety / no round in the chamber (z) Search the back seat for weapons / contraband (aa) If any is located, attempt to determine who drove the vehicle prior and advise them in case item can be linked to a suspect (ab) Pull a DR and book the item into evidence as found property (ac) PA functioning (ad) Program radio (ae) Log onto MDT (af) Check ETS is functioning (K9 building has tracker) (ag) Testradar (ah) Internal (ai) Tuning Forks (aj) Check Vehicle Maintenance Sticker (ak) Complete Vehicle Log Book entry (al) Report Non- Functioning Equipment (am) Replace lights / fuses in the forms room (an) Create Case Management for Administrative Sergeant detailing the problem 704.3.2 UNMARKED VEHICLES An employee driving an unmarked vehicle provided by this department shall ensure that it is equipped with the minimum equipment required by their assignment. 704.4 VEHICLE REFUELING Absent emergency conditions or supervisor approval, officers will be required to have a minimum of 3/4 of a tank of fuel when parked at the end of a shift. Officers shall refuel at their earliest convenience during the shift if the vehicle is below that level. Vehicles shall only be refueled at the authorized location. Vehicle Maintenance - 340 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Maintenance 704.5 WASHING OF VEHICLES All units shall be kept clean at all times and weather conditions permitting, shall be washed as necessary to enhance their appearance. Employees using a vehicle shall remove any trash or debris at the end of their shift. Confidential material should be placed in a designated receptacle provided for the shredding of this matter. 704.6 NON -SWORN EMPLOYEE USE Non -sworn employees using marked vehicles shall ensure all weapons are removed from vehicles before going into service. Non -sworn employees shall also prominently display the out of service placards or lightbar covers at all times. Non -sworn employees shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. Vehicle Maintenance - 341 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Use 706.1 PURPOSE & SCOPE The Police Department utilizes City -owned motor vehicles in a variety of applications operated by Police Department personnel. In order to maintain a system of accountability and ensure City -owned vehicles are used appropriately, regulations relating to the use of these vehicles have been established. The term City -owned as used in this section also refers to any vehicle leased or rented by the City. 706.2 USE OF VEHICLES 706.2.1 PATROL SHIFT VEHICLES Personnel assigned to routine scheduled field duties shall log onto the in -car computer inputting the required information when going on duty. If the vehicle is not equipped with a working in -car computer, they shall notify the Ada County Dispatch Center for entry of the vehicle number on the shift roster. If the employee exchanges vehicles during the shift, the new vehicle number shall be entered. Employees shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shift. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be promptly reported to Patrol Administrative Sergeant using the Case Management System. 706.2.2 UNSCHEDULED USE OF VEHICLES Personnel utilizing a vehicle for any purpose other than their normally assigned duties shall first notify the Shift Supervisor of the reasons for use. This section does not apply to personnel permanently assigned an individual vehicle (e.g., command staff, detectives). 706.2.3 UNDERCOVER VEHICLES Unmarked units, if not assigned to an individual employee, shall not be used without first obtaining approval from the respective unit supervisor 706.2.4 AUTHORIZED PASSENGERS Personnel operating Police Department -owned vehicles shall not permit persons other than City employees, persons required to be conveyed in the performance of duty or as otherwise authorized to ride as a passenger in their vehicle without prior approval. 706.2.5 PARKING City -owned vehicles should be parked in their assigned stalls. Employees shall not park privately owned vehicles in any stall assigned to a City -owned vehicle or in other areas of the parking lot not designated as a parking space unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. 706.2.6 INSPECTIONS The interior of any vehicle that has been used to transport any person other than an employee should be inspected prior to placing another person in the vehicle and again Vehicle Use - 342 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Use after the person is removed. This is to ensure that unauthorized items have not been left in the vehicle. 706.3 ASSIGNED VEHICLES City -owned vehicles assigned to personnel for their use within theirjob assignment may be used to transport the employee to and from their residence for work-related purposes and to allow for immediate response to call -out activations. The assignment of vehicles is at the discretion of the Chief of Police. Assigned vehicles may be changed at any time and/or permission to take home a vehicle may be withdrawn at any time. 706.3.1 VEHICLES SUBJECT TO INSPECTION All City -owned vehicles are subject to inspection and or search at any time by a supervisor and no employee assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 706.4 SECURITY Employees may take home City -owned vehicles only with prior approval from their Division Commander and shall meet the following criteria: (a) Marked vehicles shall be stored in a secure garage or behind a secured fenced area at the employees residence. (b) Vehicles shall be locked when not attended. (c) All firearms, kinetic impact weapons and Tasers not secured in a mounted rack shall be removed from the interior of the vehicle and placed in the trunk or properly secured in the residence when the vehicle is not attended. (d) Unmarked vehicles are not required to be secured in a garage, however all unsecured equipment (weapons, safety equipment, hand-held radios, uniforms etc.) shall be removed from the interior of the vehicle and placed in the trunk or properly secured in the residence when the vehicle is not attended. When an employee is on vacation, leave, or out of the area in excess of one week, the vehicle shall be stored in a secure garage at the employee's residence or at the Police facility. 706.4.1 KEYS Personnel assigned a permanent vehicle shall be issued keys for their respective vehicle. The loss of any assigned key shall be promptly reported in writing through the employee's chain of command. 706.5 ENFORCEMENT ACTIONS Officers driving marked and unmarked vehicles shall be armed at all times. If off duty, officers shall follow the department's Off -Duty Law Enforcement Actions Policy 386 with regards to taking enforcement action and self -activation. 706.6 MAINTENANCE (a) Each employee is responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicle. Vehicle Use - 343 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vehicle Use Some cleaning/maintenance supplies will be provided by the Police Department. 2. Employees may use the designated vendors. (b) Employees shall make daily inspections of their assigned vehicle for service/maintenance requirements and damage. (c) Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to employees under their command to ensure the vehicles are being maintained in accordance with policy. 1. When leaving a vehicle at a maintenance shop, the employee will ensure all confidential information is removed from the vehicle and all weapons. 2. Vehicles requiring warranty service shall be taken to the nearest authorized dealer. 706.6.1 ACCESSORIES AND/OR MODIFICATIONS No modifications, additions or deletions of any equipment or accessories shall be made to the vehicle without permission from the Patrol Administrative Sergeant. 706.7 COLLISION DAMAGE, ABUSE, AND MISUSE When a City -owned or leased vehicle is involved in a traffic collision, the involved employee shall promptly notify an on duty supervisor. A traffic collision report shall be filed with the agency having jurisdiction. When a collision involves a department vehicle or when a member of this department is an involved driver in a collision that occurs in this jurisdiction, and the collision results in any reportable damage, injury, serious injury or death, an outside law enforcement agency shall be summoned to handle the investigation. The employee's supervisor shall complete all the appropriate paperwork to include Damage to City Property, Vehicle Damage Report, City Liability Report and Memorandum's. Any damage to a vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered and documented in the Case Management System for the Patrol Administrative Sergeant. An administrative investigation will be conducted to determine if there is any vehicle abuse or misuse. If it is determined that misuse or abuse was a result of negligent conduct or operation, appropriate disciplinary action may result. Vehicle Use - 344 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 8 - Records -Evidence -Animal Control Meridian Police Department Policy Manual Crime Analysis 800.1 PURPOSE AND SCOPE Crime analysis should provide current useful information to aid operational personnel in meeting their tactical crime control and prevention objectives by identifying and analyzing methods of operation of individual criminals, providing crime pattern recognition, and providing analysis of data from field interrogations and arrests. Crime analysis can be useful to this department's long range planning efforts by providing estimates of future crime trends and assisting in the identification of enforcement priorities. 800.2 DATA SOURCES Crime analysis data is extracted from many sources including, but not limited to: (a) Crime reports (b) Field Interview cards (c) Parole and Probation records (d) Computer Aided Dispatch data 800.3 CRIME ANALYSIS FACTORS The following minimum criteria should be used in collecting data for Crime Analysis: (a) Frequency by type of crime (b) Geographic factors (c) Temporal factors (d) Victim and target descriptors (e) Suspect descriptors (f) Suspect vehicle descriptors (g) Modus operandi factors (h) Physical evidence information 800.4 CRIME ANALYSIS DISSEMINATION For a crime analysis system to function effectively, information should be disseminated to the appropriate units or persons on a timely basis. Information that is relevant to the operational and tactical plans of specific line units should be sent directly to them. Information relevant to the development of this department's strategic plans should be provided to the appropriate staff units. When information pertains to tactical and strategic plans, it should be provided to all affected units. Crime Analysis - 346 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Records Retention Schedule 801.1 PURPOSE AND SCOPE The purpose for a records retention schedule to is set standards to make sure reports are kept for as long as they are statutorily required before turning them over to archives. The following is a Records Retention Policy for the Meridian Police Department. Each type of record maintained by the Meridian Police Department has a period of retention after which it may be destroyed. It is important to note that while set dates have been outlined for destruction of each type of record, an individual record may be retained by Administrative Review. It is also important to note that this retention policy is specifically for records maintained by the Meridian Police Department and as such is not meant to set retention standards for other areas of Meridian City Government. 801.2 The purging of records shall be done according to Idaho State Law and Meridian City ordinance and resolution. Records will be purged by the Records Custodian or designee according to the schedule created and maintained by the City of Meridian. Records Retention Schedule - 347 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Property and Evidence 804.1 PURPOSE AND SCOPE This policy provides for the proper collection, storage, and security of evidence and other property. Additionally, this policy provides for the protection of the chain of custody and those persons authorized to remove and/or destroy property. 804.2 DEFINITIONS Property -Includes all items of evidence, items taken for safekeeping and found property Chain of Custody -The continuity of the custody of physical evidence, from the time of original collection to final disposal, which may be introduced in a judicial proceeding. Evidence -Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. Safekeeping -Includes the following types of property: (a) Property obtained by this department for safekeeping such as a firearm. (b) Personal property of an arrestee not taken as evidence. (c) Property taken for safekeeping under authority of a law. Found Property -Includes property found by an employee or citizen that has no apparent evidentiary value and where the owner cannot be readily identified or contacted. This property will be held for 30 days if the value is less than $25.00, and six (6) months if the value is more than $25.00. 804.3 PROPERTY HANDLING Any employee who first comes into possession of any property, shall retain such property in his/her possession until it is properly packaged and secured in the designated evidence in -take locker or storage room along with the appropriate property invoice. Care shall be taken to maintain the chain of custody for all evidence. Where ownership can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The property invoice must be completed to document the release of the property not booked and the owner shall sign the form acknowledging receipt of the item(s). If ownership is not established or the owner not contacted, the found property will be booked into evidence. The Evidence Technician will make every effort to return the found property to the owner. 804.3.1 PROPERTY BOOKING PROCEDURE All property must be booked prior to the employee going off duty unless otherwise approved by a supervisor. Employees booking property should observe the following guidelines: (a) Complete a property invoice describing each item of property separately, listing all serial numbers, owner's name, finder's name, and other identifying information or markings. (b) Place the case number on the right hand corner of the evidence bag/envelope and completely fill out an evidence bag/envelope or tag and place the property inside Property and Evidence - 348 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Property and Evidence the bag/envelope or attach the tag to the property. Properly seal the evidence bag/envelope and complete the chain of custody on each item or groups of items booked in. (c) Distribution of the property invoice and copies is as follows, additional copies will be made as needed: 1. White- Original submitted with the police report. 2. Yellow- If not left with the finder/owner as a receipt will be placed in the 'yellow' basket, make copies as needed. 3. Pink- Accompanies the property booked in. (d) When the property is too large to be placed in a locker, the item may be secured in the large evidence in -take storage area located along the north-west side of the building. Place the yellow copy of the completed property invoice in the'yellow' basket indicating the location of the property. 804.3.2 EXPLOSIVES Explosives that are known or suspected to be armed or live, other than fixed ammunition, shall not be retained in the police facility. All fireworks, railroad flares, or fuses that are considered safe shall be documented on a property invoice and transported and released to a member of the Meridian Fire department, who shall sign the property invoice as having received the property. No fireworks, matches, lighters or propane tanks shall be booked in evidence unless there are extenuating circumstances and notification will be made to the evidence technician as soon as possible. Officers who encounter a suspected explosive device shall immediately notify their immediate supervisor and/or Shift Supervisor. The bomb squad will be called to handle explosive related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives. 804.3.3 EXCEPTIONAL HANDLING Certain property items require a separate process. The following items shall be processed in the described manner: (a) Bodily fluids such as blood or semen stains shall be air dried prior to booking (b) License plates found not to be stolen or connected with a known crime, require a property invoice and should be released directly to the Evidence Technician(s) with the appropriate copies of the property invoice. No formal property booking process is required. The Evidence technician(s) will attempt to notify the person the plate is registered to and return the plate. If the registered person cannot be located or does not respond within 30 days, it will be destroyed. (c) All bicycles, bicycle frames and scooters require a property invoice. Bicycles, bicycle frames and scooters whose ownership can be determined can be released directly to the owner with no formal booking process. If no owner can be located, property tags will be securely attached to each item and placed in the bicycle storage area until an Evidence Technician can photograph and log the property. The yellow and pink copy of the property invoice will be placed in the yellow basket. Bicycles will be retained for 90 days and if not claimed will be sent to auction or disposed of as needed. Property and Evidence - 349 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Property and Evidence (d) All cash shall be counted in the presence of a supervisor and the envelope initialed by the booking officer and the supervisor. A property invoice is required documenting the cash in denominations. All cash/currency will be secured in the safe. (e) Pharmaceutical drugs shall be collected in the designated container and when full will be processed and booked in by the Community Services Lieutenant's designee. (f) Perishable food items shall not be booked in but, shall be photographed and disposed of. (g) Shoplifting merchandise shall not be seized or booked into evidence under most circumstances. Photograph and release back to the business. (h) Alcohol and Tobacco shall not be booked in but, shall be photographed and disposed of. (i) Ammunition found or discarded and turned in by a citizen will be booked in as found property and will require a case number and property invoice. (j) Hypodermic needles and Razor Blades will not be booked in unless there are extenuating circumstances. The officer will photograph and dispose of these items in sharps containers. If there are narcotics or dangerous drugs in the hypodermic needle, the officer will inject the liquid into a small plastic ampule found in the processing area and book that in for analysis as needed and the needle will be disposed of. (k) Latent fingerprints will be booked into evidence and will require a property invoice. Latent fingerprint cards will be submitted to the ISP Fingerprint Section to be checked through the AFIS system. Latent fingerprints will be retained until such time that the prosecutor deems the evidence is no longer needed and the proper written authorization is received by this department. Latent fingerprints no longer needed for prosecution will be left in the evidence envelope and will be forwarded to the Records Division to be placed in the case file. (I) Digital media created and/or received by members of this department will be booked into evidence and will require a property invoice. Digital media will be retained until such time that the prosecutor deems the property clear for destruction and the proper written authorization is received. City property, unless connected to a known criminal case, should be released directly to the appropriate City office/division. No formal booking is required. In cases where no responsible person can be located, the property should be booked in for safekeeping in the normal manner. 804.4 PACKAGING OF PROPERTY (a) Certain items require special consideration and shall be booked separately from each other and secured in a locked cabinet or container separate from each other within the evidence vault or in a safe: 1. Narcotics and dangerous drugs 2. Firearms (ensure they are unloaded and booked separately from ammunition). 3. Jewelry 4. Currency (b) Additionally the following items also require special consideration and shall be booked separately: Pharmaceutical Waste Property and Evidence - 350 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Property and Evidence 2. Property with more than one known owner. 3. Paraphernalia The Evidence Technicians have the right to refuse improperly packaged property from any officer. Property not meeting the department policy standards will be returned to the submitting officer who will correct the issues and return the property as soon as possible. 804.4.1 PACKAGING CONTAINER Employees shall package all property in a suitable evidence bag or envelope available for its size. Knife boxes should be used for knives and gun boxes should be used for firearms, this is especially important when bio -hazards are present. If firearms are in their own case or box then they should be booked in that way. Evidence bags, envelopes and gun boxes shall be completely filled out and the property placed inside. If an evidence bag/envelope is not appropriate, a tag will be filled out and secured to the outside of the property being booked in. 804.4.2 NARCOTICS AND DANGEROUS DRUGS The officer seizing narcotics and dangerous drugs shall retain such property in their possession until it is properly weighed, packaged or tagged and secured in a designated in -take locker, accompanied by the appropriate copies of the property invoice. Prior to packaging and if the quantity allows, a presumptive test should be made on all suspected narcotics. If conducted, the results of this test shall be included in the officer's report. Narcotics and dangerous drugs shall be packaged in an evidence bag/envelope of appropriate size available in the evidence processing room with the exception of Pharmaceutical waste. The booking officer shall seal the evidence bag/envelope with tamper proof evidence tape and place his/her initials, ADA number and date across the seal. A property invoice shall be completed with the white copy (original) to the case file, the yellow in the 'Yellow' basket and the pink copy inside the evidence envelope/bag prior to sealing it. The chain of custody shall be recorded on the evidence bag/envelope. The Pharmaceutical waste program shall be administered and handled by the Community Services Lieutenant or his designee. These items will require a property invoice and a case report number to be used throughout the year. All pharmaceutical waste will be placed under the control of the Evidence Technician until such time that the waste is disposed of. 804.5 RECORDING OF PROPERTY The Evidence Technician receiving custody of evidence or property shall record his/her initials and the date the property was received and where the property will be stored on the evidence item and electronically. A property number shall be obtained for each item or group of items. This number shall be recorded electronically as a bar code label and adhered to each item or group of items during the book in process. Any changes in the location of property held by the Meridian Police Department shall be documented electronically. Property and Evidence - 351 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Property and Evidence 804.6 PROPERTY CONTROL Each time the Evidence Technician receives property or releases property to another person, he/she shall enter the transfer information in the chain of custody and also document it electronically. Officers desiring property for court shall contact the Evidence Technician at least one day prior to the court appearance. 804.6.1 RESPONSIBILITY OF OTHER PERSONNEL Every time property is released or received, an appropriate entry on the evidence packaging shall be completed to maintain the chain of custody. No property or evidence shall be released without first receiving a copy of the court subpoena from the officer requesting the property or evidence. Officers from this agency who assume custody of property or evidence from the Evidence Technician bears full responsibility for ensuring its security, maintenance and for the ready retrieval of such evidence upon demand or show documentation of location of that property or evidence. Requests for analysis of any items shall be made at the time the item is submitted to the Evidence Technician by filling in the appropriate area of the evidence bag/envelope or tag. The request can be made at any time after booking of the property as a verbal request or via electronic mail. 804.6.2 TRANSFER OF EVIDENCE TO CRIME OR STATE LABS The transporting Evidence Technician will check the evidence out of property, indicating the date and time electronically and the request for laboratory analysis. All required lab forms will be completed as needed. The Evidence Technician releasing the evidence must complete the required information on the evidence packaging or tag. The lab forms will be transported with the property to the examining laboratory. Upon delivering the evidence for analysis, the Evidence Technician will sign and date the appropriate lab forms and sign the chain of custody on the evidence item over to the laboratory employee handling the evidence in -take for the laboratory. The original copy of the lab form will remain with the evidence at the laboratory. A copy of the lab form will be provided to the Evidence Technician by the lab employee once all the evidence has been received by them. The copy will be retained by the Evidence Technician(s) until the evidence item is returned from the laboratory. Once the lab report and the evidence items for each case are returned, all paperwork related to each specific case will be forwarded to the Records Section for filing with the case. 804.6.3 STATUS OF PROPERTY Each person receiving property will make the appropriate entry to document the chain of custody. Temporary release of property to officers for investigative purposes, or for court shall be noted on the evidence packaging and documented electronically stating the date, time and to whom released. The Evidence Technician(s) shall obtain the signature of the person to whom property is released and the reason for release. Any employee receiving property shall be responsible for such property until it is properly returned to property or properly released to another authorized person or entity. The return of all property shall be recorded on the evidence packaging or tag and electronically, indicating the date, time and the person who returned the property. Property and Evidence - 352 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Property and Evidence 804.6.4 AUTHORITY TO RELEASE PROPERTY The Prosecuting Attorney's Office shall authorize the disposition or release of all evidence and property associated with criminal cases coming into the care and custody of this department. In certain situations and cases, property can be released or disposed of when the Evidence Technician receives an authorizing signature from the detective or officer who handled the case or is responsible for the submission of that evidence. 804.6.5 RELEASE OF PROPERTY All reasonable attempts shall be made to identify the rightful owner of found property or evidence not needed for an investigation. Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be from the authorizing Magistrate or Prosecuting Attorney. Release of all property shall be documented on the property invoice. Found property and property held for safekeeping will be held for at least six (6) months. The Evidence Technician shall attempt to contact the rightful owner to return the property. Property not claimed within 30 days after the expiration of (6) months and notification will be auctioned, destroyed, or disposed of as deemed appropriate. The Evidence Technician shall release the property upon proper identification being presented by the owner for which an authorized release has been received. A signature of the person receiving the property shall be recorded on the pink or a copy of the property invoice. After release of the property authorized to be released, all paperwork shall be forwarded to the Records Division for filing with the case. Upon release, the proper entry shall be documented electronically to denote the new status. Found Property held by a law enforcement agency for more than six (6) months is presumed, abandoned excluding contraband and firearms. When a request is made for a firearm to be released or a court order authorizing the release of a firearm from the Meridian Police Department evidence room, the Evidence Technician will insure that the suspect/owner is statutorily allowed by law to possess a firearm. A request will be made of the suspect/owner to complete mandatory forms required for the completion of a background check on the individual the firearm will be released to. The firearms release protocol has been set forth by the Meridian City Prosecutors Office and at no time will a firearm be released or disposed of by the Evidence Technician without written approval from a legal representative of that office who has received a request and ensured Federal and State Law is being complied with in the release. All documentation regarding a firearm will be completed and if and when the firearm is released or disposed of, all paperwork will be forwarded to the Records Division to be filed in the case file. Firearms not claimed will be destroyed, converted, or auctioned per Idaho State Code. E:IS��d•B76yllj11gRZ9lW_1Ii'i&i11il:j:Z41:j=1A Occasionally more than one party may claim or be interested in property being held by this department, and the legal rights of the parties cannot be clearly established. Such property Property and Evidence - 353 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Property and Evidence shall not be released until one party has obtained a valid court order or other undisputed right to the involved property. Each employee shall take reasonable precautions in protecting the property of another subject or entity from damage, loss or disposal. If an employee damages, loses or disposes property, the employee shall promptly notify their supervisor. 804.6.7 CONTROL OF NARCOTICS & DANGEROUS DRUGS The Evidence Technicians will be responsible for the storage, control and destruction of all narcotics and dangerous drugs coming into the custody of this department, including paraphernalia. Final destruction of all narcotics and dangerous drugs related to a criminal case will be handled by The Idaho State Police in accordance with procedures established by the state. When notified by ISP of an upcoming drug destruction all narcotics and dangerous drugs cleared for destruction shall be turned over to ISP with all proper paperwork and documentation completed. Final disposition of all narcotics and dangerous drugs shall be documented on the property invoice and electronically. All related documentation and property invoices shall be forwarded to the Records Division to file in the case files. The Evidence Technicians will be responsible for storing all pharmaceutical waste turned in to this agency. The pharmaceutical waste will be stored in a facility separate from criminal case evidence so as not to interfere with and to prevent any type of cross contamination or exposure. All pharmaceutical waste destruction will be coordinated and handled through the Community Services Lieutenant or his designee and when requested all pharmaceutical waste will be released to that individual. Release of all pharmaceutical waste will be documented electronically. 804.7 DISPOSITION OF PROPERTY All property not held for evidence in a pending criminal investigation or proceeding and held for six (6) months or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of property authorization for disposal. The Evidence Technician may periodically request a disposition or status on all property held and for which no disposition has been received from a supervisor, case officer, case detective and or prosecutor. 804.7.1 PRESERVATION OF BIOLOGICAL EVIDENCE The Evidence Technician shall ensure that no biological evidence held by this department is destroyed without proper written approval from the prosecutor or legal adviser. Biological evidence related to a homicide or sexual assault shall be retained indefinitely or until such time that the prosecutor deems the evidence clear for destruction and proper written authorization is received by this department. Biological evidence shall be retained for a minimum period established by law or the expiration of any sentence imposed related to the evidence occurs. Property and Evidence - 354 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Property and Evidence 804.8 INSPECTIONS OF THE EVIDENCE ROOM Only members of this agency authorized by the Chief of Police may enter the evidence room. A written entry/exit log shall be maintained by the Evidence Technicians for visitors and/or maintenance personnel needing access to the evidence vault. Any visitor and/or maintenance personnel shall be escorted into the evidence vault and at no time will be left unattended. (a) On a quarterly basis, the supervisor of the Evidence Technicians shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures. (b) Unannounced inspections of evidence storage areas shall be conducted annually as directed by the Chief of Police. (c) An annual audit of evidence held by this department shall be conducted by an individual designated by the Chief of Police. (d) Whenever a change is made in personnel who have access to the evidence room, an inventory of all evidence and property shall be made by an individual not associated to the property room or function to ensure that records are correct and all evidence and property is accounted for. New keys for the evidence office will be issued and the safe combination will be changed. Property and Evidence - 355 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Records Division Procedures 806.1 PURPOSE AND SCOPE The Records Supervisor shall maintain this department's Records Section Procedures Manual on a current basis to reflect the procedures being followed within the Records Section. Policies and procedures that apply to all employees of this department are contained in this chapter. 806.1.1 NUMERICAL FILING SYSTEM Case reports are filed numerically within the Records Section by Records Section personnel. Reports are numbered commencing with the last two digits of the current year followed by a sequential number beginning with 00001 starting at midnight on the first day of January of each year. As an example, case number 09-00001 would be the first new case beginning January 1, 2009. 806.2 FILE ACCESS AND SECURITY All reports including, but not limited to, initial, supplemental, follow-up, evidence, and all reports critical to a case shall be maintained in a secure area within the Records Section accessible only to authorized personnel. Access to report files after hours or when records personnel are otherwise not available may be obtained through the Shift Commander. Meridian Police Department employees shall not access, view or distribute, or allow anyone else to access, view or distribute any record, file or report, whether hard copy or electronic file format, except in accordance with department policy and with a legitimate law enforcement or business purpose or as otherwise permissible by law. 806.2.1 REQUESTING ORIGINAL REPORTS Original reports shall not be removed from the Records Division. Originals may be viewed and copied within the Records Division. 806.3 POLICE DEPARTMENT FORMS All official forms developed and used by this department shall be reviewed by the Administration Division Commander or designee. Once approved each form will be assigned a number and revision date for catalog and tracking purposes. The Records Supervisor will maintain a complete catalog of all Police Department forms. Records Division Procedures - 356 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Records Release and Security 810.1 PURPOSE AND SCOPE The purpose of this section is to establish a comprehensive reference and procedure for the maintenance and release of Police Department reports and records in accordance with applicable law. 810.2 PUBLIC REQUESTS FOR RECORDS The Idaho Public Records Law provides that records created by a public agency shall be subject to inspection and release pursuant to request, except pursuant to exemptions set forth in the Act and any other exceptions established by statute (Idaho Code 9-337 through 9-350). Citizens may request any document or electronic records created and maintained by the Meridian Police Department as outlined in the Idaho Public Records Law. Citizens are any person, partnership, corporation, association, or other legal entity requesting copies of or access to records, who is not a member of a government law enforcement or prosecutorial agency, or any City or County employee not acting in an official capacity. All requests for public records will be made by use of this department's Public Records Request Form either written or electronic, or on official letterhead from the requesting entity. The completed form will be routed to this department's Records Release staff for processing. 810.2.1 PROCESSING OF REQUESTS Any member of the public, including the media and elected officials, may access unrestricted records of this department by submitting a written request for each record sought and paying any associated fees. The processing of requests is subject to the following limitations: (a) The employee processing the request shall determine if the requested record is available and if so, whether the record is exempt from disclosure. Either the requested record or the reason for non -disclosure will be provided promptly, but no later than three business days from the date of the request, unless unusual circumstances preclude doing so. If more time is needed, an extension of up to 10 additional business days may be authorized by the Chief of Police or the authorized designee. If an extension is authorized, the Department shall provide written notice of the extension to the requesting party (Idaho Code 9-339). (b) In accordance with the Idaho Public Records Law the Department is not required to create records that do not otherwise exist in order to accommodate a request under the law. (c) No records release will be processed without being first approved of the assigned Deputy City Attorney or the Chief of Police or his designee. 810.3 OTHER INFORMATION RELEASES (a) Release of information relating to a civil case: The sole authority to disclose or release information concerning civil cases involving this department or its members Records Release and Security - 357 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Records Release and Security rests with the Chief of Police and Legal Adviser. Members may not discuss any civil case involving themselves, this department or Meridian or otherwise disclose any information relating to any civil case without the specific permission of the Chief of Police. This is not to be construed to limit attorney/client relationships between a member and his/her attorney. (b) Medical records of inmates and others: Pursuant to Idaho Code 9-340C (13) and related Department of Health and Welfare regulations, all medical data is confidential. (c) Other law enforcement agencies, coroners and other Idaho State agencies which handle investigations into misconduct (for example Idaho State Department of Health and Welfare Child Protection Services or the Idaho State Board of Medicine) may be excused from going through the formal records process and authorized for release at the discretion of the Chief of Police, his designee or the assigned deputy city attorney. In those cases, any record to be released will be marked confidential before being released to the requesting agency. 810.3.1 PERSONAL IDENTIFYING INFORMATION (a) Employees shall not access, use or disclose personal identifying information, including an individual's photograph, social security number, driver identification number, name, address, telephone number and the individual's medical or disability information, which is contained in any driver license record, motor vehicle record or any department record except as authorized by the Department and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721 and 18 USC § 2722) or in compliance with Idaho State Public Record Law (Idaho Code 9-337 through 9-350). (b) No employee shall release any record of this department without prior approval from the Chief of Police, his designee or the assigned deputy city attorney. Records Release and Security - 358 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal History Record Information 812.1 PURPOSE $ SCOPE This policy provides guidelines for the release of criminal offender information, security of that information, and persons authorized to release that information (Idaho Code 67-3008). 812.2 AUTHORITY This policy is established pursuant to the mandate of the regulations regarding security of Criminal History Record Information (CHRI). The Idaho State Police Bureau of Criminal Identification is the state's repository of criminal history records as authorized by Idaho Code 67-3003. Idaho Code 19-5203 creates a teletypewriter communication board and authorizes it to make rules necessary to establish and operate the Idaho Public Safety and Security Information System (ILETS) as found in Idaho Administrative Rules 11 (IDAPA), Title 10. Other authority found in Idaho Code Title 67, Chapter 30 delineates who has access to Criminal History Records and Crime Information and establishes penalties for the improper use of criminal history record information. 812.3 DEFINITIONS Criminal History Record Information - (CHRI) shall include information related to the administration of criminal justice, domestic violence and stalking cases, weapons -related checks, criminal justice employment screening, FBI arrests and conviction transcripts (III), and information linked to the emergency placement of children inquiries (ILETS Manual Section 5). Idaho Code 67-3001 provides the following definitions: Administration of Criminal Justice - Performance of any of the following activities: detection, apprehension, detention, pretrial release, post -trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. Also includes criminal identification activities and the collection, storage and dissemination of criminal history record information. Bureau - The bureau of criminal identification in the Idaho State Police. Court - Any court created by the constitution and laws of the State of Idaho, and clerks of the district court. Criminal History Records - Physical and automated information on individuals collected and maintained by the Idaho state police as a result of arrest or the initiation of a criminal proceeding by felony summons or information. Also includes, as defined by a rule of this department, any or all of the following information relating to each event that is subject to fingerprinting under Idaho Code 67-3004: (a) Information relating to offenders (b) Information relating to arrests (c) Information relating to prosecutions (d) Information relating to the disposition of cases by courts (e) Information relating to sentencing Criminal History Record Information - 359 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal History Record Information (f) Information relating to probation and parole status (g) Information relating to offenders received by a correctional agency, facility or other institution The term Criminal History Records shall not include statistical or analytical records, reports in which individuals are not identified and from which their identities are not ascertainable, criminal intelligence information or criminal investigative information, and source information or records maintained by and held at another criminal justice agency or the court. Criminal Justice Agency - A governmental agency or subdivision of a government entity that performs the administration of criminal justice pursuant to a statute, and that allocates a substantial portion of its budget to the administration of criminal justice. Department - The Idaho State Police. Director - The director of the Idaho State Police. Disposition - The formal or informal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system. Fingerprints - The fingerprint impressions submitted to and compiled by the bureau, in a manual or automated form, pursuant to Idaho Code 67-3004. Pecuniary Benefit - Any benefit to a person or member of his household in the form of money, property or commercial interests, the primary significance of which is economic gain. Retainable Offense - A felony or a misdemeanor as defined by rule adopted under Idaho Code 67-3003(2). Subject of Record - The person who is or may be the primary subject of a record of criminal justice information or any representative of the person designated by power of attorney or notarized authorization. 812.4 AUTHORIZED RECIPIENTS OF CHRI CHRI shall not be disseminated to a person or agency that is not part of either a criminal justice agency or a court. Any other release of CHRI will require a signed release from the subject of the record or unless otherwise provided by law (Idaho Code 67-3008(6)). Agency identification will be required before releasing CHRI information outside this department. The Idaho Public Safety and Security Information System (ILETS) maintains a list of authorized criminal justice agencies through signed user agreements (IDAPA 11.10.01.017). If the agency requesting CHRI through this department cannot be verified as part of a criminal justice agency then ILETS will be contacted for approval before any criminal history records are accessed (IDAPA 11.10.01.021). 812.4.1 CRIMINAL RECORD SECURITY OFFICER The Meridian Police Department Terminal Agency Coordinator (TAC) is the designated ILETS Security Officer for this department, unless another individual is specifically selected for the purpose and approved by the ILETS Security Officer (IDAPA 11.10.01.024.05). This position is responsible for ensuring compliance with this procedure and with applicable records security regulations and requirements outlined in IDAPA 11.10.01.024. The Criminal History Record Information - 360 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal History Record Information Security Officer will resolve specific questions that arise regarding authorized recipients of CHRI. 812.4.2 RELEASE OF CHRI Only the persons listed below are authorized to release CHRI. Each authorized person releasing CHRI is responsible to ensure that each request granted appears legitimate and that the requester is an authorized representative of a criminal justice agency or court Q12L Code 67-3008). (a) ILETS Security Officer. (b) Records Supervisor. (c) Full-time employees of the Records Section. (d) Officer who is providing information to another law enforcement agency or to a prosecutor. Each employee should have a signed ILETS Statement of Criminal History Record (CHRI) Confidentiality Form on file with the Security Officer, which delineates the authorized usage and dissemination of Criminal History Record Information obtained through the NCIC Interstate Identification Index (III) files. 812.4.3 RELEASE OF CHRI TO FIELD PERSONNEL State and national fingerprint -based record checks must be conducted within 30 days upon initial employment or assignment for all personnel, including appropriate IT personnel, having access to ILETS/NCIC information. Appropriate background checks must be conducted on personnel with access to ILETS and NCIC access devices (IDAPA 11.10.01.020.06). This department will also screen custodial, support, and/or contract personnel accessing terminal areas when not escorted by our established background screening methods (ILETS Manual 13.3). Sites that include locations or vehicles housing Mobile Data Computers or personal/laptop computers accessing ILETS records must be secure from casual access (ILETS Manual 13.2.1) . CHRI shall not be transmitted by radio broadcast other than for officer/public safety reasons or to further an investigation. Nothing in this procedure is intended to prohibit broadcasting warrant information concerning wanted persons. 812.5 JUVENILE RECORDS Nothing in this procedure is intended to alter existing statutes, case law, or the policies and orders of the Juvenile Court regarding the release of juvenile offender records. Refer to Policy Manual § 324 for more specific information regarding cases involving juveniles. 812.6 REVIEW OF CRIMINAL OFFENDER RECORD The Ada County Sheriff's Office shall not provide any NCIC offender record information to anyone or entity other than law enforcement. Criminal History Record Information - 361 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal History Record Information 812.7 PROTECTION OF CHRI CHRI shall be stored in the Records Section where constant personnel coverage will be provided. CHRI stored elsewhere shall be secured in locked desks, locked file cabinets, or in locked rooms. Direct access to CHRI stored in the Records Section shall be restricted to the Records Section personnel authorized to release it. Direct access to CHRI stored in desks, file cabinets, and rooms outside the Records Section shall be restricted to those persons who possess both the right to know and the need to know the information. 812.7.1 COMPUTER TERMINAL SECURITY Physical security standards will be maintained for computer terminal equipment capable of providing access to automated criminal history record information. The minimum standards and procedures include the following (IDAPA 11.10.01.024.07): (a) Access to computer rooms will be limited to staff who require access for the normal performance of their duties. (b) Electrical power protection devices to suppress surges, reduce static, and provide battery backup in the event of a power failure will be used as necessary. (c) Computer system backups shall be stored in a secure location with restricted access. (d) Network infrastructure components will be controlled with access limited to support personnel with a demonstrated need for access. (e) Physical labeling of infrastructure components will be done to assist in proper identification. Additionally, all components will be inventoried at regular intervals for asset management and physical protection. (f) Authorized users will conform to ILETS password policy which requires a new password be initiated every ninety (90) days for access. (g) Group passwords are prohibited. All employees will be ILETS/NCIC certified prior to accessing CHRI (Criminal History data), except for new employees during their maximum six-month period while completing the initial certification and training process. 812.7.2 DESTRUCTION OF CHRI When retention of Criminal History Records are no longer required, final disposition shall be accomplished in a secure manner so as to preclude unauthorized access/use. Each employee shall be responsible for CHRI documents they receive. NCIC requires all CHRI printouts to either be shredded or burned (ILETS Manual 12.13). When the destruction of CHRI printouts are contracted out to a private company or individual, that entity or individual must either: (a) Pass a complete background check, which includes fingerprints processing, or (b) The Printouts must be in a container that does not allow viewing of the contents, and the contracted person must be under supervision of a background checked employee of this department until the documents are destroyed. 812.8 TRAINING PROGRAM Each employee of the Meridian Police Department who operates a computer to access ILETS and CHRI must have completed the appropriate background check and receive the Criminal History Record Information - 362 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal History Record Information ILETS training at a level consistent with the employee's duties. Re -certification is required every two years as prescribed by the Terminal Agency Coordinator by either attending an ILETS refresher (Inquiry and/or Entry Class or Recertification Class), retake the full certification test or pass the practical test. Attending the class is the preferred method to of remaining updated on the features and capabilities of ILETS (IDAPA 11.10.01.020.03). All members using the computer system to access ILETS or NCIC must attend security training as mandated by ILETS rules. 812.9 PENALTIES FOR MISUSE OF RECORDS It is a misdemeanor for a person for personal gain to request, obtain, or attempt to obtain criminal history records under false pretenses or willfully communicate or attempt to communicate criminal history records to any agency or person not authorized to receive the information by law (Idaho Code 67-3009(1)). It is a felony for a person to willfully solicit, accept, or agree to accept from another any pecuniary benefit as consideration for either willfully falsifying criminal history records or for willfully requesting, obtaining, or seeking to obtain criminal history records for a purpose not authorized by law (Idaho Code 67-3009(2)). Divulging the content of any criminal record to anyone other than authorized personnel is a violation of Policy Manual § 340.3.7(a). Employees who obtain, or attempt to obtain, information from this department's files other than that to which they are entitled in accordance with their official duties is a violation of Policy Manual § 340.3.7(a). Criminal History Record Information - 363 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Computers and Digital Evidence 814.1 PURPOSE AND SCOPE This policy establishes procedures for the seizure and storage of computers, personal communications devices (PCD's) digital cameras, digital recorders and other electronic devices that are capable of storing digital information, and for the preservation and storage of digital evidence. All evidence seized and/or processed pursuant to this policy shall be done so in compliance with clearly established Fourth Amendment and search and seizure provisions. 814.2 SEIZING COMPUTERS AND RELATED EVIDENCE Computer equipment requires specialized training and handling to preserve its value as evidence. Officers should be aware of the potential to destroy information through careless or improper handling, and utilize the most knowledgeable available resources. When seizing a computer and accessories the following steps should be taken: (a) Photograph each item, front and back, specifically including cable connections to other items. Look for a phone line or cable to a modem for Internet access. (b) Do not overlook the possibility of the presence of physical evidence on and around the hardware relevant to the particular investigation such as fingerprints, biological or trace evidence, and/or documents. (c) If the computer is off, do not turn it on. (d) If the computer is on, do not shut it down normally and do not click on anything or examine any files. 1. Photograph the screen, if possible, and note any programs or windows that appear to be open and running. 2. Disconnect the power cable from the back of the computer box (for laptops, disconnect any power cable from the case and remove the battery). (e) Label each item with case number, evidence sheet number, and item number. (f) Handle and transport the computer and storage media (e.g., tape, discs, memory cards, flash memory, external drives) with care so that potential evidence is not lost. (g) Lodge all computer items in the Property Room. Do not store computers where normal room temperature and humidity is not maintained. (h) At minimum, officers should document the following in related reports: 1. Where the computer was located and whether or not it was in operation. 2. Who was using it at the time. 3. Who claimed ownership. 4. If it can be determined, how it was being used. (i) In most cases when a computer is involved in criminal acts and is in the possession of the suspect, the computer itself and all storage devices (hard drives, tape drives, and disk drives) should be seized along with all media. Accessories (printers, monitors, mouse, scanner, keyboard, cables, software and manuals) should not be seized unless as a precursor to forfeiture. Computers and Digital Evidence - 364 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Computers and Digital Evidence 814.2.1 BUSINESS OR NETWORKED COMPUTERS If the computer belongs to a business or is part of a network, it may not be feasible to seize the entire computer. Cases involving networks require specialized handling. officers should contact a certified forensic computer examiner for instructions or a response to the scene. It may be possible to perform an on-site inspection, or to image the hard drive only of the involved computer. This should only be done by someone specifically trained in processing computers for evidence. Cases involving networks require specialized training which is available through the Northwest Regional Computer Forensic Lab, the Idaho State Police or another agency having certified examiners. 814.2.2 FORENSIC EXAMINATION OF COMPUTERS If an examination of the contents of the computer's hard drive, or floppy disks, compact discs, or any other storage media is required, forward the following items to the Computer Forensic Examiner: (a) Copy of report(s) involving the computer, including the Evidence/Property sheet. (b) Copy of a consent to search form signed by the computer owner or the person in possession of the computer, or a copy of a search warrant authorizing the search of the computer hard drive for evidence relating to investigation. (c) A listing of the items to search for (e.g., photographs, financial records, e-mail, documents). (d) An exact duplicate of the hard drive or disk will be made using a forensic computer and a forensic software program by someone trained in the examination of computer storage devices for evidence. 814.3 SEIZING DIGITAL STORAGE MEDIA Digital storage media, to include hard discs, floppy discs, CD's DVDs, tapes, memory cards, or flash memory devices should be seized and stored in a manner that will protect them from damage. (a) If the media has a write -protection tab or switch, it should be activated. (b) Do not review, access or open digital files prior to submission. If the information is needed for immediate investigation request the Property and Evidence Section to copy the contents to an appropriate form of storage media. (c) Many kinds of storage media can be erased or damaged by magnetic fields. Keep all media away from magnetic devices, electric motors, radio transmitters or other sources of magnetic fields. (d) Do not leave storage media where they would be subject to excessive heat such as in a parked vehicle on a hot day. (e) Use plastic cases designed to protect the media, or other protective packaging, to prevent damage. 814.4 SEIZING PCD'S Personal communication devices such as cell phones, PDAs, electronic data storage devices, or other hand-held devices connected to any communication network must be handled with care to preserve evidence that may be on the device including messages, stored data and/or images. (a) If an officer believes, due to the circumstances of the investigation or because the device has been seized pursuant to search warrant, that the device will require specialized forensic examination, the officer should not attempt to access, review Computers and Digital Evidence - 365 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Computers and Digital Evidence or search the contents of such devices prior to examination by a forensic expert. The officer may place the device into "airplane" mode in order to keep it from communicating with any networks. If the officer is unsure how to accomplish placing the device into airplane mode, he/she should disable the device by pulling the battery. If the battery cannot be removed, the officer should power off the device. In the event that an officer believes critical information may be lost due to any manipulation of the device, removing the battery, or powering the device down, the device should be placed in a solid metal container, such as a paint can or in a Faraday bag, to prevent the device from sending or receiving information from its host network. (b) When seizing these devices, officers should also seize the charging units and attempt to legally obtain the password or passcode for the device from the owner should it have one. If the device is seized by consent, a signed consent to search form should be obtained by the officer seizing the device. (c) All handling of a personal communication device should be documented, including the date and time. 814.5 DIGITAL EVIDENCE RECORDED BY OFFICERS Officers handling and submitting evidence recorded by officers and stored digitally using digital cameras, audio or video recorders will comply with these procedures to ensure the integrity and admissibility of such evidence. 814.5.1 COLLECTION OF DIGITAL EVIDENCE Once evidence is recorded it shall not be erased, deleted or altered in any way prior to submission. All photographs taken will be preserved regardless of quality, composition or relevance. Video and audio files will not be altered in any way. 814.5.2 SUBMISSION OF DIGITAL MEDIA The following are required procedures for the submission of digital media used by cameras or other recorders: (a) The recording media (smart card, compact flash card or any other media) shall be brought to the Property and Evidence Section as soon as possible for submission into evidence. (b) As soon as possible following the collection of evidence, the officer is to remove the memory card from their digital camera and place the card into a plastic carrier. The card and carrier are then to be placed into a zip -lock type baggie. Officers shall write their name and the related case number on the outside of the baggie before placing in the film drop box along with the evidence form. (c) A property and evidence technician will make a copy of the memory card using appropriate storage media. Once they have verified that the images properly transferred to the storage media, the property and evidence technicians will erase the memory card for re -use. The storage media will be marked as the original. (d) Officers requiring a copy of the digital files must request a copy on the evidence form when submitted to evidence. 814.5.3 DOWNLOADING OF DIGITAL FILES Digital information such as video or audio files recorded on devices using internal memory must be downloaded to storage media. The following procedures are to be followed: (a) Files should not be opened or reviewed prior to downloading and storage. Computers and Digital Evidence - 366 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Computers and Digital Evidence (b) Where possible, the device should be connected to a computer and the files accessed directly from the computer directory or downloaded to a folder on the host computer for copying to the storage media. 814.5.4 PRESERVATION OF DIGITAL EVIDENCE (a) Only property and evidence technicians are authorized to copy original digital media that is held as evidence. The original digital media shall remain in evidence and shall remain unaltered. (b) Digital images that are enhanced to provide a better quality photograph for identification and investigative purposes must only be made from a copy of the original media. (c) If any enhancement is done to the copy of the original, it shall be noted in the corresponding incident report. Computers and Digital Evidence - 367 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Animal Control Procedures 820.1 PURPOSE AND SCOPE To establish working guidelines and procedures for City of Meridian Animal Control officers to follow in the performance of their duties. It is the policy of this department that City of Meridian Animal Control Officers will enforce the City's animal ordinances (Title 6, Chapter 2 of the Meridian City Code) by: capture and/or impoundment of an animal in violation of the ordinances or for the protection of the animal in a circumstance of abuse; the issuance of citations or warnings for violations, and for the disposal of dead, injured, abandoned or unclaimed animals. 820.2 PROCEDURES (a) Impoundment of Animals: Animals impounded pursuant to Title 6, Chapter 2 of the Meridian City Code will be placed in the City animal shelter and the following procedure shall apply (a) All animals admitted to the shelter will be scanned for microchip and entered into the "dog data" program shared with records. (b) Animal control staff will search for possible matches in the program and call any owners missing a similar dog. (c) Dogs will be kept for a minimum of five working days, not including the day the pet enters the shelter. (d) A Department General Report will be completed noting the dates and times of: the impoundment, attempted contact of the animal's owner, what was done to attempt to identify the animal's owner, and the violation. (e) Release of animals in the shelter will be in accordance with the fee schedule set out in Title 6, Chapter 2 of the Meridian City Code. (f) Fees (license and impound fees) paid to recover an animal in impound at the shelter will be made to the Records section of the Meridian Police Department during normal business hours Monday through Friday. On weekends and holidays Animal control officers may receive fees paid to recover an animal in the shelter. A receipt will be completed with a copy to the person paying the fees and the original submitted along with the form of payment to the Records section. (g) All release/recoveries of animals from the shelter will be recorded into the "dog data" program immediately. (b) Euthanasia of Animals: 1. Animals with serious injuries or a serious disease may be euthanized with supervisor approval. A Department General Report will be completed for any animal with serious injury that is euthanized. The report will note the nature and extent of the injuries, the type of animal, and the supervisor approving the euthanasia. 2. No owner or other member of the public shall be allowed to be present during euthanizing of any animal. Animal Control Procedures - 368 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Animal Control Procedures 3. Other animals that are determined to be unfit for adoption by the animal control officers may be euthanized after the 5 day wait and the animal has been declared abandoned. (c) Disposal of Dead and/or Euthanized Animals: 1. After an animal has been euthanized, the carcass will be wrapped in a cadaver bag and placed in the freezer. Animal carcasses (dogs, cats, or similar sized wild animals) recovered from public places within the City limits shall be double wrapped in a cadaver bag and then disposed of in a dumpster. All officers will wear hand protection (latex type gloves) when handling any animal carcass. 2. Animals that have already been kept in the shelter for a minimum of five (5) business days and meet the criteria noted may be disposed of immediately upon being euthanized and then completely frozen in the freezer. All deceased animals need to be frozen before being disposed of in the dumpster for a sanitary company to dispose of. 3. All animal carcasses and injured animals that are picked up and euthanized due to the seriousness of the injuries will be kept in the freezer for five (5) business days prior to being placed in the dumpster. Animal Control officers will attempt to contact the owners of any animal that was picked up injured or deceased and that is licensed with the City of Meridian or wearing some other type of owner identification. 4. Larger animals such as horses, cows or deer will require the contact of the appropriate company or agency to assist with the disposal. 820.3 OFFICER RESPONSIBILITY During hours when the Animal Control Officer is off duty, or if the Animal Control Officer is otherwise unavailable officers may be dispatched to animal related calls and should take appropriate actions to control the situation. The following are examples of when an officer may consider acting before the arrival of the Animal Control Officer: (a) When there is a threat to the public safety. (b) When an animal has bitten someone, officers should take measures to confine the animal and prevent further injury. (c) When an animal is creating a traffic hazard. (d) When the owner/handler has been arrested and there is no other alternative placement for the animal. (e) When the animal is gravely injured. 820.3.1 ANIMAL BITE REPORTS When Officers are dispatched to an animal bite report and animal control is unavailable the officer shall handle the call and write a general report. Officers shall determine if the animal is current on rabies vaccine. If the animal is not current on rabies vaccine, supervise removal to the animal shelter or veterinary office where the dog will be quarantined according to state code. If the animal is a stray, then every effort shall be made to capture and impound the animal immediately and place it in quarantine. 820.4 INJURED ANIMALS When any injured domesticated animal is brought to the attention of a member of the Meridian Police Department, all reasonable attempts shall be made to contact the owner Animal Control Procedures - 369 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Animal Control Procedures or responsible handler. When the owner or responsible handler cannot be located and the animal is not an immediate danger to the community, it shall be taken to a doctor of veterinary medicine as described below: (a) During normal business hours, the animal should be taken to an authorized veterinary care clinic. (b) If after normal business hours, the animal should be taken to the authorized Veterinary Emergency and Critical Care Services Clinic. (c) The only exception to the above is when the animal is an immediate danger to the community or the owner of the animal is identified and takes responsibility for the injured animal. 1. When the need to kill a seriously injured or dangerous animal is necessary, Policy Manual § 304 (Shooting Policy) shall be followed. The decision to dispose of a seriously injured animal will rest with the on -duty Shift Supervisor. (d) Injured wildlife should be referred to the Department of Fish and Game as applicable. (e) When handling dead or injured animals Department employees shall attempt to identify and notify the owner of the final disposition of the animal. Animal Control Procedures - 370 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Dog Adoption 821.1 PURPOSE AND SCOPE To establish guidelines and procedures for the adoption of dogs impounded by the City of Meridian that are unclaimed or abandoned. It is the policy of this department that dogs impounded by the City of Meridian will have the alternative of adoption made available as one form of disposal for those that remain unclaimed after five (5) working days, or are abandoned. It is recognized as a reasonable and responsible action on the part of the City of Meridian that no dog eligible for adoption will be so adopted unless the dog has been licensed and vaccinated in accordance with Meridian City Code, and is spayed or neutered (or proof of such is determined by a qualified veterinarian). Additionally, any dog eligible for adoption must be evaluated for behavioral compatibility before being adopted. 821.2 PROCEDURES (a) All dogs eligible for adoption must meet the following guidelines: 1. A dog that has been impounded and has been in the Meridian City Pound for a minimum of five (5) working days where no owner has claimed the dog or where owner information cannot be located is eligible for adoption. 2. All dogs considered for adoption shall undergo a behavioral evaluation by a qualified/trained evaluator to determine if the dog is reasonably safe to release. A City of Meridian Animal Control Officer or a competent, trained volunteer as determined by a City of Meridian Animal Control Officer will conduct the evaluation. 3. All dogs considered for adoption shall be evaluated for any obvious medical condition that would eliminate it from eligibility for adoption. The City of Meridian does not guarantee the health of any dog that is adopted. 4. Any dog eligible for adoption may also be released to an animal rescue group or similar organization. (b) Spay or Neutering: 1. All dogs will be spayed or neutered, or determined by a qualified veterinarian to have previously been spayed or neutered, prior to adoption. 2. When a dog is chosen for adoption, arrangements will be made with a local veterinarian or the Idaho Humane Society to spay or neuter the animal. 3. A Meridian Animal Control Officer will transport the dog to the veterinarian or Idaho Humane Society. 4. The person adopting the dog will pick it up from the clinic after the veterinarian releases it. That person shall be responsible for the cost of the procedure and all other associated costs, including rabies vaccinations and license fees. (c) Adoption Criteria: 1. A person must be at least 18 years old to adopt a dog. 2. Adoptions will be on a first come, first serve basis. A list will be kept of anyone wanting to adopt a specific dog. Dog Adoption - 371 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Dog Adoption 3. Prior to adoption, a person must complete a Meridian Adoption Application. A Meridian Animal Control Officer or a trained shelter volunteer will review the application to determine the suitability of the person applying for adoption. 4. Upon completion of the process, and approval for adoption, the person adopting a dog shall complete and sign a liability release waiver. (d) Adoption Forms and Records: 1. The Adoption coordinator or volunteer that releases a dog to adoption shall ensure that the application, agreement, and waiver documents are complete, signed and witnessed. 2. The DR number shall be placed on the application and waiver forms. The form will then turned into Records and placed with the original report. 3. The Adoption Coordinator will enter the information into the Dog Data file. Dog Adoption - 372 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 9 - Custody Meridian Police Department Policy Manual Custody Searches 902.1 PURPOSE AND SCOPE The purpose of this policy is to establish consistent procedures for this department regarding pat -down, booking and strip searches of pre -arraignment detainees. 902.2 DEFINITIONS OF SEARCHES Pat -Down Search - This search is used by officers in the field to check an individual for weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee, or others. Booking Search - This search is used in thejail and again involves a thorough patting down of an individual's clothing. All pockets, cuffs, etc., on the clothing are checked to locate all personal property, contraband, or weapons. The prisoner's personal property is taken and inventoried. Strip Search or Visual Body Cavity Search - This is a search that requires a person to remove or rearrange some or all of his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks or genitalia of such person. This includes monitoring of an arrestee showering or changing clothes where the arrestee's private underclothing, buttocks, genitalia or female breasts are visible to the monitoring employee. Physical Body Cavity Search - This is a search that includes physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of a person, and the vagina of a female. 902.3 PAT DOWN SEARCHES When any officer has reasonable suspicion to believe that a person being lawfully detained may possess weapons or other dangerous items, or in such circumstances the officer reasonably believes that the individual may present a threat to officer safety, that officer may conduct a pat -down search of that individual. Prior to detaining any individual in any police vehicle, an officer should conduct a normal pat -down search of that individual. Whenever practical, a pat -down search of an individual should be conducted by an officer of the same sex as the person being searched. Absent the availability of a same sex officer, it is recommended that a witness officer be present during any pat -down search of an individual of the opposite sex as the searching officer. 902.4 CUSTODY SEARCHES Any person taken into custody may be subjected to pat -down booking searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband prior to being placed in a booking cell. 902.5 STRIP SEARCHES No person arrested and held in custody on a misdemeanor or felony offense, except those involving weapons, possession of controlled substances or violence, shall be subjected to a strip search or visual body cavity search unless an officer has determined that there is Custody Searches - 374 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Custody Searches reasonable suspicion based upon specific and articulable facts to believe such person is concealing a weapon or contraband which would be discovered by such a search. (a) No strip search or visual body cavity search shall be conducted without prior written authorization from a supervisor. The time, date, and place of the search, the name and gender of the person conducting the search and a statement of the results of the search shall be recorded in the arrest record. A copy of the written authorization and recorded information shall be retained and made available to the arrestee or other authorized representative upon request. (b) All strip and visual body cavity searches shall be conducted under sanitary conditions and in an area of privacy so that the search cannot be observed by persons not participating in the search. (c) Unless conducted by a physician or other licensed medical personnel, the officer(s) conducting the strip search or visual body cavity search shall be of the same gender as the person being searched. (d) Whenever possible, a second officer of the same gender should also be present during the search, for security and as a witness to the finding of evidence. (e) The officer conducting a strip search or visual body cavity search shall not touch the breasts, buttocks or genitalia of the person being searched. (f) No employee should view an arrestee's private underclothing, buttocks, genitalia or female breasts while that person is showering or changing clothes unless the arrestee otherwise qualifies for a strip search. However, if serious hygiene or health issues make it reasonably necessary to assist the arrestee with a shower or a change of clothes, a supervisor should be contacted to ensure reasonable steps are taken to obtain the arrestee's consent and/or otherwise protect the arrestee's privacy and dignity. Nothing in this policy section shall prohibit the otherwise lawful collection of trace evidence from an arrestee in accordance with the provisions of (c) through (f) above and based on a valid exigency, consent or a search warrant. 902.5.1 PHYSICAL BODY CAVITY SEARCH (a) No person arrested on a misdemeanor or felony shall be subjected to a body cavity search without a search warrant. (b) A copy of the search warrant and the results of any body cavity search shall be included with the related reports and made available, upon request, to the arrestee or authorized representative. (c) Only a physician, nurse practitioner, registered nurse, licensed vocational nurse, or Level II Emergency Medical Technician (EMT) may conduct a physical body cavity search. (d) Except for the above mentioned licensed medical personnel, persons present must be of the same sex as the person being searched. Privacy requirements, including restricted touching of body parts, are the same as the strip search standard. Custody Searches - 375 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Chapter 10 - Personnel Meridian Police Department Policy Manual Recruitment and Selection 1000.1 PURPOSE AND SCOPE To establish the City's policy on recruitment and selection as it applies to City employees and applicants. It shall be the policy of the City to recruit and select the most qualified persons for employment within the City service. Recruitment and selection shall be conducted in a manner intended to ensure fair and open competition, provide equal employment opportunity, and prohibit unlawful discrimination or favoritism based on protected class status. 1000.2 PROCEDURES AND RELATED INFORMATION As positions become open and are approved for hire, Human Resources shall be notified and requested to conduct a recruitment process to attract the best qualified applicants for the position. The following procedure shall be followed for each hiring process: (a) Human Resources shall post the open position with job related information including the salary grade and range. Positions will be posted internally through standard channels of communication. External job announcements shall be made typically through area newspapers, Job Service, and other forms of communication directed towards attracting the most diversely qualified applicants. (b) Positions will be posted at each City location for five working days for employees to review. Employees interested in other City opportunities are expected to regularly check City bulletin boards and other regular channels of communication for job information. Job vacancies may also be advertised outside the City locations. (c) Temporary or seasonal positions may not always be posted internally and can be filled by a temporary agency, university students, technical schools or other outside agencies. (d) All external applicants for employment who are applying for a vacant position must complete and sign a City of Meridian application form. (e) Internal employees must complete a Request for Promotion/Transfer form available in the Human Resources Office. The City will consider outside applicants simultaneously with those internal applicants. 1000.2.1 INTERNAL CANDIDATE INTERVIEW Completion of the internal request for promotion/transfer does not guarantee a current city employee an interview. Current employees must meet the essential qualifications of the open position. In addition, they must have a minimum of six months service in their current position for general employees and one year service for police. Final selection decisions will be based on the same criteria as used for external candidates. 1000.2.2 VETERAN'S PREFERENCE POINTS Idaho Code Title 65, chapter 5, provides veteran's preference points to State residents who have been in active service in the United States during a recognized war period as defined by Federal Law. Veteran preference points are only applied once, on the initial application for employment for competitive examination rating positions. Recruitment and Selection - 377 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Recruitment and Selection 1000.2.3 EMPLOYMENT ROSTER FOR POLICE The City maintains an employment roster for certain positions in the police department. The employment eligibility roster shall remain in effect until the position for which the roster was determined is filled or until such time as determined by the Police Chief. After the expiration of the eligibility roster, all applicants whose name were originally on the roster will be required to compete through the hiring process in order to have his/her name placed on subsequent hiring rosters. Applicants on the employment eligibility roster must notify the Human Resources Department in writing of any change of address or other changes that would affect his/her availability for future employment. The Police Chief has discretion to select candidates score. 1000.3 STANDARDS Employment standards shall be established for each job classification and shall include minimally, the special training, abilities, knowledge and skills required to perform the duties of the job in a satisfactory manner. The Meridian Department of Human Resources maintains standards for all positions. The dilemma facing this department is one of developing a job -valid and non-discriminatory set of policies which will allow it to lawfully exclude persons who do not meet the Meridian or State of Idaho hiring standards. The Idaho Peace Officer Standards and Training Council (POST) developed the Minimum Standards For Employment, which are used as a professional standard in background investigations (Rules of the Idaho Peace Officer Standards and Training Council IDAPA 11.11.01.050-059). In addition to Idaho POST standards, the Meridian Police Department requires a minimum of 60 college credits and or a basic POST certification or four years active duty military with honorable discharge and has adopted the standards listed below for public safety applicants. As an equal opportunity employer, gender, race, color, religion, national origin, age, physical or mental disability, or current, past, or future military status shall not be used as a basis for discrimination. 1000.3.1 OPERATION OF A MOTOR VEHICLE (a) The ability to possess a valid Idaho driver's license. (b) The ability to drive safely. (c) The ability to control a motor vehicle at high speeds. (d) The ability to operate a motor vehicle in all types of weather conditions. (e) Disqualifying criteria as listed in IDAPA 11.11.01.055.03.c, IDAPA 11.11.01.057. 1000.3.2 INTEGRITY (a) Refusing to yield to the temptation of bribes, gratuities and payoffs. (b) Refusing to tolerate unethical or illegal conduct on the part of other law enforcement personnel. (c) Showing strong moral character and integrity in dealing with the public. (d) Being honest in dealing with the public. Recruitment and Selection - 378 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Recruitment and Selection (e) The following shall be disqualifying: 1. Any material misstatement of fact or significant admission during the application or background process shall be disqualifying, including inconsistent statements made during the initial background interview (Personal History Statement or Supplemental Questionnaire) or polygraph examination or discrepancies between this background investigation and other investigations conducted by other law enforcement agencies. 2. Any forgery, alteration or intentional omission of material facts on an official employment application document. 3. Any additional disqualifiers as enumerated in IDAPA Rule 11.11.01-054. 4. Any cheating, lying, or dishonesty in regards to academic or physical performance during the hiring process or during the POST certification process. 1000.3.3 CREDIBILITY AS A WITNESS IN A COURT OF LAW (a) The ability to give testimony in a court of law without being subject to impeachment due to his/her honesty or veracity (or their opposites) or due to prior felony conviction. (b) The following shall be disqualifying: 1. Conviction of certain misdemeanors under Idaho law while employed as a peace officer (including military police officers). 2. Admission(s) of administrative conviction of any act while employed as a peace officer (including military police officers) involving lying, falsification of any official report or document, or theft. 3. Admission(s) of any act of domestic violence as defined by law, committed as an adult. 4. Admission(s) of any criminal act, whether misdemeanor or felony, committed against children including but not limited to: molesting child abduction, child abuse, lewd and lascivious acts with a child, or indecent exposure: Acts of consensual unlawful intercourse accomplished between two minors shall not be included, unless more than four years difference in age existed at the time of the acts. 5. Any additional disqualifiers as listed in IDAPA Rules 11.11.01.055 and IDAPA 11.11.01.056. (c) Any history of actions resulting in civil lawsuits against the applicant or his/her employer may be disqualifying. 1000.3.4 DEPENDABILITY Candidates should possess the following qualities: (a) Having a record of submitting reports on time and not malingering on calls, etc. (b) A record of being motivated to perform well. (c) A record of dependability and follow through on assignments. (d) A history of taking the extra effort required for complete accuracy in all details of work. (e) A willingness to work the hours needed to complete a job. (f) The following should be disqualifying: 1. Missing any scheduled appointment during the process without prior permission. Recruitment and Selection - 379 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Recruitment and Selection 2. Having been disciplined by any employer (including military) as an adult for abuse of leave, gross insubordination, dereliction of duty, or persistent failure to follow established policies and regulations. 3. Having been involuntarily dismissed (for any reason other than lay-off) from two or more employers as an adult. 4. Having held more than seven paid positions with different employers within the past four years, or more than 15 paid positions with different employers in the past ten years (excluding military). Students who attend school away from their permanent legal residence may be excused from this requirement. 5. Having undergone personal bankruptcy more than once, having current financial obligations for which legal judgments have not been satisfied, currently having wages garnished, or any other history of financial instability. 6. Resigning from any paid position without notice shall be disqualifying, except where the presence of a hostile work environment is alleged. 7. Having any outstanding warrant of arrest at time of application. 1000.3.5 LEARNING ABILITY (a) The ability to comprehend and retain information. (b) The ability to recall information pertaining to laws, statutes, codes, etc. (c) The ability to learn and apply the material, tactics and procedures that are required of a law enforcement officer. (d) The following shall be disqualifying 1. Being under current academic dismissal from any college or university where such dismissal is still in effect and was initiated within the past two years prior to the date of application. 2. Having been academically dismissed from any POST certified basic law enforcement academy wherein no demonstrated effort has been made to improve in the deficient areas, except: subsequent successful completion of another POST basic law enforcement academy shall rescind this requirement. 1000.3.6 PERSONAL SENSITIVITY (a) The ability to resolve problems in a way that shows sensitivity for the feelings of others. (b) Empathy. (c) Discretion, not enforcing the law blindly. (d) Effectiveness in dealing with people without arousing antagonism. (e) The ability to understand the motives of people and how they will react and interact. (f) The following shall be disqualifying: 1. Having been disciplined for displaying to any employer (including the military and/or any law enforcement training facility) acts constituting racial, ethnic or sexual harassment or discrimination. 2. Having been disciplined by any employer as an adult for fighting in the workplace. 1000.3.7 JUDGMENT UNDER PRESSURE (a) The ability to apply common sense during pressure situations. Recruitment and Selection - 380 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Recruitment and Selection (b) The ability to make sound decisions on the spot. (c) The ability to use good judgment in dealing with potentially explosive situations. (d) The ability to make effective, logical decisions under pressure. (e) The following shall be disqualifying: 1. Admission(s) of administrative conviction or criminal convictions for any act amounting to assault under color of authority or any other violation of federal or state Civil Rights laws. 2. Any admission(s) of administrative conviction or criminal conviction for failure to properly report witnessed criminal conduct committed by another law enforcement officer. 1000.3.8 SELECTION PROCESS (a) Meridian Police Actions: 1. All elements of any selection process for personnel will be administered, scored, evaluated and interpreted in a common and uniform manner. 2. Candidates for sworn positions determined to be ineligible for hire as a police officer will be notified in writing. 3. Only trained investigators will conduct background investigations. Background investigations will be professional and complete. 4. Failing a polygraph may not in and of itself be a disqualifier. 5. Failing a Computer Voice Stress Analysis may not in and of itself be a disqualifier. 6. No member of the Meridian Police Department shall attempt to interpret the results of a psychological or medical evaluation without consultation with the selected professional. (b) Meridian Police Procedures: 1. Pre -offer testing and investigations: (a) Appropriate testing for initial consideration (b) Criminal History (c) Physical fitness testing (d) Oral interview. (e) Completion of the additional background information sheets. (f) Background Investigation (g) Truth verifications testing, if applicable. 2. Post -offer of employment testing: (a) Psychological testing. (b) Medical physical examinations and evaluation. (c) Drug screening. (c) Standards: 1. Must be a citizen of the United States. 2. Must have a high school education or equivalent. Recruitment and Selection - 381 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Recruitment and Selection 3. Not less than two years of responsible work experience following high school graduation. 4. No criminal conviction for any felony, and certain misdemeanors shall disqualify. Must have a valid drivers license. 5. Must be of good moral character, and successfully undergo a thorough background investigation. 6. Must be able to pass the P.O.S.T. required physical fitness test for sworn positions. 7. Must be able to pass the P.O.S.T. required physical examination for sworn positions 8. Each applicant must successfully pass a truth verification test as administered by the department. 9. Each applicant must pass the psychological testing process forsworn positions. 10. Each applicant must pass the appropriate test given by the department. 11. Those accepted that are not presently P.O.S.T. certified or certifiable must attend and pass the Idaho P.O.S.T. academy. 12. All applicants hired must successfully complete the departments field -training program. 13. Each new member must successfully complete a one- year probationary period. 14. Each applicant must possess a basic ability to operate computers. 15. Each applicant must meet all other requirements of the Minimum Standards for Employment. Of the P.O.S.T. rules and regulations. 1000.3.9 DISQUALIFIERS (a) Documented abuse of sick leave with previous employers. (b) Proven allegations of domestic violence whether criminally charged or not (striking or battering a spouse, domestic partner, or someone with whom the applicant has children in common). (c) Allegations of moral turpitude (sexual deviancy, sexual encounters with underage persons, voyeurism, indecent exposure, etc.) (d) Lying on the application, background information or failing to complete the form. (e) Stealing or theft from present or past employers. (f) Documented disciplinary problems, of a serious nature, with previous employers. (g) Documented history of continued financial difficulty within the last five years. (h) Anyone who has on any occasion illegally manufactured or delivered a controlled substance, as defined by Section 37-2701, of the Idaho Code. (i) Anyone who has illegally used marijuana or performance enhancing drugs within the three year period immediately preceding application to the Meridian Police Department. (j) Anyone who has illegally used any controlled substances defined in the Uniform Controlled Substances Act, Article II including but not limited to amphetamines, methamphetamine, cocaine, hallucinogens, opiates, spice, bath salts, synthetic drugs, or other narcotics within a ten year period immediately preceding application to the Meridian Police Department. Recruitment and Selection - 382 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Recruitment and Selection (k) Who has engaged in "huffing" of any substance including but not limited to gasoline, glue, paint, and a paint thinner which is capable of causing a condition of intoxication, inebriation, excitement stupefaction or dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of those chemical substances. Having done so on more than two occasions or within the five year period immediately preceding application to the Meridian Police Department. Operation of a police vehicle is an important function of the officers of the Meridian Police • More than five moving traffic violation convictions during the five years prior to application to the Meridian Police Department. • Conviction of DUI during the five years prior to the application to the Meridian Police Department. Other convictions of DUI will be carefully screened for the facts and circumstances surrounding the arrest and conviction. • Acceptance to POST may be refused in any case. • Convictions of Driving without privileges shall also be considered. 1000.4 CIVILIAN EMPLOYEES CRITERIA The duties and responsibilities of civilian or non -sworn members shall be defined in the job descriptions maintained in the departmental files. 1000.4.1 PROCEDURES The procedures used for screening civilian positions shall conform to the departments' policy for sworn officers, unless otherwise specified by the job description. Civilian employees assigned or having access to criminal history records, fingerprint files, investigative records, tactical information, emergency communications or other assignments or materials of a sensitive nature shall undergo a background investigation to include a criminal history check prior to employment. They shall also successfully complete the designated Truth Verification Testing established by the department. 1000.5 VOLUNTEERS Civilian volunteers are subject to the same provisions and restrictions governing other civilian employees as defined in this policy. Recruitment and Selection - 383 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Criminal Background Checks 1001.1 PURPOSE AND SCOPE To establish the City's policy on conducting criminal background checks for positions that may come into contact with sensitive information, City assets and equipment, contact with the public, and others as specified within this policy. To evaluate the fitness of applicants for employment or continued employment. As required by state and federal law. See City of Meridian Policy 2.7.1 Criminal Background Checks - 384 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Performance Evaluations 1002.1 PURPOSE AND SCOPE The purpose of Performance Evaluations is to standardize the nature of the personnel decision-making process, assure the public that the agency's personnel are qualified to carry out their assigned duties and provide employees with necessary information to correct deficiencies and to allow for positive feedback from supervisors. The City has established a pay -for -performance compensation program for all non -represented positions. Each year, the Mayor and City Council may approve percentages for pay increases (if any) available to employees based on the outcome of individual performance appraisals. Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible for ensuring that performance appraisals are given in a timely manner, according to City standards, and in a manner that objectively documents performance. Supervisors and department heads may award annual performance increase to employees who "Meet the Job Requirements" performance rating or higher as outlined within the annual compensation program. See City of Meridian Policy 3.4.3 Performance Evaluations - 385 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Address Confidentiality For Law Enforcement Officer 1003.1 PURPOSE AND SCOPE Law Enforcement officers as defined in Chapter 58, Title 19 Idaho Code are entitled to keep their home address confidential with any public entity in Idaho. 1003.2 ADDRESS CONFIDENTIALITY Eligibility: (a) Law enforcement officers desiring that their Idaho residential street address and telephone number, and the Idaho residential street address and telephone number of their residing household member(s) be exempt from disclosure pursuant to this chapter and section 9-340C(30), Idaho Code, may submit an application and a fee, if any, to the custodian of the public record that contains such information. Upon receipt of an application and fee, the public agency shall comply with the provisions of this chapter for a period of four (4) years. Thereafter, law enforcement officers may renew the exemption by submitting a new application and fee, if any. The public agency may establish a fee schedule not to exceed the actual cost to the agency of complying with the provisions of this chapter. (b) Law enforcement officers may submit an application to a public agency requesting that the public agency use an alternative Idaho mailing address rather than the Idaho residential street address of any such officer and of any such officer's residing household member(s) on all applications and on all identification cards, licenses, certificates, permits, tags and other similar documents that are issued to the officer or to such officer's residing household member(s) by the public agency. A public agency receiving such application shall comply with the request. (c) A person shall cease to be eligible for an exemption under this chapter if such person ceases to be a law enforcement officer or a residing household member(s). Within thirty (30) days of such cessation, the person shall notify, in writing, every public agency to which the person has made an application stating that he or she is no longer eligible for such exemption. If a law enforcement officer changes employment but is still eligible for an exemption under this chapter, such law enforcement officer shall, within thirty (30) days of changing employment, submit a new application to every public agency to which such officer has made an application. (d) Nothing in this chapter shall prevent a public agency from obtaining the residential street address and telephone number of a law enforcement officer and of any residing household member(s). A law enforcement officer who has submitted an application pursuant to the provisions of this chapter shall provide his or her current Idaho residential street address to his or her employing entity Address Confidentiality For Law Enforcement Officer - 385 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Promotional and Transfer 1004.1 PURPOSE AND SCOPE To establish guidelines for the testing and promotion of Meridian Police Department members. A promotion is defined as a movement by an employee from his/her current position to one that falls within a higher salary range. 1004.2 ASSESSMENT CENTERS Promotional eligibility rosters shall be established for the Chief of Police. An Assessment Center should be designed and administered to eligible members, where there is more than one eligible applicant. The scores of the Assessment Center shall be provided, in writing, to the Chief of Police. The Chief of Police will make his selection based on the results provided to him. The assessment center should be comprised of oral boards, written exercises and practicals designed to determine the knowledge and professional competency of those tested. The eligibility results will remain in effect for a period of six months. No re -testing or additions will be done until the current roster expires, the Chief of Police cancels it or the list is exhausted. Someone who becomes eligible during a current roster will not be considered for promotion, nor will anyone who is unable to test at the scheduled time. Ranking of candidates in descending order based upon their final aggregate promotion list score will be posted. This will be an eligibility list created for future promotions. The Chief may appoint from among the top three candidates for each individual opening. An employee who is eligible to take a promotional exam for career advancement will not be compensated for those hours required to participate in the testing procedures. If an employee is scheduled to work on the day of the exam, he/she will be required to take leave during the testing process. 1004.3 PROMOTIONAL TRANSITION PERIOD Every officer who is promoted or appointed to supervisory, middle management, or department head shall satisfactorily complete a transition period of not less than six months for that position. Whenever a position is posted for City employees only, or departmental employees only, or open to the public -at -large, all applications will be rated solely on the information supplied at the time of application. 1004.4 QUALIFICATIONS FOR RANKS Eligibility for promotion/transfer compares minimum relevant qualifications of the new position and the employee's qualifications. (a) Factors that generally relate to the position include: 1. The duties and responsibilities of the position. 2. Education, training, or special knowledge required. 3. Experience, including both the nature and length of previous assignment. (b) Factors that relate to the employee include: Quality of work, initiative, planning, dependability and attitude. Promotional and Transfer - 387 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Promotional and Transfer 2. Present and past performance levels. 3. Potential for successful performance in the new position. (c) Required Length of Service: A non -sworn employee must have a minimum of six months or one year of service for a sworn officer in his/her current position before requesting a promotion/transfer unless receiving prior approval from all levels of management in the chain of command, starting with the immediate supervisor up to and including the department head, Human Resources and the Mayor. (d) Chief of Police 1. Minimum Requirements (a) P.O.S.T. Management Certificate or equivalent from another State. (b) This position is appointed by the Mayor and approved by City Council. (c) Minimum five years full-time command experience. (d) Valid Idaho State Driver's License. 2. Recommended Qualifications (a) Master's Degree in Criminal Justice, Public Administration, Business Administration, Social Services, Science, Technology or a closely related field. (b) Extensive (seven years) of command level experience. (c) Attended the FBI National Academy. (d) Attended Northwestern of Police Staff and Command. (e) Deputy Chief 1. Minimum Requirements (a) P.O.S.T. Advanced Certification. (b) The position is appointed by the Chief of Police. (c) Minimum three years of full-time experience as a Police Lieutenant or Captain (If the position exists). (d) Valid Idaho State Driver's License. (e) Note: Must be free from disciplinary review within the last 12 months. 2. Recommended Qualifications (a) Bachelors of Arts Degree in Criminal Justice, Public Administration, Business Administration, Social Services, Science, Technology or a closely related Field. (b) P.O.S.T. Management Certificate. (c) Attended Northwestern of Police Staff and Command. (f) Captain 1. Minimum Requirements (a) P.O.S.T. Advanced Certification. (b) The position is appointed by the Chief of Police. (c) Valid Idaho State Driver's License. (d) Note: Must be free from disciplinary review within the last 12 months. Promotional and Transfer - 388 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Promotional and Transfer 2. Recommended Qualifications: (a) Bachelors of Arts Degree in Criminal Justice, Public Administration, Business Administration, Social Services, Science, Technology or a closely related Field. (b) P.O.S.T. Management Certificate. (c) Attended Northwestern of Police Staff and Command. (d) Minimum three years of full-time experience as a Police Lieutenant with the Meridian Police Department. (g) Lieutenant 1. Minimum Requirements (a) P.O.S.T. Advanced Certification. (b) Minimum three years full-time experience as a Police Sergeant with the Meridian Police Department. (c) Valid Idaho State Driver's License. (d) Must successfully pass a testing process. (e) Note: Must be free from disciplinary review within the last 12 months. 2. Recommended qualifications (a) Associates of Arts Degree in Criminal Justice, Public Administration, Business Administration, Social Services, Science, Technology or a closely related Field. (b) Attended Northwestern of Police Staff and Command. (h) Sergeant 1. Minimum Requirements (a) P.O.S.T. Intermediate Certificates. (b) Valid Idaho State Driver's License. (c) Shall obtain Supervisor Certification from POST within one year of appointment. (d) Must successfully pass a testing process. (e) Note: Must be free from disciplinary review within the last 12 months. 2. Recommended Qualifications (a) Associates of Arts Degree in Criminal Justice, Public Administration, Business Administration, Social Services, Science, Technology, or a closely related Field. (b) Minimum three years experiences as a Meridian Police Department Corporal. (i) Corporal 1. Minimum Requirements (a) Possess or obtain a P.O.S.T. Basic Certificate. (b) Minimum three years as a sworn Police Officer with the Meridian Police Department. (c) Valid Idaho State Driver's License. Promotional and Transfer - 389 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Promotional and Transfer (d) Must successfully pass a testing process. (e) Note: Must be free from disciplinary review within the last 12 months. (j) Non -Sworn Supervisor Positions 1. Shall have three years of continuous experience in a similar field. 2. Note: Must be free from disciplinary review within the last 12 months. (k) Note 1. Canine handlers cannot hold rank while handling a drug or patrol canine. Those currently holding rank and handling a canine will be grandfathered. 2. SWAT operators cannot hold the rank of sergeant unless they are the designated SWAT Sergeant. 3. Any officer in the position of FTO cannot handle a canine. 4. Any officer wanting to be on SWAT and handle a canine will need prior approval before testing. 1004.5 SPECIAL ASSIGNMENTS (a) Criminal Investigation Division: 1. Shall have successfully completed their introductory period and possess basic, intermediate or advanced POST Certification. 2. Minimum three years as a sworn Police Officer with the Meridian Police Department. 3. Must be free from disciplinary review within the last 12 months. (b) Field Training Officer: 1. Shall have successfully completed their introductory period and possess basic, intermediate or advanced POST Certification. 2. Minimum three years as a sworn Police Officer with the Meridian Police Department. 3. Must be free from disciplinary review within the last 12 months. (c) SWAT, Hostage Negotiator: 1. Shall have successfully completed their introductory period and possess basic, intermediate or advanced POST Certification. 2. Minimum three years as a sworn Police Officer with the Meridian Police Department. 3. Must be free from disciplinary review within the last 12 months. 4. Must be able to pass PT test. (d) Traffic: 1. Shall have successfully completed their introductory period and possess basic, intermediate or advanced POST Certification. 2. Must have three years continuous Law Enforcement service. 3. Must be free from disciplinary review within the last 12 months. 4. Motor positions require STARS Certification. Promotional and Transfer - 390 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Promotional and Transfer (e) Canine Officer: 1. Shall have successfully completed their introductory period and possess basic, intermediate or advanced POST Certification. 2. Minimum three years as a sworn Police Officer with the Meridian Police Department. 3. Must be free from disciplinary review within the last 12 months. 4. Must be able to securely house canine at residence (Inspection required). 5. Must be able to pass PT test. 6. Note: Canine handlers cannot hold supervisor rank or that of an FTO while handling a canine. (f) Drug Recognition Expert: 1. Shall have successfully completed their introductory period and possess basic, intermediate or advanced POST Certification. 2. Must have three years continuous Law Enforcement service. 3. Must be fee from disciplinary review within the last 12 months. 4. Must meet all the requirements as published by POST and the Idaho State Police. (g) Department Instructors: 1. Shall have successfully completed their introductory period and possess basic, intermediate or advanced POST Certification. 2. Minimum three years as a sworn Police Officer with the Meridian Police Department. 3. Must be free from disciplinary review within the last 12 months. 4. Must have successfully completed Instructor Development Course. 5. Must remain proficient and attend on-going training and certification within their subject matter expertise, including yearly classroom/field instruction. 1004.6 INTERDEPARTMENTAL TRANSFERS Transferring of members (Corporal and above) within the department remains a managerial right and can be done at any time within the guidelines of due process by the Chief of Police when deemed a business necessity. Standing Restrictions: (a) Any member requesting a transfer must be free from disciplinary review, and must have an evaluation completed prior to selection. (b) Members should submit letters requesting a transfer through their chain of command to the Office of the Chief. 1004.6.1 OTHER TRANSFERS Employees may transfer from one job to another by means of promotion, demotion, or lateral movement within the same job class. Transfers may be voluntary or involuntary as outlined below. Promotional and Transfer - 391 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Promotional and Transfer Voluntary Transfer: Regular full-time or part-time, temporary, or seasonal employees are eligible to compete for announced City job vacancies, and if successful, transfer to the vacant position. Refer to the Compensation Policy for information about salary impact. Involuntary Transfer: Employees may be involuntarily transferred for any number of reasons which may include, but not be limited to: (a) Inability to perform the essential job functions of their position, with or without a reasonable accommodation, (b) To accommodate a need for intermittent leave under the Family Medical Leave Act (FMLA), (c) As a result of departmental or citywide reorganization, (d) As a temporary placement while under suspension from their primary duty, (e) To make use of employees' knowledge, skills or abilities in a manner that best meets the interests of the City. In these occasions, transfers may be made at the City's request to satisfy operational needs. (f) A transfer may also be offered during periods of job elimination to avoid termination. In this event, the refusal to accept a reasonable transfer at the City's request will be interpreted as a resignation. 1004.7 TEMPORARY PROMOTIONS AND ACTING ASSIGNMENTS A temporary promotion to a supervisory position must meet the following requirements to justify a temporary pay increase: (a) The assignment must be equal to or greater than one pay period cycle. (b) The pay increase will be equal to the entry level pay for the position that is temporarily being filled. (c) Information about the actual dates assigned must be communicated to the Office of the Chief for approval prior to the temporary assignment. In addition, Human Resources and Payroll must be notified of the change in assignment. Promotional and Transfer - 392 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Adverse Employment Action Appeal 1006.1 PURPOSE AND SCOPE To identify the City's process for employees to appeal decisions that involve adverse employment action (up to and including termination). Employees who become subject to adverse employment that includes suspension, demotion, disciplinary probation or termination are eligible to appeal such decisions as outlined within the following procedures. With respect to appeals decisions made by the Mayor shall be final. The Human Resources Director shall be responsible for interpreting this policy and for initial investigations that may take place as a result of the appeals process. The Mayor shall be responsible for final decisions regarding any appeals process. 1006.2 PROCEDURES AND RELATED INFORMATION All adverse employment up to and including termination of employment shall be taken in accordance with City policy as outlined in SOP 8.2. The supervisor shall document all relevant facts and determine appropriate adverse employment in consideration of the severity of the offense or performance problem, previous performance issues of a similar nature and the period of time between occurrences, overall work record, treatment of other employees under similar circumstances, and related considerations. For those cases where employees feel that adverse employment taken was improper or not commensurate with the circumstances, a grievance procedure has been established to hear and consider the employee's concerns. All City regular full-time or part-time employees, excluding appointed officials and introductory employees, who have been demoted, suspended, placed on disciplinary probation, or terminated shall have the right to appeal certain adverse employment decisions as outlined herein. 1006.3 GRIEVANCE PROCEDURES The following procedures shall apply for adverse employment appeals. It is recommended for all stages of the appeals process that the supervisor involved utilize Human Resources for direction and guidance: (a) When an employee disagrees with adverse employment that includes demotion, suspension, disciplinary probation, or termination, he/she will have three working days from the date of the occurrence to make an appeal to his/her immediate supervisor. The employee should first attempt to informally resolve the issue with his/her immediate supervisor. When normal communications between an employee and the supervisor are not possible or successful, the employee may proceed to the next step in the process. (b) The employee must submit his/her written appeal to the department head within 10 working days of the event leading to the appeal. The aggrieved employee shall meet with the department head within three working days of receipt of the written appeal to discuss the adverse employment action. The department head shall issue a decision to the employee within five working days following the meeting. Every effort shall be made by the employee and the department head to resolve the grievance at this level. If resolution is reached at this step, the grievance is considered complete Adverse Employment Action Appeal - 393 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Adverse Employment Action Appeal and documentation of the resolved grievance will be filed with the Human Resources Director. If the grievance is unresolved, the employee may proceed to the next step in the process. (c) After receiving the department head's decision, the employee shall present his/her appeal in writing within five working days to the Human Resources Director, who shall make careful inquiry into the facts and circumstances of the complaint, or who may request an investigation or intervention by an outside (non -City employee) third party. The Human Resources Director, department head and the employee will meet within five working days to attempt to resolve the problem promptly and fairly. Once the investigation is complete, a written response will be issued to the department head and employee within five working days, and kept on file by the Human Resources Director. A recommendation by the Human Resources Director shall be given to the Mayor. If the grievance is unresolved, the employee may proceed to the final step in the process. (d) If the grievance is unresolved the employee shall send a written appeal letter to the Mayor within 10 working days requesting a meeting. The appeal must specify the reasons why the employee disagrees with the decision. The Mayor will then schedule a meeting with the employee to hear the appeal. A decision by the Mayor will be issued in writing to the employee within 10 working days and forwarded to the Human Resources Director. The decision by the Mayor shall be final. (e) Time frames set forth in this policy may be extended upon mutual consent of the parties. 1006.4 CONFIDENTIALITY Any employee who uses the appeal process will be expected to keep all matters private and confidential. City representatives will keep information concerning the issues as confidential as possible, consistent with objective investigations and fair resolution of the grievance. 1006.5 NON -RETALIATION Retaliation against an employee for using this appeal process or anyone cooperating in the appeal process is prohibited. The above procedures are not a promise or contract, expressed or implied, that will be followed in every instance. Adverse Employment Action Appeal - 394 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Use of the Fitness Facility in the Police Department 1007.1 PURPOSE AND SCOPE The City of Meridian encourages its employees to be fit and healthy. In an effort to support physical fitness the Meridian Police Department has provided a Fitness Facility within the police building to allow employees the opportunity to participate in physical activity. The use of the Fitness Facility and participation in physical activity is voluntary and is not mandated or required for the continuing employment of any employee unless specifically required by their job duties and assignment. Physical exercise and activity is not work related for the purpose of worker's compensation. Employees are encouraged to participate in active physical activity whenever feasible and, if necessary, with a physician's approval. The Fitness Facility is for police department employee use only. 1007.2 AUTHORITY $ RESPONSIBILITY An employee shall not utilize the workout room while on -duty, unless otherwise authorized by policy. Personnel not familiar with a piece of equipment should contact one of the department's certified fitness instructor's for familiarization instructions. A spotter is recommended while training with the free weights. All use of the Fitness Facility is voluntary and at the employee's own risk. Safety in using the Fitness Facility is of the utmost importance. Any fitness training equipment found to be broken or not working properly shall be reported immediately to the Administrative Sergeant utilizing the case management system. Use of the Fitness Facility in the Police Department - 395 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Military Leave 1009.1 PURPOSE AND SCOPE To outline the City's policy on providing employees the opportunity to serve in the Reserve Forces or the National Guard. Employees who are active in the National Guard or branch of the Armed Forces Reserves for the purpose of filling their annual field training and obligations will be granted unpaid military leave of absence in accordance with applicable requirements of state and federal laws. See City of Meridian Policy 4.7 Military Leave - 396 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Reporting of Employee Convictions 1010.1 PURPOSE AND SCOPE Convictions of certain offenses may restrict or prohibit an employee's ability to properly perform official duties, therefore, all employees shall be required to promptly notify this department of any past and current criminal convictions. Employees charged with a misdemeanor or felony of any class must report the charge immediately to his/her department head or the Human Resources Director. Should the charge interfere with the employee's ability to perform his/her duties, create a conflict of interest, or compromise the best interests of the City, the employee may be subject to disciplinary action up to and including termination. Human Resources shall administer and interpret this policy. Supervisors who are informed of an employee's charges must report such information to the Human Resources Director immediately. 1010.2 DOMESTIC VIOLENCE CONVICTIONS AND RESTRAINING ORDERS Idaho and federal law prohibit individuals convicted of certain offenses and individuals subject to certain court orders from lawfully possessing a firearm. Such convictions and court orders often involve allegations of the use or attempted use of force or threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922, Idaho Code 18-3316). All members are responsible for ensuring that they have not been disqualified from possessing a firearm by any such conviction or court order and shall promptly report any such conviction or court order to a supervisor, as provided in this policy. 1010.3 REPORTING PROCEDURE Any City employee who is charged with a misdemeanor or felony must report the charge immediately to his/her supervisor or the Human Resources Director. Should the charge interfere with the employee's ability to perform his/her duties, create a conflict of interest, or compromise the best interest of the City, all of which will be determined solely by the department head, the Human Resources Director and the Mayor, the employee may be subject to disciplinary action up to and including termination. Failure to inform the City subjects the employee to disciplinary action up to and including termination. The employee may be suspended from work pending outcome of the legal process. If an employee is convicted of a crime, whether misdemeanor or felony, that impacts his/her ability to meet the essential functions of his/her position or that creates a conflict of interest or that compromises the best interests of the City, all of which will be determined solely by the department head, the Human Resources Director and the Mayor, the employee may be subject to disciplinary action up to and including termination. Reporting of Employee Convictions - 397 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Workplace Violence 1011.1 PURPOSE AND SCOPE To identify the City's policy prohibiting violence in the workplace by employees, supervisors, elected or appointed officials, and members of the public. The City prohibits the use of intimidation, threats or violent acts by or towards any City employee, on any City premise, and/or within any City vehicle. All such actual or potential incidents must be reported to the department head or another appropriate manager as outlined within the following procedures. See City of Meridian Policy 7.3 Workplace Violence - 398 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use 1012.1 PURPOSE AND SCOPE To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug -Free Workplace Policy is not intended to replace or supersede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. 1012.1.1 AUTHORITY & RESPONSIBILITY The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. 1012.2 GENERAL GUIDELINES The consumption of alcohol or other intoxicants is prohibited by on -duty personnel except as necessary in the performance of an official special assignment. Personnel who consume alcohol as part of a special assignment shall not do so to the extent of impairing on -duty performance. Members shall not consume intoxicating beverages while on duty or while wearing any part of the uniform which is identifiable as belonging to a member of the department. No member shall be on duty or appear for duty while under the influence of intoxicants to any degree whatsoever, or with an odor of intoxicants on his breath. Members, while off duty, shall refrain from consuming intoxicating beverages to the extent that it results in impairment, intoxication or obnoxious or offensive behavior which discredits the department or renders them unfit to report for their next regular tour of duty. Alcohol and Drug Use - 399 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use Members shall not store or bring into any police facility or vehicle alcoholic beverages, controlled substances, narcotics or hallucinogens except those that are held as evidence or for destruction and having been held as evidence by departmental policy. Packaged goods for temporary storage in lockers when the seals are unbroken, may be stored for a period of 48 hours, if properly stored. Any liquor brought onto departmental premises in the furtherance of any police task, (training), shall be properly identified and stored. Officers shall not possess a firearm on their person, on or off duty, when they are legally impaired by consumption of alcoholic beverages or prescription medications. 1012.3 SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to: (a) Carry firearms. (b) Have custodial responsibility for illegal drugs. (c) Perform emergency medical, lifesaving, and/or fire suppression activities. (d) Have supervision over children in the absence of their parents or adult guardians. (e) Have access to homes and/or businesses in the City. (f) Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. (g) Work in the water and wastewater systems and their operations. (h) Be required to maintain a Commercial Driver's License (CDL). (i) Operate heavy machinery. Human Resources shall maintain a list of every safety sensitive position that is covered by this policy. 1012.4 PROCEDURES AND RELATED INFORMATION PROHIBITED ACTIVITIES (a) On -Duty: 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. (b) Off -Duty: The off-duty conduct of any employee which results in an arrest or conviction, regardless of the form of the judgment, for Driving Under the Influence, Alcohol and Drug Use - 400 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use Possession of Alcohol by a Minor, Procuring Alcohol for Minors, or the possession, use, sale, manufacture or distribution of illegal drugs may be subject to discipline up to and including termination. 2. Any employee arrested or convicted, regardless of the form of the judgment, of violating a criminal offense identified in section 1 away from the workplace must inform the City of such arrest or conviction, regardless of the form of the judgment, within five days of the event. Notification must be made to the employee's supervisor or Human Resources. Failure to inform the City subjects the employee to disciplinary action up to and including termination. 3. Restrictions caused by the criminal conduct, i.e. driver's license restrictions; jail or work release; occupational license suspensions or revocations etc., may be subject to discipline up to and including termination. The City of Meridian is not required by this policy to adjust work schedules, job duties, or bona -fide job requirements due to the employee's restrictions due to their off duty conduct. 1012.5 MEDICATION PRESCRIBED BY PHYSICIAN (a) The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. (b) Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. 1012.6 DISCIPLINE (a) Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. (b) Any employee who is found to be in possession of or under the influence of alcohol in the workplace or during work hours in violation of this policy will be subjectto discipline up to and including termination. (c) Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. (d) Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced Alcohol and Drug Use - 401 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. (e) Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: Failure to contact the EAP within five working days after notification of a positive test result. Refusal or unexcused failure to participate in counseling or the EAP program. Abandonment of a treatment program prior to completion and being released. If the employee is not a part of the City's random pool for testing, after completion of the prescribed program, the employee shall be placed in the City Random Pool for testing for one year. 1012.7 EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. (a) Self -Referral: 1. Rehabilitation assistance in lieu of discharge may be offered 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self -refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non -paid leave of absence approved by the City. Alcohol and Drug Use - 402 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. (b) Involuntary Referral: When an employee tests positive for alcohol or drug use the first time (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. Subsequent failures may be considered cause for termination. 1012.8 EDUCATION (a) Supervisors and other management personnel will be informed of: 1. Overall City policy. 2. EAP intervention, procedures and supervisor's role. 3. Documentation of employee performance and behavior. (b) Employees will be informed of: 1. The health and safety dangers associated with alcohol and drug use. 2. The provisions of this policy through employee meetings and employee orientation. 1012.9 TESTING PROCEDURES Pre-employment Testing: (a) All applicants for safety sensitive positions shall be given a conditional offer of employment and will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. No application for employment may be accepted for the individual for one year following a positive test. (b) An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested, will be informed in writing of his or her right to refuse to undergo such testing, and will be informed that the consequence of refusal is termination of the pre-employment process. (c) An applicant will be provided written notice of this policy and by their signature will be required to acknowledge receipt and understanding of the policy. 1012.10 REASONABLE BELIEF TESTING (a) An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well-being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct -evidencing impairment observed over a period of time. Alcohol and Drug Use - 403 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use (b) An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. 1012.11 POST- ACCIDENT TESTING Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: (a) A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident. (b) Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $1,500.00. (c) Damage to a City vehicle that is estimated to exceed $1,500.00. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post -accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. 1012.11.1 POST -INCIDENT TESTING Any employee involved in a critical incident (officer -involved shooting etc.) will be asked by investigators from the Critical Incident Task Force (CITF) to voluntarily submit to a drug screen. As part of any Meridian Police Department Administrative Investigation involving a critical incident the employee will be compelled to submit to a drug screen as part of the investigation. 1012.12 RANDOM TESTING Employees in safety sensitive positions will be subject to random alcohol and drug testing. (a) Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion, employees may be transported or escorted to the testing site. (b) The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. Alcohol and Drug Use - 404 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use (c) In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. 1012.13 VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated safety sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. 1012.14 CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post -accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. 1012.15 DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES (a) Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath -testing device (EBT). If an individual is unable to take a breath -test due to a medical condition then a blood test will be administered. (b) Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. (c) Testing and Confirmation Alcohol and Drug Use - 405 2012/10/15 0 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use The cut-off levels for all Non -Dot testing is as follows: (a) Drug Class Screening Confirmation 1. Amphetamine Family 1000 ng/ml 500 ri 2. Cocaine 300 ng/ml 150 ng/ml 3. Phencyclidine (PCP) 25 ri 25 ri 4. Marijuana 50 ng/ml 15 ri 5. Opiates 2000 ng/ml 26 ri 2. The cut-off for alcohol concentration will be on two levels. Any employee, who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any loss of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. ifly, FA[-� 11*311a0*1_11ya:[all 111it[gcti11[•]: (a) All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. (b) Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will Alcohol and Drug Use - 406 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. 1012.17 REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. 1012.18 EFFECT OF TESTING POSITIVE (a) Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. (b) Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). 1012.19 CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. 1012.20 CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. 1012.21 DEFINITIONS Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. Applicant: Any individual tentatively selected for employment with the City. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. Alcohol and Drug Use - 407 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Alcohol and Drug Use Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. Employee Assistance Program (EAP): A contract -based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. Legal drug: means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. Alcohol and Drug Use - 408 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Death of Law Enforcement Officer & Death of Non -Sworn Employee 1013.1 PURPOSE AND SCOPE To prepare the agency for the event of an active duty officers' death in the line of duty, active off-duty death, non -sworn employee illness, accident or off-duty death and to direct the agency in providing proper support forthe deceased officers' family honoring theirdeath, and planning and participating in their funeral. It shall be the policy of this agency to provide liaison assistance to the immediate survivors of an active duty officer who dies in the line of duty and to provide tangible and emotional support during this traumatic period of readjustment for the surviving members of the family. This agency shall also provide additional services to honor their death and plan/participate in funeral ceremonies. In addition, the Chief of Police will determine the level of support and participation of an off-duty death of a sworn officer as well as a non -sworn employee. 1013.2 DEFINITION Line of duty death: The death of an active duty officer by felonious or accidental means during the course of performing police functions while either on or off duty. Non -Sworn Employees: Any and all other employees who are employed by the city of Meridian and work within the Meridian Police Department. Survivors: Immediate family members of the deceased officer to include spouse, children, parents, siblings, fiancee and/or significant others. 1013.3 CIVILIAN EMPLOYEE -ILLNESS, ACCIDENT OR OFF DUTY INCIDENT The Chief will determine the level of support and participation based upon how long the civilian was employed by the Meridian Police Department, how long he/she had been retired (if applicable), and the location of the funeral. If the funeral is within the local area and if desired by the family, the Department should provide motor escorts, pall bearers, and pipers at a minimum, but not the flag, Honor Guard, taps, or a rifle salute (these are reserved for sworn officers). If the civilian is a qualifying veteran, these honors may be provided as part of a military service provided by the veteran's branch of service or Veterans of Foreign Wars. If the funeral is not within the local commuting area, the Department should send flowers and condolences at a minimum. 1013.4 CIVILIAN EMPLOYEE ON -DUTY DEATHS The Department will appoint a Family Liaison and will provide direct support to the immediate family. Victim/Witness Coordinators will assist in coordination of meeting family needs, such as meals and other services. This support will continue until the family no longer needs it or it is terminated by the Chief. The Department will take actions necessary to provide for the safety and security of the family. The Department will designate employees, under the direction of the Chief of Police, to directly participate in the planning, coordination, and implementation of all aspects of the funeral, processions, grave -site ceremonies, and any other related event. Death of Law Enforcement Officer & Death of Non -Sworn Employee - 409 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Death of Law Enforcement Officer & Death of Non -Sworn Employee 1013.5 Death Notification: The following procedures shall be followed in cases of line -of -duty deaths, in cases of critically injured officers with a poor prognosis for survival and sworn officer off-duty deaths. These procedures shall be followed whenever possible with the understanding that the wishes of the family take precedence over the desires of the department. Officers providing services and assistance to family members and survivors shall take all possible measures to accommodate the family needs, wishes and desires, but should not make promises to family members that they are not certain can be met. (a) The name of the deceased officer shall not be released to the media or other parties before the immediate survivors living in the area are notified. (b) The Chief of Police or watch commander will designate an officer to inform the immediate family of the officers' condition or death. If not immediately available, the senior ranking officer will make the contact. (c) Notification of the immediate family should be made as soon as possible and, if possible, coincidental with command notifications. (d) Notification of survivors in the immediate area shall be made in person and, whenever appropriate with another person, such as a minister. If there is any concern for the health of any immediate survivor's emergency medical services personnel shall be requested to stand-by. (e) If the opportunity to get the family to the hospital exists, prior to the officers' death, notification officers shall inform the hospital liaison officer that the family is on the way. In such cases, immediate transportation should be provided for survivors rather than waiting for any other member of the department to arrive. If the officer has already died, notification should be made to the survivors in as forthright and empathetic a manner as is possible. (f) Communication of information concerning the officer and the incident shall, whenever possible, be restricted to the telephone to avoid interception by the media or others. Should the media obtain the officers' name prematurely, the ranking officer should contact the media and ask that the information be withheld pending proper notification of survivors. (g) The notification officer shall be responsible for identification of additional survivors outside the area and shall make any notifications as desired by the immediate family. Such notifications shall be made by contacting the law enforcement agency in that jurisdiction and requesting, from a commanding officer, that personal notification be made. (h) The notification officer shall submit a written report to the Chief of Police specifying the identity, time and place of survivor notification. He shall make a report of the names of departments asked to assist and the name of the command officer contacted. 1013.6 ASSISTING SURVIVORS AT THE HOSPITAL Whenever possible, the Chief of Police shall join the family at the hospital in order to emphasize the departments' support. The next highest ranking officer to arrive at the hospital shall serve as or designate a hospital liaison officer who shall be responsible for coordinating the arrival of immediate survivors, departmental personnel, the media and others and assume the following responsibilities. (a) Arrange for waiting facilities for immediate survivors and a press staging area. The desires of the surviving family members should be followed with regard to their accessibility to other officers, friends and the media. Death of Law Enforcement Officer & Death of Non -Sworn Employee - 410 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Death of Law Enforcement Officer & Death of Non -Sworn Employee (b) Ensure that medical personnel provide pertinent medical information of the officers' condition to the family, before any other parties are notified. (c) Assist family members, in accordance with their desires, in gaining access to the injured or deceased officer. (d) Provide hospital personnel with all necessary information on billing for medical services. The liaison officer should ensure that all medical bills are directed to the appropriate departmental authority and that they are not forwarded to the officers' family or other survivors. (e) Arrange transportation for the family and other survivors upon their departure from the hospital. (f) Ensure that immediate family members are provided with appropriate assistance while at the hospital. 1013.7 APPOINTMENT OF DEPARTMENT COORDINATION PERSONNEL The designated departmental officer shall begin serving in the following capacities, department liaison, funeral liaison, benefits coordinator and family support advocate. These assignments will be made in writing to departmental personnel and the surviving family members informed of the names of those so designated. In addition, the Chief of Police or his designee will: (a) Make additional personnel assignments to assist in handling incoming phone calls and inquiries and to direct the public to the appropriate personnel, (b) Ensure that the employee assistance program is implemented to assist surviving family members and emphasize the family rights to psychological services, and (c) Ensure that other officers are provided the opportunity to participate in critical incident stress debriefings. 1013.8 DEPARTMENT LIAISON The department liaison officer will service as a facilitator between the family and the department. This officer should normally be a command level officer to expedite the tasks of employing department resources and the delegation of other needed assignments of personnel. The duties of this position include, but may not be limited to the following: (a) Providing oversight of travel and lodging arrangements for out of town family members. (b) Identifying alternative churches and reception halls that will accommodate the law enforcement funeral. These alternatives will then be presented to the family, who will make the final decision. (c) Coordinating all official law enforcement notifications and arrangements to include the honor guard, traffic control and liaison with visiting law enforcement agencies. Arrangement for pallbearers shall be at the families' direction, if departmental assistance is requested. (d) Assisting family members in dealing with general media inquiries and informing them of limitation about what they can say to the media. (e) Providing liaison with the media to include coordination of any statements and press conferences. The departmental liaison shall also ensure that members of the department are aware of restrictions regarding release of any information that might undermine future legal proceedings. Death of Law Enforcement Officer & Death of Non -Sworn Employee - 411 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Death of Law Enforcement Officer & Death of Non -Sworn Employee (f) Ensuring that security checks of the survivor's residence are initiated immediately following the incident and maintained for as long as necessary thereafter. (g) Coordinate and provide Critical Incident Stress Management (CISM) counseling to any officers directly involved with the incident. This service may also be provided for other personnel upon approval by the Chief of Police and/or his designee. 1013.9 FUNERAL LIAISON The funeral liaison officer acts as facilitator between the decedent officers' family and the department during the funeral. The funeral liaison officer is responsible for: (a) Meeting with family members and explaining his responsibilities to them, (b) Being available to the family prior to and throughout the funeral, (c) Ensuring that the needs and wishes of the family come before those of the department, (d) Assisting the family in working with the funeral director regarding funeral arrangements, (e) Relaying any information to the family concerning the circumstances of the decedent officers' death and appropriate information regarding the investigation. (f) Determining the need for travel arrangements for out of town family members and any other special needs of the family during the funeral and reporting this information to the department liaison officers, and (g) Briefing the family members on the procedures involved in the law enforcement funeral. 1013.10 BENEFITS COORDINATOR The benefits coordinator is responsible for: (a) Filing workers' compensation claims and related paperwork, (b) Presenting information on all benefits, including Federal Benefits, available to the family, (c) Documenting inquiries and interest in public donations to the family and establishing a mechanism for receipt of such funds, as appropriate, (d) Preparing all documentation of benefits and payments due to survivors, (e) Filing all benefits paperwork and maintaining contact with the family in order to ensure that benefits are being received. A copy of benefits documentation should be provided to all survivors affected and it should be explained to them, (f) Advising the surviving family of the role of police associations and organizations and the nature of support programs that they sponsor for law enforcement line of duty death survivors. 1013.11 FAMILY SUPPORT ADVOCATE The family support advocate serves in a long-term liaison and support capacity for the surviving family. The duties of this member include: (a) Proving contact with the surviving family members in order to keep them abreast of any criminal proceedings relating to the death of the family member, (b) Accompanying surviving family members to criminal proceedings, explaining the nature of the proceedings and introducing them to prosecutors and other persons as required; Death of Law Enforcement Officer & Death of Non -Sworn Employee - 412 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Death of Law Enforcement Officer & Death of Non -Sworn Employee (c) Identifying all support services available to family members and working on their behalf to secure any services needed, (d) Maintaining routine contact with family members to provide companionship and emotional support and maintain an ongoing relationship between the department and the immediate family, and (e) Relaying the concerns and needs of the family to those individuals or organizations that may provide assistance, and encouraging others to visit and help the family as necessary. 1013.12 FUNERAL PROCEDURES (a) Benefits to Fallen Officers: 1. The Department will designate an Honor Guard and/or officer (Class A uniform) that will remain with the body at all times. 2. An officer mourning period will be announced and will extend from the time of death until 0001 hours of the day following the funeral. During this period officers will wear a black mourning band on their badges and civilians may wear a black ribbon or other similar insignia for a period of time to be determined by the Chief of Police or his designee. 3. Department Flags will be flown at half-staff for a period of time to be determined by the Chief of Police or his designee. (b) Uniforms: 1. All officers attending the funeral of a police officer will dress in Class A uniforms per departmental policy/standard. 2. Members of the Honor Guard and pallbearers will wear white gloves 3. A black mourning band will be worn on all badges. (c) Funeral Services: 1. Members who attend the funeral will report to a pre -designated area away from the place of service for inspection and briefing conducted by the Departmental or Funeral Liaison or his/her designee. 2. Upon entering the location of the funeral service, members will march in unison and to their designated seats. 3. Members will remain standing at attention until being given the command to "be seated." Once seated, members will maintain a military bearing throughout the service. 4. At the end of the service, members will be given the command 'All Rise" and all members will rise in unison and remain at attention until given further instruction. 5. Upon exiting the facility of the funeral service, members will march out of the facility. Once all members are out of the building, two lines will be formed facing each other leaving room for the casket/Urn and pallbearers to pass. All members will remain at parade rest. 6. When the casket/Urn comes into view, the two rows will be called to attention. The next command will be that of "Present Arms" (salute) and all members will maintain salute until the casket/Urn is in the hearse. At this time the command "Ready Front" will be given allowing members to return to attention. 7. After the doors of the hearse are closed, the following commands will be given to the two rows. Death of Law Enforcement Officer & Death of Non -Sworn Employee - 413 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Death of Law Enforcement Officer & Death of Non -Sworn Employee 8. First row (passenger side of hearse) will be given the command of "right face" and the second row (drivers' side of hearse) will be given the command of "left face." Once these is done the commander will then give the command of "dismiss" which will be the command for both rows to dismiss from their formation in a quiet and orderly manner. 9. Members will then fall into the motorcade to proceed to the cemetery if determined to the place of rest by deceased officers' family. (d) Graveside Services: 1. Members will report to the location and take their seats or remain in an orderly fashion at parade rest. 2. Immediately prior to the 21 gun salute and TAPS, the command of "Officers Rise" or "Attention" will be given and officer will face the firing team or bugler and follow command given. 3. Upon completion of the 21 gun salute and TAPS, the command "officers dismissed" will be given and all officers will return to their vehicle. (e) Honors Accorded: Any Meridian Police Officer who dies in the line of duty will be accorded full honors if requested by the survivors. This will include, casket/urn watch, honor guard, pallbearer(s), firing squad, TAPS, military flag fold and presentation and motor escort. 2. The lead Honor Guard or Supervisor is responsible for coordinating and directing the activities listed in previous section. (f) Casket/Urn Watch: 1. Casket/Urn watch is comprised of Honor Guard officers and or volunteers. Officers assigned to such watch must present and excellent uniform appearance (Class A) to include white gloves. 2. The watch will be divided into shifts with two officers standing 30 minutes at a time if a casket it present and one officer for an officer who has chosen to be cremated. 3. Officers will remain at parade rest at the head and foot of the casket. If the officer has chosen to be cremated, the officer on watch will stand behind the urn. 4. Upon being relieved, officers will return to attention and relieving officers will enter location and face officers on watch and salute those on watch who will then in turn salute back before being relieved. (g) Honor Guard: Members of the Honor Guard will assemble at a location near the service for inspection by the lead or supervising Honor Guard. Commands will be given by the lead or supervising Honor Guard. (h) Pall Bearers: If pallbearer(s) are requested by the family they will be selected by the family and/or the Honor Guard supervisor. Death of Law Enforcement Officer & Death of Non -Sworn Employee - 414 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Sick Leave Reporting 1014.1 PURPOSE AND SCOPE To outline sick leave benefits for employees. All eligible employees will accrue sick leave benefits as set forth in this policy. See City of Meridian Policy 4.3 1014.2 AUTHORITY & RESPONSIBILITY Supervisors and department heads shall be responsible to ensure the appropriate administration of this policy so as to prevent abuse of sick leave. 1014.3 PROCEDURES AND RELATED INFORMATION Sick Leave Accrual: (a) Sick leave benefits are designed to provide income protection for employees in the event of illness, injury or disability. Sick leave benefits are provided to regular full-time employees at the rate of eight hours per month, hours may accumulate up to 90 days or 720 hours, and then sick accruals will cease until hours have been taken. (b) Sick leave accrues from the start of employment based on anniversary date. An employee is eligible to use sick leave after one month of employment. (c) Sick leave hours accrued for a particular month cannot be used in advance, or during the month they are to be earned. 1014.4 ALLOWABLE USES OF SICK LEAVE Accrued sick leave hours may be used for: (a) Personal illness (including maternity related or medical disability). (b) Personal injury. (c) Illness or quarantine of employee's immediate family necessitating the employee's absence from work. (Immediate family is defined as any relative who resides with the employee and who depends upon the employee for regular care). (d) Personal or medical related appointments, including annual wellness exams, counseling, dental check-up, etc. (e) Provisions under the Family and Medical Leave Act of 1993 that provide leave to certain employees who qualify. Employees should contact the Human Resources office for further details. 1014.4.1 ABUSE OF SICK LEAVE Sick leave may be used as allowed in this policy, but for no other purpose. Any abuse of the sick leave benefit shall result in disciplinary action up to and including termination. 1014.5 NOTIFICATION REQUIREMENTS (a) Paid sick leave of three consecutive days or more will not be approved without submission of a doctor's certificate stating the employee is unable to perform his/her Sick Leave Reporting - 415 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Sick Leave Reporting duties. An employee may be required to provide a doctor's certificate prior to the use of three consecutive days of sick leave to ensure compliance with the provisions of this policy and the Family Medical Leave Act. (b) Members who are unable to report for work due to illness or injury must report that fact to a supervisor. This report shall be made at least five hours prior to the beginning of the members shift. The member shall speak with a supervisor personally and shall not make said report via voice mail, calling into the Ada County Dispatch, leaving a message, text or by e-mail. During the hours of normal operation the member may notify a member in the records division of their inability to report for duty if a supervisor is not available. 1014.6 OTHER LEAVE PROVISIONS (a) An employee who is on medical, FMLA, workers compensation or unpaid personal leave will not accrue any sick leave benefits while on leave. At the time of separation of employment with the City, all accrued sick leave shall be forfeited and shall not be paid. Such forfeited sick leave shall not be reinstated upon an individual who may be rehired by the City, except for layoffs. (b) Seasonal, part-time and/or temporary employees are not eligible for sick leave benefits. Sick Leave Reporting - 416 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Post Trauma Response 1015.1 PURPOSE AND SCOPE To establish policy for post -trauma response and peer support to officers involved in Critical Incidents. 1015.2 PROCEDURE Following the use of Deadly Force by or against an employee or employees of the Department which results in injury or death of another person or employee, the employee who are directly involved as principals will be placed on Administrative Leave with pay for a period of three working days. An extension of this period shall be at the discretion of the Chief of Police or his/her designee. Involved employees placed on leave shall be required to undergo an initial consultation with a psychologist or psychiatrist within 72 hours of the Critical Incident, when practical. The Department's Administration shall provide at Department cost a qualified person who has had training in post -trauma disorders. The involved employee's immediate supervisor and department administration will be advised only that the consultation has occurred, and that the officer is fit to return to normal duties. The confidentiality of privileged communication between licensed counselor and patient will apply. Division Commanders may utilize Administrative Leave, psychological consultation and/or a modified duty assignment upon approval by the Chief of Police or his designee when, in the Division Commanders judgment, an employee has a need for the assignment following any traumatic incident. A traumatic incident is a sudden or unexpected experience, outside the normal human experience, that might be expected to produce a response that interferes with one's ability to cope with one's feelings, emotions or ability to perform job-related duties. Involved officers given Administrative Leave are released to pursue personal business but must remain available during assigned duty hours for investigative or administrative purposes. Involved officers may not discuss details of the incident with anyone except clergyman, their spouse, psychologist and/or legal counsel of their choice prior to initial investigative interview. 1015.3 DEFINITIONS Assigned Escort: An officer not involved with the current Critical Incident who is assigned to remain with the involved officer and whose purpose is to provide emotional support and assist with the involved officer's needs. It is important for escorts to remember that conversations with involved officer are not protected by the privileged conversation requirements of the law. Post Trauma Response - 417 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Communicable Diseases 1016.1 PURPOSE AND SCOPE This policy is intended to provide guidelines for personnel to assist in minimizing the risk of contracting and/or spreading communicable diseases and to minimize the incidence of illness and injury. The policy will offer direction in achieving the following goals (Idaho General Safety and Health Standards (IGSHS) 330.03): (a) To manage the risks associated with bloodborne pathogens (BBP), aerosol transmittable diseases, and other potentially infectious substances. (b) To assist personnel in making decisions concerning the selection, use, maintenance, limitations, storage, and disposal of personal protective equipment (PPE). (c) To protect the privacy rights of all personnel who may be exposed to or contract a communicable disease during the course of their duties. (d) To provide appropriate treatment and counseling should an employee be exposed to a communicable disease. 1016.1.1 DEFINITIONS The following definitions shall apply to this section Communicable disease - A disease that may be transmitted from one person or an animal to another person, either by direct contact or through an intermediate host, vector, inanimate object or other means, which may result in infection, illness, disability or death (IDAPA 16.02.10.010). Significant exposure to blood or body fluids - Significant exposure is defined as a percutaneous injury, contact of mucous membrane or non -intact skin, or contact of intact skin when the duration of contact is prolonged or involves an extensive area, with blood, tissue or other body fluids (IDAPA 16.02.10.011). Source individual - Any individual, living or dead, whose blood or other potentially infectious materials may be a source of an exposure to an employee (IGSHS 330.02(v)). 1016.2 PROCEDURES FOR CONTACT WITH BLOOD OR BODY FLUIDS All personnel who may be involved in providing emergency medical care, or who come in contact with another person's blood or body fluids (e.g., during an altercation or while attending to any injured person), shall follow these procedures and guidelines (IGSHS 330.04(a)). 1016.2.1 UNIVERSAL PRECAUTIONS All human blood and body fluids such as saliva, urine, semen, and vaginal secretions are to be treated as if they are known to be infectious. Where it is not possible to distinguish between body fluid types, all body fluids are to be assumed potentially infectious (IGSHS 330.03(b)). Communicable Diseases - 418 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Communicable Diseases 1016.2.2 PERSONAL PROTECTIVE EQUIPMENT Personal protective equipment is the last line of defense against communicable disease. Therefore, the following equipment is provided for all personnel to assist in the protection against such exposures (IGSHS 330.06): (a) Not less than two pair disposable latex gloves (Keeping a box in the car recommended) (b) Safety glasses or goggles (c) Rescue mask with a one-way valve (d) Alcohol (or similar substance) to flush skin at emergency site. Several alcohol hand wipes should be kept in the car. The protective equipment is to be kept in each police vehicle, inspected at the start of each shift and replaced immediately upon returning to the station if used or damaged during the shift, or as otherwise needed. 1016.2.3 IMMUNIZATIONS All personnel who, in the line of duty, may be exposed to or have contact with a communicable disease shall be offered immunization for Hepatitis B (HBV) (IGSHS 330.11). 1016.2.4 WORK PRACTICES All personnel shall use the appropriate barrier precautions to prevent skin and mucous membrane exposure whenever contact with blood or body fluid is anticipated. Disposable gloves shall be worn on all medical emergency responses. Disposable gloves shall be worn before making physical contact with any patient and/or when handling items (e.g., evidence, transportation vehicle) soiled with blood or other body fluids. Should one's disposable gloves become contaminated with blood or other body fluids, the gloves shall be disposed of as contaminated waste. Care should be taken to avoid touching other items (e.g., pens, books, and personal items in general) while wearing the disposable gloves in a potentially contaminated environment (IGSHS 330.06). All procedures involving blood or other potentially infectious materials shall be done in a way to minimize splashing, spraying, or otherwise generating droplets of those materials. Eating, drinking, smoking, applying lip balm, and handling contact lenses shall be prohibited in areas where a potential for an exposure exists. Food and drink shall not be kept in refrigerators, freezers, shelves, cabinets, or on counter -tops or bench -tops where blood or other potentially infectious materials are present (IGSHS 330.03). 1016.3 DISPOSAL AND DECONTAMINATION The following procedures will apply to the disposal and decontamination after responding to an event that involved contact with a person's blood or body fluids: 1016.3.1 USE OF WASTE CONTAINERS Officers shall dispose of biohazard with the on -scene fire response vehicle, or at the attending clinic/hospital with their approval, or in an appropriately marked biohazard waste container at the station immediately upon arrival. Communicable Diseases - 419 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Communicable Diseases The biohazard waste container located at the station shall be closable and constructed to contain all contents and prevent leakage of fluids during handling, storage or transport. It will be red or appropriately labeled with a biohazard warning and closed prior to removal to prevent spillage or protrusion of the contents during handling, storage, transport or shipping (IGSHS 330.08(e)). 1016.3.2 DECONTAMINATION OF SKIN AND MUCOUS MEMBRANES Personnel shall wash their hands immediately (on -scene if possible), oras soon as possible following the removal of potentially contaminated gloves. Antibacterial soap and warm water or an approved disinfectant shall be used to wash one's hands, paying particular attention to the fingernails. If an employee's intact skin contacts someone else's blood or bodily fluids or other potentially infectious materials, the employee shall immediately wash the exposed part of his/her body with soap and warm water and/or an approved disinfectant, as soon as possible. If the skin becomes grossly contaminated, body washing shall be followed by an approved hospital strength disinfectant. If large areas of the employee's skin are contaminated, the employee shall shower as soon as possible, using warm water and soap and/or an approved disinfectant. Medical treatment should be obtained. Contaminated non -intact skin (e.g., injured skin, open wound) shall be cleaned using an approved disinfectant and then dressed or bandaged as required. Medical treatment is required. All hand, skin, and mucous membrane washing that takes place in the station shall be done in the designated cleaning or decontamination area. Cleaning shall not be done in the kitchen, bathrooms, or other locations not designated as the cleaning or decontamination area (IGSHS 330.03). 1016.3.3 SHARPS AND ITEMS THAT CUT OR PUNCTURE All personnel shall avoid using or holding sharps (needles) unless needed to do so while assisting a paramedic, or collecting them for evidence. Unless required for evidentiary reasons related to evidence preservation, employees are not to recap sharps. If recapping is necessary, a one -handed method shall be employed to avoid a finger prick. Disposal, when practicable, shall be into a puncture proof biohazard container. All sharps and items that cut or puncture (e.g., broken glass, razors, and knives) shall be treated cautiously to avoid cutting, stabbing, or puncturing one's self or any other person. In addition, if a sharp object contains known or suspected blood or other bodily fluids, that item is to be treated as a contaminated item. If the item is not evidence, touching it with the hands shall be avoided. Rather, use a device such as tongs, or a broom and a dustpan to cleanup debris. If the material must be hand held, protective gloves must be worn (IGSHS 330.05). 1016.3.4 DISPOSABLE PROTECTIVE EQUIPMENT Contaminated disposable supplies (gloves, dressings, CPR mask) shall be transported with the patient or suspect in the ambulance or police vehicle. The waste material shall then be disposed of in a biohazard waste container at the hospital or police station. Disposable gloves are to be worn while placing the waste into the waste biohazard container, placing the gloves in with the waste when through (IGSHS 330.06(h)). Communicable Diseases - 420 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Communicable Diseases 1016.3.5 DECONTAMINATION OF PERSONAL PROTECTIVE EQUIPMENT After using any reusable personal protective equipment, it shall be washed or disinfected and stored appropriately. If the personal protective equipment is non -reusable (e.g., disposable gloves), it shall be discarded in a biohazard waste container as described in this policy. Any personal protective equipment that becomes punctured, torn, or loses its integrity, shall be removed as soon as feasible. The employee shall wash up and replace the personal protective equipment if the job has not been terminated. If this situation resulted in a contaminated non -intact skin event, this policy shall be implemented. Contaminated reusable personal protective equipment that must be transported prior to cleaning it shall be placed into a biohazard waste bag and transported in the ambulance, paramedic truck or police vehicle. Gloves shall be worn while handling the biohazard waste bag and during placement into the biohazard waste container, and then included in with the waste. 1016.3.6 DECONTAMINATION OF NON -DISPOSABLE EQUIPMENT Contaminated non -disposable equipment (e.g., flashlight, gun, baton, clothing, portable radio) shall be decontaminated as soon as reasonably practicable. If it is to be transported, it shall be done by first placing it into a biohazard waste bag. Grossly contaminated non -disposable equipment items shall be transported to a hospital, fire station, or police station for proper cleaning and disinfecting. Porous surfaces such as nylon bags and straps shall be brushed and scrubbed with a detergent and hot water, laundered and allowed to dry. Non -porous surfaces (e.g., plastic or metal) shall be brushed and scrubbed with detergent and hot water, sprayed with a bleach solution, rinsed, and allowed to dry. Delicate equipment (e.g., radios) should be brushed and scrubbed very carefully using a minimal amount of a type of germicide that is approved by Environmental Protection Agency (EPA). While cleaning equipment, pay close attention to handles, controls, portable radios, and corners (tight spots). Equipment cleaning shall not be done in the kitchen, bathrooms, or other areas not designated as the cleaning/decontamination area. Contaminated equipment should be cleaned using an approved EPA germicide or a 1:100 solution of chlorine bleach (one -quarter -cup of bleach per one gallon of water) while wearing disposable gloves and goggles. Large particles of contaminants such as, vomit, feces, blood clots, etc. should first be removed (using a disposable towel or other means to prevent direct contact) and properly disposed of. 1016.3.7 DECONTAMINATION OF CLOTHING Employees having contact with contaminated laundry shall wear protective gloves and other appropriate personal protective equipment. Contaminated clothing such as uniforms and undergarments shall, whenever feasible, be removed and bagged at the location where it was used. If the clothing may be washed in soap and hot water, do so as soon as possible. Rinsing or sorting of contaminated clothing shall take place at a location other than where the clothing became contaminated. If the clothing must be dry cleaned the officer will secure a dry cleaner that is capable of cleaning contaminated clothing, and inform them of the potential contamination. This dry cleaning will be done at the department's expense (IGSHS 330.09). Communicable Diseases - 421 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Communicable Diseases Contaminated leather boots shall be brushed and scrubbed with detergent and hot water. If the contaminant soaked through the boot, the boot shall be discarded. 1016.3.8 DECONTAMINATION OF VEHICLES Contaminated vehicles and components such as the seats, radios, and doors shall be washed with soap and warm water and disinfected with an approved germicide as soon as feasible. 1016.3.9 DECONTAMINATION OF STATION AND CLEANING AREA A supervisor shall designate a location at the station that will serve as the area for cleaning/decontamination. This area is to be used to keep equipment clean and sanitary and for the employees to wash any potential contamination from their bodies. This area is to be thoroughly cleaned after each use and to be maintained in a clean and sanitary order at all times between each use. The application of cosmetics, smoking cigarettes and consuming food and drink are prohibited in this designated area at all times. 1016.4 POST -EXPOSURE REPORTING AND FOLLOW-UP REQUIREMENTS In actual or suspected exposure incidents, proper documentation and follow-up action must occur to limit potential liabilities, ensure the best protection, and care for the employee(s). 1016.4.1 EMPLOYEE RESPONSIBILITY TO REPORT EXPOSURE To provide appropriate and timely treatment should significant exposure occur, all employees shall verbally report the exposure to their immediate supervisor and complete an Injury Report Form. If appropriate, the employee shall complete and submit timely notice and a claim for workers' compensation to his/her immediate supervisor. Any law enforcement officer or department employee who willfully falsifies a police report or any record kept as a part of the official government record, including but not limited to, a false request for HIV testing, may be subject to discipline as well as felony criminal sanctions 1016.4.2 SUPERVISOR REQUIREMENTS The supervisor on duty shall investigate every exposure that occurs as soon as reasonably practicable following the incident and will gather the following information: (a) Names of the employee exposed. (b) Date and time of the incident. (c) Location of the incident. (d) Potential infectious materials involved. (e) Source - whether it was a contaminated material or a person. (f) Current location of material or person. (g) Work being done during exposure. (h) How the incident occurred or was caused. (i) Personal protective equipment in use at the time of the incident. (j) Actions taken post -event (clean-up, notifications). (k) Whether the employee desires that the exposure source tested. Communicable Diseases - 422 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Communicable Diseases The supervisor shall use the above information to prepare a written summary of the incident and its causes, as well as recommendations for avoiding similar events. The supervisor shall advise the employee of the laws and regulations concerning disclosure of the identity and infectious status of a source, and of this policy, which addresses source testing. 1016.4.3 MEDICAL CONSULTATION, EVALUATION, AND TREATMENT Any employee who was exposed or who suspects he/she was exposed to any body fluids should be seen by a physician (or qualified health care provider) as soon as possible. The doctor (or qualified health care provider) should review the supervisor's report, the employee's medical records relevant to the visit and examination, and the employee's Injury Report Form. The blood of the exposed employee shall be tested (IGSHS 330.12). The health care professional shall provide the Chief of Police or his designee, Human Resources and City Legal Adviser a written opinion/evaluation of the exposed employee's situation. This opinion shall only contain the following information: (a) If a post -exposure treatment is indicated for the employee. (b) If the employee received a post -exposure treatment. (c) Confirmation that the employee received the evaluation results. (d) Confirmation that the employee was informed of any medical condition resulting from the exposure incident and whether it will require further treatment or evaluation. (e) Whether communicable disease testing from the source is warranted, and if so, what diseases should be included. All other findings or diagnosis shall remain confidential and are not to be included in the written report. 1016.4.4 COUNSELING The department shall provide the exposed employee (and his/her family if necessary) the opportunity for professional counseling and consultation. 1016.5 SOURCE TESTING Testing for communicable diseases of a person who was the source of an exposure should be sought when appropriate. Proper testing and reporting shall occur, whether the exposure source is contaminated material, an accident victim, an arrested subject or other sources. There are four methods to obtain such testing. These methods are: (a) Consent - Involves obtaining voluntary consent from any person who may be the source of an exposure and testing for any communicable disease for which consent is given. (b) Idaho Code 39-604 - Only applies to persons charged with a crime. Any employee/person who believes he/she has been exposed to the body fluid of any person charged with a crime in which the body fluid has likely been transmitted to such employee/person, may obtain the test results from the court regarding the arrested person's tests for HIV antibodies or antigens, for hepatitis C virus and for hepatitis B virus. (c) Court order - Involves those instances when any person who may be the source of an exposure will not consent to testing and the exposure may not fall under the Communicable Diseases - 423 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Communicable Diseases statutory schemes for testing. This covers testing for any communicable disease deemed appropriate by a health care professional, as documented in the request for the court order. (d) Department of Health and Welfare order - The Department of Health and Welfare may issue an order to report for examination to the exposure source (IDAPA 16.02.10.065). 1016.5.1 CONSENT Upon notification of an employee's significant exposure, an on duty supervisor should attempt to determine if the person who was the source of the exposure will voluntarily consent to testing. If consent is indicated, the following steps should be taken: (a) A licensed health care provider should notify the person to be tested of the exposure and make a good faith effort to obtain voluntary informed consent from the person or his/her authorized legal representative to perform a test for HIV, hepatitis B, hepatitis C and other communicable diseases the health care provider deems appropriate. (b) The voluntary informed consent obtained by the health care provider must be in writing and include consent for three specimens of blood for testing. If consent is not obtained, the supervisor should utilize one of the other methods for obtaining testing. Communicable Diseases - 424 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Early Intervention System 1017.1 PURPOSE AND SCOPE It is the intent of the Personnel Early Intervention System (EIS) to provide the administration of the Meridian Police Department with the opportunity to intervene quickly when potential personnel problems are observed and documented. It is designed to note patterns of conduct and behavior that might indicate the need for departmental or professional intervention into an employees' work performance. The Meridian Police Department in keeping with community demands for professional police services, has established the Early Intervention System (EIS). 1017.2 PROCEDURE Reporting: the following types of performance indicators, reports and complaints are to be documented by supervisors and provided to the appropriate Division Commander, who will provide the report to the Chief of Police or his designee, who will keep a current list of such reporting: (a) Unsatisfactory performance evaluations (b) Disciplinary actions, both verbal and written (c) Use of Force Incidents when found excessive or re -occurring (d) Pursuit Incidents found outside of policy or re -occurring (e) Internal Affairs Investigations (f) Workman Compensations Claims (g) At fault traffic accidents (h) Any pattern identified that indicates unacceptable behavior or performance, both on and off the job (i) Domestic Violence reports (j) Excessive use of sick time/personal leave (k) Frequency of citizen complaints (1) Claims and civil suits related to the employee's actions or alleged action (m) Missed court appearances (n) Accidental firearm discharges (o) Frequency and reasons for prosecutor case rejections (p) Accidental canine bit incidents (q) On Performance Improvement Plans (PIP). 1017.2.1 THRESHOLDS Employees, who have had multiple allegations made against them as described above, will be tracked on an escalating pattern list, to be maintained by the Chief of Police or his designee. Following is a list of the criteria for being on the Special Projects Office escalating pattern list: (a) Two or more Internal investigations within a 12 -month period. Early Intervention System - 425 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Early Intervention System (b) Three or more sustained allegations against an employee within a 12 month period. (c) Less than satisfactory on overall performance appraisal and/or unacceptable patterned behavior (on- or off-duty) for which an improvement plan has been developed. (d) Any single event of reported domestic violence. (e) Any combination of four or more incidents with direct involvements in use of force, pursuits, workman's comp claims, vehicle collisions, internal affairs investigations, or patterned unacceptable behavior within a 12 -month period. (f) At the discretion of the Chief of Police or his designee. 1017.2.2 NOTIFICATION When an employee has been placed on the escalating pattern list through the EIS the Special Projects Office shall notify the Deputy Chief, in writing, about the allegations, to include the times and dates. 1017.2.3 FOLLOW-UP The Division Commander will notify the member's immediate supervisor of the allegations. That supervisor will then evaluate the circumstances, which lead to the employee being placed on the escalating pattern list. Actions or findings such as unfounded, supervisor consulting, remedial training recommendations and professional employee assistance should be considered on a case-by-case basis. In order to determine severity and/or level of involvement the supervisor will consult with the Special Projects Office. 1017.2.4 EMPLOYEE MEETING The supervisor handling the inquiry will schedule a meeting with the member identified by the EIS to review the indicators and the incidents. The discussion will be directed at coaching for performance improvement. A performance improvement or coaching plan and time -line will be completed with the input of the identified member. A copy of the improvement or coaching plan will be forwarded to the Division Commander along with a synopsis of the meeting with the identified member. The Division Commander will review the improvement or coaching plan. The Division commander may accept or remand the plan for revision. (a) An accepted plan will be routed to the Deputy Chief for review. The copy will be filed with the member's records in Special Projects Office. (b) A remanded plan will need to be revised as suggested or directed by the Division Commander. The supervisor will meet to discuss and review any revisions with the identified member before implementation of the plan. The revision must be signed by the identified member and supervisor. A copy of the revised plan will be route back to the Division Commander, who will then route it to the Deputy Chief. 1017.2.5 REMOVAL FROM EIS The member will be removed from the escalating list when he/she no longer meets the guidelines set forth above. Each allegation shall be removed from consideration under this policy 365 days after it was reported for consideration. The Chief of Police or his designee shall review the Special Projects Office Personnel Early Intervention System annually. Early Intervention System - 426 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual No Smoking 1018.1 PURPOSE AND SCOPE To set forth the City's policy regarding no smoking in City buildings, certain designated areas, and within City vehicles. The Surgeon General has determined that second-hand smoke is hazardous to health. Tobacco products may also be offensive to employees and the public. The City prohibits smoking at all times in all City buildings and their doorways (away from entries and operable windows), the campus of the Meridian Police Department, the campus of City Hall including its surrounding grounds and amphitheater, and all City vehicles. Smoking shall only be allowed in designated areas outside of City buildings or within City Parks (except in areas designated "No Smoking" or "Smoke Free"). This policy shall apply to all employees and members of the public when using City buildings or facilities. See City of Meridian Policy 7.2 No Smoking - 427 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vacation 1019.1 PURPOSE AND SCOPE To define the City's vacation program and eligibility requirements. Eligible City employees with the exception of bargaining unit employees, shall accrue paid time off according to the schedule outlined within this policy based on tenure with the organization. Employees may use accrued time off as per this policy at their discretion with appropriate authorization as outlined herein. 1019.2 AUTHORITY & RESPONSIBILITY Employees shall make appropriate requests for use of paid vacation from their supervisors. Supervisors shall ensure appropriate coverage for the employee's absence and authorize paid vacation as appropriate so as to meet the needs of City operations. 1019.3 ACCRUAL RATES The City provides paid vacation leave as one of the many ways in which it shows its appreciation for employee's loyalty and service. City employees accrue vacation leave in advance of when they are eligible to use it. Vacation cannot be used before it accrues. Vacation hours accrued for a particular month cannot be used by an employee in advance, or during the month they are earned. Vacation accrues from the start of employment based on anniversary date. Accrued vacation hours may be carried over from one calendar year to the next up to a two year cap from the employee's maximum annual accrual limit. Any excess over the two year cap will cease to accrue until hours have been taken. 1019.4 ELIGIBILITY Regular Full -Time Employees: Regular full-time employees are not eligible for vacation benefits until after six months of employment. Law Enforcement: Police have a one year introductory period and may not take vacation during the first year of employment. Temporary, Seasonal and Part -Time Employees: Seasonal, temporary and part-time employees are not eligible for vacation leave benefits. 1019.5 VACATION LEAVE APPROVAL Approval forvacation leave must be pre -approved (except forthose provisions under FMLA) by the employee's supervisor/department head so scheduling of work can be accomplished. 1019.6 OTHER LEAVE PROVISIONS (a) An employee who is on medical, FMLA, workers compensation or unpaid personal leave will not accrue vacation hours while on leave. (b) Employees who leave the City's employment are paid all vacation leave accrued up to the time of separation. Vacation - 428 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Vacation (c) Credit for previous years of service will not be given to rehires. Accrual rates for rehires will start over. Those individuals on layoff status will be given credit for prior years of service. Vacation - 429 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints 1020.1 PURPOSE AND SCOPE This policy provides guidelines for reporting, investigation and disposition of complaints regarding service provided by this department and the conduct of employees. Except where otherwise provided, this policy shall apply to all members of this department who have attained regular status and are subject to discipline for cause. This policy is intended to be applied in accordance with the procedures, rights or status that may be contained in any policy established by the City Department of Human Resources. 1020.1.1 POLICY This department takes seriously all complaints regarding service provided by this department and the conduct of its employees. The Department will accept and address all complaints of employee misconduct in accordance with this policy and applicable federal, state and local law, municipal and county rules. It is also the policy of this department to ensure that the community we serve can report misconduct without concern for reprisal or retaliation. 1020.1.2 PERSONNEL COMPLAINTS DEFINED Personnel complaints consist of any allegation of misconduct or improper job performance against any employee of this department that, if true, would constitute a violation of the policy of the Meridian Police Department policy/procedure manual, City of Meridian policy, federal, state or local law, policy or rule. Allegations or complaints may be generated internally or by the public. Inquiries about employee conduct which, even if true, would not violate a department policy or a federal, state or local law, policy or rule may be handled informally by a department supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the department's response to specific incidents. Personnel complaints shall be classified in one of the following categories: Informal - A matter in which the employee's supervisor or Division Commander is satisfied that appropriate action has been taken by a supervisor of rank greater than the accused employee. Informal complaints need not be documented on a personnel complaint form and the responsible supervisor shall have the discretion to handle the complaint in any manner consistent with this policy. Supervisors may also recommend additional training to reinforce officer skills or to re -mediate minor deficiencies. Formal - A matter in which the employee's supervisor requests further investigation or in which any supervisor determines that further action is warranted. Such complaints shall be investigated by the Special Projects Office. Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up. At the discretion of the assigned supervisor or the Special Projects Office, such matters need not be documented as personnel Personnel Complaints - 430 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints complaints, but may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. 1020.1.3 RECENCY OF OCCURRENCE The Meridian Police Department will only accept complaints received within 90 days of the incident which generates the complaint. An exception may be granted by the Chief of Police in cases where the complainant has a legitimate and involuntary incapacity to make the complaint within the 90 -day period. An exception may also be granted by the Chief of Police in cases where the initial evidence presented constitutes a violation so severe that termination or serious disciplinary action could result if the allegation is sustained. 1020.2 THE OFFICE OF SPECIAL PROJECTS The Office of Special Projects will have the responsibility of investigating the backgrounds of applicants for employment at the Meridian Police Department, allegations of misconduct against Meridian Police Department Personnel and coordination and management of the department's training program. Personnel assigned to this section shall answer directly to the Deputy Chief of Police. The objectives of the Office of Special Projects include: (a) To instill and maintain the confidence of its employees and the public in the Department's ability to investigate and properly adjudicate complaints against its employees. (b) To aid in the administration of a disciplinary program that will enhance and protect the Department's integrity, ensure that the organization's objectives are efficiently accomplished, and provide fairness and consistency to its employees. (c) To cause prompt, thorough, and objective investigations of all complaints regarding conduct and procedure. (d) To protect employees from false allegations by adhering to standardized investigative procedures, which are carried out in a conscientious and objective manner. (e) To conduct all investigations in a fair and open manner with the truth as its primary objective. (f) To maintain a complete and accurate record system of complaints, investigations, and disciplinary actions. (g) To assist in the discovery of deficiencies within the training and supervisory systems. To identify and respond to patterns and trends in behavior that may contradict the philosophies and polices of the Meridian Police Department. 1020.2.1 SOURCE OF COMPLAINTS Officer -Employee Complaints: Any officer or employee receiving an actual complaint against him or herself or against another officer or employee shall personally and immediately notify his/her supervisor. Anonymous Complaints: Experience shows that some situations uncovered by anonymous callers has proven invaluable. For this reason, anonymous reports will not be ignored and shall be investigated the same as Third Party information. The fact that a complaint comes from a third party, or even an anonymous party cannot be the basis for disregarding the complaint. On the other hand, since such reports may result in disciplinary or even criminal action, the best evidence rule must be applied. Personnel Complaints - 431 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints Complaints from Juveniles: Because juveniles frequently do not understand the serious consequences, which may flow from an unfounded report, complaintsfrom juveniles should be taken only with their parents or guardians present and/or after the parents or guardians have been informed about the circumstances prompting the complaint. Third Party Complaints: Complaints not initiated by the aggrieved party "Principle" will be taken. The investigator will first contact the alleged aggrieved party, who must express a desire for the complaint to proceed. Lack of participation by the allegedly aggrieved party shall not, however, preclude the supervisor from initiating a Departmentally Initiated Investigation based on information received from the third party. The Chief of Police, Deputy Chief or Division Commander may also order an investigation based on information provided by a third party, should they believe such investigation is in the best interests of the Department. Complaints from Intoxicated Subjects: If an intoxicated person requests to file a complaint, the supervisor shall gather all complainant contact information along with the nature of the complaint. The supervisor or investigator will then re -contact the complainant within a reasonable amount of time confirm if he/she does wish to pursue the complaint. This shall not preclude the supervisor or investigator from initiating a Department Initiated Investigation based on the initial information received from the party. The Division Commander, Special Projects Personnel, Deputy Chief or Chief may also order an investigation based on the information received or if they believed, the investigation would be in the Department's best interest. Note: Any complaint made directly to a supervisor by the complainant should be resolved, if possible, to the satisfaction of the complainant at the time the complaint is made. If a complaint is resolved and the complainant is satisfied with the resolution at hand the employee's supervisor shall have the discretion to make an entry into the employee's tracking file as a coaching or counseling session or verbal warning if warranted. This action shall only apply to minor demeanor, driving type of offenses and is not meant to circumvent the formal process as outlined in this policy. 1020.2.2 ACCEPTANCE OF COMPLAINTS A complaint may be filed in person, in writing, or by telephoning this department. Although not required, every effort should be made to have the complainant appear in person. The following should be considered before taking a complaint: (a) Complaints shall not be prepared unless the alleged misconduct or job performance is of a nature which, if true, would normally result in disciplinary action. (b) When an uninvolved supervisor or the Watch Commander determines that the reporting person is satisfied that their complaint required nothing more than an explanation regarding the proper/improper implementation of policy or procedure of this department, a complaint need not be taken. 1020.2.3 COMPLAINT DOCUMENTATION Formal complaints of alleged misconduct shall be documented by a supervisor on a Meridian Police Department Internal Investigation Report complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible either Class I or Class 11. When a Personnel Complaint form is completed in person, the complainant should legibly write a detailed narrative of his/her complaint. If circumstances indicate that this is not Personnel Complaints - 432 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints feasible, the complaint may be dictated to the receiving supervisor. In an effort to ensure accuracy in any complaint, it is recommended that a recorded statement be obtained from the reporting party. A refusal by a party to be recorded shall not alone be grounds to refuse to accept a complaint. Whether handwritten or dictated, the complainant's signature should be obtained at the conclusion of the statement. The complainant should be provided with a copy of his/her own original complaint. 1020.2.4 CLASSIFICATION OF COMPLAINTS The supervisor receiving a complaint against an employee should classify it according to the seriousness of the alleged offense and based solely on the alleged violation. Classification may be upgraded by any supervisor or command officer in the chain of command or by the Chief or Deputy Chief. However, once a classification is assigned, such classification may only be downgraded by the Chief or Deputy Chief. 1020.2.5 CLASS I Class I Complaints are complaints that, if sustained, constitute a violation greater than minor demeanor, vehicle operation, or selective enforcement issues and could result in discipline up to and including termination. Class 1 complaints will normally be investigated by a the Special Projects Office. Thefollowing are required in the investigation of a Class I complaint. (a) A full investigation by the Special Project Office. (b) Legal notification and review, if warranted, due to civil and/or criminal liability. (c) Recording of all interviews with involved party (or parties) with direct knowledge bearing on the allegations. Recording of interviews with individuals contacted merely to provide background information and who have no direct knowledge of the events of the allegation is permissible but not required. (d) Employees are advised of Garrity privileges using the Administrative Privileges form prior to interview. (e) Managed and tracked through the Office of the Chief with assigned control number. (f) If the initial allegation is such that termination is a realistic possibility, the complainant should be asked to complete a sworn statement. A complaint will not be rejected because of the refusal of a complainant to give a sworn statement, however this factor may be considered in the overall investigation of the complaint. (g) A Disciplinary Action Report (DAR) shall be utilized, if the complaint is sustained. (h) A written response from the Chief of Police or his designee to complainant upon receipt of and final disposition of the case. (i) A written response from the Chiefs Office to the involved officer notifying him/her of the outcome of the investigation. A sustained violation of this section shall result in a minimum disciplinary action of a written reprimand. 1020.2.6 CLASS II Class II Complaints include minor offenses, such as general demeanor, vehicle operation, and selective enforcement complaints. Class II complaints can be investigated by an immediate supervisor, Sergeant, Lieutenant or the Office of Special Projects. The following are required in the investigation of a Class II complaint. (a) A brief investigation sufficient to determine the merits and disposition of the complaint. Class II complaints that are received by a line supervisor and are resolved during the shift in which the complaint is received will be considered closed. The completing Personnel Complaints - 433 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints supervisor shall attach all relevant documentation which was considered in making a finding, including, but not limited to, copies of DR's, copies of officer audios, and what steps were taken to address any issues with the employee. (b) Legal review is discretionary based upon supervisory analysis. (c) Recording of interviews of employees is required. Recording of complainant statements is also required. If the employee or supervisor insists on formality or, if the supervisor is uncertain of classification, the Administrative Privileges form will be used and the interview recorded, following the guidelines in this section. The supervisor shall forward these questionable incidents up through the Division Commander for review. (d) Verbal notification of complainant of the final disposition, unless the complainant requests a written response shall be made by the investigating supervisor. (e) Completed Class II Complaint investigations shall be routed to the Division Commander for review then to the office of the Chief. The investigative file will then be routed to the Special Projects Office for filing. 1020.2.7 CITIZEN INQUIRY Citizen inquiries are not complaints, per se, but involve questions of a general nature regarding department policy, general police procedure, or law. No misconduct is alleged. (a) Citizen inquiries received directly by supervisors should be handled at the lowest level possible and, unless the handling supervisor uncovers violations of policy and/or law, no formal report is required. (b) Citizen inquiries received by higher-level commanders will usually be assigned to supervisors for investigation. Supervisors assigned to investigate a citizen inquiry shall make every effort to resolve the questions for the citizen and shall briefly report their contacts and actions on department memorandum. No formal investigation or report is required unless the supervisor uncovers violations of policy and/or law. In such case, the supervisor will initiate an investigation following the mandates of this policy. 1020.2.8 ADMINISTRATIVE INQUIRY Administrative inquiries are not complaints, per se, but involve questions of the propriety of an officer's actions or questions as to whether proper policy and law was followed. Administrative Inquiries differ from Citizen Inquiries in that they are initiated by persons internal to the Meridian Police Department, members of other law enforcement agencies, members of prosecutorial agencies, or elected officials. Administrative Inquiries will be assigned to the Special Projects Office for investigation. The Special Projects Office assigned to investigate an administrative inquiry shall review the inquiry to determine if any of the following needs to be addressed: (a) Training issues. Sometimes a member takes a course of action that causes him/her to come under the purview of disciplinary action. The investigator should consider additional and/or remedial training whenever the action warrants it. (b) Performance issues. (c) Violations of policy and/or law. (d) Failure to appear on court subpoena. Personnel Complaints - 434 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints The investigator shall briefly note their inquiries and conclusions on the department memorandum form. If training or re-training needs are uncovered, the investigator shall prepare a separate memo directed to the Special Projects Office outlining those needs and recommendations for accomplishing the needed training. Upon approval of the Chief of police, the original memo shall be routed to the Special Projects Office for the Early Warning File. No formal investigation or report is required for Administrative Inquiries, unless the investigator uncovers violations of policy and/or law. In such a case, the investigator shall initiate an investigation following the mandates of this policy. 1020.2.9 DEPARTMENTALLY INITIATED INVESTIGATIONS Cases initiated by Meridian Police Department supervisors or brought to supervisory attention by any Meridian Police employee, who, if such information were received from a citizen would constitute a complaint, are classified as Departmentally Initiated Investigations (DI). DI investigations will be completed by the Special Projects Office unless the allegation is minor in which case a supervisor, Sergeant or Lieutenant may conduct the investigation. (a) DI cases shall be further classified as Class I or Class II, following the same criteria as Citizen Initiated complaints. (b) Class I DI cases shall be tracked through the Special Projects Office and the investigation shall follow the same format and investigative and reporting criteria as required for Class I citizen complaints. (c) Supervisors have an affirmative duty to report all Class I DI incidents and subsequent investigation and findings to the Division Commander through the appropriate chain of command. A sustained violation of this section shall result in a minimum disciplinary action of a written reprimand. Class II DI cases which, by their nature involve issues which are normally handled at the first line supervisory level, do not require reporting to the Deputy Chief unless: The issue is brought to the attention of the Office of the Chief directly by the reporting employee or The investigation is initiated by the Office of the Chief or Deputy Chief. If a DI case is initiated by a supervisor and any supervisor subsequently receives a citizen complaint regarding the same incident, the entire administrative case shall be reclassified as a citizen complaint and shall be handled as specified for the assigned citizen complaint classification. 1020.3 SUPERVISOR RESPONSIBILITY A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. In general, the primary responsibility for the investigation of a personnel complaint shall rest with the employee's immediate supervisor. The Chief of Police or authorized designee may, however, direct that the Special Projects Office investigate the complaint. The supervisor shall be responsible for the following: Personnel Complaints - 435 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints (a) A supervisor receiving a formal complaint involving allegations of a potentially serious nature shall ensure that the Watch Commander, commanding officer, Deputy Chief and or Chief of Police are notified as soon as practicable. (b) A supervisor receiving or initiating any formal complaint shall ensure that a complaint form has been completed as fully as possible. The original complaint form will then be directed to the commanding officer of the accused employee, via the chain of command, who will take appropriate action or forward the complaint to the Special Projects Office for further action. 1. During the preliminary investigation of any complaint, the supervisor should make every reasonable effort to obtain names, addresses and telephone numbers of additional witnesses. 2. Once immediate medical attention (assuming the complaint is an injury complaint) has been provided, photographs of alleged injuries as well as accessible areas of non -injury should be taken. 3. In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the employee's Division Commander or the Deputy Chief who will initiate appropriate action. 4. All complaints will be audio recorded. (c) A supervisor dealing with an accused employee shall ensure that the procedural rights of the employee are followed. (d) When the nature of a personnel complaint relates to sexual, racial, ethnic, or other forms of prohibited harassment or discrimination, the supervisor or commanding officer receiving the complaint shall promptly contact the Department of Human Resources, Deputy Chief and the Chief of Police for direction regarding their role in investigation and/or addressing the complaint. 1020.4 ASSIGNMENT TO ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature or when circumstances practically dictate that it would impose an unreasonable risk to the Department, the employee, other employees or the public, the Chief of Police, Deputy Chief or their designee may temporarily assign the accused employee to administrative leave pending completion of the investigation or the filing of administrative charges. 1020.4.1 ADMINISTRATIVE LEAVE An employee placed on administrative leave may be subject to the following guidelines: (a) Under such circumstances, an employee placed on administrative leave shall continue to receive regular pay and benefits pending the imposition of any discipline. (b) An employee placed on administrative leave may be required by a supervisor to relinquish any badge, identification, assigned weapon(s) and any other equipment of this department. (c) An employee placed on administrative leave may be ordered to refrain from taking any action as an employee or in an official capacity. The employee shall be required to continue to comply with all policies and lawful orders of a supervisor. (d) An employee placed on administrative leave may be temporarily reassigned to a different shift (generally normal business hours) during the pending investigation and Personnel Complaints - 436 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints the employee may be required to remain available for contact at all times during such shift and report as ordered. (e) It shall be the responsibility of the assigning supervisor to promptly notify the employee's Division Commander, Deputy Chief and the Chief of Police. (f) At such time as any employee placed on administrative leave is returned to full and regular duty, the employee shall be returned to their regularly assigned shift with all badges, identification card and other equipment returned. 1020.5 ALLEGATIONS OF CRIMINAL CONDUCT Where an employee of this department is accused of potential criminal conduct, an outside law enforcement agency or prosecutorial agency should be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation and/or any prosecution. The Chief of Police shall be notified as soon as practicable when an employee is formally accused of criminal conduct. In the event of serious criminal allegations, the Deputy Chief or Chief of Police may request a criminal investigation by an outside law enforcement or prosecutorial agency be conducted parallel to the administrative investigation. An employee accused of criminal conduct shall be provided with all rights and privileges afforded to a civilian under the State and Federal constitutions. The employee may not be administratively ordered to provide any information to a criminal investigator. No information or evidence administratively coerced from an employee may be provided to a criminal investigator. Any law enforcement agency is authorized to release limited information concerning the arrest or detention of a peace officer that has not led to a conviction. However, no disciplinary action shall be taken against the accused employee based solely on an arrest or crime report. An independent administrative investigation shall be conducted based upon the allegations in the report in accordance with department policy. 1020.6 ADMINISTRATIVE INVESTIGATION OF AN EMPLOYEE Investigations of a minor nature may be assigned to the employee's supervisor, provided the supervisor was not involved as a witness or was an alleged participant in the incident. More serious complaints will be assigned to the Special Projects Office for investigation. Whether conducted by a supervisor or an assigned member of the Special Projects Office, the following procedures shall be followed with regard to the accused employee: (a) The investigator should not be a person who is the complainant, the ultimate decision maker regarding disciplinary action or a person who has any personal involvement regarding the alleged misconduct. (b) Not less than 48 hours before an investigator begins an interview to obtain facts and statements, the Department should provide the accused employee with: 1. The name and rank of the officer in charge of the investigation and the officers who will conduct any interviews. 2. The date, time and place of the interview and the names of all who will be present. 3. A written summary of the alleged misconduct and a description of the nature of the investigation. Personnel Complaints - 437 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints (c) Interviews of accused employees shall be conducted during reasonable work hours of the employee and, if the employee is off-duty, the employee shall be compensated. (d) Off-duty interviews should only be conducted based on the seriousness of the investigation and other factors when time is of the essence. (e) An investigator should not interview an officer at that person's home without the officer's prior permission. (f) No more than two interviewers should ask questions of an accused employee to prevent confusion or misunderstandings. (g) All interviews shall be for a reasonable period and the employee's personal needs shall be accommodated. (h) No employee shall be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. Any employee refusing to answer questions directly related to the investigation may be ordered to answer questions administratively or be subject to discipline for insubordination. Nothing administratively ordered may be provided to a criminal investigator. (i) Absent circumstances preventing it, the interviewer should record all interviews of employees and witnesses. The employee may also record the interviews. If the employee has been previously interviewed, a copy of that recorded interview should be provided to the employee prior to any subsequent interview. The complete interview of an employee accused of a Class I and Class II violation(s) shall be recorded and a copy may be obtained by the officer under investigation upon request. The employee may also bring his/her own recording device, if he/she wishes. The cost of recording and any mechanical devices used by the officer shall be borne by the member. Any malfunction of the recording device that interferes with the complete recording of such interview shall be fully and completely documented in the investigative report. Investigators should attempt to correct any malfunction of any recording device prior to continuing, should any such malfunction occur during the interview. Corrective action may include obtaining another recording device before proceeding. Q) If the allegations involve potential criminal conduct, the employee shall be advised of his/her constitutional rights. This admonishment shall be given administratively, regardless of whether the employee was advised of these rights during any separate criminal investigation. (k) All employees subjected to interviews that could result in punitive action shall have the right to have a representative of his/her choosing during the interview provided the presence of a particular representative does not unreasonably delay a scheduled interview. The representative must not have been involved in the alleged incident. In such event, an alternate representative must be obtained. However, in order to maintain the integrity of each individual employee's statement, involved employees shall not consult or meet with representatives or attorneys collectively or in groups prior to being interviewed. (1) All employees shall provide complete and truthful responses to questions posed during interviews. (m) The investigator shall not discuss the merits of the investigation with the media. (n) No officer shall be subjected to punitive action because of the exercise of privileges granted under this order or the exercise of any rights legally granted. (o) The officer under investigation will be provided a Memorandum of Administrative Privileges (Garrity) prior to all Class I, Class II and Departmentally Initiated Investigations. Personnel Complaints - 438 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints (p) Employees of law enforcement agencies may be compelled to submit to polygraphs for administrative purposes pursuant to Idaho Code 44-903 and 44-904. (q) Exception: The guidelines stated in (a) through (p) above do not apply to routine supervisor/subordinate contacts, such as questions concerning work activities of the day, coaching, counseling, direction, ordering, instruction, or verbal admonishment. 1020.6.1 ADMINISTRATIVE SEARCHES An employee of this department may be administratively ordered to submit to a blood, breath, or urine test for alcohol and drugs under any of the following circumstances: (a) When the employee, whether on- or off-duty, is involved in a shooting or police related death. (b) When the employee is involved in an injury or fatal accident while on duty (c) When the employee is involved in an injury or fatal accident while operating any City owned vehicle whether on- or off-duty. (d) When the employee is found to be exhibiting objective symptoms of intoxication or drug influence while on -duty. The use of compelled testing results shall be restricted to the administrative investigation. Employees shall have no expectation of privacy when using telephones, computers, radios or other communications provided by the Department. Investigative searches of assigned lockers, storage spaces and all other assigned areas (e.g., desks, office space, cell phones, MDT's, computers, GPS & AVL, prox card readers and assigned vehicles) shall only be conducted upon a reasonable suspicion that official misconduct is involved. A non -investigative administrative search (e.g., obtaining a needed report or radio) of such areas may be conducted any time that a supervisor deems it reasonable and necessary to conduct such a search. Personal property and containers located within such areas will generally remain subject to Fourth Amendment requirements and exceptions. 1020.6.2 WITHDRAWN COMPLAINTS If the complainant withdraws his/her complaint or refuses to further cooperate with the administrative investigation, then the investigation may be closed as incomplete and assigned an appropriate disposition. However, if the nature of the allegations can be sufficiently determined without the assistance of the complainant, the investigation will proceed and be completed as normal and assigned an appropriate disposition. 1020.6.3 ADMINISTRATIVE INVESTIGATION FORMAT Investigations of personnel complaints shall be detailed, complete and essentially follow this format: (a) Introduction - Include the identity of the employee, the identity of the assigned investigators, the initial date and source of the complaint. (b) Synopsis - Provide a very brief summary of the facts giving rise to the investigation. (c) Summary of allegations - List the allegations separately, including applicable policy sections, with a very brief summary of the evidence relevant to each allegation. Personnel Complaints - 439 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints (d) Evidence as to each allegation - Each allegation should be set forth with the details of the evidence applicable to each one, and should include comprehensive summaries of employee and witness statements. Other evidence related to each allegation should also be detailed in this section. (e) Conclusion - A recommendation regarding further action or disposition should be provided. (f) Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report. 1020.7 DISPOSITION OF PERSONNEL COMPLAINTS Each allegation shall be classified with one of the following dispositions: (a) Unfounded - When the investigation discloses that the alleged act(s) did not occur or did not involve personnel of this department. Complaints which are determined to be frivolous will fall within the classification of unfounded. (b) Exonerated - When the investigation discloses that the alleged act occurred, but that the act was justified, lawful and/or proper. (c) Not Sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the employee. (d) Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. (e) Closed Without Finding -The investigation cannot proceed because the complainant failed to disclose promised information to further the investigation; or the complainant wishes to withdraw the complaint, or the complainant is no longer available for clarification. This finding may also be used when the information provided is not sufficient to determine the identity of the officer(s) or employee(s) involved or as determined by the Deputy Chief. If an investigation discloses misconduct or improperjob performance which was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. 1020.7.1 INVESTIGATION STANDARD The investigative and findings standard for internal investigations shall be the preponderance of evidence (51% rule). 1020.8 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint shall proceed with due diligence. Recognizing that factors such as witness availability and the complexity of allegations will affect each case, every effort should be made to complete each investigation within a reasonable period following receipt. If the nature of the allegations dictate that confidentiality is necessary to maintain the integrity of the investigation, the involved employee(s) need not be notified of the pending investigation unless and until the employee is interviewed or formally charged. (a) Internal investigative time lines will begin on the date that an investigative tracking number is assigned to an investigation by the Special Projects Office. The Special Projects Office will make entry into the Early Intervention System upon his receipt of the complaint from the Deputy Chief. Personnel Complaints - 440 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints (b) Internal investigations will be completed as quickly as possible, but within 30 calendar days of the date that the case tracking number is assigned, unless intervening circumstances require an extension. (c) An extension may be granted for up to 60 calendar days by the Deputy Chief. (d) A request for extension of Division investigated cases may be granted upon a written request through the chain of command to the Deputy Chief. The first extension request must be received and granted prior to the end of the first 30 -day period. (e) The Deputy Chief may extend an investigation up to 60 days beyond the original due date by making a note of the extension in the Case Tracking System. This extension must be granted prior to the end of the first 30 -day period. (f) Investigations may be extended from 90 calendar days up to 180 calendar days from date of assignment by the Deputy Chief. This extension may be granted upon the submission of a written request that documents the reason(s) for the requested extension. All requests for extension to the Deputy Chief and approved by the Division Commander. (g) As with many other types of cases, investigation may reveal new allegations not cited in the original complaint or a change in the specific violation from that alleged. All new allegations directly related to the original complaint will be documented and disposed in the investigative report of the original complaint. In the case of new allegations that may arise in the course of the investigation and that are not related to the original complaint, either against the original members listed in the complaint or against members who were not included in the original complaint, the investigator will generate a new investigation of the unrelated complaints, following all guidelines of this policy. (h) An investigation will be complete on the date that it is submitted to the Deputy Chief as a completed investigation to be reviewed by the Division Commander, Deputy Chief and Chief. Completion will be established by the date noted on the Case Tracking System indicating submission to the Special Projects Office. The implementation of any discipline resulting from a completed investigation shall not be subject to the time lines described in this directive. (i) In the event an allegation is sustained, the Office of the Chief shall initiate a Disciplinary Action Report (DAR). Q) If the complaining party is charged with a criminal offense associated with this investigation, then the investigation may be suspended until the completion of the criminal trial. 1020.8.1 CONFIDENTIALITY OF PERSONNEL FILES Generally, investigations of personnel complaints are confidential and protected employee personnel files, the contents ofwhich shall not be revealed to anyone other than the involved employee or authorized personnel, except pursuant to lawful process. The department may make synopses of investigations and the outcomes of such investigations can be made public provided it is done in a manner which will not reveal individual officers identities to the general reader. In the event that an accused employee, or the representative of such employee, knowingly makes false representations regarding any internal investigation and such false representations are communicated publicly, the Department may disclose sufficient information from the employee's personnel file to refute such false representations. Personnel Complaints - 441 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints The investigative file and report shall be securely maintained in Special Projects Office for the period required by the Department's record retention schedule. The investigative report is not available to any personnel except: (a) Chief of Police (b) Deputy Chief of Police (c) Division Commander (d) Special Investigator (e) Upon court order (f) The involved officer (g) Others as designated by the Chief of Police 1020.8.2 POST -INVESTIGATION PROCEDURES Upon completion, the report should be forwarded to the Chief of Police through the chain of command of the involved employee. Each level of command should review and include their comments in writing before forwarding the report. The Chief of Police may accept or modify the classification and recommendation for disciplinary action contained in the report. 1020.8.3 DIVISION COMMANDER RESPONSIBILITIES Upon receipt of any completed personnel investigation, the Division Commander of the involved employee shall review the entire investigative file, the employee's personnel file and any other relevant materials. The Division Commander may make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed. (a) Prior to forwarding recommendations to the Deputy Chief the Division Commander may return the entire investigation to the assigned detective or supervisor for further investigation or action. (b) When forwarding any written recommendation to the Deputy Chief the Division Commander shall include all relevant materials supporting the recommendation. Actual copies of an employee's existing personnel file need not be provided and may be incorporated by reference. 1020.8.4 RESPONSIBILITIES OF THE CHIEF OF POLICE Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendations and/or may return the file to the Deputy Chief for further investigation or action. Once the Chief of Police is satisfied that no further investigation or action is required by the staff, the Chief of Police shall determine the amount of discipline, if any, to be imposed. Within 30 days of the final review by the Chief of Police, written notice of the findings shall be sent to the complaining party. This notice shall indicate the findings but will not disclose the amount of discipline, if any, that was imposed. Any complaining party who is not satisfied with the findings may contact the Department or the authorized designee to discuss the matter further. Personnel Complaints - 442 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints In the event disciplinary action is recommended, the Chief of Police shall provide the employee with written notice that includes: (a) Specific charges set forth in separate counts, describing the conduct underlying each count. (b) A recommendation of proposed discipline. (c) A statement that the employee has been provided with or given access to all of the materials considered by the Chief of Police in recommending the proposed discipline. (d) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. Upon a showing of good cause by the employee, the Chief of Police may grant a reasonable extension of time for the employee to respond. If the employee elects to respond orally, the presentation shall be recorded by the Department. Upon request, the employee shall be provided with a copy of the recording. Once the employee has completed his/her response or, if the employee has elected to waive any such response, the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall thereafter render a timely written decision to the employee imposing, modifying or rejecting the recommended discipline. In the event of a termination, the final notice of discipline shall also inform the employee of the reasons for termination and the process to receive all remaining fringe and retirement benefits. The discipline shall become effective once the Chief of Police has issued a written decision. 1020.9 EMPLOYEE RESPONSE The pre -discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to the imposition of any recommended discipline. The employee shall consider the following: (a) This response is not intended to be an adversarial or formal hearing. (b) Although the employee may be represented by an uninvolved representative and/or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c) The employee may suggest that further investigation be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d) In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results of the subsequent investigation prior to the imposition of any discipline. (e) The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials. NOTE: The Human Resources Director shall be responsible for interpreting this policy and for initial investigations that may take place as a result of the appeals process. The Mayor shall be responsible for final decisions regarding any appeals process (Policy 1006). Personnel Complaints - 443 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints 1020.10 POST -DISCIPLINE GRIEVANCE PROCEDURE Once discipline has been imposed, the employee may appeal the decision in accordance with his/her applicable Grievance Procedures (Policy 1006). 1020.11 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that an employee tenders a written retirement or resignation prior to the imposition of discipline, it shall be noted in the file. The tender of a retirement or resignation by itself shall not serve as grounds for the termination of any pending investigation or discipline. 1020.12 DISCIPLINARY ACTION AGAINST PROBATIONARY EMPLOYEES In the event that a probationary employee is terminated solely for unsatisfactory performance or the failure to meet department standards, the employee shall have no right to appeal. Termination of a probationary employee for failure to pass probation shall be so reflected in the employee's personnel file. At all times during any investigation of allegations of misconduct involving a probationary officer, such officer shall be afforded all procedural rights set forth in applicable department policies. In the event that a probationary employee is disciplined or terminated for misconduct, the employee is not entitled to appeal the decision. 1020.13 REMOVAL OF A COMPLAINT Upon request, an employee may review any administrative file that does not relate to a current investigation. If an employee identifies a complaint or allegation that should be removed from his/her personnel file because either the time period has expired or it is an improper document, the employee should submit a memorandum to the Director of Human Services that articulates the justification for the requested removal. The Director of Human Services shall make a determination regarding the granting or denial of the request and inform the employee. 1020.14 NOTIFICATION TO IDAHO PEACE OFFICER STANDARDS AND TRAINING (POST) COUNCIL The Chief of Police or the authorized designee shall notify the Idaho POST Council whenever any officer resigns or is terminated as a result of any disciplinary action. The notification shall be made within 15 days of the resignation or termination (Idaho Code 19-5109(4)). 1020.15 TRUTHFULNESS Members shall truthfully and completely answer all questions specifically directed and related to the scope of employment and operations of the Department that may be asked of them by any supervisor or special investigator. Untruthfulness in any of the following situations shall be considered grounds for termination: (a) Untruthfulness regarding material facts during any internal investigation. Personnel Complaints - 444 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints (b) Untruthfulness regarding material facts on any police report or other official document, including time sheets. (c) Untruthfulness in any sworn testimony, including court, administrative hearing, or deposition. 1020.16 INTERFERENCE WITH A COMPLAINT, INVESTIGATION, OR DISCIPLINE An employee shall not knowingly interfere with a complaint, investigation, or disciplinary process and shall fully cooperate during an investigation. An accused employee shall not contact the complainant during the investigation. He/she shall not attempt to exert influence on any witness or involved party in the investigation nor shall he/she attempt to exert influence on participants in the disciplinary processes. 1020.17 CONFIDENTIALITY An investigating supervisor or any others involved in the investigative or disciplinary processes shall not divulge any information contained in the file or investigation to others not involved in the investigative or disciplinary processes. The Department may make synopses of investigations and outcomes of such investigations public, provided it is done in a manner which will not reveal employees' identities to the general reader. 1020.18 RECORDING OF COMPLAINTS All initial complaints will be audio recorded. If some exigency prohibits recording, the reason for the lack of recording shall be noted in the report. Unless a complaint is received directly under circumstances, which do not permit recording, the supervisor shall make reasonable efforts to record the complaint. Thus, if a supervisor receives notification to call a person regarding a complaint, that supervisor has an affirmative duty to make the return call from a telephone with recording capability, rather than from a cell phone or other non -recorded telephone unless significant exigency prohibits it. 1020.19 FALSE REPORTS In as much as the Meridian Police Department values accountability by both officer and citizen alike, it shall be the policy of the Meridian Police Department to fully investigate complaints made against members of this department by members of the community. When such report is found to be false, the Department shall seek prosecution of the offender under Idaho Code 18-705, Obstructing Officers, and reimbursement for the cost of the investigation. 1020.20 SPECIAL PROJECTS OFFICE INVESTIGATOR AUTHORITY The Special Projects Office is under the direct command of the Deputy Chief. The Special Projects Investigator is charged with ensuring all investigations of complaints and all other inquiries or investigations against officers of the Meridian Police Department and its procedures and practices are completed. This includes the investigation of Equal Employment Opportunity (EEO) allegations and grievances, such as those dealing with sexual harassment and discrimination. Other duties may include the observation and/or internal investigation of incidents in which officers may have become involved, such as shootings, serious traffic accidents, internal audits, etc. The Special Projects Office shall track all complaints and subsequent investigations and provide annual reports to the Chief of Police. Personnel Complaints - 445 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints The Special Projects Office Investigator may cross all supervisory lines and the chain of command, as required, during the conduct of an investigation. All employees shall provide prompt, honest, and complete statements regarding their knowledge of the subject of an investigation to the Special Projects Office Investigator. Employees shall immediately provide any physical evidence, recordings, photographs and/or other articles relevant to the investigation. The Special Projects Office is also responsible for entering and tracking all Early Intervention System information and providing annual reports to the Chief of Police. 1020.21 INVESTIGATIVE RESPONSIBILITY AND CASE MANAGEMENT The Deputy Chief shall be the central authority for managing internal affairs matters involving the Meridian Police Department. The Special Projects Office Investigator shall review each Class I investigation received by the department and evaluate its classification. Class 11 investigations may be upgraded by the Special Projects Office Investigator, the Chief of Police or his designee, if deemed appropriate. If, during the course of a Class II investigation, information comes to light that an investigation classification should be upgraded to Class 1, the investigating officer shall notify the Deputy Chief as soon as practical. Immediately upon determination of the need to upgrade classification, the investigating officer shall contact the Division Commander and shall proceed with the investigation following the guidelines for the upgraded classification. Investigation classifications may not be downgraded except with the prior authorization of the Chief of Police or his designee. Investigations, as recommended by the Deputy Chief may be performed by: (a) The Special Projects Office Investigator. (b) The Lieutenant or Sergeant or, in the case of Class II investigations, an acting supervisor. (c) Any person appointed as a temporary special investigator by the Chief of Police. (d) Another agency. The Special Projects Office Investigator will assume responsibility for timely prosecutorial review of cases that may involve criminal violations. Only the Chief of Police or Deputy Chief may approve variations to procedure and time line requirements. Normally, the initial prosecutorial review shall occur after a preliminary investigation is completed and before the employee interview is conducted. The preliminary investigation shall include (but not be limited to) collection of reports, audios, witness information and other evidence which must be secured and which may be lost if delayed. A more comprehensive investigation will be conducted after the initial prosecutorial review The Office of the Chief shall be responsible for the control and security of all internal investigative files. All Class I investigations shall conform to reporting formats specified by the Deputy Chief or the Special Projects Office Investigator. 1020.22 DISCIPLINARY BOARD The disciplinary board shall be defined as a group of supervisors brought together to make fair and consistent decisions in disciplinary situations. The board will be made up of the affected member's immediate Supervisor, Lieutenants, Deputy Chief and Chief of Police. As deemed necessary the Chief of Police can also include the Special Projects Office Investigator if assigned the investigation, and or a representative from Human Resources Division and or a legal adviser if requested. Personnel Complaints - 446 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints Copies of an investigative report may be made available to members of a Disciplinary Board for their review prior to the meeting of the Board. Such copies shall contain an admonition that the member is prohibited from making additional copies or divulging any information contained in the file to anyone other than the other members of that particularly convened Disciplinary Board. At the conclusion of the meeting of the Disciplinary Board, the Special Projects Office Investigator or Lieutenant of the member's Division Commander shall collect all such copies and subsequently cause their destruction. Written legal opinions will not be released to anyone other than those designated by the Chief of Police and the legal adviser. 1020.23 FINANCIAL DISCLOSURE No employee shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his/her family or household) unless such information: (a) Is obtained or required under state law or proper legal procedure. (b) Tends to indicate a conflict of interest with respect to the performance of his/her official duties. (c) Is necessary for the Department to ascertain the desirability of assigning the employee to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. 1020.24 POLYGRAPH EXAMINATIONS At the accused employee's request, the Department may administer a polygraph examination to the employee involving specific questions concerning the alleged violation. An employee shall also submit to a polygraph when one or more of the following conditions are met: (a) The employee has been accused of a violation of Department policy or procedure that could result in his/her dismissal and/or sufficient evidence exists which would lead to a preponderance that the violation for which the employee is accused has been committed. (b) Conflicting statements of fact in the case have been established. (c) The Chief orders the polygraph examination to be taken by the accused employee. (d) If no corroborating evidence can be gathered, the complaining party will be polygraphed prior to the employee except where the nature of the reporting party would normally preclude a criminal polygraph. 1020.25 TEMPORARY RESTRICTION/SUSPENSION WITH PAY (a) Authority of ranking officers. When circumstances dictate, ranking officers (defined as lieutenant or higher) may place a subordinate on restricted or suspended with pay status. 1. Restricted shall mean that the employee has been relieved of his/her normal duties but may be assigned alternate duties as determined to be appropriate by the ranking officer. 2. Suspended with pay shall mean that the employee shall be relieved of all duties except those connected with the investigative disciplinary process. The member must be available for certain hours during the workweek as designated in the Personnel Complaints - 447 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints suspension with pay notification. Such availability may include responding to a subpoena for court testimony. (b) Conditions of restricted and suspended with pay status. 1. The ranking officer may withdraw powers, authority, and responsibility of the employee to the extent he/she deems necessary. 2. The employee may be required to surrender any duty equipment to the ranking employee when circumstances dictate. For the purpose of this order, personally owned weapons carried on -duty and any badges carried on- or off-duty shall be considered duty equipment. 3. The employee shall participate cooperatively in all investigations of his/her conduct and answer all questions pertaining to his/her position as a Meridian Police employee. 4. The employee shall be subject to the direct control of his/her superiors for a specific continuous shift period each day of the suspension or restriction equivalent to the amount of time for which the employee is being paid. 5. The ranking officer who relieves an employee of normal duty status shall notify the Chief of Police through the Chain of Command as soon as possible, but no later than the start of the next day. Upon review of the case, the Chief may direct the employee to resume regular duty status, be placed in restricted status, be suspended with pay, or be suspended without pay pending termination. 1020.26 SUSPENSION WITHOUT PAY Only the Chief of Police may place an employee in a suspended without pay pending termination status. An employee placed in this status is relieved of all duties and all pay and benefits normally accrued, except those designated by the City to continue pending final appeal. It is recognized that this act would potentially have a serious impact on the employee and his/her family both financially and emotionally. Suspension without pay pending termination may be ordered if an employee has been charged with a felony criminal offense and probable cause has been found in a court of competent jurisdiction, or the requirements below have been met. (a) If the employee has not been criminally charged and probable cause found, then suspension without pay shall not be ordered unless all of the following conditions are met: 1. A serious felony criminal offense is alleged, and 2. A complete internal investigation has occurred and been submitted to the Office of the Chief, and 3. A strong expectation that criminal charges will be filed and a termination will be forthcoming, and 4. An administrative hearing is conducted by the Chief of Police that includes a personal interview with the accused employee. This requirement shall be met if the employee is offered an interview but declines. (b) Conditions of suspended without pay pending termination status. The employee shall immediately surrender all Meridian Police Department badges, identification cards, issued firearm, and any other specified equipment to the ranking officer. A suspended employee is not permitted to wear any part of the official uniform, display personally owned badges or act in the capacity Personnel Complaints - 448 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Complaints of or represent him or herself as a current Meridian Police employee in any manner, except that the employee may testify in court as to his or her status as an employee at the time of action leading to the court hearing. 1020.27 DUTY TO DISCLOSE BRADY MATERIAL AND/OR EXCULPATORY EVIDENCE The Meridian Police Department recognizes its duty and obligation to document and provide all evidence, including potentially exculpatory evidence, to the prosecuting agencies. Bias: An inclination or preference, especially one that interferes with impartial judgment. "Bias" can also mean prejudice and imply an irrational hatred or suspicion of a specific group, race, or religion. Brady Material: Evidence relevant to the credibility of all witnesses, including police officers which can include untruthfulness, criminal activity and bias. Criminal Activity: Any activity that amounts to either a misdemeanor or felony violation of any local, state or federal law. Exculpatory Evidence: Evidence that may benefit the defense of any criminal case by showing facts that are favorable to a defendant or those facts which may disprove the allegations of the charges. Untruthfulness: Untruthfulness, false reports or lying under oath, including a sustained finding under any policy that represents a finding that the employee was intentionally deceptive about a material issue, whether verbally or in writing. Further, a credible allegation of untruthfulness, false report or lying under oath, until disproved. 1020.28 DISCIPLINARY SYSTEM Discipline and grievance issues related to a member's employment with the Meridian Police Department are covered in the Policy and Procedures Manual of the City of Meridian However, as a matter of providing a guide for understanding the progression of discipline to be used in the department the following is provided. Progressive Discipline- The City of Meridian and the Meridian Police Department has a progressive disciplinary policy. Actions taken are reflective of the seriousness of the policy, rule, regulation, procedure or law violation with which the member is charged. Subsequent and further violations are cause to increase the disciplinary action the agency takes against the member. Disciplinary action may call for any of the following steps, depending on the issue and the type or nature of the offense: (a) Coaching and Counseling In cases of unacceptable performance, and prior to formal disciplinary action, supervisors are encouraged to use methods of coaching and counseling to resolve performance problems. Supervisors should clarify expectations and provide specific, measurable feedback to employees in order to improve performance. Performance counseling sessions should be documented, with information including performance agreements, documentation of performance improvement plans, and other related information. (b) Verbal Warning This is defined as an informal discussion of the employee's action and/or behavior that is stated specifically by the supervisor. The employee has the opportunity to explain his/her side of the situation, and the supervisorwill considerthat Personnel Complaints - 449 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personnel Complaints information before developing specific corrective actions. The supervisor should elicit the employee's ideas on how to resolve the issue and incorporate those whenever possible. The supervisor will specify performance agreements made, including how the employee is expected to improve, the time -frames for improvement and specific consequences for a lack of follow-through. Documentation of this verbal warning should be made by the supervisor and kept with the supervisor's work records. (c) Written Warning The same procedures of the verbal warning are recommended in this step. However, in addition, the supervisor and/or department head will prepare written documentation of this conversation for the employee and the employee's personnel file. The documentation, usually in memo form, will include the date of the conversation; the rule or policy violation specifically stated; a reference to the earlier oral warning; a statement of the specific change in the employee's performance that is expected; the time allowed for improvements; the consequences of not meeting the performance expectations; and comments the employee made during the conversation. An acknowledgment of receipt should be signed by the employee and dated; it might read, "I acknowledge that a copy of this written warning was given to me on this day." (d) Performance Improvement Plan (PIP) An employee whose performance is below expectations may have his/her performance reviewed on a schedule determined by the supervisor and/or department head. The review(s) may include a formalized written improvement plan, noting dates, expected results and responsibilities. Regardless of the outcomes of the performance improvement plan, the employee's at -will status with the City remains the same. (e) Suspension with or without pay is usually used only after a verbal and written warning has been given to the employee and no change in performance has resulted. It is often the final step before termination. The supervisor and/or department head will again confer with the employee about the disciplinary issue and will review all the actions, documentation, and expectations not addressed; the employee will be asked for other information to be considered. The supervisor, department head, Human Resources and the Mayor will confer to determine appropriate action, including the duration of the suspension, and will document the entire process and conversation in memo form for the employee and the employee's personnel file. The employee will be asked to acknowledge receipt of the memo. Exempt employees will not suffer deductions from their salary for suspensions of less than one workweek. (f) Demotion An employee may be demoted to a position of lesser responsibility and salary. Depending on the position, demotion may or may not be available. For information about salary impact, refer to the Compensation policy or contact the Human Resources department. (g) Termination occurs when other remedies have failed to correct unacceptable job performance and/or when an employee commits an offense so serious in the judgment of the City that termination of employment is appropriate. The supervisor, department head, Human Resources Director and the Mayor will confer to determine when termination is required. The Mayor has total discretion on employee terminations. Note: At the Chiefs or the Discipline Boards discretion any combination of one or more progressive discipline steps can be administered against an employee if the sustained violation warrants such action. Personnel Complaints - 450 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Bereavement Leave 1021.1 PURPOSE AND SCOPE To provide paid time off for eligible employees to address the needs of the employee upon the death of a member of the employee's immediate family. In the event of a death in the immediate family of an employee, the City allows an eligible employee an absence from work with pay of up to three consecutive workdays. Additional time off may be granted at the discretion of the department Director consistent with the policies of the City. The employee shall notify his/her supervisor as soon as possible prior to the use of this leave. 1021.2 AUTHORITY & RESPONSIBILITY Immediate supervisor and department Director shall be responsible for administration of this policy. 1021.3 PROCEDURES AND RELATED INFORMATION (a) In the event of a death in the immediate family of an employee, the City allows an employee an absence from work with pay of up to three consecutive workdays. Additional time off may be granted at the discretion of the department Director consistent with the policies of the City. The employee shall notify his/her supervisor as soon as possible prior to the use of this leave. (b) For purposes of this policy, immediate family shall be defined as current spouse, children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws are defined as a father, mother, or grandparents of current spouse, or sister and brother in-law of the employee. Adopted or "step" relationships will be considered same as any other family relationship. Bereavement Leave - 451 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Seat Belt Use 1022.1 PURPOSE AND SCOPE The use of seat belts and other safety restraints significantly reduces the chance of death or injury in case of a traffic collision. This policy establishes guidelines for seat belt and child safety seat use to promote maximum operator and passenger safety, thus reducing the possibility of death or injury as the result of a motor vehicle collision. This policy will apply to all employees operating or riding in Police Department vehicles. 1022.2 WEARING OF SAFETY RESTRAINTS All employees shall wear available, properly adjusted safety restraints whenever operating or riding a vehicle owned, leased, rented or operated by this department and while operating or riding in privately owned vehicles while on duty. The driver is responsible for ensuring all occupants, including non -employees are in compliance with this policy. It is the intent of this policy that all employees wear seat belts whenever possible. However, sworn officers may dispense with wearing safety restraints in specific tactical situations or when it reasonably appears that, due to unusual circumstances, or if a potentially dangerous situation is either perceived or anticipated, safety restraints may be removed to allow for a more rapid response to the situation (Idaho Code 49-673(2)(b). Failure to use the seat belt, while operating a City vehicle, may result in disciplinary action. 1022.2.1 TRANSPORTING CHILDREN An approved child safety restraint system should be used for all children of age, size or weight for which such restraints are required by law. In the event that an appropriate approved child safety restraint system is not available the child may be transported by sworn personnel and should be restrained in a seat belt in the rear seat, if available, or the child should be held by a properly restrained attendant (Idaho Code 49-672 (2)). Rear -seat passengers in a cage -equipped vehicle may have reduced clearance, which requires careful seating and positioning of seat belts. Due to this reduced clearance, children and the child restraint system or booster seat should be secured properly in the front seat of these vehicles, provided this positioning meets the vehicle and child restraint system manufacturer's design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the passenger side airbag should be deactivated. In the event this is not possible, officers should consider arranging for alternative transportation. 1022.3 TRANSPORTING PRISONERS Whenever possible, prisoners should be secured in the prisoner restraint system in the rear seat of the patrol vehicle or, when a prisoner restraint system is not available, by seat belts. The prisoner should be in a seating position for which seat belts have been provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints. A statement will be included in the arrest report and box checked on the face sheet noting whether the prisoner was seat -belted and, if not, why. The transporting officer shall ensure both back doors are securely closed and locked. Seat Belt Use - 452 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Seat Belt Use When an officer transports a prisoner of the opposite sex or any juvenile, the officer shall notify dispatch at the beginning and end of transport along with starting and ending mileage. Officers shall audio record all prisoner transports beginning to end. When a subject is taken into custody, the arresting officer shall remove (or cause the removal of) the prisoner from the scene without unnecessary delay and as inconspicuously as possible. The transporting officer shall transport the prisoner directly to the place of detention or a place determined by investigative necessity. In the latter case, the prisoner shall be transported directly to the place of detention once the investigative necessity has been satisfied. The officer shall search the portions of his/her police vehicle in which a prisoner may be transported, both before and after transporting. The purposes of this requirement are to ensure officer safety and to establish cause for criminal prosecution for any evidence, weapons, or contraband found. 1022.4 INOPERABLE SEAT BELTS No person shall operate a Police Department vehicle in which any seat belt in the driver's position is inoperable. No person shall be transported in a seating position in which the safety restraint is inoperable. No person shall modify, remove, deactivate or otherwise tamper with the vehicle safety belts except for vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police. Employees who discover an inoperable restraint system shall report the defect to the Administrative Sergeant using the case management system. Seat Belt Use - 453 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Family and Medical Leave 1023.1 PURPOSE AND SCOPE To identify the City's policy in conformance with the Family and Medical leave Act of 1993. The City shall provide leave to eligible employees for qualified medical or family related reasons as outlined within the following procedures. See City of Meridian Policy 4.4 Family and Medical Leave - 454 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Body Armor 1024.1 PURPOSE AND SCOPE The purpose of this policy is to provide law enforcement officers with guidelines for the proper use of body armor. 1024.2 ISSUANCE OF BODY ARMOR The Meridian Police Department makes available funds for the purchase of protective vests for all sworn personnel. Only vests approved by and provided by the Meridian Police Department shall be purchased and worn. The Rangemaster shall ensure that body armor is issued to all officers when the officer begins service at the Meridian Police Department and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. The Rangemaster shall establish a body armor replacement schedule and ensure that replacement body armor is issued pursuant to the schedule or whenever the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised. 1024.2.1 USE OF SOFT BODY ARMOR Generally, the use of body armor is required subject to the following: (a) Officers shall only wear agency -approved body armor that is individually fitted to the officer. (b) Officers shall wear body armor anytime they are in a situation where they could reasonably be expected to take enforcement action. (c) Officers may be excused from wearing body armor when they are functioning primarily in an administrative or support capacity and could not reasonably be expected to take enforcement action. (d) Body armor shall be worn when an officer is working in uniform or taking part in Department range training. (e) An officer may be excused from wearing body armor when he/she is involved in undercover or plainclothes work that his/her supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor. (f) Officers shall wear body armor for preplanned events where time and practicality allow officers to obtain and put on an armor vest in anticipation of encountering armed and dangerous suspects or circumstances. These events include but are not limited to SWAT deployment, stakeout, felony warrant service, search warrant service where a felony suspect may be present, pre -planned high-risk situations including but not limited to search warrants, arrest warrants, high-risk traffic stops and pre -planned mass arrests. (g) Members who are assigned to plainclothes duty will keep their vest readily available. 1024.2.2 INSPECTIONS OF BODY ARMOR Supervisors should ensure that body armor is worn and maintained in accordance with this policy through routine observation and periodic documented inspections. Annual Body Armor - 455 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Body Armor inspections of body armor should be conducted by an authorized designee for fit, cleanliness and signs of damage, abuse and wear. 1024.2.3 CARE AND MAINTENANCE OF SOFT BODY ARMOR Soft body armor should never be stored for any period of time in an area where environmental conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient room temperature/humidity conditions), such as in automobiles or automobile trunks. Soft body armor should be cared for and cleaned pursuant to the manufacturer's care instructions provided with the soft body armor. The instructions can be found on labels located on the external surface of each ballistic panel. The carrier should also have a label that contains care instructions. Failure to follow these instructions may damage the ballistic performance capabilities of the armor. If care instructions for the soft body armor cannot be located, contact the manufacturer to request care instructions. Soft body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer, as noted on the armor panel label. Soft body armor will be replaced on a five year schedule in accordance with the manufacturer's recommendations. 1024.3 RANGEMASTER RESPONSIBILITIES The Rangemaster should: (a) Monitor technological advances in the body armor industry for any appropriate changes to Department approved body armor. (b) Assess weapons and ammunition currently in use and the suitability of approved body armor to protect against those threats. (c) Provide training that educates officers about the safety benefits of wearing body armor. Body Armor - 456 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Employee Identification/Prox Cards 1025.1 PURPOSE AND SCOPE The City Provides employee identification/prox card that must be worn and visible at all times while working. The cards are the property of the City of Meridian and must be returned upon separation of employment. Every employee of the City shall be issued an identification card (ID). All regular full and part time employees shall receive an ID card that is also a prox card (ID/Prox card) for access to City Hall for certain times of the day and location within the building. 1025.2 AUTHORITY & RESPONSIBILITY (a) Employees shall visibly display their ID or ID/Prox Card at all times and when the employee is on duty and if requested by another member of the public to see the card shall show it to them. (b) Exemptions from wearing the ID or ID/Prox card may be approved by the Department Director for safety purposes, such as undercover police officers, maintenance personnel, etc. (c) Employees must wear their ID or ID/Prox card in City Hall at all times, unless exempted. (d) Employees may not put pins in or poke holes into the cards. (e) Human Resources shall issue the ID and ID/Prox cards to employees. (f) If an employee forgets their ID/Prox card they may request a temporary for the day. A continuing need for a temporary may be referred to the employee's supervisor. (g) Employees may get a replacement for a lost ID card or ID/Prox card and pay the appropriate charge. (h) Damaged, stolen, worn out cards may be replaced for no charge. (i) The City may at its discretion require the employee to acquire a new card due to changes in the employee's appearance. (j) The employee's supervisor, Department Director, Human Resources, or the Mayor may demand the surrender of an ID or ID/Prox card. (k) If an ID or ID/Prox card is lost or surrendered for any purpose as described in this policy, Human Resources must be notified immediately. 1025.3 POSSESSION AND USE OF DEPARTMENTAL PROXIMITY CARDS OR KEYS No member shall have in their possession a prox card for the police building that has not been issued to them. Prox card distribution to members shall be controlled by the Chief of Police or his designee. Exchange of prox cards or use by unauthorized persons is a serious breach of security and shall be treated as such. Members shall not, unless authorized for a legitimate police mission, have in their possession , keys to any building for which they do not have legitimate rights to possess. Employee Identfcation/Prox Cards - 457 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer Personnel Files 1026.1 PURPOSE AND SCOPE This section governs the maintenance, retention and access to Police Department Personnel files in accordance with established law. It is the policy of this Department to maintain the confidentiality of Police personnel records. 1026.2 MAINTENANCE OF OTHER PERSONNEL FILES Files which are maintained under the authority of the Chief of Police as a permanent record of an employee's employment with this department. (a) Department Personnel File: Files which are maintained under the authority of the Chief of Police as a permanent record of an employee's employment with this department. (b) Division File: Any file, which is separately maintained by an employee's supervisor(s) within an assigned division for the purpose of completing timely performance evaluations. (c) Training Files: Any file that documents the training records of an employee. (d) Internal Affairs Files: Those files, which contain complaints of employee misconduct and all materials relating to the investigation into such allegations, regardless of the disposition. 1026.3 CONFIDENTIALITY OF ALL PERSONNEL FILES All of the above -defined personnel records shall be deemed confidential and shall not be subject to disclosure except pursuant to the public records laws, discovery or a court order. Request for Disclosure: All requests for the disclosure of any information contained in any police department personnel record shall be promptly brought to the attention of the Chief of Police, the Custodian of Records, City Attorney, or other supervisor charged with the maintenance of such records. Upon receipt of any such request, the responsible supervisor shall notify the affected employee as soon as practical in writing that such a request has been made. The responsible supervisor shall further ensure that an appropriate response to the request is made in a timely manner, according to law, after authorization from the city attorney. All requests for disclosure that result in access to an employee's personnel file shall be logged in a corresponding file by human resources. Employee Access to Own File: Any employee may request access to his/her own personnel file during the normal business hours of the individual responsible for maintaining such files. Employees are restricted from accessing the following files: (a) Background information, letters of recommendation and initial entry level test results. (b) Ongoing internal investigations pending final disposition or notice to the employee of intent to discipline. Officer Personnel Files - 458 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer Personnel Files (c) Internal Affairs files which have not been sustained against the employee to the extent that such files contain confidential information. (d) Legal opinions or memorandums generated by an attorney acting on behalf of the City, unless authorized by the attorney or the Mayor and City Council. (e) Employees are allowed to have copies of items in their personnel file, but may not remove anything from the file. Release of Confidential Files: Except as provided by this policy or pursuant to lawful process, no information contained in any confidential police department personnel record shall be disclosed to anyone without authorization of the Chief of Police or his/her designee, and the city attorney. The disposition of any citizen's complaint shall be released to the complaining party within 30 days of the final disposition. This release shall be limited to the disposition and shall not include what discipline, if any, was imposed. The Department may also release any factual information concerning a disciplinary investigation of a member who is the subject of an investigation. If that member or member's representative publicly makes a statement which is published in the media and which the officer or representative knew to be false. The disclosure of such information, if any, shall be limited to acts, which refute any such false statement. At the discretion of the Chief of Police the facts of complaints and the subsequent findings, without any names, may be released as an internal document for purposes of effective management. 1026.4 PERSONNEL FILE TYPES Police Department personnel files may be stored in several locations throughout the Police Department as described below: (a) Department Personnel File: The department personnel files may contain, but is not limited to, the following: 1. Copies of performance evaluation reports regularly completed by appropriate supervisor and signed by the affected employee shall be permanently maintained. (Originals are maintained by the City, Department of Human Resources.) 2. Complaints that are deemed other than sustained shall not be placed in the employee's Department file, but will be kept in separate IA files in the office of the Chief of Police or his designee. All other complaints will be maintained in the employee's personnel file for the required time period. 3. Adverse comments, such as supervisor log entries, may be retained in the Department file or Division file after the employee has had the opportunity to read and initial the comment for a period up to five years. 4. Copies of commendations shall be retained in the employee's department file with a copy provided to the involved employee's. (Originals are maintained by the City, Department of Human Resources.) 5. Personnel action reports reflecting assignments, promotions and other changes in the employee's employment status may be placed in the file. 6. A photograph and a complete set of fingerprints of the employee. (b) Division File: The Division File should contain, but is not limited to, the following: Officer Personnel Files - 459 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Officer Personnel Files Supervisor log entries, notices to correct, and other materials intended to serve as a foundation for the completion of timely Performance Evaluations. 2. All materials intended for this interim file shall be provided to the employee prior to being placed in the file. 3. Duplicate copies of items, which will also be included in the employee's Department Personnel file, may be placed in this interim file in anticipation of completing any upcoming Performance Evaluation. 4. Once the permanent Performance Evaluation form has been made final, the underlying foundational material and/or duplicate copies may be purged in accordance with this policy. 5. All rules of confidentiality and disclosure shall apply equally to the Division File. (c) Training Files: Records of all training (original or photocopies of available certificates, transcripts, diplomas, and other documentation) and education. 1. It is the responsibility of the involved employee to provide training, or custodian of training files, with evidence of completed training/education in a timely manner. 2. The Training Coordinator shall ensure that copies of such training records are placed in the employee's Department training file. (d) Internal Affairs File: The Internal Affairs file shall be maintained under the exclusive control of the Administrative Staff in conjunction with the Office of the Chief of Police. The Chief of Police or Deputy Chief, only, may approve access to these files. These files shall contain: 1. The complete investigation of all complaints of employee misconduct, regardless of disposition. 2. Each investigation file shall be sequentially numbered in a numbering system different than all other Meridian Police Department reports. 3. Each investigation file arising out of a citizen's complaint and investigation files arising out of internally generated complaints shall be maintained no less than five years after the employee terminates their employment with the City of Meridian. 4. Findings which, are sustained, shall only be used in progressive disciplinary procedures for three years after the finding. (e) Workman's Compensation Files: Originals of all reports are forwarded to the City Human Resource Office. Copies shall be maintained under the control of the Administrative Staff. 1026.5 PURGING OF FILES Each supervisor responsible for completing the employee's Performance Evaluation shall determine whether any prior sustained disciplinary file should be retained beyond the three year period for reasons other than pending litigation or other ongoing legal proceedings. Officer Personnel Files - 460 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personnel Information 1027.1 PURPOSE AND SCOPE While it is necessary for this office to have timely and accurate information about its members, it is also important to protect that information from unauthorized distribution. All members should respect the privacy of other members and constantly strive to protect sensitive information from disclosure. 1027.2 ADMINISTRATIVE REQUIREMENTS Personnel Addresses, Telephones and Rosters Employees must maintain telephone service. If telephone service is interrupted temporarily, the member should make other arrangements through which the member may be contacted and should advise the supervisor. Employees shall keep this office advised of their current home address and telephone number. Any change in the information will be submitted to the employee's Division Commander, The Office of the Chief and the Human Resources Department within one business day. No member shall produce or possess any written listing of member names, addresses, and/or home telephone numbers except under the following circumstances: (a) The Human Resources Department may create name, address, and telephone lists for the Meridian Police Department, City of Meridian, Department Directors and Command Staff. (b) Command Staff and designees may possess a list of names and telephone numbers when deemed necessary for the course of business. All such listings will be kept in a secure place and not posted in any area where they may be viewed by the public. This policy also does not regulate the voluntary personal exchange of telephone numbers or addresses between Meridian Police Department employee's Personnel Information - 461 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Request for Change of Assignment 1028.1 PURPOSE AND SCOPE It is the intent of this department that all requests for change of assignment are considered equally. To facilitate the selection process, the following procedure is established whereby all such requests will be reviewed on an equal basis as assignments are made. 1028.1.1 REQUEST FOR CHANGE OF ASSIGNMENT/NO OPEN POSITIONS Personnel wishing a change of assignment from their current position when no open positions are available should complete a letter to the Chief of Police. The letter should then be forwarded through the chain of command with an acknowledgment from their Supervisor, Division Commander and Deputy Chief. 1028.2 REQUEST FOR CHANGE OF ASSIGNMENT/OPEN POSITIONS Personnel wishing a change of assignment for an open position are to complete a letter to the Chief of Police through the chain of command. 1028.2.1 PURPOSE OF THE LETTER/OPEN POSITIONS The letter is designed to aid employees in listing their qualifications for specific assignments. All relevant experience, education and training should be included when completing the letter. Assignments an employee is interested in should be listed in the letter. The Request for Change of Assignment letter will remain in effect during the process in which a position is filled. After the position is filled, employees still interested in new positions will need to complete and submit a new Change of Assignment Request letter. 1028.2.2 PURPOSE OF THE LETTER/NO OPEN POSITIONS When requesting a change of assignment from their current position when no openings are available the letter should articulate the reason for request of transfer. 1028.3 SUPERVISOR'S COMMENTARY The officer's immediate supervisor shall make appropriate comments and attach them to the letter before forwarding it to the Division Commander of the employee involved. In the case of patrol officers, the Division Commander must comment on the request with his/her recommendation before forwarding the request to the Deputy Chief and Chief. If the Watch Commanderdoes not receive the Change of Assignment Request Form, the Division Commander will initial the form and return it to the employee without consideration. Request for Change of Assignment - 462 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Education Assistance 1029.1 PURPOSE AND SCOPE To establish guidelines regarding educational reimbursement provided by the City. The City will assist regular full-time employees by contributing to the cost of approved courses taken at accredited institutions as outlined within this policy. See City of Meridian Policy 5.4 Education Assistance - 463 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Employee Commendations 1030.1 PURPOSE AND SCOPE To establish a uniform method of recognizing and rewarding members of the Meridian Police Department for their outstanding conduct, achievement or action resulting from the performance of their duties, as well as establishing the types of awards and the criteria for obtaining a particular reward. 1030.2 WHO MAY MAKE COMMENDATIONS A written commendation may be made by any supervisor regarding any other employee of this department, provided the reporting person is superior in rank or is the person in charge of the individual being commended. Additionally, investigating officers may commend uniformed officers for exceptional assistance in investigative functions, with approval from the investigator's supervisor. Any employee may recommend a commendation to the supervisor of the employee subject to commendation. 1030.2.1 COMMENDATION DEFINED For the purpose of this section a commendation includes the describing and detailing of positive or exemplary behavior of a subordinate by a supervisor such that the subordinate is nominated for recognition by the department in a formal manner and in front of the member's peers. 1030.3 COMMENDABLE ACTIONS A meritorious or commendable act by an employee of this department may include, but is not limited to, the following: (a) Superior handling of a difficult situation by an employee (b) Conspicuous bravery or outstanding performance by any employee of this department (c) Any action or performance that is above and beyond the typical duties of an employee 1030.4 NOMINATIONS PROCEDURE Any member may nominate another member for an award and is encouraged to do so as soon as possible after a meritorious incident. (a) Nominations for a department commendation or award will be made on the department form. The forms can be obtained from the Division Commander. (b) The member who makes the nomination shall name the member and describe the incident and the actions of the member(s) on the form. (c) The nomination shall be routed to the office of the Chief of Police via the chain of command. 1030.5 AWARDS COMMITTEE The Awards Committee shall consist of both sworn and non -sworn members. (a) The majority vote shall determine the committee's decision and all committee members shall sign the nomination form. Employee Commendations - 464 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Employee Commendations (b) The committee may, within their exclusive discretion call witnesses to personally appear before them to more fully explain the facts and circumstances of the incident or the meritorious nature of the nominated person's acts. (c) The committee shall have the authority to change the class of award within criteria established for each award. 1030.6 PRESENTATION OF DEPARTMENT MEDALS AND AWARDS When an incident occurs that warrants the presentation of any award except the Achievement ribbons the procedure for their presentation will be as follows: (a) When an incident occurs, the Chief's office will be responsible for releasing the information concerning the incident to the news media. The officer involved in the incident or accomplishment will be named. (b) The formal presentation of all medals and awards earned by officers and civilian employees will normally be made annually in January at the Department's Award meeting. Those persons to receive an award will be invited by the Chief of Police to attend a presentation of the award. (c) Achievement awards will be issued to the member on successful completion of the prescribed course and the name of the member will also be added to the appropriate department recognition plaque. (d) A Chiefs commendation award may be issued by the Chief of police at any time to a member for outstanding performance that contributes to or promotes the City mission and/or the department mission. 1030.7 LEVELS OF COMMENDATION The levels of commendation listed in order for members of Meridian Police Department are: 1030.7.1 MEDAL OF HONOR This medal may be awarded to an officer who willingly and selflessly gives his life in the line of duty, or distinguishes himself by the performance of an act of courage involving risk or imminent danger to his life above and beyond the call of duty. There may be no margin of doubt or possibility of error in awarding this honor. The officer must endear himself conspicuous of an act so outstanding that it clearly distinguishes his courage for lesser forms of recognizable bravery. Criteria: (a) The recipient must have been a sworn officer of the Meridian Police Department when the incident occurred. (b) The recipient must have been acting within the law and Department regulations. (c) The recipient must have acted in the face of extreme personal danger, without hesitation or regard for his own well-being. (d) The recipient must have undertaken these actions willingly and with full knowledge of an imminent risk to his/her life. (e) The recipient's actions must have substantially contributed to the saving or attempted saving of a human life. Description of Medal: The Medal of Honor is a medal which contains the Idaho State Seal with the words "Medal of Honor" inscribed thereon. The medal is attached to a red, white Employee Commendations - 465 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Employee Commendations and blue tri -fold ribbon. In addition, a shirt ribbon with a centered letter "H" and with the colors red/white/blue, is provided for wear. 1030.7.2 MEDAL OF VALOR This medal may be awarded to an officer who willingly and selflessly in the line of duty, distinguishes himself by the performance of an act of bravery or heroism involving risk of imminent serious personal injury for the purpose of saving or protecting human life. Criteria: (a) The recipient must have been a sworn officer of the Meridian Police Department when the incident occurred. (b) The recipient must have been acting within the law and Department regulations. (c) The recipient must have acted in the face of personal danger, without hesitation or regard for his own life to prolong the life of another. (d) The recipient must have undertaken these actions willingly and with full knowledge of the grave risk of his own personal safety. Description of Medal: The Medal of Valor is a medal which contains the Idaho State Seal and the words "Medal of Valor" inscribed thereon. The medal is attached to a red tri -fold ribbon. In addition, a solid red shirt ribbon is provided for wear. 1030.7.3 POLICE STAR This medal may be awarded to an officer who, in the line of duty, distinguished himself by the performance of an act of courage involving personal hazard in protecting or saving human life, or a similar act which is necessary to effect an arrest or prevent the escape of a person who committed an act which seriously exposed any person to death or serious physical injury. Further, the Police Star may be awarded to an officer of the Department for performing a highly credible and unusual police accomplishment. Criteria: (a) The recipient must be a sworn officer of the Meridian Police Department. (b) The recipient must have been acting within the law and Department regulations. (c) The recipient's actions must be superior performance of duty. Description of Medal: The Police Star is a medal which contains the Idaho State Seal and the words "Police Star" inscribed thereon. The medal is attached to a blue tri -fold ribbon. In addition, a solid blue shirt ribbon is provided for wear. 1030.7.4 PURPLE HEART The Purple Heart may be presented by the Department to an officer who suffers a severe or disabling injury or death. Criteria: (a) The recipient must have been an officer of the Meridian Police Department when the incident occurred. (b) The recipient must have been acting within the laws and Department regulations. Employee Commendations - 466 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Employee Commendations (c) While engaged in the performance of his official duties, the recipient suffered death or serious physical injury, directly or indirectly attributable to the criminal or hostile acts of others. Description of Medal: The Purple Heart is a medal which contains the Idaho State Seal and the words "Purple Heart" inscribed thereon. The medal is attached to a purple tri -fold ribbon. In addition, a solid purple shirt ribbon is provided for wear. 1030.7.5 MERITORIOUS ACTION The Meritorious Action award may be issued by the Department to any member that distinguishes themselves in the performance of their duties and the furtherance of our department mission. The award is open to all members of the department. Criteria: (a) The recipient must have been a member of the Meridian Police Department when the incident occurred. (b) The recipient must have been acting within the laws and Department regulations. (c) The member exhibited behavior, which significantly furthered the accomplishment of the police mission. (d) This award may include those officers that were not directly involved, but did participate in or assisted in an incident for which a Police Star was recommended. Description of Ribbon: The Meritorious Action ribbon is a shirt ribbon which displays the colors blue/white/red/white/blue. 1030.7.6 SUPERVISOR OF THE YEAR The Supervisor of the year award is awarded to the supervisor who is selected by his/her peers for one or more of the following criteria: (a) Maintaining a high level of excellence in the performance of his/her duties throughout the year. (b) Demonstrating unselfishness in an effort to benefit others on a continual basis. (c) Demonstrating professionalism beyond the parameters of his/her job while being creative, innovative, flexible and adaptable to the department and community's needs. (d) Setting the example for others to follow by reflecting the department's mission statement and the city's core values. (e) Continually displaying a positive attitude which fosters a positive work environment for others. Description of Ribbon: The Supervisor of the year ribbon is a shirt ribbon which displays the colors red/blue/red. 1030.7.7 OFFICER OF THE YEAR The Officer of the year award is awarded to the officer who is selected by his/her peers for one or more of the following criteria: (a) Maintaining a high level of excellence in the performance of his/her duties throughout the year. Employee Commendations - 467 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Employee Commendations (b) Demonstrating unselfishness in an effort to benefit others on a continual basis. (c) Demonstrating professionalism beyond the parameters of his/her job while being creative, innovative, flexible and adaptable to the department and community's needs. (d) Setting the example for others to follow by reflecting the department's mission statement and the city's core values. (e) Continually displaying a positive attitude which fosters a positive work environment for others. Description of Ribbon: The officer of the year ribbon is a shirt ribbon which displays the colors blue/white/blue. 1030.7.8 EMPLOYEE OF THE YEAR The Employee of the year award is awarded to the employee who is selected by his/her peers for one or more of the following criteria: (a) Maintaining a high level of excellence in the performance of his/her duties throughout the year. (b) Demonstrating unselfishness in an effort to benefit others on a continual basis. (c) Demonstrating professionalism beyond the parameters of his/her job while being creative, innovative, flexible and adaptable to the department and community's needs. (d) Setting the example for others to follow by reflecting the department's mission statement and the city's core values. (e) Continually displaying a positive attitude which fostered a positive work environment for others. Description of Ribbon: The employee of the year ribbon is a shirt ribbon which display the colors green/white/green. 1030.8 CHIEF'S COMMENDATION The Chief's commendation awards are based on exceptional performance of duty, clearly above the normally expected, which has contributed materially to the success of a major project or field operation, in that: (a) The member's conduct was significantly superior to normal conduct. (b) The member demonstrated positive personal initiative and expertise. (c) The member exhibited conduct, which would tend to establish a positive role model for other members. (d) The member exhibited co-operative and productive behavior, which significantly furthered the accomplishment of the police mission. Description of Ribbon: The Chiefs Commendation ribbon is a shirt ribbon which displays the colors blue/gray. 1030.9 COMMUNITY SERVICE The Community Service award is for outstanding service to the community. This award is open to all members. Criteria: Employee Commendations - 468 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Employee Commendations (a) Involvement in community functions or activities. (b) Demonstrated active promotion of the Department mission. (c) Performance reflective of caring that demonstrates the City's core values. (d) Demonstrated willingness to make life better for those served in this community. (e) Demonstrated problem solving success for crime or quality of life issues. The criteria may include any two or more of the above listed areas in the nomination for the award. Demonstrated performance areas must be described in detail as to the member's actions regarding such. Examples of activities need to be provided at the time of nomination. The office of the Chief of Police may choose to recognize any member for their community service based on information received from community and/or city sources. Description of Ribbon: The community service ribbon is a shirt ribbon displaying alternating green and white stripes. 1030.10 UNIT CITATION The Unit Citation is presented by the Chief of Police to any unit in the department for exemplary performance and team work which furthered the mission of the department. Description of Ribbon: The Unit Citation Ribbon is a shirt ribbon which displays the colors white/black/white. 1030.11 ACHIEVEMENT RIBBONS The Meridian Police Department awards ribbons for the following achievements: (a) Northwestern University Center for Public Safety School of Police Staff and Command (SPSC) 1. Description of Ribbon: A shirt ribbon with the colors green/white/yellow/white/green. (b) Federal Bureau of Investigation National Academy (FBINA). 1. Description of Ribbon: A shirt ribbon with the colors black/gold/white/red/Blue with FBI and NA inscribed on the ribbon. 1030.12 PLACEMENT OF SHIRT RIBBONS All awards or decorations will be worn and displayed as follows: (a) Sworn members in Class A or Class B (metal badge and name tag plate) uniform: 1. Awards or decorations shall be centered and flush above the name -tag plate, over the right pocket. 2. Multiple awards may be aligned alongside each other in pairs centered above the name -tag plate with the highest award being the further most to the member's left. 3. In the instance of an odd number of awards the highest award will be placed at the top centered over the pair below. 4. Members who receive the same award more than once will be issued the respective ribbon with a star added for each additional award received. (b) Non -sworn members in Class A uniform: Employee Commendations - 469 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Employee Commendations 1. Awards and decorations shall be worn centered on the right side of the upper chest. 2. If the shirt has the member's name embroidered, the awards will be centered over the name and aligned as described above. Employee Commendations - 470 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Meal Periods and Breaks 1034.1 PURPOSE AND SCOPE This policy regarding meals and breaks, in so far as possible shall conform to the policy governing all City employees that has been established by the Mayor and Chief of Police. 1034.1.1 MEAL PERIODS Personnel on 10 -hour shifts: (a) Sworn employees shall remain on duty subject to call during meal breaks. (b) These meal breaks shall not exceed 30 minutes. (c) These breaks shall be part of the member's 10 -hour shift. (d) Uniformed patrol officers shall notify Ada County Dispatch Center prior to taking a meal period. (e) Uniformed officers shall take their breaks within the City limits unless on assignment outside of the City. Within each division meal breaks are to be taken at different times so that the division will continue to function during those hours. In planning meals, officers shall not take them during times of high call load or at the beginning or end of a shift. Supervisors may place restrictions on the time and locations that meals are taken. No compensations will be paid for missed meals. Police vehicles shall not be taken outside of Ada County for any meals. The time spent for the meal period shall not exceed the authorized time allowed. An entire team, shift or unit shall not take lunch together at the same location. Personnel on 8 -hour shifts: • Sworn and non -sworn employees who work eight -hours shifts are entitled to a one-hour unpaid lunch. • Typically personnel working eight hour shifts are not subject to immediate call. Note: SRO's by design under Meridian School District Contract work straight 8's with a paid half-hour lunch. 1034.1.2 15 MINUTE BREAKS Each employee is entitled to two 15 minute breaks whether working 8 -hour or 10 -hours shifts. No breaks shall be taken during the first or last hour of an employee's shift unless approved by a supervisor. Within each division breaks are to be taken at different times so that the division will continue to function during those hours. In planning breaks, officers shall not take them during times of high call load or at the beginning or end of a shift. Supervisors may place restrictions on the time and locations that breaks are taken. No compensations will be paid for missed breaks. Police vehicles shall not be taken outside of Ada County for any breaks. The time spent for the break period shall not exceed the authorized time allowed. An entire team, shift or unit shall not take a break together at the same location. Meal Periods and Breaks - 471 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Lactation Break 1035.1 PURPOSE AND SCOPE The purpose of this policy is to provide reasonable accommodations to employees desiring to express breast milk for the employee's infant child. 1035.2 POLICY It is the policy of the Police Department to provide, in compliance with the Fair Labor Standards Act, reasonable break time and appropriate facilities to accommodate any employee desiring to express breast milk for her nursing child for up to one year after the child's birth (29 USC § 207). 1035.3 LACTATION BREAK TIME A rest period should be permitted each time the employee has the need to express breast milk (29 USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any four-hour work period or major portion of a four-hour work period would be considered reasonable. However, individual circumstances may require more or less time. Lactation breaks, if feasible, should be taken at the same time as the employee's regularly scheduled rest or meal periods. While reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid. Employees desiring to take a lactation break shall notify Ada County Dispatch Center or a supervisor prior to taking such a break and such breaks may be reasonably delayed if they would seriously disrupt Police Department operations. Once a lactation break has been approved, the break should not be interrupted except in emergency or exigent circumstances. 1035.4 PRIVATE LOCATION The Police Department will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private, Such room or place should be in close proximity to the employee's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from co-workers and the public (29 USC § 207). Employees occupying such private areas shall either secure the door or otherwise make it clear that the area is occupied with a need for privacy. All other employees should avoid interrupting a lactating employee during an authorized break, except to announce an emergency or other urgent circumstance. Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area. 1035.5 STORAGE OF EXPRESSED MILK Any employee storing expressed milk in any authorized refrigerated area within the department shall clearly label it as such and shall remove it when the employee ends her shift. Lactation Break - 472 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Time Card Procedures 1036.1 PURPOSE AND SCOPE To set for the City's pay practices. 1036.1.1 AUTHORITY & RESPONSIBILITY Human Resources shall ensure that all employee information is accurate and up-to-date regarding rates of pay and automatic deductions. Supervisors are responsible to ensure that employees complete their time -sheets and submit them to Accounting by the cutoff date of each month. 1036.1.2 PAY PERIOD The pay period is monthly starting on the twenty-first of one month and ending on the twentieth day of the following month. Payroll checks and Direct Deposit Vouchers will be disbursed on the last working day of each month. 1036.2 PROCEDURES AND RELATED INFORMATION (a) Employees are paid monthly. The pay period ends the 20th day of each month and paychecks are issued by payroll on the last working day of each month. Paychecks will be distributed at the workplace prior to 5:00 p.m. on payday. (b) When an employee is absent on payday, his/her paycheck will only be released to another person if signed permission is presented to the supervisor. Otherwise, the check will be returned to payroll until the employee returns to work. (c) Mandatory withholding from an employee's wages is required by law and includes federal and state withholding taxes, social security tax (FICA) and Medicare, and PERSI retirement contributions. Other deductions may include court -mandated withholdings. (d) Automatic Deductions- In order for the employee's share of insurance premiums to be deducted, or for the automatic deposit of an employee's paycheck to be transferred to a local financial institution, the employee must provide written authorization to the City. 1036.3 FEDERAL AND STATE WAGE -HOUR LAWS Human Resources may classify some employees as exempt from hourly wage status per Federal and State Wage -Hour Laws. Overtime provision: Employees must be paid overtime (equal one and one half of their regular hourly rate) for hours worked over 40 hours per workweek. Vacation and Sick leave cannot be used to exceed a 40 hour work week. 1036.4 MONTHLY PAYROLL PROCESS New Employee information, active employee changes, salary changes, benefit and deduction changes, for employees are submitted to the Human Resource Department. In order for the changes to be reflected on the next paycheck you must submit your changes Time Card Procedures - 473 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Time Card Procedures to HR 2 weeks prior to the actual pay date. Also note that the IRS allows the employer 30 days to change W -4s. Payroll benefits and deductions are made for the current month. 1036.4.1 TIME CARD DEADLINE (a) All time cards are to be submitted by the 21st of each month. We do allow two extra days for weekends and shift work. (We will have exceptions when holidays, weekends, or vacations shorten our processing time since we have to have payroll done two days prior to pay date in order to transfer funds.) (b) Supervisors must approve the time cards they are responsible for by the third day following the 20th of each month. 1036.4.2 TIME CARD REVIEW Each supervisor will review the time -sheets to verify: (a) Accuracy- the employee did work the time recorded. (b) Recorded time for sick, vacation, holiday, FMLA, leave of absence, workers compensation and other approved time are in the appropriate columns. (c) Corrections- if an error is discovered the supervisor can make the correction and note the change in the Comment section of the time -card. After the time -card has been approved an email will automatically be sent back to the employee indicating the change. The supervisor can also "Un -Submit" the time -sheet and have the employee make the change then resubmit for approval. (d) If the error is not discovered or the correction cannot be made in time for the current payroll the correction will be made on the next regularly scheduled payroll. If you discover an error it is important that you notify the Payroll Administrator immediately. 1036.5 TIME -SHEET ELECTRONIC APPLICATION To access this application you can type in "time -sheet" in the address bar of the web browser or go to the "intranet" and under Finance you'll find a tab for Payroll with a link to the time -sheet application. 1036.6 RULES All employees must submit their electronic time -sheet by the third working day following the 20th of each month in order to receive paychecks on the last working of the month. Some employees will have to use a paper time -sheet rather than the electronic version: seasonal employees (those that don't work every month) and flex employees that split a workday to begin their workweek. To access your time -sheet you will have to be logged into the computer under your City of Meridian user -name, assigned by the IT department. Your time must be recorded in 15 minute increments. Such as: 25 equal 15 minutes 5 equals 30 minutes 75 equals 45 minutes Time Card Procedures - 474 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Time Card Procedures You must enter your time each workday unless you are an exempt employee. Exempt employees are only required to record time off, such as: sick, vacation, jury duty, bereavement, FMLA, workers comp, etc. Your electronic time -sheet will be set up by the Payroll Administrator, initiated by the PAR form received from HR. At that time Payroll will assign an approver (your direct supervisor) and a backup approver (probably the department director). To change the approver for any employee you will have to notify the Payroll Administrator. You only "Submit Time -sheet" once a month, you should submit it on your last work day of the pay period. If you submit accidentally or prior to the last work day of the pay period, you should contact your supervisor and they can go into the "Administration" tab to "un -submit" your time -sheet. It will then be available again for you to update and change. You will then have to "submit" it again after you have made the changes or at the end of the pay period. The Payroll Administrator also has the authority to "un -submit" your time -sheet along with the Department Directors if your supervisor is unavailable. (a) Court Overtime: for Police officers that are required to report to court on a scheduled day off, the time is to be recorded in the "Court Appearance" column on the time -sheet. 1. Court time cannot be accrued on weekends (no courts in session) 2. Court time will be paid with a two hour minimum (b) Stand by Pay for those approved you will be compensated for taking home the assigned pager or cell phone as follows: 1. Regular Scheduled Work Day - one hour of pay to be recorded in the "Stand by pay" column. 2. Regular Scheduled Day Off - two hours of pay to be recorded in the "Stand by pay" column. 3. Holidays- four hours of pay to be recorded in the "Stand by pay" column. 4. If you are called into work while on standby, those hours of actual work time are to be recorded in the "Hrs. worked" column, to reflect your total actual hours worked for that day. Jury Duty is to be recorded on the time -sheet in the "Other" column along with a comment explaining the hours. You will still accrue vacation and sick leave while on Jury Duty. When you receive a check for Jury Duty, you must turn the check over to the City. The City will reimburse you for your mileage and the City will receipt and deposit the remainder of the check. FMLA (Family & Medical Leave) time off taken under the FMLA act is to be recorded in the "FMLA" column, along with a comment. You will not accrue vacation or sick leave while on FMLA or LOA (Leave of Absence) or Workers Comp. If you're taking vacation or sick leave during this time record the hours in the appropriate column, i.e.: vacation or sick. If you are also working part-time during this time, record the actual hours at work in the "Hrs. Worked" column. STD (Short term disability) Leave & Workers Comp Leave: has to be pre -approved through HR. Payroll would like the employee to record these unpaid hours in the column "Unpaid". Then payroll will work with you to determine if you need to record any hours of sick or vacation leave in order to receive a full months pay. Time Card Procedures - 475 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Time Card Procedures Vacation & Sick Leave cannot be taken to exceed a 40hr workweek. If your total hours to be paid exceed the 40hrs in one workweek and you have recorded vacation or sick hours during that week, you will have to reduce your vacation or sick hours before you can save your time -sheet. Time Card Procedures - 476 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Overtime, On -Call and Emergency Call -Out Compensation 1038.1 PURPOSE AND SCOPE To outline and identify eligibility for overtime compensation and the City's policy regarding accumulation and payment of overtime. The City shall provide overtime compensation in accordance with the Fair Labor Standards Act as outlined within this policy. To provide guidelines regarding employees being on-call and being called out to perform emergency work beyond normal working hours. 1038.2 AUTHORITY & RESPONSIBILITY Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible to ensure that proper tracking of hours worked is made for all employees for whom they are responsible. 1038.3 PROCEDURES AND RELATED INFORMATION (a) Exempt Employees - All executive, administrative or professional employees who qualify, as exempt employees under the Fair Labor Standards Act (FLSA) will be paid in compliance with the requirements of the FLSA. Exempt employees are not eligible for overtime compensation. However, in recognition of the extra time demands required of certain exempt positions, occasionally paid time may be taken when approved by the department head and/or the Mayor. (b) Non -Exempt Employees - All non-exempt, non -represented employees will be paid time at one and one-half the regular rate for hours worked in excess of 40 hours within the seven day workweek as defined in this policy. Overtime must be approved in advance by the employee's supervisor and will be approved only when absolutely necessary. Questions about overtime should be directed to your supervisor or the Payroll office. (c) Compensatory Time - Compensatory time is time in lieu of monetary overtime compensation, which is given at a rate of not less than one and one-half hours for each hour of overtime worked. The City does not recognize nor allow compensatory time in lieu of overtime payment. (d) Hours Worked and Work Period Defined - According to the Fair Labor Standards Act, only actual hours worked are computed for the purpose of determining hours worked for overtime calculation. In other words, vacation, holiday, or sick time, though typically compensated, is not counted when computing hours worked in a workweek for purposes of calculating overtime. Every employee shall have a designated work period. The work period for all regular full-time employees who are subject to the Fair Labor Standards Act (FLSA) shall be 8, 9 or 10 hours and the established work period shall be 40 hours. Workweeks will be one of the following: Begin at 12:00 (midnight) on Sunday of each week and conclude at 11:59 p.m. on the succeeding Saturday, or Overtime, On -Call and Emergency Call -Out Compensation - 477 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Overtime, On -Call and Emergency Call -Out Compensation Begin 12:00 noon on Friday conclude on the succeeding Friday at 11.59 a.m.; or Begin 12:00 noon on Monday and conclude on the succeeding Monday at 11:59 a.m. Operational demands and staffing levels may require a work period with different starting and ending days. The department head must approve any changes in scheduling of hours or designating a different workweek. A compressed workweek authorization form signed by the employee, supervisor and the department head must be forwarded to Human Resource Department for the employee's personnel file. 1038.4 SUPERVISOR RESPONSIBILITY All requests to work overtime must be approved by a supervisor in advance of overtime work. If unusual circumstances do not permit prior approval, then approval shall be sought as soon as practical during the overtime shift and in no case later than the end of the shift in which the overtime is worked. The approving supervisor shall verify that the overtime was worked. Court overtime does not require prior approval. Overtime work required to meet an emergency situation such as minimum staffing, call -load, does not require advance approval, but must be approved by the immediate supervisor. All overtime must be documented on an overtime slip by the member and submitted for approval. As overtime incurs an additional expense, the supervisor may alter an employee's work schedule within the workweek to avoid or minimize overtime. For example, if an hourly employee works two extra hours on a day(s) during the workweek, the supervisor may reduce his/her schedule within the current workweek by two hours to result in the employee not working more than forty (40) hours. This schedule adjustment must occur during the current workweek and the time cannot be "flexed" off in any subsequent workweeks. 1038.5 OVERTIME FOR COMPLETING REPORTS When it is necessary to go on overtime pay status for the completion of reports investigated during the normal tour of duty, the reporting member shall contact his immediate supervisor and advise him of the need. The supervisor, at his discretion, may give permission for the report to be filed on the following tour of duty or may authorize overtime pay in cases of field arrests. Supervisors are directed to review and approve all their teams reports during their shift. Under some circumstances (call load) reports from prior shifts, may be approved by the oncoming supervisor. The exception to this rule would be if a supervisor is investigating a Use of Force, Pursuit, or Complaint and must review all the reports and related documentation as part of the review process. This should not be left to a different supervisor. 1038.6 COURT COMPENSATION (a) Court time required to be spent in court on job related matters on member's time off shall be considered overtime and shall be paid overtime for the actual time taken for the court appearance, or two hours, whichever is greater. (b) If an officer is under subpoena for a "Preliminary Hearing" to appear in court and is on his/her off time and that subpoena is not canceled within 24 hours of the hearing the officer shall receive two hours of court overtime. (c) Jury Trials or Grand Jury Hearings in which the officer is required to be on "stand by" on his/her day off and be prepared to respond to testify in court within thirty minutes will be paid over -time for those hours. (d) Court time during regular shifts will be paid at the member's hourly rate. Overtime, On -Call and Emergency Call -Out Compensation - 478 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Overtime, On -Call and Emergency Call -Out Compensation Note: All court overtime will always be recorded in the "Court Appearance" column on the time -sheets for payroll. 1038.7 ON CALL -CALL OUT On Call Period: (a) On-call hours are defined as those beyond the employee's normal work schedule, including City recognized holiday. (b) An on-call employee forfeits their on-call duty if he/she calls in sick or goes home sick. The Supervisors shall be notified and may arrange alternate coverage. An employee may retain their on-call duty if the employee uses sick leave to attend an appointment during work hours and will be available for on-call duty at the end of their normal workday. If an employee simply has an appointment but is not ill they may keep their On-call duty but are required to call the office before 5:00 PM to be updated on pertinent information. (c) Failure to respond to request for assistance or to respond within the time specified can be the subject of discipline up to and including termination. This applies to both on-call assignments and call -out response. (d) Any employee on-call must respond within thirty (30) minutes of the request of assistance. (e) Consume no alcohol. 1038.7.1 ON CALL -CALL OUT COMPENSATION On call is a mandatory job requirement for certain positions. Although it is a condition of employment, the City of Meridian does recognize that being on-call may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: (a) Regularly Scheduled Workday- 1 hour per day, (b) Regularly Scheduled Day Off - 2 hours per day, (c) Holidays - 4 hours per City -recognized holiday. All "on-call" time will be compensated as "Stand by pay" on the employee's time sheet. The time will not count as hours worked for Fair Labor Standards Act (FLSA) purposes and cannot be paid or counted toward pay at an overtime rate. The employee will be paid their straight time for the specified amount. Weekdays and Weekends refer to the calendar days not the employee's schedule. Most "on-call" schedules will be consistent with the employee's regularly scheduled work week, but may be altered at the discretion of the supervisor or Department Director. Call out is also a mandatory job requirement for certain positions. If an employee is called to return to work it is only at the discretion of the supervisor, not the employee, to excuse the employee from returning to work: Minimum of one hour straight time, Remaining time to be added to the employee's standard work week. The on-call employee will be compensated at their actual hourly rate until the completion of the event giving rise to the call out. Compensation for call outs begins when the employee leaves their location to respond and ends when the need for the call out ends and the employee returns to their original location or has the ability to return if the employee chooses to go elsewhere. Overtime, On -Call and Emergency Call -Out Compensation - 479 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Overtime, On -Call and Emergency Call -Out Compensation Other paid leave (sick or annual) and holidays do not count toward the 40 hours in accordance with the FLSA. 1038.8 MANDATORY MEETINGS Employees who are ordered to attend mandatory meetings and the time and date of the meeting falls on the employees time -off the employee shall be paid overtime compensation unless the employee has taken sick or vacation time during the work week then straight time will be compensated. 1038.9 TRAINING CLASSES Employees required to attend law enforcement training classes, other than the Idaho Police Officer Academy, to further police professionalism, at a time other than their regular scheduled work shifts shall be compensated as per the overtime policy listed in this manual, only if the total hours worked in that work period exceed 40 hours and no sick or vacation time has been taken during the work week. In that case straight time will be compensated. Overtime, On -Call and Emergency Call -Out Compensation - 480 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Secondary Employment 1040.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines to govern off-duty and secondary employment by officers/employees employed by Meridian Police Department. The policy of Meridian Police Department is to allow off-duty or secondary employment where the officer/employee is in good standing with the department, and where such off-duty or secondary employment is appropriate, meets the criteria established in this policy, and protects the welfare, accountability, and efficient operation of the Meridian Police Department, Meridian officers, the City of Meridian, and the community. 1040.1.1 DEFINITIONS Secondary Employer: Any person or entity that employs for any service, labor, or position an off-duty officer/employee employed by the Meridian Police Department. A Secondary Employer may be a public, private, commercial, for-profit, or non-profit person or entity. Secondary Employment: The provision of any service or labor, or occupation of any position, by an off-duty officer/employee employed by the Meridian Police Department to a Secondary Employer. This definition shall include services provided for monetary, in-kind, or tangible payment or benefit, services provided on an unpaid basis, and services provided for an intangible payment or benefit. This definition shall not include volunteer work undertaken by an officer or employee for or on behalf of a charitable organization. Law Enforcement -Related Secondary Employment: Employment undertaken by an off-duty officer/employee employed by the Meridian Police pursuant to such police officer's/employee's formal or informal agreement with a Secondary Employer to do so, where such employment is conditioned on, or typically requires as a substantial component of, the actual or potential use of law enforcement powers or skills by the police officer employee, such as traffic control, crowd control, or security, or guarding, patrolling, or protection of persons and/or property. Non -Law Enforcement -Related Secondary Employment: Employment undertaken by an off-duty officer/employee employed by the Meridian Police Department pursuant to such police officer's formal or informal agreement with a Secondary Employer to do so, where such employment is not conditioned on, and does not typically require as a substantial component of, the actual or potential use of law enforcement powers or skills by the police officer employee. 1040.2 PROCEDURES All Secondary Employment: The following terms, conditions, standards, and criteria shall apply to any and all Secondary Employment, whether Law Enforcement -Related Secondary Employment or Non -Law Enforcement Related Secondary Employment: (a) Prior to accepting an offer of employment from a Secondary Employer, the officer/employee shall complete form MPD -28 and obtain approval by the Chief of Police by submitting such form through the departmental chain of command. (b) An officer/employee shall be eligible for approval for Secondary Employment only if he or she is in good standing with the department, continued eligibility for approval of Secondary Employment - 481 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Secondary Employment Secondary Employment shall be contingent on such good standing. Suspension or revocation of Secondary Employment approval may be included as a term or condition of sustained discipline. (c) Officers who have not completed their introductory period shall not be eligible to engage in Secondary Employment. (d) Upon approval of Secondary Employment, unless otherwise indicated in writing, such approval shall be effective through December 31 of the calendar year in which the approval is provided. An Meridian Police officer or employee seeking to renew such approval shall do so by submitting a new form MPD -28 and obtaining approval by the Chief of Police through the departmental chain of command. (e) Upon denial or revocation of approval of Secondary Employment, the affected Meridian Police officer/employee may file one (1) written notice of appeal to the Chief of Police within ten (10) calendar days of the date of such denial or revocation. The Chief of Police shall review the notice of appeal and either reverse or affirm the denial. If the Chief affirms the denial or revocation, the affected Meridian Police officer/employee may file one (1) written notice of appeal with the Director of Human Resources within ten (10) calendar days of the affirmation of denial or revocation. The decision of the Director of Human Resources on the matter shall be a final decision. (f) An officer/employee who is on medical, sick, or other leave due to illness, temporary disability, or injury shall not be eligible to engage in Secondary Employment. g. Permission and/or approval of Secondary Employment may be revoked where it is determined by the Chief of Police that such Secondary Employment is contrary to the best interests of the Meridian Police Department or the City. (g) An officer/employee may work a maximum of twenty-four (24) hours of Secondary Employment per week, or a total of sixty (60) hours in combination with Meridian Police duty per week. (h) An officer/employee shall sleep for at least seven (7) hours between any work provided for or on behalf of a Secondary Employer and going on duty with the Meridian Police Department. (i) Any work undertaken for or on behalf of a Secondary Employer shall occur while the Meridian Police officer/employee is off duty. No Meridian Police officer/employee may utilize City resources of any kind for any purpose related to Secondary Employment, including but not limited to City uniform, badge, personnel, computers, printers, Internet access, e-mail, supplies, financial resources, logo, name, telephones, or fax machines. All City -owned and City -issued equipment and assets shall be used solely for advancing the City's operational purposes. Q) Work hours for any Secondary Employment must be scheduled in a manner that does not conflict with or interfere with the officer's/employee's performance of his or her primary duties and/or obligations to Meridian Police Department and the City. (k) A police officer who is on call for the Meridian Police Department while engaged in Secondary Employment is expected to, and shall, immediately leave his or her Secondary Employment in case of call -out. (1) Any Meridian Police officer making an off-duty arrest or taking any official police action while engaged in Secondary Employment shall follow strictly any and all applicable policies, procedures, and protocols regarding off-duty officer action. (m) Meridian Police officers/employees approved for Secondary Employment expressly agree that their personal financial records and/or time records may be requested and audited for potential conflicts of interest at any time, including prior to providing Secondary Employment - 482 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Secondary Employment approval for Secondary Employment, during the course of Secondary Employment, and/or after the conclusion of Secondary Employment. Failure to provide such records upon Meridian Police Department request may result in denial or revocation of Secondary Employment. (n) If, for any reason, an Meridian Police officer/employee engaged in approved Secondary Employment terminates his or her Secondary Employment or is terminated from such Secondary Employment, such officer/employee shall, within forty-eight (48) hours, submit written notification of such termination to the Chief of Police through the departmental chain of command. (o) Any Meridian Police officer/employee engaged in approved Secondary Employment shall, within forty-eight (48) hours, submit written notification of any material change in such Secondary Employment, including, but not limited to, the number of hours, type of duties, or demands thereof. Officers/employees uncertain whether a change is material are advised to report such change. (p) Any approved Secondary Employment is considered to be a privilege, not an entitlement. Secondary Employment shall not be subject to any collective bargaining process. If, at any time during the term of validly approved Secondary Employment, an employee's conduct or Secondary Employment conflicts with this policy or any other policy or interest of Meridian Police or the City of Meridian, such approval may be suspended or revoked without notice. 1040.2.1 LAW ENFORCEMENT -RELATED SECONDARY EMPLOYMENT Meridian officers may engage in Law Enforcement -Related Secondary Employment where, in addition to the general criteria for any Secondary Employment. The Law Enforcement -Related Secondary Employment shall present no actual or potential conflict of interest between duties as a law enforcement officer/employee and duties for the Secondary Employer. Secondary Employment prohibited due to such actual or potential conflict of interest shall include, but shall not be limited to, the following examples: (a) Employment as a private investigator within Ada County or any county contiguous thereto. (b) Employment involving the service or sale of alcoholic beverages for on -premise consumption. (c) Employment involving the sale, manufacture, or transport of alcoholic beverages as its principal business. (d) Employment as a process server, repossessor, or bill collector. (e) Employment by a bail bond agency. (f) Employment by a Secondary Employer who has been convicted of a felony. (g) Towing of vehicles. (h) Any employment in which police authority is or may be used to locate and/or collect money, persons, or merchandise for private purposes. (i) Employment involving personnel investigations for the private sector. (j) Any employment that does or may require access to police information, files, records, or services. (k) Employment that assists, in any manner, preparation of a case for the defense in any criminal action. Secondary Employment - 483 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Secondary Employment (1) Employment that assists, in any manner, preparation of a case for either side in a civil action or proceeding. (m) Employment by or work for a business or labor group that is on strike, or at the site of a strike, lockout, picket, or other physical demonstration of a labor dispute. (n) Employment within an occupation or area that is regulated by or licensed through any law enforcement agency or board. (o) Employment as a peace officer for any other law enforcement or public agency. The Chief of Police has the ability to grant an exemption from this on a case by case basis. The Law Enforcement -Related Secondary Employment shall not constitute a threat to the status or dignity of law enforcement as a professional occupation. Secondary Employment prohibited due to such threat shall include, but shall not be limited to, the following examples: Any establishment that, as its principal business, sells pornographic books or magazines, sexual devices or videos, or that otherwise provides entertainment or services of a sexual nature. Employment involving the sale, manufacture, or transport of alcoholic beverages as its principal business. Any gambling establishment. The Law Enforcement -Related Secondary Employment shall not involve the Meridian officer's on -duty prestige or influence for private gain or advantage. The Law Enforcement -Related Secondary Employment shall not involve the Meridian Police officer's receipt or acceptance of any money or other consideration from anyone other than Meridian Police Department or the City of Meridian for the performance of any act that the Meridian Police officer would be required or expected to render in the course and scope of his or her employment as an Meridian Police officer. The Law Enforcement -Related Secondary Employment shall not involve the performance of any act that may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other Meridian Police officer or City of Meridian employee. 1040.3 OUTSIDE EMPLOYMENT WHILE ON DISABILITY Members of this department engaged in outside employment who are placed on disability leave or modified/light-duty shall inform their immediate supervisor in writing within five (5) days whether or not they intend to continue to engage in such outside employment while on such leave or light-duty status. The immediate supervisor shall review the duties of the outside employment along with any related doctor's orders, and make a recommendation to the Chief of Police whether such outside employment should continue. In the event the Chief of Police determines that the outside employment should be discontinued or if the employee fails to promptly notify his/her supervisor of his/her intentions regarding their work permit, a notice of revocation of the member's permit will be forwarded to the involved employee, and a copy attached to the original work permit. Criteria for revoking the outside employment permit include, but are not limited to, the following: (a) The outside employment is medically detrimental to the total recovery of the disabled member, as indicated by the City's professional medical advisors. Secondary Employment - 484 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Secondary Employment (b) The outside employment performed requires the same or similar physical ability, as would be required of an on -duty member. (c) The employee's failure to make timely notice of their intentions to their supervisor. When the disabled member returns to full duty with the Meridian Police Department, request (in writing) may be made to the Chief of Police to restore the permit. Secondary Employment - 485 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Hiring of On -Duty Officers by Private Parties 1043.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines to govern the hire of on -duty Meridian Police Department officers by private parties. The policy of the Meridian Police Department is to allow private parties to hire on -duty Meridian officers for a fee paid to the City of Meridian, where such hire is appropriate; meets the criteria established in this policy; and protects the welfare, accountability, and efficient operation of the Meridian Police Department, Meridian Police officers, the City of Meridian, and the community. 1043.2 DEFINITIONS Extra -Duty Customer: Any person or entity that hires, by payment to the City of Meridian of the appropriate fee(s) established by fee schedule, an on -duty officer employed by the Meridian Police Department to provide a Law -Enforcement Related Service. Such Extra -Duty Customer may be a public, private, commercial, for-profit, or non-profit person or entity. Extra -Duty Assignment: The provision of Law -Enforcement Related Service by an officer employed by the Meridian Police Department to an Extra -Duty Customer. Law Enforcement -Related Service: Service(s) provided to an Extra -Duty Customer by an on -duty officer employed by the Meridian Police Department pursuant to such officer's assignment or order by his or her commanding officer, requiring the actual or potential use of law enforcement powers or skills, such as traffic control, crowd control, or security; or guarding, patrolling, or protection of persons and/or property. 1043.3 PROCEDURES The following terms, conditions, standards, and criteria shall apply to any and all actual or potential Extra -Duty Customers: (a) Any person or entity seeking Extra -Duty Assignment of any Meridian police officer or officers for private purposes shall submit a written request to the Chief of Police at least thirty (30) calendar days prior to the requested date on the form and in the manner required by the Chief. Upon receipt of complete application materials and application fee as established by fee schedule, the Chief or designee shall issue written approval or denial of such Extra -Duty Assignment. Such approval or denial shall be issued to the applicant in writing within twenty-one (21) calendar days of receipt of complete application materials. 1. Upon the Chiefs approval ofsuch Extra -Duty Assignment, the Chief or designee shall prepare an estimate of fees for personnel, equipment and/or materials to be paid by the Extra -Duty Customer for such assignment, and the Extra -Duty Customer shall be required to remit payment to the City in the estimated amount at least seven (7) calendar days prior to the assignment. The estimate shall provide for the compensation and full benefits of any and all employees, and the actual costs of any and all equipment or materials used or provided. If the Hiring of On -Duty Officers by Private Parties - 486 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Hiring of On -Duty Officers by Private Parties City's actual costs exceed the estimate, the City shall issue an invoice for the balance due, and the Extra -Duty Customer shall be required to remit payment for the balance to the City within thirty (30) days. A failure to timely remit all payments due to City shall subject the Extra -Duty Customer to any and all available civil and administrative remedies, and shall provide grounds for denial of future requests for Extra -Duty Assignments. 2. Upon the Chiefs denial of an application for Extra -Duty Assignment, the applicant may appeal such denial to City Council by filing a written appeal with the City Clerk within ten (10) calendar days of such denial. The City Clerk shall schedule such matter for hearing before City Council within thirty (30) calendar days of receipt of the written appeal. The decision of City Council on the matter shall be a final decision. (b) The required number(s), selection, and designation of any and all personnel assigned to any Extra -Duty Assignment or related detail shall be made exclusively by the Chief of Police or designee. One (1) Meridian supervisor shall be required for every three (3) Meridian officers assigned to any Extra -Duty Assignment. All applicable fees for supervisory personnel shall be paid by the Extra -Duty Customer. (c) The Extra -Duty Customer shall be required to indemnify and hold harmless the City, its agents, employees, and officers; and to waive any and all claims against the Meridian Police Department and/or the City of Meridian. (d) Approved Extra -Duty Assignment shall be considered to be a privilege granted to a private party, not an entitlement. If, at any time during the term of validly approved Extra -Duty Assignment, such Extra -Duty Assignment, any Extra -Duty Customer, or any other circumstance or situation conflicts with this policy or any other policy or interest of the Meridian Police Department or the City of Meridian; creates a safety or security concern; or is found by the Chief of Police or his designee not to serve the best interests of the Meridian Police Department, the City of Meridian, or the public; such approval may be suspended or revoked without notice. (e) In all matters pertaining to an Extra -Duty Assignment, neither the Extra -Duty Customer nor any officer, employee or agent of the Extra -Duty Customer will be deemed an employee of the Meridian Police Department or of the City. The following terms, conditions, standards, and criteria shall apply to Meridian officers undertaking Extra -Duty Employment: All normally and generally applicable Meridian Police Department and City policies, procedures, and protocols shall apply to Meridian officers in the course of Extra -Duty Employment, including, but not limited to, such policies regarding uniform, identification, equipment, firearms, reporting, arrests, searches, and seizures. Overtime due for Extra -Duty Employment shall be assigned, authorized, monitored, and paid pursuant to all normally and generally applicable policies and practices governing same. Undercover officers or officers assigned to covert operations shall not be eligible for Extra -Duty Assignment in a uniformed or other capacity which may disclose such officer's law enforcement status. Hiring of On -Duty Officers by Private Parties - 487 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Personal Appearance Standards 1044.1 PURPOSE AND SCOPE All Meridian Police Department employees shall maintain their personal hygiene and appearance to project a professional image appropriate for this organization and for their assignment. 1044.2 GROOMING STANDARDS Unless otherwise stated, and because deviations from these standards could present officer safety issues, the following appearance standards shall apply to department employees, except those whose current assignment would deem them not appropriate, and where the Chief of Police or his designee has granted an exception. 1044.2.1 HAIR Male members shall wear their hair neatly trimmed, clean and well groomed at all times while on duty. The hair shall be at least moderately tapered, shall not extend below the top of the shirt collar nor cover any portion of the ears. The hairstyle shall not interfere with the proper wearing of the uniform cap, helmet, or chemical agents mask. Female members shall wear their hair in a style which approximates the required appearance for male members, that is, either in a short daytime style or worn fastened up off the necks and ears in a single bun, pony tail or braided. The hairstyle shall not interfere with the proper wearing of the uniform cap, helmet, or chemical agents mask. Pigtails, corn -rows, dreadlocks and dual cinnamon bun hair styles are not permitted. Pony tail holders, elastic bands or hair clips shall be black, navy or naturally -occurring colors. A members hair color shall be required to have naturally -occurring colors to the human species and be of no more than two colors. 1044.2.2 MUSTACHES A short and neatly trimmed mustache of natural color may be worn. Mustaches shall not extend out or down from the corner of the mouth more than one quarter inch. 1044.2.3 SIDEBURNS Sideburns shall not extend beyond a point even with the lowest portion of the inner ear and shall extend in a clean shaven horizontal line. The flare (terminal portion of the sideburn) shall not exceed the width of the main portion of the sideburn by more than one half of the unflared width. The sideburn shall be trimmed and neat in appearance. 1044.2.4 FACIAL HAIR Members shall be clean shaven when reporting for duty in a uniform. A growth of whiskers shall be permitted only for medical reasons as confirmed by a certified medical professional. A member with a medical condition that precludes his shaving shall be assigned duties requiring the least possible public exposure. Members who work in a plain clothes assignment may have facial hair as approved by the Chief of Police or his designee based on their work assignment, special task, undercover assignment or any other variance that maybe required to accomplish an objective. Personal Appearance Standards - 488 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personal Appearance Standards 1044.2.5 FINGERNAILS Fingernails extending beyond the tip of the finger can pose a safety hazard to officers or others. For this reason, fingernails shall be trimmed so that no point of the nail extends beyond the tip of the finger. Fingernail polish shall be clear or of a naturally -occurring color and shall not exceed one color. 1044.2.6 JEWELRY, SUNGLASSES AND ACCESSORIES No jewelry or personal ornaments shall be worn by officers on any part of the uniform or equipment, except under the circumstances outlined below: (a) Jewelry, if worn around the neck, shall not be visible above the shirt collar. (b) Wedding ring(s) or other rings of tasteful design. A maximum of one ring/set may be worn on each hand. (c) One wrist watch. (d) With the exception of medical alert bracelets no bracelets shall be worn on the wrists. (e) For male members, no earrings of any type will be affixed to the ear, while in uniform. (f) Female officers with pierced ears may wear up to four earrings provided they shall be the post -type of pierced earrings. (g) Civilians may wear jewelry appropriate to the business community and their position, as authorized by their direct supervisor. (h) Sunglasses, if worn, shall be of a dark color (gray, black, blue, etc.) and contain no decorative jewelry. Aviator mirrored type sunglasses are not permitted. 1044.3 TATTOOS At no time while on duty or while representing the Meridian Police Department in any official capacity shall any tattoo or body art be visible without prior authorization from the Chief of Police. For all staff members, at no time while on duty or while representing the Meridian Police Department in any official capacity shall any offensive tattoo or body art be visible. Examples of offensive tattoos/body art would include but are not limited to those which depict racial, sexual, discriminatory, gang related or obscene art and/or language. 1044.4 BODY PIERCING OR ALTERATION Body piercing or alteration to any area of the body visible in any authorized uniform or attire that is a deviation from normal anatomical features and which is not medically required is prohibited. Such body alteration includes, but is not limited to: (a) Tongue splitting or piercing. (b) The complete or transdermal implantation of any material otherthan hair replacement, breast augmentation/reduction, reasonable cosmetic alterations or other medically necessary alterations. (c) Abnormal shaping of the ears, eyes, nose or teeth. (d) Intentional visible branding or scarification. (e) Facial implants. (f) Colored capping of visible teeth. Personal Appearance Standards - 489 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Personal Appearance Standards Employees shall not display, nor have visible, any item of jewelry pierced through any part of the body (i.e. nose rings, tongue studs, eyebrow rings, lip rings or stud etc.) If there is any question about a body piercing or alteration being in violation of this policy, the member shall request review by the Chief of Police or his designee prior to obtaining the procedure. 1044.5 PERSONAL APPEARANCE EXEMPTION The Chief of Police or his designee may exempt any member from the provisions of this policy for the purposes of completing a special task or assignment (undercover) that would require personal appearance in variance with these sections. Personal Appearance Standards - 490 2012/10/15 © 1995-2012 Lempol, LLC Meridian Police Department Policy Manual Uniform & Clothing Regulations 1046.1 PURPOSE AND SCOPE The uniform policy of the Meridian Police Department is established to ensure that uniformed officers will be readily identifiable to the public through the proper use and wearing of the uniform of this department. Employees should also refer to the following associated Policy Manual sections: Section 700 - Police Department Owned and Personal Property Section 1024 - Body Armor Section 1044 - Grooming Standards The purpose of this order is to adopt specifications and regulations governing the procurement and wearing of the Law Enforcement Uniform, civilian clothing and related equipment by the members of the Meridian Police Department. All members and reserves shall wear only the clothing or uniform specified for their particular rank and assignment. All articles of uniform, insignia and equipment worn or carried by on -duty departmental members shall conform to the specifications in this order. The wearing of non -regulation articles of clothing or equipment at anytime while on duty is prohibited except that supervisory members may prescribe the wearing of any type of clothing for an assignment, the nature of which is such that the regulation uniform or approved civilian apparel is impractical to accomplish the police purpose. The Uniform and Equipment Specifications manual is maintained and periodically updated by the Chief of Police or his/her designee. That manual should be consulted regarding authorized equipment and uniform specifications. 1046.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT Police employees wear the uniform to be identified as the law enforcement authority in society. The uniform also serves an equally important purpose to identify the wearer as a source of assistance in an emergency, crisis or other time of need. (a) Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professionally pressed. (b) All peace officers of this department shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty. (c) Personnel shall wear only the uniform specified for their rank and assignment. (d) The uniform is to be worn in compliance with the specifications set forth in this department's uniform specifications that are maintained separately from this policy. (e) All supervisors will perform periodic inspections of their personnel to ensure conformance to these regulations. (f) Civilian attire shall not be worn in combination with any distinguishable part of the uniform. Uniform & Clothing Regulations - 491 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Uniform & Clothing Regulations (g) Uniforms are only to be worn while on duty, while in transit to or from work, for court, or at other official functions or events. (h) If the uniform is worn while in transit, an outer garment shall be worn over the uniform shirt so as not to bring attention to the employee while he/she is off duty. (i) Employees are not to purchase or drink alcoholic beverages while wearing any part of this department's uniform, including the uniform pants. 1046.2.1 PEACE OFFICER BASIC UNIFORM REGULATIONS Basic Uniform: The following items shall constitute the basic required uniform for all officers of the Meridian Police Department: (a) Police cap: Midway make, 5 star model, navy blue with black plastic hat -band. The rank of lieutenant and above shall wear a gold colored band. Department issued hat badge. Rain covers (optional) must be clear plastic type. (b) Cap, Arctic: Style (optional) navy blue, fur ear -flaps, same department issued hat badge. (c) Stocking Cap: Officers may carry a black watch (stocking) cap for wear ONLY when outside in inclement or cold weather for extended periods of time on such duties as perimeter control or directing traffic. This hat is not authorized for routine wear with the Meridian Police uniform. If worn, the hat shall be black in color, of a smooth or moderate knit style, with no logos, lettering or accessories. (d) Jacket: (Spectrum), Fechheimer #78130. Style, waist length, navy blue, two angle pockets, zipper/snap combination front. The jacket shall have a sew -on patch replicating the Meridian Police Department badge. Additionally, a navy blue military -style name -tape with the officer's last name will be sewn on to the right breast area of the uniform jacket, approximately in line with the lower half of the badge patch. (e) Jacket: (optional), Blauer Polar -Tech pullover fleece jacket (model 4600) is authorized as optional outer wear with the uniform. This jacket shall be navy blue in color, with standard Meridian Police Department shoulder patch on each shoulder. An authorized sew -on patch replicating the Meridian Police Department badge shall be sewn to the left breast area of the jacket, in the location where a badge is customarily worn. The Officer's name will be custom embroidered in silver lettering in 'W high block letters on the right breast area of the jacket, approximately in line with the lower half of the sew -on badge. (f) Raincoat: (optional) Either 30" or 48" in length, yellow in color. The word POLICE embossed on the back in large block type letters. (g) Ike Jacket: (optional) LAPD Blue, Fechheimer Command, (45% wool, 55% Dacron). The Chief shall have gold buttons and one 1 inch gold braid on each sleeve three inches from the bottom of the sleeve. Captains shall have gold buttons and two '% inch gold braids placed '/4 inch apart and three inches from the bottom of the sleeve. Lieutenants shall have gold buttons and one- half inch gold braid on each sleeve three inches from bottom of sleeve. Sergeants shall have gold buttons and one-half inch bright blue braid on each sleeve three inches from bottom of the sleeve. The Meridian Police Department patch shall be fixed to each shoulder 1/2 inch from the seam, the name -tag will be worn over the right pocket and the badge will be worn over the left pocket on all jackets. (h) Class A Dress Jacket: (optional) Fechheimer #34891 jacket, worn along with Fechheimer #32278 pants. This optional set is to be worn with white uniform shirt. Sleeve braiding shall be the same as the Ike Jacket. Uniform & Clothing Regulations - 492 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Uniform & Clothing Regulations (i) Patrol Uniform Pant: LAPD blue in color. Blauer Polyester/rayon blend (model 8980) or polyester/wool blend (model 8690). Six -pocket pant design to include two front pockets, two rear hip pockets, and either two sap pockets under the hip pockets or two cargo pockets on the thigh. " If a pant with cargo pockets is worn, no bulky items or other items, which cause the pockets to bulge from the leg, shall be carried. The primary purpose of the cargo pocket is to allow officers a ready repository for items recovered in a search, where such items may be carried for a reasonable period of time before they can be booked into evidence. Q) Patrol Uniform Shirt: LAPD Blue " Blauer 'Class act' model 8910 (polyester/rayon blend) and 'class act' model 8460 (polyester/wool blend), as well as the long-sleeved equivalents of these shirts, is authorized. Optional zipper front closures are authorized. " When worn without a necktie, the shirt shall be worn with a crew neck white T-shirt. The long sleeve uniform shirt may be worn with a black turtleneck or mock turtleneck shirt underneath, as specified below. (k) Turtleneck Shirt: A turtleneck shirt may be worn under the long sleeve uniform shirt as specified above. The authorized turtleneck shirt shall be black in color with no markings or logos. The shirt may be full or mock and shall be of high quality material. The SFKM brand shall be the standard against which the authorized shirt is measured. Other brands are authorized so long as the shirt has a smooth collar (not ribbed) and is not of knit or bulky thickness material. (1) Shirt: White uniform shirts (Flying Cross Brand, 65% Dacron / 35% Poplin, #35W5400 (short) and #85R5400 (long)) are authorized for optional wear by the Chief and Captains. (m) Trouser belt: 1 '/" minimum width, black leather, plain or basket weave, silver colored buckle or Velcro closure. (n) Tie: (optional) Navy, tie tack issued, worn even with buttons on pocket. Every employee shall maintain a clean and serviceable necktie for wear with the long sleeved shirt as a dress uniform. If no tie is worn, the employee shall wear a crew -neck t -shirt under the uniform shirt. (o) Shoes or boots, black, plain toe, no visible design. (p) Socks: Black or dark blue, if visible. (q) Badge: Breast, departmental issue shield to be worn on shirt and coats. (r) Name plate: Department issue, stating Officer's name and date that officer is serving since (—). (s) Patch: Official Meridian Police patch, one on each shoulder. (t) Metal buttons: Lieutenants and higher shall maintain four gold buttons for wear with the long sleeve shirt when the shirt is worn as part of the dress uniform. 1046.3 UNIFORM EQUIPMENT Equipment: • Belt, (Sam Brown style) as issued by the department. • Holster, as issued by the department. • Minimum of one pair of approved handcuffs with key. • Issued Ammunition will be carried in the issued magazine carrier Concealed protective ballistic vest wear is mandatory. Uniform & Clothing Regulations - 493 2012/10/15 0 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Uniform & Clothing Regulations Radio ear -piece -(optional) of a type and construction that conforms to the ear and does not protrude more than 1.5 inches from the ear, is authorized for use. (a) Tie tack- (optional along with tie) even with pocket buttons. (b) Collar brass- Shall be worn only by those of the lieutenant rank or higher. Command rank shall wear insignia on both collars. Rank insignia shall be worn perpendicular to the top line of the collar. The insignia shall be generally centered vertically on the collar, as determined by the front edge of the insignia. (c) Department approved hash marks will be worn on all long sleeve uniform shirts and on the optional Ike & Class A Dress Jacket. One hash mark for every 5 years of Law Enforcement experience. Hash marks shall be sewn onto the left sleeve, bordering along the outside crease and centered between the top of the cuff and the button reinforcement seam ending at the elbow. 1046.3.1 UNIFORM OF THE DAY Sworn Personnel: Those officers assigned to uniform duty will wear the Uniform Of the Day. The Chief of Police shall designate the Uniform Of the Day. No member of this Department will report for duty unless they are dressed in the Uniform Of the Day, or have the permission of their immediate supervisor to dress otherwise. Uniformed employees may choose between short or long sleeved uniform shirts at their discretion, regardless of the time of year, except when the class "A" dress uniform is specified as the Uniform Of the Day. In that case, the long sleeved shirt with tie shall be worn. If the short sleeve shirt is worn in cooler weather, no warming clothing such as sweatshirts or long underwear shall be visible from the sleeves or collar of the shirt. Non -Sworn Personnel: All non -sworn members will wear the Uniform Of the Day while on duty or on assignment for the Meridian Police Department as designated by the Chief of Police. No member will report for duty unless they are dressed in their assigned Uniform Of the Day. Any deviation or exceptions must be authorized by an immediate supervisor or above. The Uniform of the Day will be one of the following combinations (a) Long sleeve (except Animal control). (b) Short sleeve. Authorized Exception: Members of the Investigative and Administrative divisions may dress in business casual during their workweek. Business casual shall mean Dockers style pants and collared shirts, with logos (tasteful) are okay, but jeans, t -shirts, shorts are not permitted. Tennis or running shoes may be worn only if they meet the standards of the business community. Weapons must be concealed while in public, i.e. by a sport coat, fanny pack, or ankle holster. This authorization shall not apply to court attendance. Each member exempted must have readily available, during duty hours, suitable courtroom attire, which means shirt and tie with a sports coat and slacks, suit or uniform. 1046.3.2 TRAINING CLASS ATTIRE When assigned to any training, other than that which involves specific field work or is of a physical nature, the type of clothing worn will be casual business attire such as slacks and a collared shirt for male members. (Blue jeans are not acceptable) For female members, clothing consistent with good taste and a professional appearance (no blue Uniform & Clothing Regulations - 494 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Uniform & Clothing Regulations jeans). The requirements set forth apply to all training classes in or out of the Meridian Police Department. Any deviation from this policy is at the discretion of the Chief of Police. 1046.3.3 UNIFORM DAMAGE If a uniform is damaged or soiled in other than routine activity, note the damage and cause on an incident report. After approval from a supervisor, have the article cleaned or repaired and deliver the paid bill to the supervisor so that a voucher may be approved for reimbursement. These claims will be checked very closely and the officer must be prepared to substantiate the claim. 1046.3.4 SHOULDER PATCHES A Department issued Meridian Police Department shoulder patch will be worn on both shoulder sleeves, on each shirt and jacket for officer and civilian employee uniforms. The patches will be sewn with matching thread to the center of the sleeve one-half inch below the shoulder seam. 1046.3.5 EXEMPTIONS FROM WEARING UNIFORMS The following members are exempted from wearing the prescribed uniform, the Chief of Police, officers assigned to plainclothes duties, members in special categories as designated by the Chief of Police. 1046.4 POSSESSION OF REQUIRED APPAREL Unless otherwise specified by the Chief of Police, every officer shall possess a complete and serviceable Uniform of the Day available for immediate use, whether he is assigned to uniform field duties or plainclothes work. All Police Officers shall maintain at least one Class A, long sleeve uniform with hat and tie, and have it available to be worn at any time the need should arise. Each officer shall possess one uniform pant with sap pockets for Class A wear. (Pants with cargo pockets are not authorized for Class A Wear.) 1046.4.1 MOURNING BADGE Uniformed employees should wear a black mourning band across the uniform badge whenever a law enforcement officer is killed in the line of duty. The following mourning periods will be observed: (a) An officer of this department - From the time of death until midnight on the 14th day after the death. (b) An officer from this or an adjacent county - From the time of death until midnight on the day of the funeral. (c) Funeral attendee - While attending the funeral of an out of region fallen officer. (d) National Peace Officers Memorial Day (May 15th) - From 0001 hours until 2359 hours. (e) As directed by the Chief of Police. 1046.5 CIVILIAN ATTIRE The following items shall constitute the basic uniform required for non -sworn members of the Meridian Police Department. (a) Clerical members uniform consists of: Uniform & Clothing Regulations - 495 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Uniform & Clothing Regulations 1. Shirt: Port Authority brand, with black embroidered Meridian Police Department logo: Short sleeve, Oxford Gray Long sleeve, Oxford Gray (optional black turtleneck) Long sleeve fleece, Salt & Pepper (optional black turtleneck) 2. Pants: Black dress type. 3. Shoes: Black. 4. Sweater: Black or Navy blue, Cardigan type 5. Belt: Black (b) Animal Control officer's uniform shall consist of: 1. Shirt: Flying Cross TM brand. Deluxe tropical, French blue colors. 2. Trousers/Pants: BlauerTm brand. BDU, L.A.P.D. blue color 3. Sweater: San Francisco KnittingTm brand. Zip Cardigan, navy color. 4. Coat: FechheimerTm brand. Nylon water-repellent, dark blue color. 5. Name Tag: Department issue, worn immediately above right shirt pocket seam, or on right side of jacket above pocket. 6. Patch: Official Meridian Police Department patches issued one on each side of shirt or jacket. Patches are centered on the sleeve at one half inch below the shoulder seam, attached with matching color thread. 7. Belt: Black basket weave leather with silver buckle. 8. Shoes: Black leather work shoe or boots. 9. Department approved coveralls. 1046.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS Unless specifically authorized by the Chief of Police, Meridian Police Department employees may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a department badge, patch or other official insignia, or, cause to be posted, published, or displayed, the image of another employee, or identify himself/herself as an employee of the Meridian Police Department to do any of the following: (a) Endorse, support, oppose, or contradict any political campaign or initiative. (b) Endorse, support, oppose, or contradict any social issue, cause, or religion. (c) Endorse, support, or oppose, any product, service, company or other commercial entity. (d) Appear in any commercial, social, or non-profit publication, or any motion picture, film, video, public broadcast, or any website. 1046.7 MOTORCYCLE PATROL UNIFORM (a) Helmet: Sear Corp brand, model S-1605 with dark blue high trim. (b) Shirt: Short or long sleeve, Flying Cross brand, deluxe tropical white with military creases and pleated pockets. This shirt shall be worn during authorized summer months. The winter uniform shirt shall remain the same as normal patrol guidelines. (c) Jacket: Same as for patrol officer. 1. (Optional) The Olympic uniform jacket is authorized for officers assigned to motorcycle patrol. This jacket may only be worn when the officer is performing duties on the motorcycle. It shall not be worn when the officer is performing Uniform & Clothing Regulations - 496 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Uniform & Clothing Regulations his/her duties from a patrol car or on foot. This jacket will meet the following specifications: (a) Navy/royal blue color (b) "MERIDIAN POLICE" printed on the back (c) Standard Meridian Police Department shoulder patch on each shoulder (d) An authorized sew -on patch replicating the Meridian Police Department badge shall be sewn to the left breast area of the jacket, in the location where a badge is customarily worn. (e) The officer's name will be custom embroidered on a royal blue cloth tape in silver lettering in 'W high block letters on the right breast area of the jacket, approximately in line with the lower half of the sew -on badge. (d) Boots: Effingham brand, model 5000 patrol boot, black in color or equivalent. (e) Gloves: Leather, black in color. (f) Pants: QS Inc. brand, 20 oz. Wool or wool blend, model B13-97 navy blue. 1046.8 BICYCLE PATROL UNIFORM (a) Bicycle officers shall wear the departmentally approved uniform and safety equipment while operating the patrol bicycle. (b) Safety equipment includes departmentally approved helmet, riding gloves, protective eye -wear and approved footwear. Body armor/vest is required. (c) The bicycle uniform consists of the standard uniform shirt or black or white cool -max type shirt with Department approved badge and patches and bicycle patrol pants or shorts with uniform appearance. (d) Optional equipment includes jacket in colder weather and or turtleneck shirts are permitted when worn under the uniform shirt. (e) Bicycle officers shall carry the same equipment on the bicycle patrol duty belt as they would on a regular patrol assignment. Nylon belts are an approved duty belt for use in the mountain bike unit. (f) Officers will be responsible for obtaining necessary forms, citation books and other needed equipment to keep available while on bike patrol. 1046.9 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES Meridian Police Department employees may not wear any uniform item, accessory or attachment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. Meridian Police Department employees may not use or carry any safety item, tool or other piece of equipment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. Uniform & Clothing Regulations - 497 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Nepotism 1050.1 PURPOSE AND SCOPE To identify the conditions under which family members of current City employees, elected officials, or appointed officials may be employed. The City shall not unlawfully discriminate in its employment practices due to an individual's protected class status. However, the City will not employ immediate family of current City employees or appointed officials where such employment would create a conflict of interest or the potential for unethical behavior as defined within this policy. See City of Meridian Policy 6.8 Nepotism - 498 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Modified Duty Assignments 1054.1 PURPOSE AND SCOPE The purpose of this policy is to establish procedures for assigning employees to modified duty. Temporary modified -duty assignments may be available to employees who have incurred a duty -related illness or injury and, due to restrictions or limitations, are unable to perform their regular assigned duties. Non -duty related illnesses or injuries may also be considered for eligibility in accordance with this policy. Eligibility for modified -duty assignment is subject to the approval of the Chief of Police or his/her designee. Modified -duty assignments are intended to provide an employee with the ability to continue working within the limits of his/her restrictions and limitations on a temporary basis while providing the Department with a productive employee during the interim period. The Department will engage in a good faith interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability. 1054.2 DEFINITIONS Modified Duty - Means a temporary, limited -term assignment not requiring performance of the full range of duties associated with the regular job classification. Modified duty also may be termed as light-duty assignments. 1054.3 LIMITATIONS Modified -duty assignments are a management prerogative and not an employee right. Modified -duty assignments shall be subject to continuous re -assessment dependent upon Department needs and the employee's ability to perform in a modified -duty capacity. An injured employee may be offered a modified -duty position outside of his/her normal assignment or duties if it becomes available, but the employee shall be given the option to either accept the position or continue to draw on applicable sick leave or disability accounts as applicable. (a) If an employee cannot adequately perform in a modified -duty assignment, such assignment may be modified or terminated. (b) The lack of Department need or a change in priorities may result in the employee's removal from or modification of a modified -duty assignment. (c) The Department may place conditions as deemed appropriate upon any modified -duty assignment. 1054.4 PROCEDURE Employees may request assignment to modified duty by providing a signed statement from their health care provider describing their restrictions, limitations and expected duration to their Division Commander or his/her designee. The statement must also indicate if the employee requires any workplace accommodations, mobility aids or medical devices. The Division Commander will determine what modified -duty assignments may be available based on the needs of the Department, limitations of the employee and suitability of the employee to work a particular assignment. Requests for a modified -duty assignment of 20 hours or less may be approved and facilitated by the Shift Supervisor or Division Modified Duty Assignments - 499 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Modified Duty Assignments Commander. Assignments of longer duration are subject to the approval of the Chief of Police or his/her designee. 1054.4.1 MODIFIED -DUTY SCHEDULES The schedules of employees assigned to modified duty may be adjusted to suit medical appointments or Department needs at the discretion of the Division Commander. The employee and his/her supervisors should be informed in writing of the schedule, assignment and limitations and restrictions as determined by the employee's health care provider. 1054.4.2 ACCOUNTABILITY The employee's supervisors shall coordinate efforts to ensure proper time accountability and shall complete and process a change of shift/assignment form. (a) Employees on modified duty are responsible for coordinating required doctor visits and physical therapy appointments in advance with their supervisor to appropriately account for any duty time taken. Doctor visits and appointments for treatment of injuries or illnesses that are not work related shall be arranged during off-duty time or otherwise charged to the employee's sick leave. (b) Employees shall promptly submit a status report for each visit to their treating health care provider and shall immediately notify their supervisor of any change in restrictions or limitations as determined by their health care provider. An employee assigned to a modified -duty assignment shall provide a duty status report to his/her supervisor no less than once every 30 days while the employee is on modified duty. (c) Supervisors shall keep the Division Commander apprised of the employee's status and ability to perform the modified -duty assignment. Modified -duty assignments that extend beyond 60 days will require a written status report and a request for an extension to the Division Commander with an update of the employee's current status and anticipated date of return to regular duty. Extensions require approval of the Chief of Police. (d) When it is determined that an employee on modified duty will return to regular duty, the supervisor shall notify the Division Commander and complete and process a change of shift/assignment form. All training and certification necessary for return to duty shall be reviewed and updated as necessary. 1054.4.3 MEDICAL EXAMINATIONS The Department reserves the right to require, prior to returning to full -duty status, a fitness -for -duty examination of any employee assigned to a modified -duty assignment or of any employee having been on such assignment. Such examinations shall be at the expense of the Department. Prior to returning to full -duty status, employees shall be required to provide a statement signed by their health care provider indicating that they are medically cleared to perform the basic and essential job functions of their assignment without restriction or limitation. 1054.5 PREGNANCY It is the policy of the Department to reassign employees who are pregnant upon request by the employee or when deemed necessary by the Department to temporary assignments that will not routinely expose the employee to potentially hazardous environments or activities. Modified Duty Assignments - 500 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department Policy Manual Modified Duty Assignments 1054.5.1 EMPLOYEE NOTIFICATION An employee who learns of her pregnancy should notify her immediate supervisor or a designated acting supervisor of the pregnancy as soon as practicable. The employee must inform the Department of her intent regarding reassignment, job accommodations and anticipated leave for the pregnancy or prenatal care. The employee shall also submit a statement from her health care provider of any job restrictions or limitations she may have. 1054.5.2 SUPERVISOR'S RESPONSIBILITY Upon receiving the medical verification of the pregnancy and a request for job accommodation, reassignment or leave, the supervisor shall notify the Division Commander, who will consider assigning the employee to an available temporary modified -duty assignment if it is deemed appropriate by the Department or medically necessary by the employee's health care provider. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted consistent with the City's Personnel Rules and Regulations regarding Family and Medical Care Leave. 1054.6 PROBATIONARY EMPLOYEES Probationary employees who are assigned to a temporary modified -duty assignment shall have their probation extended by a period of time equal to the employee's assignment to modified duty or long term medical leave of absence. 1054.7 MAINTENANCE OF CERTIFICATION AND TRAINING Employees assigned to modified duty shall maintain all certification, training and qualifications appropriate to both their regular and temporary duties, provided the certification, training or qualifications are not in conflict with any limitations or restrictions. Employees who are assigned to modified duty shall inform their supervisor of any inability to maintain any certification, training or qualifications. Modified Duty Assignments - 501 2012/10/15 © 1995-2012 Lexipol, LLC Meridian Police Department INDEX ABUSE..............................................................129 227 ACCIDENTAL DISCHARGE ............................85 455 ADMINISTRATIVE INVESTIGATION ............ 77 AIRCRAFT ACCIDENTS ................................256 188 ALCOHOL........................................................ 399 ALCOHOL USE................................................399 248 AMMUNITION ................................................... 83 ARREST 263 Use of Force.....................................................44 85 ASSET FORFEITURE ...................................... 313 AUDIO RECORDERS ...................................... 273 AUTHORITY...................................................... 11 AUXILIARY RESTRAINTS .............................. 58 B 201 BARRICADED SUSPECTS ............................. 227 BODY ARMOR ................................................ 455 BODY ARMOR ................................................ 455 BOMB CALLS..................................................231 188 C 420 CAROTID HOLD................................................46 32 CHANGE OF ASSIGNMENT ..........................462 46 CHILD ABUSE 188 Definitions ......................................................135 188 Injury to child.................................................135 420 Mandatory Notification ..................................135 248 CHRI.................................................................. 359 CITE & RELEASE............................................239 263 CITIZEN COMPLAINTS .................................430 85 CIVIL RESPONSE TEAM ................................. 78 COMMUNICABLE DISEASES .......................418 242 Counseling..................................................... 423 COMMUNICATIONS WITH HEARING 152 IMPAIRED OR DISABLED ........................... 201 COMPUTER USE ............................................. 164 CONDUCTED ENERGY DEVICE .................... 66 CONFIDENTIAL INFORMANTS ................... 319 CONSTITUTIONAL REQUIREMENTS ...........12 399 CONSULAR OFFICERS .................................. 243 CONTROL DEVICES.........................................63 CORRESPONDENCE ......................................... 37 COURT APPEARANCE...................................175 COURTROOM ATTIRE ...................................177 CRIME ANALYSIS .......................................... 346 CRIME SCENE ................................................. 221 2012/10/15 © 1995-2012 Lempol, LLC CRIMINAL HISTORY RECORD INFORMATION .............................................. 359 CUSTODY SEARCHES ................................... 374 D 32 DEADLY FORCE ................................................ 46 DEATH INVESTIGATION ............................... 188 DEATH NOTIFICATION .................................. 188 DECONTAMINATION ..................................... 420 DEPLOYMENT ................................................ 248 DESTRUCTION OF ANIMALS ........................ 84 DETAINEES...................................................... 263 DIGITAL RECORDERS...................................273 85 DIPLOMATIC AGENTS .................................. 242 DIPLOMATIC IMMUNITY ............................. 242 DISASTER SCENE ........................................... 221 DISCIPLINARY POLICY ................................ 152 DISCRIMINATORY HARASSMENT ............. 132 DOMESTIC VIOLENCE .................................. 116 Victim Assistance ........................................... 118 DRIVING TACTICS ........................................... 92 DRUGUSE ........................................................ 399 DUTY FIREARMS ............................................. 82 E ELECTRONIC MAIL ......................................... 32 EMPLOYEE COMMENDATIONS ..................464 261 EMPLOYEE CONVICTIONS ..........................397 327 EVALUATION .................................................. 385 EXPLOITATION 258 Exploit............................................................ 129 EXPOSURE(S).................................................. 226 F 84 FIELD CITATIONS...........................................239 FIELD DETAINEES ......................................... 261 FIELD IDENTIFICATION ................................ 327 FIELD PHOTOGRAPHS..................................263 FIELD TRAINING OFFICER .......................... 258 FIREARMS ................................................... 82,84 FlyingArmed ................................................... 86 Storageof ......................................................... 84 FIREARMS DISCHARGE .................................. 85 FORCE................................................................. 43 FOREIGN NATIONALS...................................242 Arrest or Detention ........................................242 Arrest Procedure ............................................ 247 Index - 502 Meridian Police Department Policy Manual INDEX In -Custody Arrests.........................................244 Traffic Collisions............................................245 Vehicle Registration.......................................243 G GRIEVANCE PROCEDURE ............................393 H 235 HANDCUFFS...................................................... 57 HAZARDOUS MATERIAL..............................225 56 HEARING IMPAIRED......................................201 89 HONORARY CONSULS..................................243 166 HOSTAGES....................................................... 227 I IDENTITY THEFT ...........................................189 235 IMMIGRATION VIOLATIONS .......................251 58 IMMUNITY .......................................................242 56 INITIATE A PURSUIT ....................................... 89 INTERNET USE ............................................... 166 INVESTIGATION & PROSECUTION ............ 306 J 142 JUVENILES ......................................................124 235 Curfew............................................................127 58 Release of Information...................................127 56 JUVENILES, DISCIPLINE...............................127 141 K KINETIC PROJECTILES ................................... 64 L LACTATION BREAK.......................................472 235 LEGIRONS......................................................... 58 LEG RESTRAINT ............................................... 56 LIMITED ENGLISH PROFICIENCY..............196 141 LIVE LINEUP ................................................... 327 MALICIOUS HARASSMENT .........................148 235 MANDATORY APPEARANCE .......................175 238 MDT................................................................... 271 MEAL PERIODS AND BREAKS....................471 141 MEDIA RELATIONS..........................................74 140 MEDIA REQUEST ...........................................172 141 MENTAL ILLNESS 142 2012/10/15 0 1995-2012 Lexipol, LLC Commitments ................................................. 235 Restraints....................................................... 238 MISSING PERSON ........................................... 140 at-risk............................................................. 141 Definitions...................................................... 140 Investigation Diligence .................................. 141 Reference Chart ............................................. 142 MOBILE DATA TERMINAL ........................... 271 N NEWS MEDIA RELATIONS ........................... 172 NUMERICAL FILING ...................................... 356 O 217 OFFICER -INVOLVED SHOOTING .................. 71 ORGANIZATIONAL STRUCTURE..................25 11 OUTSIDE AGENCY ASSISTANCE ................ 180 OUTSIDE EMPLOYMENT .............................. 481 OVERTIME PAYMENT ................................... 477 P 327 PATROL FUNCTION ........................................ 217 PEACE OFFICER AUTHORITY ....................... 11 PEACE OFFICER POWERS .............................. 11 PERSONAL APPEARANCE ............................ 488 PERSONAL PROPERTY .................................. 335 PERSONNEL FILES ......................................... 458 PHOTOGRAPHIC LINEUP ............................. 327 POLICE DEPARTMENTOWNED PROPERTY ..................................................... 335 PRIVATE PERSONS ARRESTS ...................... 194 PROMOTIONAL PROCESS ............................ 387 PROPERTY PROCEDURES ............................ 348 PUBLIC INFORMATION OFFICER ............... 257 PURSUIT INTERVENTION ............................... 96 PURSUIT POLICY ............................................. 88 PURSUIT UNITS ................................................ 91 V RACIAL BIAS BASED PROFILING ............. 219 RAPID DEPLOYMENT TEAM ....................... 248 REASONABLE FORCE ..................................... 45 RECORDERS .................................................... 273 RECORDS SECTION ....................................... 356 RECRUITMENT ............................................... 377 REFLECTORIZED VESTS .............................. 286 RELEASE OF RECORDS & INFORMATION .............................................. 357 REPORT CORRECTIONS................................171 REPORT PREPARATION.................................169 Index - 503 Meridian Police Department Policy Manual INDEX REPORTING CONVICTIONS .........................397 66 Domestic Violence.........................................397 90 REPORTING POLICE ACTIVITY ..................250 374 RESPONSE TO CALLS....................................101 374 RESTRAINTS ................................................... 238 SEE ALSO LEG RESTRAINT 452 RIDE -ALONG ................................................... 222 ROLL CALL TRAINING.................................220 58 SEARCH & SEIZURE ......................................122 66 SEARCHES 90 Custody.......................................................... 374 PatDown ........................................................ 374 Strip................................................................ 374 SEAT BELT PROCEDURE ............................... 452 SEIZED CURRENCY ....................................... 314 SICK LEAVE.....................................................415 58 SMOKING POLICY .........................................427 SPECIAL ORDER...............................................28 SPIT MASK/HOOD............................................ 57 SUBPOENA Court Standby ................................................177 SUBPOENAS ....................................................175 Civil Subpoenas ............................................. 176 Fees................................................................ 176 Quash, Modify ............................................... 175 SWEEPS............................................................251 2012/10/15 0 1995-2012 Lexipol, LLC T TASER DEVICE ................................................. 66 TERMINATE A PURSUIT ................................. 90 TIMECARD ...................................................... 473 TIME CARDS ................................................... 473 TRAFFIC FUNCTION ...................................... 285 TRAINING POLICY ........................................... 29 TRANSFER PROCESS ..................................... 387 TRANSPORT BELTS .......................................... 58 T UNIFORM REGULATIONS ............................ 491 USE OF FORCE .................................................. 43 1,yj VEHICLE MAINTENANCE ............................ 339 VICTIM WITNESS ........................................... 146 VULNERABLE ADULT ................................... 129 VULNERABLE ADULTS ................................ 129 171 WASHING OF VEHICLES ............................... 341 WATCH COMMANDERS................................270 Index - 504 Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 7H PROJECT NUMBER: ITEM TITLE: Police Department: Resolution No. 12. " 9 (0 A Resolution of the Mayor and City Council of the City of Meridian Adopting the Revised Meridian Police Department's Policy Manual MEETING NOTES u� APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO, C� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE REVISED CITY OF MERIDIAN POLICE DEPARTMENT POLICY MANUAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 13, 2012, the City Council of Meridian received a report from the Police Department regarding a revision to the City of Meridian Police Department Policy Manual; and WHEREAS, after receiving said report, the City Council directed that the revision of the City of Meridian Police Department Policy Manual be brought forward in Resolution form. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the revision to the City of Meridian Police Department Policy Manual, a copy of which is attached to this Resolution and incorporated herein by this reference, is hereby adopted. Section 2. That the Chief of the Meridian Police Department is hereby authorized to implement said Policy Manual. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. YL- ADOPTED by the City Council of City of Meridian, Idaho this day of November, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this*4� day of November, 2012. ATTEST: BY: I -E Ya--yoo cee .Holman, City Clerk APPROVED. Q or tW'ty of E IDIA.N� IDAHO SEAL w ti t fie TR�l�Sv de Weerd RESOLUTION ADOPTING THE REVISED MERIDIAN POLICE DEPARTMENT POLICY MANUAL Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 71 PROJECT NUMBER: ITEM TITLE: Public Works: Status and Future Options for the RV Dump at the Wastewater Treatment Plant MEETING NOTES kJ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 3 f F 8 °� R f i 1 �.: K f P 9 w LE ,o U .� A i v � V) � + � p 4-J � V) Q o � v � cz 4=J 0 N M� n �o 4wJm oa .i LA 0 � N °C Lj�cz Q cn cn C� E '+ O O O V � +-J � n cn W �a 4=J 0 > " E CZ C Ln C, :3 a) JUO CZUc n3; 0 0 0 0 0 0 O V 0) C�o � � u a .Q v in � 0 O � � U � N o N 4�a V > L N •V 0 0 Q 0 M� a� s sg J UfZ4=J v ton ca s Q a.., N 4ma 0 N.4=J N ate+ U DOJinU UV 0) C�o � � u a v in i O � � U � N � N 4�a V > L N •V Q � �+r 0 J d W a v � 4�a V > L N •V 0 ton (v4=J s 4ma 0 N.4=J N ate+ � O UV a a O V L. 0 4-J L) Q) 4-J tA � u c� >ton Q V GJ — o M oa� 0M v 4J E M m C� � U O o E > Q LU d W Z oG 0 0 * L. 0 4-J L) Q) 4-J V GJ N U oa� �Oa 4=J woo (3)� o L Q O E9 Z oG L. 0 4-J L) Q) 4-J rAJ Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: 7J PROJECT NUMBER: ITEM TITLE: Legal Department: Discussion on Meridian Split Corridor Phase 2 Temporary Use Ordinance Revisions MEETING NOTES ;i3l 'lf � Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 13, 2012 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Ordinance No. 12-1532: Temporary Use Permit for One Additional Sign for Permanent Proprietors in Meridian Split Corridor Phase 2 Roadway Project Area MEETING NOTES APPR0VF,1r0,1` Community Item/Presentations Presenter Contact Info,/Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS � CITY OF MERIDIAN ORDINANCE NO. 0 'l S3 �- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION OF MERIDIAN CITY CODE, SECTION 3-4-3(C)(10)9 RELATING TO STANDARDS FOR ONE ADDITIONAL TEMPORARY SIGN FOR PERMANENT PROPRIETORS IN THE MERIDIAN SPLIT CORRIDOR PHASE 2 ROADWAY PROJECT AREA UPON ISSUANCE OF A TEMPORARY USE PERMIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-13 54, 08-13 71, 08-13 5 6, 09-143 0, 10- 1453, 10-1464, 12-1506, and 12-1519 the City Council of the City of Meridian has instituted and refined arocedure b which outdoor sales and temporary uses occurring in the City of Meridian p Y are required to meet minimum standards for the purpose of protecting the public health, safety, and welfare; and WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to allow additional temporary signage to help promote businesses near and in downtown Meridian that may be affected b the decrease in traffic flow in the course of completion y Y of Phase 2 of the Ada County Highway District's Meridian Split Corridor roadway project; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL ADA COUNTY IDAHO: OF THE CITY OF MERIDIAN, , Section 1. That a new section, Meridian City Code section 3-4-3(C)(10), is hereby added: 10. Standards For Additional Temporary Sign for Permanent Proprietors Within Meridian Split Corridor Phase 2 Roadway Project Area: a. The provisions of this subsection shall apply only to permanent proprietors within the Ada County Highway District's Meridian Split Corridor Phase 2 Roadway Project Area ("MSC2 Project Area"), which shall be defined as the area bordered on the north by East Blue Heron Street, bordered on the east by East 3rd Street, bordered on the south by East Franklin Road, and bordered on the west by West 3rd Street. b. In addition to signs allowed by other provisions of law, permanent proprietors within the MSC2 Project Area, upon application for and issuance of a City of Meridian Temporary Use Permit therefor, may erect one (1) temporary sign for the purpose of identifying, promoting, advertising, or directing patrons to such permanent proprietor. Such sign shall meet the following dimensional standards: (1) Permanent proprietors within the MSC2 Project Area which have Meridian Road frontage may erect one (1) temporary sign with an area not to exceed thirty-two (32) square feet and one (1) temporary sign located on an exterior of the permanent proprietor's building with an area not to exceed one hundred twenty (120) square feet. TEMPORARY USE PERMIT FOR MSC2 SIGNS PAGE 1 OF 3 (2) Permanent proprietors within the MSC2 Project Area which do not have Meridian Road frontage may erect one (1) temporary sign with an area not to exceed eight (8) square feet. c. A temporary sign identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSC2 Project Area may be installed only within the MSC2 Project Area or on either side of a street bordering the MSC2 Project Area. It shall be unlawful for an person to install a temporary sign under this subsection in any location other than as set Y forth in this subsection. d. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign without first obtaining the written permission of the owner of the property on which the sign is installed, erected, posted, or displayed. As to the City Core Streetscape, as defined in Title 8, Chapter 1, Meridian City Code, temporary signs permitted under this subsection shall be allowed in the Use Zone without a City of Meridian Use Zone Encroachment Permit, so long as the City of Meridian provides written permission therefor. e. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign where the quantity or dimensions thereof exceed the limitations set forth in this subsection. f. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign that impedes the clear vision triangle or is otherwise hazardous to the safety of the public or to vehicular or pedestrian traffic. g. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a permanent proprietor within the MSC2 Project Area shall be removed by Sunday, October 6, 2013. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 13 day of November, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 13 day of November, 2012. APPROVED: ATTEST: Tammy 4�eerd, Mayor 0*0 4.100 ED A Uc�sT 0 City of E IDIA N 0- IDAHO SEAL, 4 TRR1► alcee �lman, City Clerk TEMPORARY USE PERMIT FOR MSC2 SIGNS PAGE 2 OF 3 Meridian City Council Meeting DATE: November 13,2012 ITEM NUMBER: g PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS