Roseville Police Department
POLICY AND PROCEDURE MANUAL PUBLISHED: JANUARY 1, 2019
Service ◊ Integrity ◊ Respect ◊ Innovation
ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Contents
Policy 100 Oath of Office ...... 7 Policy 101 Professional Conduct ...... 10 Policy 102 Standards of Conduct ...... 16 Policy 103 Law Enforcement Authority ...... 23 Policy 104 Policy Manual ...... 25 Policy 105 Department Directive and Special Orders ...... 27 Policy 106 Impartial Policing ...... 28 Policy 107 Planning and Research ...... 30 Policy 108 General Management ...... 32 Policy 109 Administrative Communication ...... 34 Policy 110 Allocation and Distribution of Personnel ...... 36 Policy 111 Fiscal Management and Agency Owned Property ...... 39 Policy 112 Direction and Control ...... 43 Policy 113 Confidentiality Agreement ...... 46 Policy 114 Position Classifications and Job Descriptions ...... 47 Policy 115 Compensation and Benefits ...... 49 Policy 116 Organization Structure and Responsibility ...... 53 Policy 117 Collective Bargaining ...... 56 Policy 118 Patrol Organization and Administration ...... 57 Policy 119 Emergency Management ...... 59 Policy 120 Major Incident Notification ...... 60 Policy 200 Personnel Complaints ...... 62 Policy 201 Grievance Procedures ...... 71 Policy 202 Respectful Workplace ...... 72 Policy 203 Awards and Commendations ...... 75 Policy 204 On-Duty Fitness Program ...... 78 Policy 205 Physical Fitness ...... 79 Policy 206 Drug and Alcohol Free Workplace ...... 80 Policy 207 Smoking and Tobacco Use ...... 82 Policy 208 Employee Contact Information ...... 83 Policy 209 Uniform Regulations ...... 85
2 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 210 Personal Appearance Standards ...... 88 Policy 211 Body Armor ...... 90 Policy 212 Outside Employment ...... 91 Policy 213 On-Duty Injuries ...... 95 Policy 214 Police Department Security ...... 102 Policy 215 Mobile Data Computer Use ...... 103 Policy 216 Ride-Along Program ...... 104 Policy 217 Retiree Concealed Firearms ...... 106 Policy 218 Employee Speech and Social Networking ...... 108 Policy 219 Sick Leave ...... 111 Policy 220 Meals and Breaks ...... 113 Policy 221 Lactation Break Policy ...... 114 Policy 222 Temporary Limited Duty Assignments ...... 115 Policy 223 Reporting of Employee Convictions and Court Orders ...... 118 Policy 224 POST Licensing ...... 120 Policy 225 Nepotism and Conflicting Relationships ...... 121 Policy 300 Use of Force ...... 123 Policy 301 Use of Force Administrative Review ...... 131 Policy 302 Handcuffing and Restraints ...... 133 Policy 303 Control Devices ...... 136 Policy 304 Conducted Electrical Weapons ...... 140 Policy 305 Duty Knives ...... 144 Policy 306 Officer-Involved Shooting and Deaths ...... 147 Policy 307 Firearms ...... 154 Policy 308 Canines ...... 159 Policy 309 Vehicle Pursuits ...... 165 Policy 310 Search and Seizure...... 173 Policy 311 Patrol Standard Operating Procedures ...... 175 Policy 312 Officer Response to Calls ...... 179 Policy 313 Agency Jurisdiction and Mutual Aid ...... 183 Policy 314 Recording Police Activity ...... 186 Policy 315 Prisoner Transportation...... 188
3 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 316 Temporary Detention of Adults ...... 195 Policy 317 Temporary Custody of Juveniles...... 198 Policy 318 Custodial Searches ...... 204 Policy 319 Legal Process ...... 206 Policy 320 Communications ...... 209 Policy 321 Bank Alarm Response ...... 212 Policy 322 Collection and Preservation of Evidence ...... 214 Policy 323 Traffic Enforcement and Direction ...... 221 Policy 324 Traffic Crash Response ...... 227 Policy 325 Impaired Driving ...... 231 Policy 326 Vehicle Towing ...... 236 Policy 327 Motorist Assists ...... 238 Policy 328 Domestic Abuse ...... 239 Policy 329 Domestic Abuse Involving High Profile Persons or Police Officers ...... 252 Policy 330 Hostages and Barricaded Persons ...... 254 Policy 331 Crime and Disaster Scenes ...... 258 Policy 332 Rapid Response Deployment ...... 260 Policy 333 Bomb Threats ...... 262 Policy 334 Hazardous Material Response ...... 264 Policy 335 Labor Disputes ...... 266 Policy 336 Criminal Conduct on School Buses ...... 267 Policy 337 Mass Arrests ...... 268 Policy 338 First Amendment Assemblies ...... 271 Policy 339 Civil Commitments...... 274 Policy 340 Persons in Crisis ...... 276 Policy 341 Communicating With Persons with Disabilities ...... 279 Policy 342 Interactions with Transgender Individuals ...... 286 Policy 343 Communicating with Persons with Limited English Proficiency ...... 288 Policy 344 Diplomatic and Consular Officials ...... 291 Policy 345 Citizens Arrests ...... 293 Policy 346 Animal Control ...... 295 Policy 400 Criminal Investigation Administration ...... 298
4 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 401 Criminal Investigation Operations ...... 302 Policy 402 Informants ...... 307 Policy 403 Vice Drugs and Organized Crime ...... 311 Policy 404 Sexual Assault Investigations ...... 315 Policy 405 Juveniles ...... 319 Policy 406 Criminal Intelligence ...... 322 Policy 407 Victim and Witness Services ...... 325 Policy 408 Child Abuse ...... 328 Policy 409 Brady Material Disclosure...... 332 Policy 410 Predatory Offender Registration and Community Notification ...... 334 Policy 411 Death Investigations ...... 340 Policy 412 Controlled Substance Overdose Investigations ...... 342 Policy 413 Missing Persons ...... 344 Policy 414 Bias Motivated Crimes ...... 354 Policy 415 Fuel Drive Offs ...... 356 Policy 500 Crime Analysis...... 358 Policy 501 Police Reserves ...... 359 Policy 502 Property and Evidence Control ...... 362 Policy 503 Procession of Property Seized for Administrative Forfeiture ...... 369 Policy 504 Contractual Agreements for Law Enforcement Services ...... 375 Policy 505 Reports and Records Management ...... 377 Policy 506 Release of Department Records ...... 382 Policy 507 CJDN Use and Misuse ...... 387 Policy 508 Records Management of Hot Files ...... 390 Policy 509 Public Information and Media Relations ...... 394 Policy 510 Recruitment and Equal Opportunity ...... 398 Policy 511 Selection ...... 400 Policy 512 Training ...... 404 Policy 513 Field Training Program ...... 409 Policy 514 Promotions ...... 411 Policy 515 Performance Evaluations ...... 414 Policy 516 Community Relations ...... 418
5 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 517 Honor Guard ...... 419 Policy 600 Vehicle Maintenance and Use ...... 422 Policy 601 Self-Rescue and Tactical Equipment ...... 426 Policy 602 Identification Based Information System ...... 427 Policy 603 Centurion Scout Portable Alarm System ...... 429 Policy 604 Personal Communication Devices ...... 430 Policy 605 In-Squad Mobile Audio/Video Recording System ...... 433 Policy 606 Portable Recording Systems ...... 437 Policy 607 Tire Deflation Devices ...... 448 Policy 608 Administration of Opioid Overdose Medication ...... 449 ALPHABETICAL INDEX ...... 451
6 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 100 Oath of Office
I. Purpose and Scope Officers of this department are sworn to uphold the federal and state constitution and to enforce federal, state and local laws. The purpose of this policy is to remind officers of the many roles they play in serving the public and to give guidance in fulfilling those roles.
II. Policy The Oath of Office, Oath of Honor, Department Mission and Value Statement are the foundation of the Roseville Police Department. The department and the community are best served when every officer follows the letter and the spirit of the Oath of Honor and the Mission and Value Statement. Every officer shall take the Oath of Office prior to receiving licensed status.
The effective policing of a community depends on respect, trust, and confidence. Conduct that detracts from this confidence and trust is detrimental to the public and the professional police community. The department will accept and investigate complaints and circumstances suggesting that an officer has engaged in "conduct unbecoming an officer” and impose actions appropriate to eliminate the behavior.
The Roseville Police Department will use the contents of this Policy Manual to formalize its expectations and internal controls on the issue of officer or employee conduct.
III. Oath of Office Upon employment, all employees shall affirm, sign, and date the oath of office, expressing commitment and intent to respect constitutional rights in discharging the duties of the position. The oath shall be as follows:
I, (employee name), do solemnly swear that I will support the Constitution of the United States and the State of Minnesota and faithfully discharge the duties of Police Officer in the City of Roseville, in the County of Ramsey and the State of Minnesota, to the best of my judgement and ability. So help me God.
IV. Law Enforcement Code of Ethics All sworn officers of the Roseville Police Department will abide by the following Law Enforcement Code of Ethics of this department.
As a Law Enforcement Officer, my fundamental duty to serve mankind, 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 Constitution rights of all men to liberty, equality and justice.
I will keep my private life unsullied as an example to all; maintain courageous calm in the
7 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
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 laws of the land 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.
I will never act officiously or permit personal feelings, prejudices, 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 of favor, malice or ill will, never employing unnecessary force of violence and never accepting gratuities.
I recognize the badge of my office as a symbol of public faith, and I will accept it as public trust to be held so long as I am true to my ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession….Law enforcement.
V. Law Enforcement Oath of Honor All sworn officers of the Roseville Police Department will follow the letter and spirit of the Oath of Honor.
On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution of the community I serve.
VI. Roseville Police Department Mission Statement We are committed to work as a team with other city departments and our community to provide innovative, effective and efficient service that will improve the quality of life in the City of Roseville.
VII. Roseville Police Department Core Values We are committed to: a. Service to the community: We proactively respond to community needs through open communication, accountability, and professionalism in an effective and innovative manner. b. Integrity: We are guided by an internal sense of honesty and morality; we consider truthfulness and honesty to be vital to our organization. c. Respect: We treat all persons with courtesy, dignity, and respect; we temper all actions with understanding and compassion. d. Innovation: Our employees are our greatest asset. We empower individuals and encourage an atmosphere of problem solving by providing the equipment and technology to accomplish our mission.
8 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VIII. Maintenance of Records Oaths shall be filed as required by law (Minn. Stat § 358.11). Oaths shall be maintained consistent with other personnel employment records.
Date: 1/1/2019
Approved by Chief Rick Mathwig
9 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 101 Professional Conduct
I. Purpose and Scope This policy defines conduct unbecoming a peace officer. This policy supplements the ethical standards contained in the Law Enforcement Code of Ethics.
II. Policy This policy establishes standards of conduct that are consistent with the values and mission of the Roseville Police Department and are expected of all 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 conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in his manual, as well as any guidance on conduct that may be disseminated by this department. This policy shall apply to all members of the department, including volunteer, part-time, and auxiliary employees. The continued employment or appointment of every member of the Roseville Police Department shall be based on conduct that reasonably conforms to the guidelines set forth herein.
This policy applies to all officers of this agency engaged in official duties, whether within or outside the territorial jurisdiction of this agency. Unless otherwise noted, this policy also applies to off-duty conduct. Conduct not mentioned under a specific rule, but violates a general principle is prohibited.
This policy is organized into eight principles governing conduct unbecoming of an officer and that policy’s rationale.
III. Principle One Peace officers shall conduct themselves, whether on- or off-duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. Rules: a. Peace officers shall not knowingly exceed their authority in the enforcement of the law. b. Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants, and preservation of evidence except where permitted in the performance of duty under proper authority. c. Peace officers shall not knowingly restrict the freedom of individuals, whether by arrest or detention, in violation of the constitutions and laws of the United States and the State of Minnesota. d. Peace officers, whether on-or off-duty, shall not knowingly commit any criminal offense under any laws of the United States or any state or local jurisdiction.
10 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. Peace officers will not, according to Minn. Stat. § 626.863, knowingly allow a person who is not a peace officer to make representation of being a peace officer or perform any act, duty, or responsibility reserved by law for a peace officer.
IV. Principle Two Peace officers shall refrain from any conduct in an official capacity that detracts from the public's faith in the integrity of the criminal justice system. Rationale: Community cooperation with the police is a product of its trust that officers will act honestly and with impartiality. The peace officer, as the public's initial contact with the criminal justice system, must act in a manner that instills such trust. Rules: a. Peace officers shall carry out their duties with integrity, fairness and impartiality. b. Peace officers shall not knowingly make false accusations of any criminal, ordinance, traffic or other violation of the law. This provision shall not prohibit the use of deception during criminal investigations of interrogations as permitted under law. c. Peace officers shall truthfully, completely and impartially report, testify and present evidence, including exculpatory evidence, in all matters of an official nature. d. Peace officers shall take no action knowing it will violate any person’s constitutional rights. e. Peace officers must obey lawful orders, but must refuse to obey any orders the officer knows would require them to commit an illegal act. If in doubt as to the clarity of an order, the officer shall, if feasible, ask the issuing officer to clarify the order. An officer refusing to obey an order shall be required to justify his or her actions. f. Peace officers learning of conduct or observing conduct in violation of any law or department policy shall take necessary action and report the incident to the officer's immediate supervisor. The supervisor shall forward the information to the chief law enforcement officer. If the misconduct is committed by the officer's immediate supervisor, the officer shall report the incident to the immediate supervisor's supervisor.
V. Principle Three Peace officers shall perform their duties and apply the law impartially and without prejudice or discrimination. Rationale: Law enforcement effectiveness requires public trust and confidence. Diverse communities must have faith in the fairness and impartiality of their police. Peace officers must refrain from fostering disharmony in their communities based upon diversity, and perform their duties without regard to race, color, creed, religion, national origin, gender, marital status, status with regard to public assistance, disability, sexual orientation or age. Rules: a. Peace officers shall provide every person in our society with professional, effective and efficient law enforcement services. b. Peace officers shall not express, whether by act, omission, or statement, prejudice concerning race, color, creed, religion, national origin, gender, marital status, status with regard to public assistance, disability, sexual orientation, or age.
11 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Peace officers shall not allow their law enforcement decisions to be influenced by race, color, creed, religion, national origin, gender, marital status, status with regard to public assistance, disability, sexual orientation, or age.
VI. Principle Four Peace officers shall not, whether on- or off-duty, exhibit any conduct that discredits themselves or their department or otherwise impairs their ability or that of other officers or the department to provide law-enforcement services to the community. Rationale: Peace officer's ability to person their duties depends upon the respect and confidence communities have for the officer and law enforcement officers in general. Peace officers must conduct themselves in a manner consistent with the integrity and trustworthiness expected of them by the public. Rules: a. Peace officers shall not consume alcoholic beverages or chemical substances while on duty except as permitted in the performance of official duties, and under no circumstances while in uniform, except as provided for in III. b. Peace officers shall not consume alcoholic beverages to the extent the officer would be rendered unfit for the officer's next scheduled shift. A peace officer shall not report for work with the odor of an alcoholic beverage on the officer's breath. c. Peace officers shall not use narcotics, hallucinogens, or other controlled substances except when legally prescribed. When medications are prescribed, the officer shall inquire of the prescribing physician whether the medication will impair the officer's performance in the performance of the officer's duties. The officer shall immediately notify the officer's supervisor if a prescribed medication is likely to impair performance during the officer's next scheduled shift. d. Peace officers, while on duty, shall not commit any act that, as defined under Minnesota law, constitutes sexual harassment. Harassment includes, but is not limited to, making unwelcome sexual advances, requesting sexual favors, engaging in sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature. Prostitution investigations may involve physical contact, sexual advances or comments and do not violate this policy as long as they are conducted with supervisory approval and are directly involved in a prostitution investigation. e. Peace officers, while off-duty, shall not engage in any conduct that the officer knows, or reasonably should know, constitutes an unwelcome sexual advance or request for sexual favor, or unwelcome sexually motivated physical contact or other unwelcome verbal or physical conduct or communication of a sexual nature. f. Peace officers shall not commit any acts that, as defined under Minnesota law, constitute sexual assault or indecent exposure. Sexual assault does not include a frisk or other search done in accordance with proper police procedures. g. Peace officers shall not commit any acts that, as defined under Minnesota law, constitute domestic abuse, or the violation of a court order restraining the officer from committing an act of domestic abuse or harassment, having contact with the petitioner, or excluding the peace officer from the petitioner's home or workplace.
12 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
h. Peace officers shall not, in the course of performing their duties, engage in any sexual contact or conduct constituting lewd behavior, including but not limited to, showering or receiving a massage in the nude or exposing themselves or otherwise making physical contact with the nude or partially nude body of any person, except as pursuant to a written policy of the department. i. Peace officers shall avoid regular personal associations with persons who are known to engage in criminal activity where such associations will undermine the public trust and confidence in the officer or department. This rule does not prohibit associations necessary to the performance of official duties, or where such associations are unavoidable because of the officer's personal or family relationships.
VII. Principle Five Peace officers shall treat all members of the public courteously and with respect. Rationale: Peace officers are the most visible form of local government. Therefore, they must make a positive impression when interacting with the public and each other. Rules: a. Peace officers shall exercise courtesy in their dealing with the public, fellow officers, superiors and subordinates. b. No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. c. Peace officers shall promptly advise any inquiring citizen of the department's complaint procedure, and shall follow the established departmental policy for processing complaints.
VIII. Principle Six Peace officers shall not compromise their integrity, nor that of their department or profession, by accepting, giving or soliciting any gratuity that could be reasonably interpreted as potentially influencing their official acts or judgments or by using their status as a peace officer for personal, commercial, or political gain. Rationale: For a community to have faith in its peace officers, officers must avoid conduct that does or could cast doubt upon the impartiality of the individual officer or the department. Rules: a. Peace officers shall not use their official position, identification cards or badges for personal or financial gain for themselves or another person or for obtaining privileges not otherwise available to them except in the performance of duty, or for avoiding consequences of unlawful or prohibited actions. b. Peace officers shall not lend to another person their identification cards or badges or permit these items to be reproduced without approval of the chief law enforcement officer. c. Peace officers shall refuse favors or gratuities that could be reasonably interpreted as capable of influencing official acts or judgments. d. Unless required for the performance of official duties, peace officers shall not, while on duty, be present at establishments that have the primary purpose of providing sexually-
13 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
oriented adult entertainment. This rule does not prohibit officers from conducting walk- throughs of such establishments as part of regular assigned duties. e. Peace officers shall i. Not authorize the use of their names, photographs or titles in a manner that identifies the officer as an employee of this department in connection with advertisements for any product, commodity or commercial enterprise; ii. Maintain a neutral position with regard to the merits of any labor dispute, political protest, or other public demonstration while acting in an official capacity; iii. Not make any endorsements of political candidates, while on duty, or while wearing the department's official uniform. f. This section does not prohibit officers from expressing their views on existing, proposed or pending criminal justice legislation in their official capacity. None of these rules shall prevent officers from engaging in the free expression of political speech in their capacities as private citizens, or the rights of police fraternal or labor organizations to endorse political candidates or express views on political issues or other matters of public concern.
IX. Principle Seven Peace officers shall not compromise their integrity, nor that of their department or profession, by taking or attempting to influence actions when a conflict of interest exists. Rationale: For the public to maintain its faith in the integrity and imp0artiality of peace officers and their departments, officers must avoid taking or influencing official actions where the officer’s actions would or could conflict with the officer's appropriate responsibilities. Rules a. Peace officers shall, unless required by law or policy, refrain from becoming involved in official matters (or influencing actions of other peace officers) in official matters that affect the officer's immediate family, relatives, or persons with whom the officer has or has had a significant personal relationship. b. Peace officers shall, unless required by law or policy, refrain from acting or influencing official actions of other peace officers in official matters affecting persons with whom the officer has or has had a business or employment relationship. c. Peace officers shall not use the authority of their position or information available to them due to their status as peace officers for any purpose of personal gain including, but not limited to, initiating or furthering personal and/or intimate interactions of any kind with persons with whom the officer has had contact while on duty. d. Peace officers shall not engage in any off-duty employment if the position compromises or may compromise the officer's ability to impartially perform his or her official duties.
X. Principle Eight Peace officers shall observe the confidentiality of information available to them due to their status as peace officers. Rationale: Peace officers are entrusted with vast amounts of private and personal information, or have access to. Peace officers must maintain the
14 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
confidentiality of such information to protect the privacy of the subjects of that information, and to maintain public faith in the officer's and department's commitment to preserving such confidences. Rules: a. Peace officers shall not knowingly violate any legal restriction for the release or dissemination of information. b. Peace officers shall not, except in the course of official duties or as required by law, publicly disclose information likely to endanger or embarrass victims, witnesses or complainants. c. Peace officers shall not divulge the identity of persons giving confidential information except as required by law or department policy.
XI. Application Any disciplinary actions arising from violations of this policy shall be investigated in accordance with Minnesota Statute 626.89, Peace Officer Discipline Procedures Act and the law enforcement agency’s policy on Allegations of Misconduct as required by POST Board Rules, Minn. R. pt. 6700.2000 to 6700.2600.
Date: 1/1/2019
Approved by Chief Rick Mathwig
15 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 102 Standards of Conduct
I. Purpose and Scope This policy establishes standards of conduct that are consistent with the values and mission of the Roseville Police Department and are expected of all of its members. The standards contained in this policy are not an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning member conduct. Members are also subject to the provisions contained throughout this manual as well as any other guidance on conduct that may be disseminated by the department or the member’s supervisors. This policy incorporates the elements of the Peace Officer Standards and Training Board (POST) Model Policy regarding the professional conduct of peace officers. However, this policy applies to all employees of this department (including volunteer, part-time, and auxiliary employees). The provisions of this policy are in addition to collective bargaining agreements or any other applicable law (see generally Minn. R. 6700.1500).
The department shall report annually to the POST Board data regarding the investigation and disposition of cases involving alleged misconduct (Minn. Stat 626.8457, Subd. 3).
II. Policy 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 these guidelines, whether on- or off-duty, may be cause for disciplinary action (Minn. R. Ch., 6700.2000 to Minn. R. Ch. 6700.2600).
III. Directives and Orders Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order.
No member is required to obey any order that appears to be in direct conflict with any federal law, state law, or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, which shall subsequently be required to justify the refusal.
Unless it would jeopardize the safety of an individual, members who receive a lawful order that is in conflict with a previous lawful order, department policy or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is
16 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict will not be held accountable for disobedience of the lawful order or directive that was initially issued.
The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason.
Members will not exhibit disrespect for any supervisor or superior officer. This rule intends to prohibit the overt action or communication that directly displays a member’s disrespect toward a supervisor or superior officer (to be a direct display, the action must occur during a superior/subordinate transaction or immediately thereafter).
Members of the department will not speak critically to other members of the department regarding the orders or instructions issued by supervisors or superior officers. However, in cases where there is sound reason to believe that such orders or instructions are unlawful, it is the right and duty of any member to appeal to a higher authority in the department.
IV. Supervisor Responsibilities Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for: a. Failure to be reasonably aware of the performance of their subordinate or to provide appropriate guidance and control. b. Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy. c. Directing a subordinate to violate a police or directive, acquiesce to such a violation, or be indifferent to any such violation by a subordinate. d. The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose.
V. General Standards Members shall conduct themselves, whether on- or off-duty in accordance with the United States and Minnesota Constitutions and all applicable laws, ordinances and rules enacted or established pursuant to legal authority.
Members shall familiarize themselves with policies and procedures and comply with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty.
Discipline may be initiated 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
17 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
possible type of misconduct.
VI. Causes for Discipline The following sections illustrate causes for disciplinary action. This list does not cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service.
VII. Laws, Rules, and Order Violations of Standards of Conduct a. Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, or requirement or failure to follow instructions contained in department or city manuals. b. Disobedience of any legal directive or order issued by any department member of a higher rank. c. Violation of federal, state, local, or administrative laws, rules or regulations.
VIII. Ethical Violations of Standards of Conduct a. Using or disclosing one’s status as a member of the Roseville Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non-department business or activity. b. The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit, personal gain, or any other improper purpose. c. The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member’s duties (lawful subpoena fees and authorized work permits excepted). d. Offer of acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state. e. Solicitation or acceptance of a bribe or gratuity. f. Misappropriation or misuse of public funds, property personnel or services. g. Any other failure to abide by the standards of ethical conduct.
IX. Discrimination, Oppression or Favoritism-Related Violations of Standards of Conduct Discriminating against, oppressing or showing favoritism to any person because of age, race, color, creed, religion, sex, sexual orientation, national origin, ancestry, marital status, physical or mental disability, medical condition, or other classification protected by law, or intentionally denying or impeding another in the exercise of enjoyment of any right, privilege, power or immunity, knowing the conduct is unlawful.
X. Relationship Violations of Standards of Conduct a. Making an unwelcome solicitation of a personal or sexual relationship while on-duty or through the use of one’s official capacity.
18 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Engaging in on-duty sexual activity including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact. c. Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. d. Associating with or joining 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 this department. e. Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws, after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this department.
XI. Attendance Violations of Standards of Conduct a. Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permissions and approval. b. Unexcused or unauthorized absence or tardiness. c. Excessive absenteeism or abuse of leave privileges. d. Failure to report to work or to place of assignment at time specified and fully prepared to perform duties without reasonable excuse.
XII. Unauthorized Access, Disclosure or Use Violations of Standards of Conduct a. Unauthorized and inappropriate intentional access or release of confidential or protected information, materials, data, forms or reports obtained as a result of the member’s position with this department. b. Disclosure of any active investigation information to any unauthorized person. c. The use of any information, photograph, video or other recording obtained or accessed as a result of employment for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee. d. A loan, sale, allowance or unauthorized use of any Roseville Police Department badge, uniform, identification car or department property for personal use, personal gain or any other improper or unauthorized use of purpose. e. Use of department resources in association with any portion of an independent civil action. These resources include personnel, vehicles, equipment and non-subpoenaed records.
XIII. Efficiency Violations of Standards of Conduct a. Neglect of duty. b. Unsatisfactory work performance including failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse.
19 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Concealment, attempt to conceal, removing or destroying defective or incompetent work. d. Unauthorized sleeping during on-duty time or assignments. e. Failure to notify the department within 24 hours of any change in residence address or contact telephone numbers.
XIV. Performance Violations of Standards of Conduct a. Failure to disclose or misrepresenting material facts, or making 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. b. The falsification of any work-related records, making 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, paper or other document. c. Failure to participate in, 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. d. Untruthfulness or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members. e. Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would discredit any of its members. f. Unlawful gambling or unlawful betting at any time or place. Legal gambling or betting while on-duty or in uniform. g. Improper political activity including: i. Unauthorized attendance while on-duty at official legislative or political sessions. ii. Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on-duty or on department property, except as expressly authorized by city policy, the collective bargaining agreement, or the Chief of Police. h. Engagement in political activities during assigned working hours except as expressly authorized by city policy, the collective bargaining agreement, or the Chief of Police. i. An act on- or off-duty that brings discredit to this department.
XV. Conduct in Violation of Standards of Conduct a. Failure of any member to promptly and fully report activities on his/her part or that part of any other member where such activities resulted in official contact with any other law enforcement agency or that may result in criminal prosecution or discipline under this policy. b. Unreasonable and unwarranted force to a person encountered or a person under arrest.
20 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. d. Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another. e. Horseplay that reasonably could result in injury or property damage. f. Discourteous, disrespectful or discriminatory treatment of any member of the public or of this department or the City. g. Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. h. Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this department. i. Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. j. Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. k. Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any collective bargaining agreement or contract to include fraud in securing the appointment or hire. l. Initiation of civil action for recovery of any damages or injuries incurred in the course and scope of employment without first notifying the Chief of Police. m. Any other on- or off-duty conduct that any member knows or reasonably should know is unbecoming a member of this department; is contrary to good order; efficiency or morale; or that reflects unfavorably upon this department or its members.
XVI. Safety Violations of Standards of Conduct a. Failure to observe or violating department safety standards or safe working practices. b. Failure to maintain current licenses or certificates required for the assignment or position (e.g. driver’s license, first aid). c. Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties. d. Unsafe firearm or dangerous weapon handling, to include loading or unloading firearms in an unsafe manner, either on- or off-duty. e. Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member’s appointing agency. f. Unsafe or improper driving habits or actions in the course of employment or appointment. g. Any personal action contributing to a preventable traffic collision. h. Concealment and/or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable, but within 24 hours.
XVII. Intoxicant Violations of Standards of Conduct a. Reporting to work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication, or drugs, whether legal, prescribed, or illegal.
21 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member 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 attempt to bring a controlled substance, illegal drug, or non-prescribed medication to any work site.
Date: 1/1/2019
Approved by Chief Rick Mathwig
22 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 103 Law Enforcement Authority
I. Purpose and Scope This policy affirms the authority of the members of the Roseville Police Department to perform their functions within established legal authority.
II. Policy The Roseville Police Department allows its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. The department does not tolerate abuse of law enforcement authority.
III. Peace Officer Powers Licensed officers of this department are peace officers pursuant to Minn. Stat. § 626.84 Subd. 1(c). The Minnesota Legislature acting through the Minnesota Board of Peace Officer Standards and Training Board (POST) has mandated that all peace officers employed within the State of Minnesota hold a POST Board license (Minn. Stat. § 626.846).
Any chief law enforcement officer of this department, as defined in Minn. R. 6700.0100, shall as a condition of employment hold a license as a peace officer with the POST Board (Minn. R. 6700.0800; Minn. R. 6700.0501). The peace officer license shall be renewed every three years as required by Minn. R. 6700.1000.
IV. Arrest Authority Within the Jurisdiction of the Roseville Police Department Arrest authority of a full-time officer or part-time officer extends to any place within the jurisdiction of the department at all times (Minn. Stat. 629.34, Subd. 1 and Minn. Stat. 629.40): a. The person is being arrested for a felony. b. The person is being arrested for a non-felony crime that was attempted or committed in the officer’s presence. c. The person is being arrested for a non-felony crime that was not attempted or committed in the officer's presence but an arrest is permitted by statute (e.g., domestic abuse, restraining order and no contact order violations). d. The person is a juvenile committed to the custody of the commissioner of corrections and committed a felony after he/she escaped from custody (Minn. Stat. §609.485). e. There is reasonable cause to believe that the person to be arrested has committed or attempted to commit theft from a merchant (Minn. Stat. § 629.366).
The arrest authority pursuant to a warrant is applicable only while on duty. The arrest authority of a part-time peace officer is applicable only while on duty (Minn. Stat. § 629.34, Subd. 1(b)).
23 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Arrest Authority Outside the Jurisdiction of the Roseville Police Department Full-time, on-duty officers may make an arrest outside the jurisdiction of the Roseville Police Department any time the officer may by law make an arrest for a criminal offense and the person to be arrested escapes from custody or flees from the officer's jurisdiction (Minn. Stat. § 629.40): a. A full-time officer's arrest authority when off-duty and outside the jurisdiction of the department is limited to circumstances that would permit the officer to use deadly force under Minn. Stat. § 609.066 (see the Use of Force Policy). Under any other circumstances the full-time off-duty officer has the same power as members of the general public. An officer making an arrest under this subsection should, as soon as practicable after making the arrest, notify the agency having jurisdiction where the arrest was made.
VI. Granting Authority to Others An officer may summon the aid of private persons when making an arrest pursuant to a warrant (Minn. Stat. § 629.30).
VII. Interstate Peace Officer Powers Peace officer powers may be extended within other states): a. As applicable under interstate compacts and memorandums of understanding in compliance with the laws of each state. b. When an officer enters Iowa or Wisconsin in fresh pursuit of a felony subject (Iowa Code § 806.1; Wis. State §976.04). c. When an officer enters North Dakota or South Dakota in pursuit of a subject who committed any offense (N.D.C.C. § 29-06; SDCL 23A-3-9; SDCL 23A-3-10). Whenever an officer makes an arrest in another state, the officer shall take the offender to a magistrate or judge in the county where the arrest occurred as soon as practicable (Iowa Code § 806.2; N.D.C.C. § 29-06-06; SDCL 23A-3-12; Wis Stat. § 976.04).
VIII. Constitutional Requirements All members shall observe and comply with every person's clearly established rights under the United States and Minnesota Constitutions.
Date: 1/1/2019
Approved by Chief Rick Mathwig
24 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 104 Policy Manual
I. Purpose and Scope The policy manual contains current policies, rules and guidance of the department. All members are to conform to the provisions of the manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, order and other regulations that have not been included herein shall remain in effect, provided they do not conflict with the provisions of this manual.
II. Policy Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise that 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 the Roseville Police Department under the circumstances reasonably available at the time of any incident.
III. Disclaimer The provisions contained in the policy manual are not intended to create an employment contract nor any employment rights or entitlements. The policies are for the internal use of the Roseville 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 members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Roseville Police Department reserves the right to revise any policy content, in whole or in part.
IV. Authority The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue departmental directives that shall modify those provisions of the manual to which they pertain. Departmental directives shall remain in effect until they may be permanently incorporated into the manual.
V. Distribution of the Manual A printed copy of the policy manual shall be maintained by the Chief of Police. A computerized version of the policy manual will be made available on the department network for access by all employees. The computerized version will be limited to viewing and printing of specific sections. No changes shall be made to the electronic version without authorization from staff.
25 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VI. Acknowledgement from New Employees Each newly appointed employee will acknowledge in writing that they have been provided access and opportunity to review the policy manual. All employees will acknowledge in writing the receipt and review of any new directive or modifications to this manual. Signed forms and/or e-mail receipts showing an employee's acknowledgement will be maintained by the Deputy Chief.
VII. Periodic Review of Manual The policy manual will be reviewed and updated as needed, at least once every three years. Policies may be reviewed and updated at any time depending on department needs, court rulings, POST Board mandates, or other circumstances.
VIII. Review of Policies Drafts of all new policies, procedures, general orders and special orders will be reviewed by all department supervisory staff and any other agency or non-agency personnel selected by the Chief of Police. Input will be sought from as large a segment of the department as appropriate. Reviews may also be scheduled by the Chief of Police.
All department members suggesting revisions to the manual shall forward their written suggestions to their supervisor, who will consider them and forward them to the command staff as appropriate.
IX. Revisions to Policies All revisions to the policy manual will be provided to each member on or before the date the policy becomes effective. Members are responsible for keeping abreast of all policy manual revisions. It shall be the responsibility of all employees to read and understand all written policies issued by the department. Any employee who is in doubt as to the meaning of any information contained in a written policy shall seek clarification from their supervisor.
Date: 1/1/2019
Approved by Chief Rick Mathwig
26 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 105 Department Directive and Special Orders
I. Purpose and Scope Department directives and 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 or other collective bargaining agreement. Department directives will immediately modify or change and supersede affected sections of this manual.
II. Special Orders Protocol Special orders establish a temporary policy or procedure on a given subject for a specific length of time. Special orders are issued to the organization as a whole, to a division, to a unit or to an individual in one of these organizations. Special orders become inoperative with the passing of the incident or situation that caused the order’s issuance.
III. Responsibilities The staff shall review and approve revisions of the policy manual, which will incorporate changes originally made by department directive. The Chief of Police or designees shall issue all department directives and special orders.
IV. Acceptance of Departmental Directions and Special Orders All employees are required to read and obtain any necessary clarification on all departmental directives or special orders. Signed acknowledgement forms and/or e-mail receipts will be facilitated by the Deputy Chief and the Administrative Assistant.
Date: 01/01/2019
Approved by Chief Rick Mathwig
27 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 106 Impartial Policing
I. Purpose and Scope This policy provides guidance to department members and established controls to ensure that employees of the Roseville Police Department are enforcing laws in a fair and equitable manner to all.
II. Policy The Roseville Police Department reaffirms our commitment to impartial/unbiased policing and reinforces procedures that ensure we are provide service and enforcing laws in a fair and equitable manner to all (Minn. Stat. § 626.8471, Subd 4).
III. Definition Racial- or biased-based profiling : An inappropriate reliance on factors such as race, ethnicity, national origin, religion, sex, sexual orientation, economic status, age, cultural group, disability, or affiliation with any other similar identifiable group as a factor in deciding whether to take law enforcement action or to provide service.
Includes use of racial or ethnic stereotypes as factors in selecting whom to stop and search. It does not include law enforcement’s use of race or ethnicity to determine whether a person matches a specific description of a particular subject.
IV. Policing Impartially, Not Racial Profiling, as Standard Procedure for this Agency a. Investigative detentions, pedestrian and vehicle stops, arrests, searches and property seizures by peace officers will be based on a standard of reasonable suspicion or probable cause in accordance with the Fourth Amendment of the United States Constitution. Peace officers must be able to articulate specific facts, circumstances and conclusions that support reasonable suspicion or probable cause for investigative detentions, pedestrian and vehicle stops, arrests, nonconsensual searches, and property seizures. b. Except as provided in paragraph (c), peace officers shall not consider race, ethnicity, national origin, gender, sexual orientation or religion in establishing either reasonable suspicion or probable cause. c. Peace officers may take into account the descriptors in paragraph (b) of a specific suspect(s) based on information that links specific, suspected, unlawful or suspicious activity to a particular individual or group of individuals. This information may be used in the same manner officers use specific information regarding age, height, weight, or other characteristics about specific suspects
V. Procedural Guidelines to Prevent Perceptions of Biased Policing To prevent the perception of biased law enforcement, please officers shall utilize the following guidelines:
28 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Be respectful and professional. b. Introduce or identify themselves and state the reason for a contact as soon as practicable unless providing the information could compromise the officer or public safety. c. Attempt to answer questions the person may have regarding the contact, including relevant referrals to other agencies when appropriate. d. Ensure the detention is no longer than necessary to take appropriate action for the known or suspected offense. e. Explain the reason for the contact if it is determined the reasonable suspicious was unfounded. f. When requested, give their name, badge number and identify this department during routine stops. g. When requested, inform a member of the public of the process to file a misconduct complaint for racial or bias-based profiling against a member of this department and that racial- or biased-based profiling complaints may be made by calling the Attorney General’s Office (Minn. Stat. § 626.9514).
VI. Supervisor Responsibility Supervisors shall ensure that all personnel in their command are familiar with the content of this policy and are in compliance. Supervisors shall monitor those individuals under their command for any behavior that may conflict with the purpose of this policy and handle any alleged or observed violation of this policy in accordance with the officer misconduct policy.
Date: 1/1/2019
Approved by Chief Rick Mathwig
29 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 107 Planning and Research
I. Purpose and Scope The purpose of this policy is to organize and formally establish planning and research functions that promote effective law enforcement operations that meet community needs.
II. Policy All law enforcement agencies must perform certain planning functions in order to provide law enforcement services appropriate to the needs of the community. This agency will achieve the planning objectives through an analysis of reported crimes and calls for service, the development of an agency plan, liaison with other criminal justice planning agencies, and continuing research and development into improved operational policies and procedures.
III. Responsibilities The Chief of Police is responsibility for the overall department planning function. Responsibility for specific functions may be delegated by the Chief to other members of the department. Individuals assigned by the Chief to planning and research functions shall be given access to the necessary data and information and shall have direct access to the Chief for the collection of data or clarification of the work assignment.
IV. Planning and Research Activities and Functions Planning and research will, at a minimum, include the following: a. Annual Budgeting: The supervisor of each division of the department (Patrol, Investigations, Administration, and Community Services) will submit budget recommendations to the Chief of Police annually. Budget requests for additional personnel or major new capital items will be based on detailed operational and activity analysis that clearly demonstrate a need and operational enhancement capability. b. Long-Range Planning: Long-range planning is the responsibility of the Chief of Police. The Chief will develop a viable five-year master plan that includes, but is not limited to, long-term planning for financial, capital and personnel needs based on forecast changes in population, service area, community economics, and developing law enforcement challenges and capabilities. c. Crime Data Analysis: Computer data will be compiled monthly with year-to-date comparisons, and analyzed annually by the Operations Lieutenant. The analysis will be submitted to the Chief of Police and will include recommendations for preventing and attacking specific crimes, dealing with specified calls for service and comments on levels of calls and criminal activities. d. Traffic Analysis: The Operations Lieutenant is responsible for planning, analysis, inspection, and coordination of the department's traffic activities. The planning document may include: i. Accident investigation. ii. Operation of speed measuring device.
30 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
iii. Parking control. iv. Traffic direction and control. v. Traffic safety education. vi. Liaison with City Public Works Department another local traffic safety groups e. Training: Training is an essential and continuing department need and must be effectively planned to meet both department and community service requirements. The Deputy Chief will forward annual training recommendations to the Chief of Police. f. Information Management: The Police Services Manager will annually review and recommend improvements to the Chief of Police concerning the agency information management system.
V. Distribution of Analytical Reports Analytical reports containing information that serves as a guide for planning operational activities shall be distributed to the respective supervisors of the affected divisions. The Chief of Police will determine whether copies will also be posted on department bulletin boards and/or forwarded to outside agencies, or otherwise distributed.
Date: 1/1/2019
Approved by Chief Rick Mathwig
31 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 108 General Management
I. Purpose and Scope This policy addresses general management principles not covered in other policies.
II. Policy It is the policy of this agency to reliably collect, maintain, and distribute information on agency activities to assist decision makers in maximizing efficiency and effectiveness.
III. Administrative Reports a. Monthly Police Activity Report: The monthly police activity report includes types and numbers of crimes and calls-for-service, traffic citations, and comparative data for all statistics measured against the previous year-to-date. It is distributed to all department supervisors for review with their crews, the City Manager and City Council. b. Monthly Traffic Report: This report shows traffic citations issued during each calendar month by officer. c. Finance Reports: The Chief and every department supervisor receives a copy of the Accrual Register Report for accrued hour balances. This report is prepared biweekly (in conjunction with pay periods) by the City Finance Department. The report shows union represented employees' available sick leave, comp time, and vacation, and how much of each was taken during the current reporting period. d. Quarterly Use of Force Reports: Quarterly Use of Force reports will be prepared and distributed to each supervisor and/or sergeant. Supervisors are responsible for reviewing the reports and addressing them with officers.
IV. Forms The Department forms will be generated by the Dynaforms computer program. All reports written via Dynaforms will be completed and electronically submitted to the LETG Internet based record management system application, including supplemental reports. The exceptions to completing reports via Dynaforms are: a. Medical Release. b. Authority to Detain. c. Judicial Determination of Probable Cause to Detain. d. Authority for Juvenile Processing. e. Victim Information and Notifications. f. Forfeiture Notices.
Department forms will be maintained on the forms storage shelf. The Police Services Manager is responsible for form development and control. The Chief will review and approve new or revised forms prior to use.
V. Officer Presence at Preliminary Court Hearing The Roseville Police Department will utilize written reports, sworn affidavits, and formal
32 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
complaints in lieu of an officer's presence for preliminary court proceedings or arraignments. The Chief of Police, or designee, will act as the court liaison rather than the arresting officer.
Officers will be notified of scheduled court dates and required court appearances by the city, county, or Federal Attorney’s Office. It is the responsibility of the officer to keep apprised of court appearances and the status of those cases by contacting the appropriate prosecuting attorney's office.
An officer who is subpoenaed to appear in court or is notified of "week certain" trials is responsible for alerting the prosecuting attorney's office should the officer be outside of the metropolitan area during this "week certain" time frame. The officer shall provide the prosecuting attorney's office a telephone number should the officer be needed for court.
VI. Agency Role in Criminal Justice and Social Service Diversion Programs The Roseville Police Department will utilize available diversionary programs for cases considered unsuitable for prosecution. For adults, diversion most often consists of transfer to a detoxification, mental health or chemical dependency facility. For juveniles, diversion is generally determined by the Juvenile Officer, depending on the incident and the juvenile's previous law enforcement contacts.
VII. Department Goals and Objectives a. Formulation and Annual Updating of Goals and Objectives: Written goals and objectives for the Department as a whole and for each component will be formulated, updated on a regular basis and distributed to all department personnel. b. Multi-Year Plan: The Chief and staff will develop a multi-year plan to include: long term goals and operational objectives, anticipated workloads and population trends, anticipated personnel levels, anticipated capital improvement needs and provisions for review and revision as needed. The plan should be created yearly.
Date: 1/1/2019
Approved by Chief Rick Mathwig
33 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 109 Administrative Communication
I. Purpose and Scope This policy provide guidelines applicable to all administrative communications generated by Roseville Police Department personnel.
II. Personnel Orders Personnel orders may be issued periodically by the Chief of Police or designee to announce and document all promotions, transfers, hiring of new personnel, separations, individual and group awards and commendations, or other changes in status. Such orders are personnel data under Minn. Stat 13.43 and shall be treated accordingly.
III. Surveys All surveys made in the name of the department shall be authorized by the Chief of Police or designee.
IV. Written Communications Communications shall not violate city policies on communication in the City of Roseville Employee Handbook. Communication shall not violate the Respectful Workplace Policy.
V. Police Reports All police reports should be reviewed and endorsed by the employee’s supervisor prior to transmittal. A supervisor’s endorsement shall constitute the following: a. The facts fairly describe the crime or incident reported. b. The documentation of the crime or incident is sufficient and consistent with standards of the Roseville Police Department. c. The appearance, grammar, and spelling are consistent with the standards of the Roseville Police Department.
VI. Internal Memoranda Internal police department memos and communications, including computer and phone messaging, may be submitted to the affected employee.
VII. External Business Communications to Individuals Individual memoranda and letters representing external business communication between a sender and addressee that are not likely to be posted or circulated to other persons may be transmitted directly to the intended recipient.
VIII. Public Communication/Press Releases Written public statements shall be reviewed and endorsed by administrative staff prior to transmittal. During non-business hours, public communication and press releases may be endorsed by Roseville Police Department Supervisors on behalf of the Deputy Chief. Press releases will adhere to conditions set in the Public Information Policy.
34 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Date: 1/1/2019
Approved by Chief Rick Mathwig
35 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 110 Allocation and Distribution of Personnel
I. Purpose and Scope This policy provides guidelines for the effective allocation of agency personnel. The department balances the employee’s needs against its needs and inherent managerial right to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the need to meet operational requirements of the department.
II. Policy The department seeks optimum allocation of personnel, based on available resources, to serve the needs of the community.
III. Allocation Based on Workload Assessments Agency personnel are allocated to organizational components based on documented workload assessments. Assessments are made through a combination of measurable work products and supervisory judgments. The nature and number of tasks, as well as their complexity, location and the time required for completion, are some of the determining factors of actual workload. Allocation data and calculations are maintained by the agency's records management system. At least annually, the Chief of Police will reassess allocation of personnel with input from staff in accordance with current demand.
IV. Patrol Division Personnel Allocation Allocation of personnel in the Patrol Division is based on a workload assessment containing an analysis of at least the following factors: a. Number of incidents handled by patrol personnel during a specific period. b. Average time required to handle an incident at the patrol level. c. Calls for service by time of day, day of week, month of year. d. Geographic distribution of calls for service.
V. Patrol Districts for the City of Roseville a. 5X81: North and west Roseville borders, Hamline Avenue on the east and County Road B2 on the south. b. 5X82: North and east Roseville borders, Hamline Avenue on the west and highway 36 on the south. c. 5X83: South and west Roseville borders, Hamline Avenue on the east and County Road B2 on the north. d. 5X84: South and east Roseville borders, Hamline Avenue on the west and Highway 36 on the north.
VI. Minimum Staffing Minimum staffing will vary according to the following schedule: a. 0600 - 1100 hours = Four officers
36 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. 1100 - 1500 hours = Five officers c. 1500 - 1800 hours = Six officers d. 1800 - 0000 hours = Six officers e. 0000 - 0300 hours = Five officers f. 0300 - 0600 hours = Four officers
Through scheduling, sergeants are to see that crew strength does not fall below minimum staffing. To maintain shift strength, sergeants need to closely monitor and supervise training and other crew leave requests, coordinating them within and between crews. If a conflict arises, training and leave approvals will have to be adjusted to maintain minimum strength. The vacation policy will be adhered to. Supervisors are to keep the Operations Lieutenant informed of any anticipated minimum staffing problems.
If there is occasion to fall below the minimum staffing level or when there is an emergency requiring more officers than scheduled, supervisors have the authority to implement our mutual-aid agreement in accordance with the Mutual Aid Policy.
VII. Annual Review of Specialized Assignments At least annually, the Chief of Police will review each specialized assignment to determine whether it should be continued, expanded or modified. The review will include: a. An evaluation of the initial conditions leading to the implementation of the specialized position. b. A review of the position with the position's supervisor. c. A review of the job description or statement of purpose for each position.
Specialized officer assignments include, but are not limited to: d. Assigned detective e. School liaison officer f. Canine officer g. Sergeant h. IMPACT Officer
VIII. Announcements for Specialized Assignments Specialized assignment vacancies will be posted via department e-mail and announced in roll call.
IX. Selection for Specialized Assignments Employees who meet the announced eligibility criteria may apply for specialized assignment. Ordinarily, selections will be made based on skills, knowledge, ability, education, interest, and other criteria as determined by the Chief of Police. Factors in determining the selection and the process for selection will be included in the specialized assignment announcement.
37 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
X. Civilian Positions Positions not requiring the skills, knowledge, or abilities of a sworn officer will ordinarily be staffed by civilians. This policy does not apply to the temporary assignment of sworn personnel to these positions in the event of emergencies for the purposes of training or career-development.
Date: 1/1/2019
Approved by Chief Rick Mathwig
38 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 111 Fiscal Management and Agency Owned Property
I. Purpose and Scope This policy establishes standard procedures for department fiscal and property management. It is department policy to efficiently and effectively plan, use, and account for material and financial resources. The department works with the City Finance Department to develop and utilize financial and budgetary controls.
II. Authority and Responsibility for Fiscal Management Pursuant to Minnesota Statute § 412.651 the City Manager is responsible for the fiscal management of the city, including the preparation and submission of the annual budget. The Roseville City Manager has delegated the authority and responsibility for management, direction and control of the operations and administration of each department to the respective department head, subject to the manager's approval. As head of the police department, the Chief of Police has fiscal management authority and responsibility. The fiscal management components of this policy include, at a minimum: a. Coordination and supervision of the department's annual budget. b. Supervision of internal agency expenditures and related controls. c. Maintenance of liaison with the City Finance Department.
III. The Budgeting Process The City Finance Department determines when the budget process for the next fiscal year is initiated. The Chief or a designee prepares the draft operating budget and distributes forms to all department personnel seeking input for capital and equipment needs. The Operations Lieutenant prepares the patrol budget; the Investigative Lieutenant makes budgetary recommendations for Investigations and the School Liaison Officer, and the Police Services Manager makes budgetary recommendations for administration and office staff. Other department members participate at the direction of the Chief.
By state statute, the City Manager is responsible for preparation of the annual city budget. The City Finance Department prepares and distributes budget development guidelines to all department heads, based on parameters established by the City Manager. The Chief of Police then provides these guidelines, including instructions for preparing and justifying budget requests to other agency members designated to support budgeting. The budget process is as follows: a. Budget packages distributed to department heads; individual budget meetings held with Finance Director and department heads; budget input forms distributed to Police Department personnel. b. Department budget prepared by Chief's designee and reviewed by Chief with recommendations for changes or requests for additional information; all department budgets submitted to Finance Department; budget analysis submitted to the City Manager.
39 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Individual department heads meet with City Manager and Finance Director to review their department's budget. d. Preliminary city budget presented to City Council; management/council budget workshops. e. Proposed budget presented to City Council; adoption by council of proposed budget and levy. f. Adopted budget and levy submitted to Ramsey County. g. Public hearings on adopted budget and levy (dates are set by Ramsey County Auditor).
The City's fiscal year is January 1 through December 31. The above process takes place in the prior year.
IV. Monthly Status Reports for Agency Budget The City Finance Department manages an accounting system that provides the department with monthly status reports. These reports show: a. Initial appropriations for each account. b. Balances at the commencement of the month. c. Expenditures and encumbrances made during the month. (An encumbrance is a commitment in the form of an order, contract, salary or similar item that will become due payable when goods are delivered or services rendered.) d. Unencumbered balances.
V. Independent Audit of Agency Finances An independent audit is conducted annually of the City accounts and finances, as required by state statutes. All Police Department accounts and funds are open for inspection by the auditors, who receive full cooperation and assistance from department personnel.
VI. Purchasing The Chief of Police designates the Police Service Manager to serve as liaison to the City Finance Department in the requisition and purchase of department equipment. The Police Services Manager maintains all department documentation of purchase orders and agency expenditures.
Specifications for items requiring standardized purchases, bidding procedures, and criteria for selecting vendors and bidders will conform with administrative guidelines established by state statute and city policy as set forth by the Finance Department. In lieu of written guidelines for selecting vendors and bidders, the department will award bids to any lawfully registered vendor whose references and/or performance bond indicate they can successfully provide the product or service requested.
Emergency purchases or rental agreements for equipment must be authorized by the Chief of Police or designee. The Chief of Police may obtain supplemental and emergency appropriations by submitting a request to the City Manager for subsequent approval by the City Council.
40 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Fund transfers may be obtained by the Chief of Police by submitting a written request to the City Finance Director. This request includes the account numbers involved in the transfer and the reason for the request.
VII. Maintenance of Cash Accounts a. Front Counter Receipts: The department provides copies of police reports, statistical reports, and crime/accident scene photos. Department personnel receive payment at the front counter of the Police Department. Fees are established and published in the City of Roseville Fee Schedule. The front office assistant generates a tally of funds in the cash register till and hands off the funds and tally to the Finance Department on a regular basis. Monies received at the front counter of the Police Department go into the city's general fund b. Petty Cash: The Chief of Police or Police Services Manager may authorize disbursement of petty cash. c. Investigative Cash: Money kept in the “buy fund” is used for payments to informants or similar investigative purposes. The buy fund is maintained by the Investigative Lieutenant, who must approve and document disbursements. The buy fund is audited by the Finance Director or a designee. All cash received as property or evidence is initially placed in the department's property room safe. If not being held as evidence, the cash is then deposited at a bank, with documentation on the property sheet and notification made to the Finance Department. The Property Room Manager maintains a record of all property confiscated by the department.
VIII. Agency-Owned Property a. Inventory Control: The City Finance Department maintains a master inventory of all city property and equipment, including that of the Police Department. The inventory is updated when new property is added and when existing property is disposed of. b. Accountability for Agency Property: Each member of the agency is held accountable for all city property issued; all property assigned for a given shift, task or project; and all department property they use. The Duty Sergeant checks the condition of department property issued to personnel as part of routine inspectional duties. The check is conducted not less than once every six months. Any lost, damaged, or stolen agency property must be reported in writing to the Duty Sergeant by the officer to whom the property was assigned. Officers discovering damaged or lost property not assigned or issued to them will follow the same procedure described in the previous paragraph. c. Investigation of Damage to City-Owned Property: All city employees must immediately report in writing to their supervisor any damage, advising of the damage, injuries, and how the property was damaged. A Material Damage to Property form may be completed in approved situations. The immediate supervisor or designee investigates the following damage to city-owned vehicles and property: i. Property damage to city-owned vehicles including dents, scrapes and vandalism. ii. Damage to other vehicles involved in accidents with city-owned vehicles. (In most cases, an outside agency should write the accident report; if an outside
41 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
agency is unable to respond and write the report, the Duty Sergeant should do so and explain why an outside agency did not participate.) iii. Damage to fixed objects resulting from the use of City-Owned vehicles. iv. Damage to city-owned property other than vehicles. d. Responsibility for Operational Readiness of Property: Individual officer ensure that stored agency property is maintained in a state of operational readiness. Examples of such property include radios, handcuffs, batons, and items of special equipment such as radar, cameras and surveillance gear. Personnel inspections are performed twice each year; completed inspection records are kept by the department.
Date: 1/1/2019
Approved by Chief Rick Mathwig
42 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 112 Direction and Control
I. Purpose and Scope This policy establishes responsibility for the overall management, direction and control of the department; a command protocol in the absence of the Chief Executive Officer; authority and responsibilities concerning issuing and following orders; procedures dealing with conflicting orders or polices: and procedures for communication and cooperation among agency organizations.
II. Policy The Roseville Police Department establishes clear lines of authority and responsibility within the organization.
III. Responsibility and Authority for Agency Directions The Chief of Police is the Chief Executive Officer of the Roseville Police Department. Roseville is an "Optional Plan B" City pursuant to Minnesota Statute § 412.611, which provides for the council-manager form of government. In accordance with the statutes, "Neither the council nor any of its members shall dictate the appointment of any person to office or employment by the manager, or in any manner interfere with the manager or prevent the manager from exercising judgment in the appointment of officers and employees in the administrative service."
In addition, the Roseville City Code, 104.01(E) states "All appointments to municipal service shall be made by the City Manager." The City Manager has delegated the authority and responsibility for the management, direction and control of the operations and administration of the Police Department to the Chief of Police, subject to the general supervision of the City Manager.
IV. Command Protocol. In the absence of the Chief of Police: a. In case of an unexpected absence of the Chief of Police due to temporary incapacitation or inability to act, the Deputy Chief will exercise command authority as Acting Chief. In case of an unexpected absence of the Deputy Chief, the Operations or Investigative Lieutenant will exercise command authority. b. In case of routine absences of the Chief of Police for such things as vacations or travel, the Deputy Chief will serve as Acting Chief. In case of routine absences of the Chief and the Deputy Chief occurring at the same time, the Operations or Investigative Lieutenant will exercise command authority. In case of a long-term absence of the Chief of Police, the City Manager shall appoint an Acting Chief with both administrative and command authority. c. Special Cases: i. Patrol Procedures: Unusual Occurrences/Emergency Management addresses changes in command protocol under special circumstances.
43 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. In the case of a single operation/incident involving personnel from different divisions within the department, the highest ranking officer exercises command authority. iii. When requesting or providing mutual aid, command authority rests with the Commanding Officer of the requesting jurisdiction. iv. In normal department operations, the Duty Sergeant exercises command authority unless officially relieved of command by a higher-ranking official.
V. Following Orders a. Obedience to Orders: Members of the department are required to obey any lawful order of a superior including any lawful order relayed from a superior by an employee of the same or lesser rank. No command or supervisory officer shall knowingly issue an order that is in violation of public law or department rules and regulations. b. Obedience to Unlawful Orders: Members are not required to obey orders contrary to public law. Obedience to an unlawful order is not a legally sufficient defense for an unlawful act. Responsibility for refusal to obey rests with the member. Members will be strictly required to justify their actions. c. Obedience to Incorrect Orders: Members receiving orders they feel are incorrect with respect to department rules and regulations, as differentiated from unlawful orders described previously, must first obey the order to the best of their ability (except when ordinary and prudent knowledge indicate that following the order would be detrimental to the city, Police Department, or the physical well-being of the member or citizens). The member may then proceed with an appeal as provided in the manual.
VI. Conflicting Orders or Directions a. Conflicting Orders: If a department member receives an order that conflicts with a previous order or instruction, the employee will respectfully call the conflict to the attention of the superior officer issuing the last order. Should the latter not change the order, and the order is lawful, it will be obeyed and the employee will be relieved of any responsibility to obey the first order. b. Countermanding Orders: Orders and instructions will be countermanded or conflicting orders or instructions knowingly issued only when reasonably necessary for the good of the department. The person issuing the countermand will notify the person who issued the original order the action taken and the rationale.
VII. Communication and Coordination of Agency Functions The department conducts formal and informal meetings at all levels within the agency. Such meetings enhance communication throughout the organization and to promote a thorough exchange of information and ideas. a. Administrative Staff Meetings: The Chief of Police's staff, consisting of the Deputy Chief, the Operations Lieutenant, the Investigative Lieutenant, the Police Service Manager, and the Community Relations Coordinator will meet as needed. Scheduling will be at the discretion of the Chief.
44 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Department Staff Meetings: Department staff meetings will be held as determined by the Chief. These meetings will include the Chief, the Deputy Chief, the Operations Lieutenant, the Investigative Lieutenant, the Police Services Manager, the Community Relations Coordinator, the Chief's Administrative Assistant, or the designees of any of the above-mentioned personnel. Others may be invited by the Chief. The agenda for staff meetings will be prepared at the direction of the Chief and distributed in advance to all participants for their preparation and input. Minutes will be taken at all meetings and distributed to all scheduled attendees, whether or not they were present c. Sergeants Leadership Meetings: Sergeant Leadership Meetings will be held as determined by the Operations Lieutenant. These meetings will include the Chief of Police, Deputy Chief, Operations Lieutenant, Investigative Lieutenant, Sergeants, and others invited by the Operations Lieutenant. d. Agency-wide Meetings: Agency-wide meetings will be held at the discretion of the Chief of Police. e. Roll-Call: Roll-Call information may be electronically distributed via the roll call folder located on the department's report management system. Anyone wishing to speak in person to each crew or to a specific crew may arrange to do so with the Operations Lieutenant.
Date: 1/1/2019
Approved by Chief Rick Mathwig
45 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 113 Confidentiality Agreement
I. Purpose and Scope Roseville Police Department employees will learn of or have access to information (verbal, written or electronic) that is personal, sensitive, private, or confidential in nature and protected by state law. To comply with Minnesota State Statute § 13.82 and to preserve the integrity of the department, employees are required to sign an Employee Confidentially Agreement upon hire.
II. Policy All department employees are required to adhere to the terms as set forth in the Employee Confidentiality Agreement.
III. Sensitive/Protected Data Questions or concerns relating to the sensitivity or status of data should be addressed with the employee's supervisor prior to public release of said information. This information includes, but is not limited to: a. Incident reports as defined in Minn. Stat. § 13.82, Comprehensive Law Enforcement Data. b. Minnesota Department of Public Safety data, to include data accessible through the Minnesota Bureau of Criminal Apprehension (BCA), Criminal Justice Data Network (CJDN), and the Driver Vehicle Services (DVS) law-enforcement website. c. Minnesota Court Information System (MNCIS). d. Computer-aided dispatch (CAD) data. e. Records Management System (RMS) data. f. Any other law-enforcement data or related information.
IV. Criminal Justice Network Security The Minnesota Bureau of Criminal Apprehension (BCA), Criminal Justice Data Network Security Policy requires employees to be fingerprinted and pass a criminal-history screening. Furthermore, the BCA Criminal Justice Data Network Security Policy states that persons who have not undergone this background process are to be escorted while in any location where Criminal Justice Data Network (CJDN) data is accessible.
Date: 1/1/2019
Approved by Chief Rick Mathwig
46 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 114 Position Classifications and Job Descriptions
I. Purpose and Scope This policy establishes and maintains a position classification and job description plan with criteria for hiring, assignment, promotion, training, and performance evaluation in the department.
II. Policy The Roseville Police Department establishes and maintains a written job-task analysis for each class of sworn employees within the agency and a written job description for each position within the agency. The Roseville Police Department works with the Civil Service Commission and the City Human Resource Manager to accomplish these tasks.
III. Job Task Analysis The Human Resources Manager maintains computerized Time Spent Profiles (TSP’s) for all personnel classifications as required by state law. These are updated only as classification duties, functions, responsibilities, and tasks change. These detailed statements are summarized by significant categories and made a part of the classification’s job description.
Additionally, the job description for each classification includes an analysis of physical requirements to comply with the American with Disabilities Act Requirements.
IV. Classification The Police Civil Service Commission has primary responsibility for the classification of employees. Group classifications for pay purposes are a function of the Human Resources Manager. The following classifications are recognized by the Police Civil Service Rules and Regulations and the Roseville Human Resources Office: a. Police Officer b. Sergeant c. Lieutenant
The Chief of Police or designee provides necessary assistance to the Human Resources Manager to ensure the development and maintenance of job specifications accurately reflect the current nature of duty, responsibility, tasks, knowledge, and skill requirements. The Chief of Police or designee reviews the classifications and specifications as needed and forwards recommendations for changes to the Human Resource Manager.
V. Specialized Positions Within Classifications Specialized positions within a classification are assigned by the Chief of Police. Those applying for the position will submit a memo of interest to the Chief, who determines and publicizes a selection process. Assignments are for specific durations which is publicize when applications are accepted. Patrol sergeants bid for a shift are assigned based upon seniority.
47 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Class—Sergeant: Detective Sergeant & Duty (Patrol) Sergeant b. Class—Police Officer: School Liaison Officer, Canine Officer, Detective, Impact Officer.
VI. Job Descriptions The Human Resources Manager maintains job descriptions for every position. The job descriptions are prepared in the department and reviewed by the supervisors. Recommendations for changes are reviewed by the Chief of Police. The Chief approves, modifies, or denies the recommendations then sends recommended changes to the City Manager. Job descriptions are reviewed with employees prior to their assignment.
Date: 1/1/2019
Approved by Chief Rick Mathwig
48 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 115 Compensation and Benefits
I. Purpose and Scope This policy ensures that all department employees are familiar with and aware of the benefits and salary structures of the City of Roseville and specifically the Roseville Police Department.
II. Policy It is the policy of the Roseville Police Department to clearly communicate to its employees all relevant information regarding compensation and benefits.
III. Salary Structure The City of Roseville has five different groups for compensation purposes. Three of the groups are represented by labor unions and compensation is negotiated as part of a collective bargaining agreement. The remaining staff members belong to exempt or non- exempt pay plans. All of the compensation plans are approved by the City Council. Questions relating to the city's salary program should be directed to the Human Resource Manager.
IV. Union Employees Labor Agreements for police officers and for police sergeants address each of the following: a. Entry-level salaries. b. Salary differential within ranks. c. Salary differential between ranks. d. Salary levels for those with special skills/duties, if any. e. Compensatory time policy. f. Overtime policy. g. Salary augmentation: Longevity and education.
V. Non-Union Employees The City Manager annually prepares a compensation plan that establishes a salary structure for non-union employees. The compensation plan is structured in accordance with the city's position classification plan that is presented to the City Council each year for review, comment and approval by council resolution. The city's overtime/compensation time policies are clearly stated in the City of Roseville's Employee Handbook.
VI. General Employee Benefits The city offers a flexible "cafeteria" style benefit program in which employees may choose various benefits and/or coverage based upon benefits offered by the city, each employee's needs, the dollar amount of coverage provided by the city and any additional amount the employee is willing to pay. The employee benefits package is reviewed annually by the City Manager and Human Resource Manager; any changes are communicated by the Human Resource Manager.
49 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Employee benefits are described in the City of Roseville Employee Handbook. More detailed information is available from the city's Human Resource Manager or by contacting benefit providers directly. For employees covered under collective bargaining agreements, signed labor agreements supersede city policy where variances occur. Specific employee and employer contributions for these benefits are set forth in the Labor Agreements for Officers, Sergeants, and Lieutenants.
Regular full-time employees are eligible to receive Personal Time Off (PTO), holiday leave, sick leave, vacation leave, funeral leave, military leave, family and medical leave, and other leave benefits described in the staff handbook, union contract, or as approved by City Council resolution. Regular part-time employees who work at least 20 hours per week are eligible for paid holidays on a prorated basis and for any other benefits approved by City Council resolution.
VII. Vacation Leave For sworn employees, all vacation requests must be submitted for approval to the employee's immediate supervisor. The number of employees allowed vacation at any given time will be governed by the supervisor's assessment of whether there is adequate personnel strength to conduct operations. In accordance with current labor agreements, continuous vacation periods requested by March 15 of each year will be awarded on the basis of seniority. Requests made thereafter shall be at the discretion of the supervisor.
The City of Roseville encourages staff to make regular use of vacation time in order to maintain a healthy balance of work and non-work. To achieve this goal, the city has placed a cap on the amount of accumulated vacation time. The cap provides for a maximum accumulation of two times the amount of vacation time earned in one year. Once the cap is reached, the employee will forfeit additional vacation time until time is used to fall below the cap. To prevent/limit the need for capping vacation accrual, all department heads are provided biweekly reports by the Finance Department. The Chief of Police passes this report on to department supervisors who will advise employees who are nearing the cap.
In accordance with current labor agreements, the city may grant covered employees a maximum of two days of emergency vacation time twice per year. A request for such leave must be made at least 24 hours in advance and must be approved by the employee's immediate supervisor.
VIII. Employee Assistance Program (EAP) The EAP is for employees and their families having personal problems that may or may not be related to job performance. Employees may refer themselves to EAP or be referred by supervisors. When referred by a supervisor for a specific purpose, the EAP counselor will be asked to submit a report to the supervisor regarding the employee's progress; whether the employee presents a risk to themselves or the department; what, if anything, the supervisor
50 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
can do to assist the employee, and whether further counseling is recommended. The current health care provider and/or Human Resources can provide for current EAP phone numbers and contact information.
IX. Employee Assistance Following a Critical Incident The ramifications of post-traumatic stress disorder can be lessened with prompt counseling for the officer and their family. The city will provide such services through the EAP or other qualified psychologists or counselors. In certain instances, such as use of force incidents, counseling will be required.
All officers involved in a critical incident that produces death, great bodily harm, high risk of death, or great injury may be required to undergo critical incident debriefing conducted by qualified mental health providers at the expense of the City of Roseville. Examples include, but are not limited to, officer involved shootings, high risk pursuit injuries or death, mass injuries, or serious events that have the potential to evoke a significant emotional response.
Should the critical incident involve death or great bodily harm, the officers involved shall be required to undergo critical incident debriefing conducted by qualified mental health providers at the expense of the City of Roseville. In order to maximize the potential for full recovery from the stress of a critical incident and in furtherance of maintaining the highest standards of mental health, all matters discussed or brought out for discussion at a critical incident debrief shall be private. No such data may be used in any personnel action and all matters discussed at such debriefing shall be protected data and subject to the requirements of Garrity vs. New Jersey, 385 U.S. 494 (1967).
Involved officers who are unable to return to work in any capacity, as designated by a qualified mental health professional, may continue to be eligible for paid time off pursuant to Minn. Stat. § 299A.475 and/or applicable provisions of the Labor Agreement and other Civil Service Rules.
X. Employee and Family Post-Traumatic Support The Roseville Police Department offers immediate support and referral services to employees and their families when an officer becomes the victim of physical or psychological violence resulting in serious trauma or death. a. Notification: In the case of death of or serious injury to an officer, the highest ranking on-duty officer not primarily involved in controlling the investigation or the employee designated by the injured employee on the line-of-duty death packet will notify the family of the officer(s) and supervise efforts to meet the family's needs. Whenever possible, a mental health professional, member of the clergy, social worker or other person skilled in crisis counseling should accompany the officer charged with notification of the family. Every effort will be made to notify the family before releasing information to the media or friends of the officer.
51 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Support Services: Short-term support (through the funeral or until the injured officer returns home) offered by the department shall include transportation assistance, child care, public/media liaison assistance or control, assistance with funeral arrangements, continued information on developments, and progress of the officer's case. c. The city will assign someone from the City Attorney's office to assist the officer or their family in applying for any of the benefits for families of deceased officers.
Date: 1/1/2019
Approved by Chief Rick Mathwig
52 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 116 Organization Structure and Responsibility
I. Purpose and Scope This policy defines the Roseville Police Department’s organizational structure.
II. Policy The structure of the Roseville Police Department provides effective service while ensuring unity of command, delineating responsibility, and delegating authority.
III. Responsibility of Department Components The responsibility of each organizational component is based on a traditional hierarchy structure. Job descriptions for each position within the department are found in the city’s human resource office: a. Chief of Police: The Chief of Police has authority over the department. b. Deputy Chief: The Deputy Chief is responsible for the Professional Standards Division. Professional standards comprise ethics, internal affairs, research and development, training and development, policy and procedure review, alcohol and tobacco compliance checks, oversight of the department's community service officer unit, department fleet, department portable and mobile radios and employee inspections. The Deputy Chief is responsible for the hiring background-check process, updating the policy and procedures manual, public information officer and data practices coordinator. The Deputy Chief supervises the Police Services Manager and Community Relations Coordinator. c. The Operations Lieutenant is responsible for the patrol function. Each patrol crew is staffed by a licensed, uniformed supervisor usually ranked at the level of sergeant or above. Crew supervisors report directly to the Operations Lieutenant. Patrol division responsibilities include protection of life and property, enforcement of federal laws, state laws, local ordinances, the routine investigation of accidents and criminal activity, crime prevention, and community relations. Additional responsibilities include serving as liaison officer for the Police Department's reserve unit. d. The Investigative Lieutenant is responsible for criminal investigations. This Lieutenant or designee assigns cases to be investigated by the patrol division to the patrol sergeant. Complex cases are investigated by the department's investigative unit under the direction of the Investigative Lieutenant or designee. Additional duties include DWI/narcotics forfeitures and tracking known location of registered predatory offenders. e. Patrol Sergeants directly supervise the activities of police officers and others in the areas of patrol, crime prevention, criminal apprehension training, planning, records, reports, identification, traffic law enforcement, traffic accident investigation/prevention, public education, public relations, and criminal/non-criminal investigations (both juvenile and adult). The sergeant works independently under the general supervision and guidance of the Operations Lieutenant or Chief as assigned.
53 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. The Patrol Unit enforces state and federal laws and city ordinances; conducts preliminary and follow-up investigations of incidents, traffic accidents and crimes; protects life and property; prevent crimes; promotes community relations; provides the highest level of service to residents and visitors; and performs all duties within the guidelines, policies, procedures, rules and regulations set forth by the department. g. The Police Services Manager manages civilian records technicians and the office assistant and is responsible for the department hiring process, the department budget, procurement and maintenance of department grants, department purchasing and accounts payable department records management and retention and the website. h. The Community Relations Coordinator/Crime Analyst analyzes crime trends and statistics as well as coordinating crime prevention and outreach activities with the assistance and support of the patrol division, civilian volunteers, and various community groups and businesses. i. The Department Assistant maintains personnel files, administers and troubleshoots the records management system, and coordinates monthly department reports, traffic statistics, and the college internship program.
IV. Organizational Chart The organization chart is reviewed, updated and approved as needed by the Chief of Police.
V. Unity of Command Unity of command within the Roseville Police Department is achieved by ensuring each organizational component is under the direct command of only one supervisor and each employee is accountable to only one supervisor for any particular job function.
VI. Span of Control Agency supervisors shall not have more than twelve (12) full-time paid employees under their direct control and supervision. Limits for the number of volunteer and part-time employees under a supervisor's direct control will be established by the Chief of Police based on the amount of time and type of work performed by the volunteer and part-time employees.
Span of control responsibilities are under the direction of the Chief of Police and any revisions thereto shall be the sole responsibility of the Chief of Police.
VII. Chain of Command Each employee's authority shall be equal to the level of responsibility assigned and each employee is accountable for the use of such authority.
Supervisors are accountable for the performance of employees under their immediate control. Each supervisor is responsible for accepting information, recommendations and requests from subordinates and taking appropriate action. Supervisors shall provide
54 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
feedback to the employee regarding any action taken and the outcome or anticipated outcome of said action. The chain of command shall be adhered to at all times except: a. When the employee's supervisor is the source of the problem. b. When the employee receives no assistance feedback from the supervisor regarding the problem. c. When employees have a personal matter they do not feel comfortable discussing with their supervisor; however, the employee shall inform the supervisor of any such discussion that falls outside the chain of command.
Date: 1/1/2019
Approved by Chief Rick Mathwig
55 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 117 Collective Bargaining
I. Purpose and Scope This policy defines the department’s role in the collective bargaining process.
II. Policy It is the policy of this agency to bargain in good faith, adhere to current labor agreements, and resolve impasses and grievances in accordance with the law. This department will not intentionally violate any portion of the current labor agreement when formulating policy and procedures.
III. Agency Role in Collective Bargaining Collective bargaining has been a longstanding practice of this agency. Employee representatives are responsible for negotiating agreements that are within reasonable budgetary constraints and preserve the managerial rights necessary to effectively provide law enforcement services to the City of Roseville. In negotiating such agreements, members of this agency will strive to maintain a professional relationship with all union and non-union employees.
IV. Recognized Bargaining Units The city recognizes Law Enforcement Labor Services, Inc. as the exclusive bargaining agent for all police personnel in the job classification of police officer, sergeant, and lieutenant.
V. The Bargaining Process Through the city, the department shall bargain in good faith consistent with Minnesota Statute 179.06. The city and the department will abide by the ground rules for collective bargaining, and will abide in both letter and spirit with the negotiated labor agreements that have been signed by management, labor representatives, and ratified by the bargaining unit.
VI. Notification to Managers and Supervisors The Chief of Police or a designee shall inform all supervisory and management personnel of the terms of any new or amended labor agreements affecting personnel under their supervision. The Chief or designee shall provide supervisors and managers with copies of all new or amended contracts.
VII. Amendment of Policies and Procedures The Roseville Police Department will review and revise any administrative policies necessary to ensure compliance with the signed and ratified labor agreements.
Date: 1/1/2019
Approved by Chief Rick Mathwig
56 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 118 Patrol Organization and Administration
I. Purpose and Scope This policy defines the organization and function of the Patrol Division and outlines procedures that encourages optimum use of patrol resources. Patrol is a primary law- enforcement function embracing much more than the act of patrolling. Officers must be prepared to effectively manage the full spectrum of law enforcement challenges, from trivial to deadly.
II. Policy This agency is committed to the optimum organization, assignment, scheduling, and effective use of patrol resources.
III. Continuous Coverage The Department provides continuous community coverage seven days a week, 24 hours each day. Shift overlaps will be provided to the greatest practical extent so officers will be available to cover late calls and emergencies. However, all officers are available for immediate assignment to emergency and priority calls.
IV. Patrol Scheduling a. Shift Assignments: The Patrol Division will bid for shift assignments once each year for the following calendar year, or more often if authorized by the Chief of Police. Shifts will be assigned on the basis of seniority. The Operations Lieutenant or designee will prepare and distribute the shift schedule for the full calendar year. b. Patrol District Assignments: Each officer will be assigned to a specific patrol district by the Duty Sergeant and will serve that district for the entire bid period. The officer will therefore become better acquainted with that district’s people, problems, and needs. However, the Duty Sergeant may assign officers to any other area as necessary.
V. Roll Call The Roseville Police Department requires a daily roll call for all on-duty patrol officers. Roll call is a method to collect and distribute information for a crew coming on duty. It can be used both to pass on and receive information for patrol activities, along with other information, such as training, inspections, scheduling, new/revised policies, and administrative news. The active involvement of the entire department, including Community Relations/Analysis, Investigations, Administration, and especially Sergeants, is needed for roll call to be as helpful and run as smoothly as possible. a. Roll call will begin at the start of each shift in the Roll Call Room. It will last as long as necessary and practical, normally 15 to 30 minutes. The outgoing crew and other personnel should stay out of the Roll Call Room during this time so that roll call is not unnecessarily interrupted. b. The Duty Sergeant, or a designee, is responsible for disseminating and explaining roll call information. Although roll call is a structured program, the roll call atmosphere should
57 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
be informal enough that information can be freely shared and officers can be as prepared as possible for their shift. c. The daily basic roll call will cover: i. Squad assignments for the next shift; ii. Highlights of the previous day’s calls from RMS; iii. A review of relevant teletypes and any other correspondence; iv. Other information deemed appropriate and necessary. This may consist of scheduling information, inspection of vehicles, personnel and squad room, training information, administrative information, review and discussion of new or revised policies. d. Roll call is the broadest method of circulating information and should be used for all information relating to patrol activities. No notes or memos (such as "be on the lookout for" messages) should be given to a specific squad if that information could benefit others. e. Officers who report for duty when roll call has already taken place are responsible for reviewing the roll call information. f. All roll call information will be stored on the LETG Report Management System computer system network. The Duty Sergeant ensures those who are unable to attend roll call review understand the roll call information as soon as possible in their shift. g. The incoming Duty Sergeant will be thoroughly briefed by the outgoing Duty Sergeant on significant events of the day or special events.
Date: 1/1/2019
Approved by Chief Rick Mathwig
58 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 119 Emergency Management
I. Purpose and Scope In compliance with the Minnesota Emergency Management Act of 1996 (Minn. Stat. § 12.09), the city has prepared an Emergency Operations Plan Manual. This manual is for the guidance and use by all employees in the event of a major disaster, civil disturbance, mass arrest, or other emergency. The manual provides for a strategic response by all employees and assigns specific responsibilities in the event the plan is activated.
II. Activating the Emergency Operations Plan The Emergency Operations Plan can be activated in a number of ways. For the Police Department, the Chief of Police, or designee, may request to activate the Emergency Operations Plan in response to a major emergency.
III. Recall of Personnel If the Emergency Operations Plan is activated, all employees of the Roseville Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or designee.
IV. Manuals The emergency management manuals and forms are available on the city’s intranet.
V. Training The department will provide training in the Emergency Operations Plan for all supervisors and other personnel. All supervisors should familiarize themselves with the Emergency Operations Plan and the roles police personnel play when the plan is implemented.
Date: 1/1/2019
Approved by Chief Rick Mathwig
59 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 120 Major Incident Notification
I. Purpose and Scope This policy provides guidance to members of this department in determining when, how, and to whom notification of major incidents should be made.
II. Policy The Roseville Police Department recognizes that certain incidents should be brought to the attention of supervisors or other specified department personnel to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed.
III. Required Administrative Notification The following situations required notification to Department Administration: a. Homicide b. Suspicious deaths c. Fatal accidents (Interstate and state highway accidents) d. Officer injury e. Death or injury to a suspect f. Forced entry g. Executed search warrants h. Squad accidents i. City employee detained/arrested or suspect in criminal investigation j. City council members or Mayor mentioned in a report k. Arrest of officer/city official from another jurisdiction l. Vandalism to city property m. Robberies n. Pursuits o. Canine apprehension p. Hostage or barricade incidents q. Major fires or hazardous material spills r. Other agency pursuits ending in Roseville resulting in a motor vehicle crash. s. Any other noteworthy event that deserves Police Administration attention. t. Any situation in which the media show a strong interest.
IV. Detective Notification If the incident requires that an officer or investigator respond from home, notification will be made by the On-Duty Supervisor. Detectives will also be alerted of any in-custody arrests requiring follow-up.
V. Incidents Involving High Profile or Public Officials Officers will immediately notify their supervisor when investigating an incident which would normally require a report and involves any law enforcement officer, high-profile individual,
60 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
or other public official. Supervisors should respond to the scene of any incident involving high profile or public officials. The supervisor will also alert command staff of the incident through the appropriate notifications.
Date: 1/1/2019
Approved by Chief Rick Mathwig
61 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 200 Personnel Complaints
I. Purpose and Scope This policy provides guidelines for the reporting, investigation, and disposition of complaints regarding the conduct of members of the Roseville Police Department (Minn. R. 6700.2200). This policy shall not apply to any questioning, counseling, instruction, or other routine contact of a member in the normal course of duty by a supervisor.
II. Personnel Orders The Roseville Police Department takes seriously all complaints regarding the service provided by the department and the conduct of its members. It is the policy of the Roseville Police Department to promptly investigate all complaints against the agency and its employees. Such complaints include allegations of misconduct or violations of department policy. It is also the policy of this department to ensure that the community can report misconduct without concern for reprisal or retaliation.
This policy does not apply to the investigation of criminal charges against an officer; however, if criminal charges are brought, the Chief or designee may follow these procedures at their discretion.
III. Sources of Complaints The following applies to the source of complaints: a. Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone. Any person making a complaint may be accompanied by an attorney or other representative. b. Any department member becoming aware of alleged misconduct shall immediately notify a supervisor. c. Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action. d. Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided. e. Tort claims and lawsuits may generate a personnel complaint. f. The Minnesota Board of Peace Officer Standards and Training (POST) may refer complaints alleging a violation of a statute or rule that the board is empowered to enforce (Minn. Stat. § 214.10, Subd. 10).
IV. Complaint Forms Complaint forms and information on filing a complaint are kept at the front counter in the public lobby and are available to the public from any department member. Information and forms are also available on the department website.
V. Acceptance of Complaints All complaints will be courteously accepted by any department member and promptly given
62 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
to the appropriate supervisor. Although written complaints are preferred, a complaint may also be filed electronically, orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a supervisor is not immediately available to take an oral complaint, the receiving member shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Any person wishing to file a complaint against the Chief should be referred to the City Manager for investigation by an outside agency. If the complaint is against a lieutenant(s) or Deputy Chief, the complaint will be referred to the Chief.
VI. Procedures for Initiating a Complaint a. Immediate Referral: Complaints shall be referred to the immediate supervisor of the accused officer or to the highest ranking officer on duty. b. Immediate Resolution: Supervisors may attempt to resolve complaints, but shall never attempt to dissuade any citizen from lodging a complaint against any employee or the department. If the complaint is resolved and no discipline is involved, the supervisor of the officer involved will note the incident in the supervisor's records and give a summary of the complaint and resolution to the accused officer. c. Required Discipline or Unsuccessful Resolution: If the complaint is not resolved, that is, the complainant is not satisfied with the explanation or there was possible misconduct, or if the complaint is resolved by the supervisor and involves discipline, the supervisor will complete the Misconduct Investigation Summary Form, and will notify the accused officer that a complaint has been received and is being processed. d. Notifying the Deputy Chief: The Misconduct Investigative Summary Form will be forwarded as soon as possible to the Deputy Chief who will assign a control number and give it to the appropriate supervisor for investigation. e. Investigation Unwarranted: Upon receipt of a complaint, the Deputy Chief shall make an initial determination as to whether the allegations warrant investigation. If the Deputy Chief decides that an investigation is not warranted, the disposition of the complaint shall be either unfounded or exonerated. The complainant and accused officer(s) will be notified of this decision and the basis for the determination. If the complainant supplies additional information within fifteen days of the determination, the Deputy Chief may reverse the decision.
VII. Supervisory Responsibilities a. Assigning the Investigation: In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Chief of Police may direct that another supervisor investigate any complaint.
63 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Notification: The Deputy Chief or designee will notify the complainant. The investigating supervisor will notify the accused officer that the complaint is being investigated. Notification should be done as soon as possible unless notification would impede or adversely affect the investigation. c. Assignment to External Agency: The investigation may be assigned to an external agency whenever there is potential for criminal charges resulting from the investigation or in any other situation where the Chief of Police believes an external investigation is appropriate. In potential criminal investigations, the officer need not be notified of the investigation. d. Filing Additional Complaints: The supervisor shall thoroughly investigate all allegations contained in the complaint and any other potential misconduct discovered in the course of the investigation. If the investigation uncovers potential misconduct by another officer, the investigator shall initiate a complaint against that officer.
VIII. Investigation Procedures Investigations will be conducted in compliance with the Police Officer Disciplinary Procedures Act (Minn. Stat. § 626.89). a. Prior to any interview, a member shall be given a copy of any written complaint signed by the complainant (Minn. Stat. § 626.89, Subd. 5). b. Formal statements must take place at a department facility or at a location agreed to by the investigating officer and the accused officer (Minn. Stat. § 626.89, Subd. 4). Sessions at which a formal statement is taken must be of reasonable duration and must provide the officer reasonable breaks. When practical, sessions must be held during the officer's regularly scheduled shift. If the session is held off-duty, the officer will be compensated for time spent (Minn. Stat. § 626.89, Subd. 7). c. The officer whose formal statement is being taken has the right to have an attorney and union representative of the officer's choosing present during the session, and may request such presence at any time before or during the session (Minn. Stat. § 626.89, Subd. 9). The officer's representative(s) shall act only as an observer and shall not take an active part in the interview; however, the representative(s) may give advice if requested. When a request for representation is made under this section, no formal statement may be taken until a reasonable opportunity is provided for the officer to obtain the presence of a representative(s). All officers, including the accused officer, shall cooperate with the investigation. Failure to cooperate may be cause for disciplinary action. d. Before an officer's formal statement is taken, the officer may be given a Garrity and shall be given a Tennessen warning. Garrity states that admissions made in the course of the investigation may be used as evidence of misconduct or as a basis for discipline (Minn. Stat. § 626.89, Subd. 10). Tennessen describes what portions of the investigation may become public data. e. No member should be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. Any member
64 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so. f. A complete record of sessions at which a formal statement is taken must be made by electronic or similar recording. Upon written request of the officer whose statement is taken, a complete copy of the transcript must be made available to the officer without charge or undue delay. The session may be digitally recorded by the investigating officer and by the officer under investigation (Minn. Stat. § 626.89, Subd. 8). g. The department may not require an officer to produce or disclose the officer's personal financial records unless such records are relevant to the investigation and pursuant to a valid search warrant or subpoena (Minn. Stat. § 626.89, Subd. 11). h. A member’s photograph will not be released unless allowed by law (Minn. Stat. § 626.89, Subd. 12). i. The officer under investigation may be required to submit to a medical or laboratory examination, at the department's expense, when the examination is specifically directed and narrowly related to the investigation (e.g. drug testing). j. No member may be compelled to submit to a polygraph examination or related instrument, nor shall any refusal to submit to such examination be mentioned in any investigation. k. All members shall provide complete and truthful responses to questions posed during interview.
IX. Investigators Report Formal investigations of personnel complaints shall be thorough and complete. a. Contents of Report: The investigating supervisor shall prepare a report containing all relevant information organized into the following sections: i. Allegations: This section shall consist of an itemized summary of the acts of misconduct alleged in the complaint. Reference shall be made to those rules, procedures, orders, statutes, or constitutional provisions that would be violated if the allegations are taken as true. ii. Investigation: This section shall consist of a chronological summary of the investigation, including all pertinent facts obtained through interviews with the complainant, accused officer(s) and all available witnesses. Written statements, description and analysis of any physical evidence, and all other relevant information to accurately document the disposition shall be included. iii. Conclusions: This section shall include the investigator's findings, conclusions as to whether any misconduct occurred, and the underlying reasons for the findings and conclusions. The investigation will end by classifying the complaint as sustained, not sustained, exonerated or unfounded. These findings shall not be binding on the Chief. b. Findings of Fact: The investigating supervisor will prepare a Findings of Fact summarizing the case as follows: i. A summary of the act or acts allegedly constituting misconduct and the specific statute, policies, regulations and procedures at issue.
65 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. The investigator's conclusion.
X. Completion of Investigations The supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation in a timely manner. The investigation shall be concluded within thirty days of the filing of the complaint, unless for good cause an extension is granted by the Chief of Police. The complainant and the accused officer shall be informed of any extension of time.
Conversations concerning the personnel investigation should not be discussed with anyone except staff assigned to the investigation or persons who have information concerning the case. Employees interviewed are directed not to make public statements concerning the investigation, to keep the investigation confidential for the benefit of the accused.
XI. Dispositions of Complaints Each personnel complaint shall be classified with one of the following dispositions: a. Unfounded: When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that 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 member. d. Sustained: When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct.
XII. Discipline Disciplinary action may include, but is not limited to (Minn. R 6700.2200): a. Oral reprimand. b. Written reprimand. c. Suspension. d. Demotion. e. Discharge.
XIII. Completion of Investigation a. Adequacy of the investigation: Upon completion of the investigation, the supervisor shall submit their report, the case file, all investigative notes, and any physical evidence or property to the Deputy Chief. If the Deputy Chief determines the investigation was not adequate, they will order a reinvestigation or supplemental investigation. The Deputy Chief will apprise the Chief of the completed investigation. If the Chief determines the investigation was adequate, the Chief will make one of the following dispositions: sustained, not sustained, exonerated, or unfounded. The Chief may withhold making a disposition until any related criminal charges are resolved. The
66 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
complainant shall be informed by the Chief of the reason for a delay of more than 40 days between the time of filing and a final disposition. b. Complaint Sustained: If the complaint is sustained, the Chief shall initiate appropriate disciplinary action. Such action shall be based on the investigative report and the accused member's record of service and shall be in conformance with any application collective bargaining agreement, contract or other rule or regulation relating to discipline of members. The disciplinary action will consist of one or more of the following: an oral reprimand; a written reprimand; suspension with or without pay; demotion or discharge. Non-disciplinary action, counseling and/or remedial training are also options the Chief may utilize. c. Notification to Complainant: Notice to the complaining party shall be provided as soon as practicable following final disposition and be consistent with the provisions of the Minnesota Government Data Practices Act (Minn. Stat. § 13.43 Subd. 2; Minn. R. 6700.2200) d. Notification to the Accused Officer: The Deputy Chief will notify the complainant of the disposition by letter. The accused officer will receive a copy of the Findings of Fact and the Deputy Chief and/or appropriate supervisor shall review it with the accused officer and explain the reasons for any remedial and/or disciplinary actions. A copy of the Findings of Fact will be placed in the officer's personnel file following the review.
XIV. Pre-Discipline 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 imposition of any recommended discipline. The employee shall consider the following: a. The response is not intended to be an adversarial or formal hearing. b. Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. c. The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief to consider. d. In the event that the Chief elects to cause further investigation to be conducted, the employee shall be provided with the results 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 on the limited issues of information raised in any subsequent materials.
XV. Suspension With Pay Command officers and supervisors are authorized, consistent with existing directives, to suspend with pay any employee of this department when acts alleged or committed by such employees are of such a nature that, in the judgment of the superior officer, the interests and welfare of the public, the department, or the individual is best served by such action.
67 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
The command or supervisory officer imposing or recommending the suspensions will report to the Chief in writing immediately after the suspension, stating the circumstances. a. The first work day after the suspension, exclusive of weekends and holidays, the suspending officer, the suspended officer, and the Chief will confer to determine whether or not the suspension will continue during the subsequent investigation or the circumstances which initiated the suspension. b. Suspension without pay will be the sole prerogative of the city manager and will be for disciplinary reasons only.
XVI. Dismissal Following Investigation If the investigation results in dismissal, the following information will be provided to the employee (not applicable to entry-level probationary employees): a. A statement citing the reason for dismissal. b. The effective date of the dismissal. c. A statement of the status of fringe and retirement benefits after dismissal; and d. A statement as to the content of the employee's employment record relating to the dismissal.
XVII. Administrative Leave When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the department, the Chief may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave: a. May be required to relinquish any department badge, identification, assigned weapons and any other department equipment. b. Shall be required to continue to comply with all policies and lawful orders of a supervisor. c. May be temporarily reassigned to a different shift, generally a normal business-hours shift, during the investigation. The employee may be required to remain available for contact at all times during such shift, and will report as ordered.
XVIII. Criminal Investigation When a member is accused of potential criminal conduct, a separate administrative investigation may parallel a criminal investigation. a. The Chief shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief may request a criminal investigation by an outside law enforcement agency. b. A member accused of criminal conduct shall be provided with all rights afforded to a civilian. The member should not be administratively ordered to provide any information in the criminal investigation. c. No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor.
68 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
d. The Roseville Police Department may release information concerning the arrest or detention of any member that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. e. The Chief may postpone making a decision on an administrative investigation until any related criminal charges are resolved. The complainant and involved member should be informed of this decision.
XIX. Review or Appeal a. Re-opening the investigation: Within fifteen days after notification of the disposition, the complainant or the accused officer may request the Chief to reopen the investigation for good cause. The disposition shall be final upon expiration of the fifteen (15) day period if no request is made. If such a request is made, the disposition shall become final upon a decision on such request or the completion of any additional actions directed by the Chief. Notwithstanding the foregoing, the investigation may be reopened by the Chief at any time if substantial new evidence is discovered which is relevant to the complaint. b. Appeal: When a sustained disposition is final, the accused officer may appeal the disposition in accordance with the officer's collective bargaining agreement, the Police Civil Service Commission Rules and Regulations, or the Veteran's Preference Act, if applicable. Such appeals will be governed by the appropriate agency's procedures and may include aspects of the Peace Officer Discipline Procedures Act (Minnesota Statute 626.89). c. Veterans Preference Act: Employees covered by the Veterans Preference Act are entitled to written notice of the right to request a hearing within 60 days of receipt of the notice of intent to terminate, suspend, or demote. Failure to request the hearing in the time specified waives the right to the hearing and all other legal remedies. Any hearing shall be held in compliance with law (Minn. Stat. § 197.46).
XX. Probationary Employees and Other Members At-will and probationary employees and members other than non-probationary employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy, and without notice or cause at any time. These individuals are not entitled to any rights under this policy except for employees covered by the Veterans Preference Act (Minn. Stat. § 197.46).
XXI. Resignations/Retirements Prior to Discipline In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline.
XXII. Disclosure and Maintenance of Data
69 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Disclosure: Disclosure to the complainant, the accused or members of the public, of data collected, created, received or maintained in connection with this procedure shall be governed by the Minnesota Government Data Practices Act. No disciplinary letter or reprimand will be included in an officer's personnel record unless the officer has been given a copy of the letter or reprimand (Minn. Stat. § 626.89 Subd. 13). b. Records in Secured Area: Complaints will be kept in a secured area and retained in accordance with the General Records Retention Schedule for Minnesota Cities. c. Annual Analysis of Complaints: The Chief of Police, or a designee, will review annually all complaints received alleging officer misconduct and compile a statistical summary of such. The summary will be made available to the public as well as to other agency employees.
Date: 1/1/2019
Approved by Chief Rick Mathwig
70 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 201 Grievance Procedures
I. Purpose and Scope This policy provides the formal procedures that employees can follow to present and resolve grievances.
II. Policy It is the policy of this agency to establish, maintain and participate in the formal procedures designated for resolving employee grievances.
III. Grievance Process a. Employees covered by a collective bargaining agreement will follow the procedures set forth in their labor agreement. b. Employees not covered by a collective bargaining agreement will follow the procedures set forth in the Roseville Employee Handbook, “Grievance and Complaint Process (policy 414).”
IV. Grievable Issues A dispute or disagreement as to the interpretation or application of the specific terms and conditions of a collective bargaining agreement, or city policies and procedures (for non- organized employees), may give rise to a grievance.
V. Grievance Coordinator Step 1 and 2 of the grievance procedure, as set forth in the collective bargaining agreements and the Roseville Employee Handbook, are handled by the first-line supervisor and Chief of Police, respectively. The city's Human Resources Manager coordinates all grievance procedures beyond the Step 2 level. The Chief maintains records of any step 1 and step 2 grievance procedures; the Human Resources Manager maintains records of step 3 grievances. The security of and access to grievance files shall adhere the Government Data Practices Act.
VI. Annual Analysis of Grievances The Chief of Police or designee will conduct an annual analysis of any grievances filed within this agency. If such analysis indicates any trends, the Chief will take appropriate action to minimize future related grievances.
Date: 1/1/2019
Approved by Chief Rick Mathwig
71 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 202 Respectful Workplace
I. Purpose and Scope This policy ensures a respectful workplace free from violence, harassment, discrimination, or offensive behavior.
II. Policy The Roseville Police Department is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The department will not tolerate discrimination against employees in hiring, promotion, discharge, compensation, fringe benefits or other privileges of employment. The department will take preventive and corrective action to address any behavior that violates this policy or the rights it is designed to protect. All staff share the responsibility of preserving the department as a respectful environment in which to work.
Disrespectful behavior of any employee, resident, or visitor of the City of Roseville will not be tolerated. The department will take immediate, positive steps to stop such behavior when it occurs. The City's Respectful Behavior Policy (policy 419) includes the definition of disrespectful behavior and steps for filing and investigating complaints.
III. Discrimination Prohibited The department prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on race, color, religion, sex, age, national origin or ancestry, genetic information, disability, military service, sexual orientation, and other classifications protected by law.
Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. Such harassment interferes with an individual’s work performance or creates a hostile or abusive work environment. Conduct that is contrary to the department’s commitment to maintaining an environment free of discrimination includes: a. Making derogatory comments, crude and offensive statements, or remarks. b. Making slurs or off-color jokes. c. Stereotyping. d. Engaging in threatening act. e. Making indecent gestures. f. Showing offensive pictures, cartoons, posters, or material. g. Making inappropriate physical contact. h. Using written material or department equipment and/or systems to transmit or receive offensive material, statements, or pictures.
IV. Sexual Harassment The department prohibits all forms of discrimination and discriminatory harassment,
72 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
including sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment, position or compensation. b. Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the member. c. Such conduct has the purpose or effect of substantially interfering with a member's work performance or creating an intimidating, hostile, or offensive work environment.
V. Additional Considerations Discrimination and discriminatory harassment does not include actions that are in accordance with established rules, principles, or standards including: a. Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission (EEOC) or the Minnesota Department of Human Rights. b. Bona fide requests or demands by a supervisor that a member improve his/her work quality or output, that the member report to the job site on time, that the member comply with city or department rules or regulations, or any other appropriate work- related communication between supervisor and member.
VI. Bulletin Boards No material that is obscene, offensive, or in poor taste may be posted on any bulletin board within the police department. All material posted on any bulletin board shall bear the date and signature of the person posting, along with a supervisor’s initials, or it will be removed.
VII. Retaliation Prohibited Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because they have engaged in protected activity, filed a charge of discrimination, participated in an investigation, or opposed a discriminatory practice. Retaliation will not be tolerated.
VIII. Responsibility This policy applies to all department personnel. All members shall follow the intent of these guidelines in a manner that reflects department policy, professional law enforcement standards, and the best interest of the department and its mission.
Members are encouraged to promptly report to a supervisor any discriminatory, retaliatory, or harassing conduct or known violations of this policy. Any member who is not comfortable with reporting violations of this policy to the immediate supervisor may bypass the chain of command and make the report to a higher-ranking supervisor or manager. Complaints may also be filed with the Chief of Police, Director of Human Resources, or the
73 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
City Manager.
Any member who believes in good faith that they have been discriminated against, harassed, subjected to retaliation, or who has observed harassment or discrimination is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy.
IX. Supervisor Responsibility Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and proceed with resolution as stated below: a. Continually monitor the work environment and strive to ensure that it is free from all types of unlawful discrimination, including sexual harassment and retaliation. b. Take prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. c. Ensure subordinates understand their responsibilities under this policy. d. Ensure members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. e. Notify the Chief of Police or Director of Human Services in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment, or retaliation no later than the next business day.
X. Investigation of Complaints The Roseville Police Department requires all complaints of discrimination or harassment shall be fully documented, and promptly and thoroughly investigated. The participating or opposing member shall be protected against retaliation, and the complaint and related investigation kept confidential to the extent possible.
XI. Resolution Members who believe they are experiencing discrimination, harassment, or retaliation shall be encouraged to inform the individual that their behavior is unwelcome, offensive, unprofessional, or inappropriate. However, if the member feels uncomfortable, threatened, or has difficulty expressing their concern, or if this does not resolve the concern, assistance can be sought from a supervisor or who is a rank higher than the alleged transgressor.
Date: 1/1/2019
Approved by Chief Rick Mathwig
74 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 203 Awards and Commendations
I. Purpose and Scope Special recognition may be in order whenever employees performs their duties in an exemplary manner. Citizens at times perform a meritorious act that deserves recognition. This policy provides general guidelines for the commending of exceptional employee performance or meritorious acts by citizens.
II. Policy The Roseville Police Department will honor civilian and sworn employees, individuals, or groups who have made an outstanding contribution to the department’s mission. This recognition will be in the form of letters, certificates, pins and medals, and other forms of recognition as deemed appropriate by the awards committee and the Chief of Police. The department encourages award submission from all sources, to include civilian and sworn employees, citizens and community stake holders. Department awards may be issued to sworn members of federal, state, and local law enforcement agencies.
III. Definitions a. Medal of Honor: Awarded to officers who distinguish themselves by an act of extraordinary heroism. The officers must have been aware of the imminent threat to their personal safety, and have acted above and beyond the call of duty at the risk of their own lives. A medal, a ceramic pin and letter of commendation will be presented. b. Medal of Valor: Awarded to any officer who displays exceptional courage, intelligence, alertness, or skill in a highly creditable and unusual police accomplishment. This activity prevents or solves a crime and leads to the apprehension and arrest of those responsible. The circumstances of this award must indicate that firearms or other weapon could have been used against the officer, but by reason of vigilance and alertness on their part, the suspect is apprehended, thereby avoiding direct combat with deadly weapons, and arresting or otherwise terminating the criminal activity of the offender. A medal, a ceramic pin and letter of commendation will be presented. c. Unit Citation: Awarded to any unit of the department for an intelligent act or series of acts that materially contribute to a valuable police accomplishment, exceptional police work, or an unusual accomplishment involving personal danger or serviced under adverse conditions. This award rewards teamwork by two or more officers. A ceramic pin and a letter of commendation will be presented. d. Award of Merit: Awarded to any officer for outstanding performance of duty under unusual or difficult conditions. This action need not involve physical danger, but must involve protection of life or property and unusual thoroughness, conscientiousness, determination and initiative. A ceramic pin and a letter of commendation will be presented. e. Lifesaving Award: Awarded for an act performed in the line of duty that through prompt and alert action, and under extraordinary circumstances, results in saving a life. A ceramic pin and letter of commendation will be presented.
75 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. Letter of Commendation: Awarded to any department member for circumstances or efforts that do not merit any of the aforementioned awards, but for which written form of recognition is appropriate. g. Civilian Awards: Awarded to a civilian who renders valuable or courageous assistance to the Police Department, particularly when a suspect is seized and detained for the police, or the citizen’s prompt and alert action helps someone else who is in danger, or otherwise helps prevent a crime. A Certificate of Honor will be presented. h. Eric Christensen Leadership Award: Awarded to any officer who distinguishes themselves by superior accomplishments or continuing long-term professional involvement using leadership skills that encompass but are not limited to: problem solving, planning, organization, communication, strong work ethic, high performance and positive attitude, which make a significant contribution to the Roseville Police Department and its law enforcement mission.
IV. Awards Committee a. Composition: An awards committee consisting of sworn officers shall be formed within the department. The officers should be representative of as many crews as possible. No more than one supervisor shall serve on the committee at any one time. b. Selection and Term: Recommendations for membership on the committee shall come from each crew as well as from investigations and shall be submitted to the Deputy Chief. The Deputy Chief will select the committee from the names provided by crew supervisors. Committee members shall serve for a period of two years. c. Committee Chair: The Deputy Chief will be the committee chair and will be assisted by the Administrative Assistant. The Chief of Police can at any time appoint a new committee chair from within the agency’s ranks.
V. Procedure a. Any department employee may initiate a Nomination for Award. The form and any supporting documents shall be completed and electronically forwarded to the Department Assistant. The assistant will store said documents for later review by the department’s award committee. b. A Letter of Commendation may be written by any supervisor regarding any other employee of the department. That person must be supervisor in rank or the person-in- charge of the individual being commended. c. No one may nominate themselves. d. Annually, the committee chair will call a meeting of the award committee members. At this meeting, the committee members will review all nominations made since the previous year’s meeting and decide if the nominee is eligible for an award, and if so, which award. The committee may recommend an award different from that requested in the nomination. The committee will forward its recommendations to the Chief of Police for review. Those nominations failing to meet the committee’s approval will be returned to the nominee’s immediate supervisor for “Letter of Commendation” consideration.
76 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. The department shall schedule an annual award presentation ceremony. The Chief of Police of designee will present department awards. f. The Chief of Police may present awards at any time, as deemed appropriate.
VI. Wearing of Department Awards a. Department members will wear their ribbon bar(s) on the uniform shirt, jacket or blouse, positioned on the right side, just above the nametag. Ribbons will be placed on the uniform in order of ranking priority beginning with the Medal of Honor. Award ribbon order will begin from the wearer’s left (closest to the heart) and move to the right in one or more rows, three ribbons per row. The highest-ranking award will be displayed on the top, for single rows, or as the innermost ribbon for two or three joined ribbons. i. There will be no more than 1/8 inch between rows of ribbons; where possible members shall use the joined military style ribbon holders. ii. No more than three ribbons will be worn in any single row, and there will be no subsequent rows added until the current row has three ribbons. iii. When subsequent awards require a second row of ribbons, the higher-ranking ribbons will be displayed above the lower ranking ribbons. b. Members of the department who have been awarded traffic wings (silver/gold) and/or are a member of the Special Weapons and Tactical Team will wear the team’s insignia centered directly above the award ribbons.
VII. Awards from Other Agencies Medals and ribbons awarded to department members by other governments, municipalities, or law enforcement agencies, and medals or ribbons awarded to members by a previous law enforcement agency (i.e., lateral hires), may be worn with department issued ribbons and medals with prior approval of the awards committee. A memorandum evidencing the prior award must accompany the request to wear the ribbon or medal. If approved, the member will be instructed by the awards committee on how to wear the previous award in conjunction with department awards.
Date: 1/1/2019
Approved by Chief Rick Mathwig
77 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 204 On-Duty Fitness Program
I. Purpose and Scope This policy is designed to encourage health and fitness of Roseville Police Officers. Improving health and fitness can improve job performance and reduce job-related injuries and absenteeism through the use of the On-Duty Physical Fitness Program.
II. Policy Any peace officer employed by the City of Roseville who chooses to participate in the department’s physical fitness program may be allowed up to one hour each scheduled shift to work out on-duty in the police department’s fitness room.
III. Conditions and Procedures A peace officer may be allowed to work out for up to one hour each scheduled shift if the following conditions are met: a. Prior to participating in this on-duty health and fitness program, the officer must have successfully completed a weight room orientation session administered by a department trainer. b. Any on-duty workouts must be pre-approved by the on-duty supervisor. A supervisor may elect to not approve workouts for any reason. c. An officer may elect to forego shift breaks (30-minute lunch and two 15-minute breaks) and workout for a one-hour time period during their scheduled shift. d. Prior to starting the workout period, officers will contact the Ramsey County Emergency Communications Center (RCECC) and notify them that they will be going out on PT (physical training). The notification of the RCECC can be made by radio, phone, or mobile computer. e. Any officer working out on-duty may be subject to call back any time during the workout period by the supervisor. The officer working out on-duty will monitor the police radio at all times. f. Workouts are not authorized during the first or last hour of the officer’s assigned shift. g. Participants are prohibited from leaving the police department to complete any fitness activity. h. Off-duty workouts are not considered work time and will not be compensated. i. Employees may be suspended or removed from the program if satisfactory job performance standards are not maintained.
Date: 1/1/2019
Approved by Chief Rick Mathwig
78 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 205 Physical Fitness
I. Purpose and Scope Physical fitness is the responsibility of each employee. All officers are required to maintain body weight proportionate to their height, and which allows them to perform their normal duties.
II. Policy To carry out the department’s responsibility to provide the best possible police service to the citizens of Roseville and minimize the risk of injury or illness, all officers are encouraged to maintain a level of physical fitness that will enable them to carry out any task that they may be called upon to perform.
III. Physical Examinations The Roseville Police Department encourages every officer to maintain a satisfactory level of general health. Every new sworn officer receives a physical examination prior to hiring. Although the department does not require subsequent examinations on a routine basis, employees are encouraged to get regular physicals for the benefit of both the employee and the department. The city’s health insurance policy provides for annual physical examinations at low or minimal cost.
A physical examination can be required by the department, at the expense of the department, in cases where it is apparent by observation that the physical requirements of the job cannot be met.
Date: 1/1/2019
Approved by Chief Rick Mathwig
79 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 206 Drug and Alcohol Free Workplace
I. Purpose and Scope This policy establishes clear and uniform guidelines regarding use of drugs and alcohol in the workplace.
II. Policy The department provides a drug- and alcohol-free workplace for all members.
III. General Guidelines Alcohol and drug use in the workplace or on department time can endanger the health and safety of department members and the public. Such use shall not be tolerated (41 USC 8103).
Members who have consumed any amount of an alcoholic beverage, taken any medication, or combination thereof, that would adversely affect their mental or physical abilities shall not report for duty. Affected members shall notify the shift supervisor as soon as they are aware they will not be able to report for work. If the member is unable to make the notification, every effort should be made to have a representative contact the shift supervisor in a timely manner. Any member who is adversely affected while on-duty shall be immediately removed and released from work.
No member shall be permitted to work or drive a vehicle owned or leased by the department while taking any medication that has the potential to impair their abilities without a written release from their physician.
Possession of medical marijuana or being under the influence of marijuana on- or off-duty is prohibited and may lead to disciplinary action.
IV. Member Responsibilities Members shall report for work in an appropriate mental and physical condition. Members are prohibited from purchasing, manufacturing, distributing, dispensing, possessing, or using controlled substances or alcohol on department premises or on department time (41 USC 8103). The lawful possession or use of prescription medications or over-the-counter remedies is excluded from this prohibition.
Members who are authorized to consume alcohol as part of a special assignment shall not do so to the extent of impairing on-duty performance.
V. Employee Assistance Program A voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC 8103). Insurance coverage that provides treatment for drug and alcohol abuse may also be available. Employees should contact human resources, their
80 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
insurance providers, or the employee assistance program for additional information. Each employee is responsible for seeking assistance before alcohol or drug problems leading to performance problems.
VI. City’s Drug and Alcohol Policy The City’s Drug and Alcohol Testing Policy (Policy 901 and 902) describes work rules with respect to this subject, and discusses the circumstances, procedures and outcomes for testing. Drug testing will be handled by a testing laboratory that meets the criteria of Minnesota Statute 181.953, Subd. 1. No test shall be conducted by a testing laboratory owned and operated by the city.
Date: 1/1/2019
Approved by Chief Rick Mathwig
81 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 207 Smoking and Tobacco Use
I. Purpose and Scope This policy establishes limitations on the use of tobacco products by employees and others while on-duty or while in Roseville facilities or vehicles.
For the purposes of this policy, smoking and tobacco use includes any tobacco product such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches, and chewing tobacco. Any device intended to simulate smoking, such as an electronic cigarette or personal vaporizer, is also prohibited.
II. Policy The Roseville Police Department recognizes that tobacco use is a health risk and can be offensive and hazardous to other employees and the public. Smoking and tobacco use also presents an unprofessional image for the department and its members. Therefore, smoking and tobacco use by members and visitors in all department facilities, buildings, and vehicles is prohibited.
III. General Guidelines Smoking and tobacco use by members is prohibited anytime members are in public view and representing the department. Smoking and other use of tobacco products is not permitted inside any city facility, office, or vehicle. Each employee shall ensure that no person under their supervision violates this policy.
Date: 1/1/2019
Approved by Chief Rick Mathwig
82 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 208 Employee Contact Information
I. Purpose and Scope This policy establishes guidelines to ensure effective safeguarded communication between the department and its personnel. It is often necessary to reach employees on their days off, before or after their shift, for notification of court dates, urgent questions regarding a case, or for shift coverage.
II. Policy It is incumbent on the department to provide for the fastest possible communications with its officers and employees while at the same time establishing reasonable safeguards to protect them and their families from unnecessary and harassing phone calls inherent to the job.
III. Employee Responsibilities and General Guidelines To ensure effective communication and safeguard employees and their families, the following procedures shall be followed: a. All officers and employees must maintain a telephone at his or her place of residence. The telephone can be land-line and/or cellular. b. All officers are to maintain a permanent physical address. A post office box does not meet this requirement. c. No officer or employee is to release the address or telephone number of any member of this department to persons outside the department except with the permission of the affected officer or employee or the explicit approval of the Chief of Police. d. Department rosters will be released to agencies or persons outside the department only upon the order of the Chief of Police. e. Upon the issuance of a new department roster, all officers and employees are to destroy any and all outdated rosters under their control. f. Any deviation from this order must be requested in writing from the Chief of Police. g. All department personnel are required to immediately report any change of address or telephone. This information should be given to the employee’s immediate supervisor and to the department assistant, who maintains a master list of department names, addresses and telephone numbers. All officers and employees will report any change in their address and/or telephone number within 72 hours of the change. h. Whenever there are updates to the list, the Department Assistant will update and distribute copies to the Chief, Deputy Chief, Lieutenants, Police Services Manager, office staff, Sergeants, the City Attorney and Ramsey County Emergency Communications Center. Copies are provided upon request to the Ramsey County Attorney’s Office. i. Per Minnesota Statute, employee personal contact information is considered confidential and may be released only to authorized personnel.
83 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Date: 1/1/2019
Approved by Chief Rick Mathwig
84 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 209 Uniform Regulations
I. Purpose and Scope This policy ensures that all members of the Roseville Police Department are readily identifiable to citizens through the proper use and wearing of department uniforms.
II. Policy The Roseville Police Department provides uniforms for all employees as agreed upon in the group’s collective bargaining unit. The officer’s uniforms shall be a consistent color pursuant to Minn. Stat. § 626.88 Subd 2. Employees are prohibited from ordering, purchasing and/or wearing any clothing with the department’s name, initials, or logo without prior authorization from the Chief of Police. Only items on the approved uniform list may be worn without permission from the Chief of Police.
The Police Services Manager will maintain and periodically update a list of department approved uniforms and equipment. A copy of the list will be posted on the shared police drive. All purchases for uniform equipment will comply with department-approved uniforms and equipment.
III. Uniform and Equipment General Rules Police employees wear the uniform in order to be identified as a law enforcement authority in the community. The uniform identifies the wearer as a source of assistance in a crisis or emergency. Below are the requirements and general rules of uniforms: a. All clothing shall be clean, neat, and appear professionally pressed. b. All leather shall be kept clean, polished, and professional in appearance. c. Personnel shall only wear the uniform specified for their rank and assignment. d. All officers shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty. e. Uniforms are only to be worn while on-duty, while in transit to and from work, for court, or at other official department functions or events. f. Employees may not purchase or drink alcoholic beverages while wearing any part of the department uniform. g. Supervisors must look over the general appearance of every employee at the start of each shift to ensure conformance with established uniform or work attire specifications. h. All supervisors will periodically inspect their personnel to ensure conformance to these regulations. i. If the uniform is worn in transit or driving a personal vehicle, an outer garment shall be worn over the uniform shirt so as not to bring attention to the employee while off-duty.
IV. Damaged Uniforms and Personal Property Employees are required to keep their uniforms and equipment serviceable and presentable. Routine maintenance of leather gear and footwear is the responsibility of the individual employee. The city will pay for repair of duty-related damage to personal clothing or gear
85 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
when verified by a supervisor, and the damage is not caused by negligence or normal wear and tear.
Uniforms and personal property contaminated by bodily fluids will be cleaned by the department at an approved location. Items will be placed in biohazard bags before cleaning.
Officers may apply for replacement or repair of personal, essential, and job-related items, such as eye glasses, contact lenses, and wrist watches, if damaged on-duty. Officers must submit a repair/replacement bill to their supervisor for approval and submission to the Operations Lieutenant.
V. Class A Uniforms All officers will possess and maintain a serviceable Class A uniform. The uniform includes long-sleeve shirt with tie, polished shoes, standard dress pants (no cargo or 6-pocket pants). No pointed toe shoes are permitted.
The Class A uniform should be worn on special occasions such as funerals, ceremonies, or as directed.
VI. Class B Uniforms All officers will possess and maintain a serviceable Class B uniform. The class B uniform will consist of the same requirements of the Class A uniforms with the following exceptions: a. The uniform shirt may be long or short-sleeved and no tie is required. With the short- sleeved uniform, a white, navy or black crew neck shirt must be worn. With the long- sleeved uniform, a navy or black crew neck shirt must be worn. b. All shirt buttons must remain buttoned except for the last button at the neck. c. Polished shoes are required. d. Approved black unpolished shoes may be worn.
VII. Class C Uniforms The Chief of Police will establish the regulations and conditions for wearing the Class C uniform to provide field personnel with cooler clothing during the summer months or for special-duty assignments. Officers should consult with the Uniforms and Equipment List for specific items approved for wear during summer months.
VIII. Investigators and Plainclothes Officers Sworn personnel on plainclothes assignment shall wear business attire as determined by the Chief of Police. Blue jeans and similar causal clothing are not permitted except as specifically authorized by a supervisor or planned detail (e.g. search warrant, surveillance, special details, assigned to impact, or an assigned casual day). Court appearances require formal attire.
While on-duty, plain-clothes officers and sworn administrative personnel are not required to
86 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
carry a firearm in the office, but must carry a firearm after leaving the office. Holsters shall be black, suitable for the weapon carried.
The School Liaison Officer shall wear clothing appropriate for the position as indicated in the job description.
IX. Insignia and Patches Rules and Regulations Below is a list of the rules and regulations of uniform insignia and patches: a. Shoulder Patches: The authorized shoulder patch supplied by the department shall be machine stitched into the sleeves of all uniform shifts and jackets. b. Service Stripes: Service stripes for length of service may be worn on long-sleeved shirts and jackets. They are to be machine-stitched on the left sleeve only. c. Nameplate: The regulation nameplate, or an authorized name plate, shall be worn at all times while in uniform. The nameplate shall display the employee’s first initial and last name. d. Jacket Nameplates: A nameplate or an authorized embroidered nameplate shall be affixed to the jacket. e. Assignment Insignias: Assignment insignias may be worn as designated by the Chief. f. Badge: The department-issued badge will be worn and visible at all times while in uniform. An authorized sewn-on cloth replica may be worn on exterior jackets. The department-issued standard badge is required on uniform shirts and/or exterior vest covers. g. Non-Uniform Personnel: Licensed non-uniform personnel will wear or carry their badge in reasonable proximity to their firearm. h. Rank Insignia: Rank insignia will be worn at all times while in uniform.
X. Mourning Badge Employees may wear a black mourning band whenever a law enforcement officer from Minnesota is killed in the line of duty. The mourning band may be worn from the time of death until midnight of the day of the funeral. Officers may also wear bands on the National Peace Officers Memorial Day. Additional mourning events or periods may be designated and directed by the Chief of Police.
Date: 1/1/2019
Approved by Chief Rick Mathwig
87 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 210 Personal Appearance Standards
I. Purpose and Scope To project uniformity and neutrality toward the public and other members of the department, employees shall maintain their personal hygiene and their appearance must project a professional image appropriate for this department and for their assignment.
II. Policy All department personnel shall present a professional appearance, which reflects on the image of the Roseville Police Department. This section provides guidelines relating to appearance. This policy applies to all sworn personnel, civilian employees, and police reserves, unless specifically not applicable.
III. Grooming Standards Unless otherwise stated and because deviations from these standards could present officer health or safety issues, the following appearance standards shall apply to all employees, except those whose current assignment would deem them not appropriate and where the Chief of Police has granted exception.
IV. Hair Hairstyles of all members shall be neat in appearance. Haircuts presenting an “unusual appearance” that detract from a professional image are prohibited. In all cases, the bulk or length of hair will not interfere with officer safety or with the normal use of standard police headgear. Wigs or hairpieces may be worn provided they comply with the above hair regulations. No decorations or ornaments may be worn in the hair.
For male licensed members, hair must not extend below the top edge of the uniform collar while assuming a normal stance. Sideburns shall not extend below the bottom of the outer ear opening (top of the earlobes) and shall be trimmed and neat.
For female licensed members, hair must be no longer than the horizontal level of the bottom of the uniform patch when the employee is standing erect. Long hair must be worn up or in a tightly wrapped braid or ponytail.
V. Moustaches, Goatees, and Beards A short and neatly trimmed mustache, goatee or beard may be worn. Moustaches shall not extend below the corners of the mouth or beyond the natural hairline of the upper lip. Any facial hair must be fully-grown and neatly trimmed. Facial hair shall not be distracting, present an unusual appearance, or detract from a professional image.
VI. Fingernails Fingernails can pose a safety hazard to officers or others. For this reason, fingernails shall be trimmed so that no point of the nail extends more than 1/8” beyond the end of the
88 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
finger. They also shall not be trimmed to a point. Fingernails will be neatly manicured.
VII. Jewelry No visible jewelry that is ornamental, religious, oversized, gaudy, or pretentious in appearance or that represents a safety hazard or interferes with the safe performance of one’s job shall be worn. Uniformed personnel shall not wear visible necklaces while on duty.
VIII. Tattoos Employees, while on-duty or representing the department in an official capacity, may have tattoos visible so long as the tattoos are not deemed to be offensive. Examples of offensive tattoos include those that depict racial, sexual, discriminatory, gang related, or containing obscene language. The Chief of Police or designee will make the final determination as to what is or is not offensive. Visible tattoos on the neck, face, head, hands, or scalp are prohibited and must be covered or removed at the employee’s expense. Agency personnel assigned to undercover assignments are exempt from this directive while on those assignments.
IX. Body Piercing or Alteration Body piercing or alteration to any area of the body that is visible and deviates from normal anatomical features and that is not medically required is prohibited. Such body alterations include: a. Tongue splitting or piercing. b. Abnormal shaping of the ears, eyes, nose, or teeth.
X. Dental Ornamentation Dental ornamentation of any type is prohibited.
XI. Exceptions Exceptions to these rules shall only be allowed for personnel who have express prior approval from the Chief of Police.
Date: 1/1/2019
Approved by Chief Rick Mathwig
89 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 211 Body Armor
I. Purpose and Scope This policy provides law enforcement officers with guidelines for the proper use of body armor.
II. Policy It is the policy of the Roseville Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures.
III. Issuance of Body Armor The Roseville Police Department shall ensure that body armor is issued to all officers when the officer begins service department and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. The police support services manager 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.
IV. General Guidelines for Use Generally, the use of body armor is required subject to the following: a. All uniformed personnel, while on-duty and engaged in patrol or field operations, shall wear department-issued body armor, unless an agency-approved physician determines that an officer has a medical condition that would preclude wearing the body armor. b. Officers shall only wear agency-approved body armor. c. Officers shall wear body armor anytime they are in a situation where they could reasonably be expected to take enforcement action. d. 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. e. An officer may be excused from wearing body armor when involved in undercover or plainclothes work that their 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.
Date: 1/1/2019
Approved by Chief Rick Mathwig
90 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 212 Outside Employment
I. Purpose and Scope This policy provides guidelines to avoid actual or perceived conflicts of interest in any outside employment. This policy provides guidance to city employees who are also employed or considering employment by someone other than the city of Roseville.
II. Policy This policy supplements and enforces the City Personnel Policy, chapter 104, of the Roseville City Code. City code states: "An employee's activities outside working hours must not interfere with the performance of the employee's job with the City. An employee must have the approval of his/her department head before obtaining outside employment. An employee must notify his/her department head of the outside employer's name and address, the hours of his/her work and a description of duties."
Off-duty and outside employment shall not interfere with the ability of an officer to respond to an emergency recall to regular duty, nor should it interfere in any way with the proper performance of an officer while on duty.
Outside employment includes any type of employment or occupation outside of an employee’s regularly scheduled or assigned duties.
III. Obtaining Authorization No employee shall engage in outside employment without prior approval of the Chief of Police. To obtain approval for outside employment, the employee must complete the Outside Employment Authorization Form and submit it to their immediate supervisor. The request will then be forwarded to the Chief for consideration. If approved, the employee will be notified and the form will be stored in an electronic file maintained by the department’s Administrative Assistant.
When officers intend to work in Roseville performing police officer related duties, the written request shall list all of the expected duties of the position. Merely listing “security” is not acceptable and the description shall be more inclusive of the expected duties of the outside employment. The outside employment request will be granted or rejected based on the duties listed.
If at any time the information initially submitted changes, the employee shall promptly inform the Chief in writing. This requirement includes written notification of cessation of outside employment.
If an unexpected duty not listed on the written request is presented to the officer while working any outside employment, the officer shall specifically list this unexpected duty on the following monthly off duty log.
91 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Approval remains in effect for the time period specified on the request form or for the calendar year, whichever is less. The Chief may revoke outside employment with cause. The Chief will discuss the reasons with the officer and follow up with a memo. New Outside Employment Authorization Forms must be submitted no later than January 7th each year for ongoing employment.
Requests for squad-car usage for off-duty employment must be specifically authorized by the Chief of Police. If approved, officers must notify the Duty Sergeant when taking a squad car, subject to fleet availability.
IV. Prohibited Outside Employment While it is difficult to develop hard and fast rules for outside employment, jobs in the following areas would generally not receive approval: a. Where alcoholic beverages are the primary source of revenue. b. Where unauthorized gambling is evident. c. Where police duties are to be performed outside the Roseville city limits, excluding outside employment with another law enforcement agency. d. Where an officer or other department employee could be put into a compromising position. e. If it involves the employee’s use of department time, facilities, equipment or supplies, or the use of the department badge, uniform, prestige or influence for private gain or advantage. f. The employment involves the performance of an act that the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment. g. If it involves time demands that would render performance of the employee’s duties below minimum standards or would render the employee unavailable for reasonably anticipated overtime assignments and other job-related demands that occur outside regular working hours.
V. Hours of Outside Employment Regular full-time employees shall not work more than twenty-five hours per week outside of their regular city job. In addition, no regular full-time employee, community service officer, or cadet shall exceed more than a combined 16 hours of work (scheduled plus outside) in a twenty-four hour period.
VI. Eligible Employees Sworn officers who have completed the field training program, but have not completed their one-year probationary period shall not engage in outside law enforcement employment unless prior authorization is granted by the Chief of Police. Reserve officers, community service officers and cadets are not eligible for outside employment which is secured by virtue of their position with the Roseville Police Department, until training has been completed and they have served with the department for a minimum of six months.
92 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Other non-sworn personnel are eligible any time after hire.
VII. Conduct During Off-Duty Employment Officers working in off-duty law enforcement positions shall abide by the same rules of conduct which govern on-duty employees; this is especially true when officers are wearing Roseville Police Department uniform and badge and using department equipment. Officers working off-duty law enforcement positions shall be responsible and accountable for all acts and conduct.
When performing outside employment in a Roseville uniform, the officer, CSO, cadet, or reserve shall wear the complete regulation uniform, including their issued body worn camera. Any off-duty law enforcement requests for plain-clothes or modified regulation uniforms must be specifically requested and approved by the Chief of Police. Officers approved to work in off-duty plain-clothes law enforcement positions will dress in appropriate casual or business attire.
The dress and conduct of off-duty personnel shall be periodically reviewed by the Duty Sergeant or designee. This review may be accomplished by a drive-by or brief visit with the off-duty employee. Any observed or reported misconduct or improper dress shall be reported immediately to the Deputy Chief, who will investigate the claim and take appropriate action.
VIII. Notification to Ramsey County Emergency Communications Center and On-Duty Supervisor All officers working an off-duty law enforcement job in the city must notify the Ramsey County Emergency Communications Center and the Duty Supervisor of their status prior to starting the job. At the end of their shift, the officer with notify the RCECC that they are out of service.
IX. Adherence to Law, Policies and Procedures Off-duty officers are to cooperate with their employer in all ways that are consistent with approved police procedures and permitted by department regulations and law. If the outside employer requests that an officer perform a service that is not considered proper police action or is not permitted by law or procedures, the officer shall inform the employer that the request cannot be granted and explain why.
All laws and ordinances must be enforced consistent with department policies. In addition, the officer must observe the procedural laws for responding to offenses committed in the presence of the officer.
Other than equipment worn as part of the standard patrol uniform, employees are prohibited from using any department equipment or resources in the course of or for the benefit of any outside employment. This includes the prohibition of access to official
93 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
records or databases of this department or other agencies through the use of the employee’s position with this department.
X. Outside Employment while on Disability or Administrative Leave Department members engaged in outside employment who are placed on disability, administrative leave, or light-duty shall inform the Chief of Police in writing if they intend to continue to engage in outside employment while on such status. The Chief of Police will determine whether the outside employment should be discontinued based on the duties of the outside employment, along with any work-related doctor’s orders.
XI. Indemnity Approval of a request shall not constitute an endorsement by the City of Roseville or the off- duty employer or employment. Approval of a request shall not create any legal or contractual obligations between the City of Roseville and the outside employer or the requesting employee. Neither the city nor the department is responsible or liable for the actions of an employee while engaged in outside employment.
XII. Assignment of Off-Duty Positions The department does not administer or assign off-duty police work. Generally, the Deputy Chief or designee handles general off-duty law enforcement requests and posts requests in the squad room or distributes through e-mail. Officers are responsible to contact the outside employer directly to apply for the position. Outside employers may request the services of a specific officer the employer knows or who has been recommended to the employer; such requests are granted at the option of the requested officer. The department has no obligation to fill any requests for outside employment. If a request is not filled in a timely manner, a reserve officer, community service officer or cadet who meets the necessary requirements may fill the request.
XIII. Monthly Summary Reports All employees who work any outside employment must submit a monthly Off Duty Work Log to their supervisor no later than the 7th day of the following month.
Date: 1/1/2019 Approved by Chief Rick Mathwig
94 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 213 On-Duty Injuries
I. Purpose and Scope This policy provides for the reporting of on-duty injuries, occupational illnesses, or deaths to the City to ensure proper medical attention is received and document the circumstances of the incident.
II. Policy The Roseville Police Department complies with all applicable state and federal laws and City of Roseville polices regarding employee injury, illness, and leaves of absence. Employees involved in accidents or who sustain a personal injury of any nature while on duty must immediately report the incident to their supervisor. If the employee’s supervisor is not on duty or cannot be reached, the incident shall be reported to the on-duty shift supervisor. For the purposes of this order, “employees” includes both paid and volunteer personnel of the Police Department.
III. Definitions Definitions related to this policy include: a. Affected Employee: The employee affected by a change in job status due to injury or illness and/or who is the subject of department/employer-maintained medical documentation and/or records. b. Employee Designee: The individual acting as a liaison between the department and the affected employee. c. Essential Job Functions: The fundamental duties of a position. d. First Report of Injury: A City of Roseville Worker’s Compensation form that must be completed and submitted within 24 hours of a work-related injury, illness, or exposure. This report is typically completed by the injured employee and/or his/her supervisor. This form can be found on-line on the City’s Intranet Home Page. e. Fitness for Duty Evaluation: Department-ordered medical examination to evaluate whether an employee is able to perform the essential job functions. f. Limited Duty: A temporary work assignment as the result of the affected employee not being able to perform his/her essential job functions, according to a health care provider. Limited Duty is also known as “light duty.” g. Department Healthcare Provider: The occupational medicine clinic or doctor selected by the department or city. h. Report of Work Ability: A form completed by the affected employee’s health care provider that identifies work restrictions. i. Supervisor’s Report of Accident: A City of Roseville form that must be completed and submitted within 24 hours of a work-related injury, illness or exposure. This form is completed by the supervisor to investigate the accident and correct any cause(s) and prevent future accidents from occurring. This form can be found on the city’s intranet.
95 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
j. Worker’s Compensation: Benefits for medical care and lost time prescribed by state law for employees who are injured while on the job. Submission of a First Report of Injury form is required for work-related injuries as directed by State law and City policy. k. Occupational Disease – A mental impairment or physical disease arising out of and in the course of employment peculiar to the occupation in which the member is engaged and due to causes in excess of the hazards ordinary of employment. The term includes diagnosis of posttraumatic stress disorder (PTSD) by a psychiatrist or psychologist; however, mental impairment is not considered a disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action taken in good faith by the department. l. Personal Injury – Any mental impairment or physical injury arising out of and in the course of employment, including personal injury caused by occupational disease, while engaged in, on or about the premises where the member’s services require the member’s presence. This presence must part of that service at the time of the injury and during the hours of that service. “Personal injury” does not include an injury caused by the act of a third person or fellow department member who intended to injure the member because of personal reasons, and not directed against the member as a member of the Roseville Police Department, or because of the employment with the Roseville Police Department. Mental impairment is not considered a personal injury if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action taken in good faith by the department.
IV. Disclosure of Employee Medical Information a. Employee medical information is classified as private and protected from unauthorized disclosure under the Minnesota Government Data Practices Act, Minnesota State Statutes, Chapter 13. b. Medical information shall be shared only with department supervisors and/or commanders who have a need to know. c. Permission must be obtained from the affected employee or designee prior to wide disclosure of an employee’s medical condition or status (via e-mail, MDC, radio, or in- person). d. Employee medical documentation shall be maintained only in the employee’s medical file. e. Medical-related documentation provided to supervisory personnel shall immediately be forwarded to the City’s Risk Manager. Medical documentation shall not be maintained in department files.
V. Medical Notifications The Risk Manager shall be notified in the following circumstances: a. Employee Hospitalization i. The affected employee or designee shall notify that employee’s supervisor.
96 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. The supervisor shall notify the Risk Manager and provide the following information: 1. Affected employee’s name, employee number and assignment. 2. Affected employee or designee’s contact information. (To discuss necessary forms, work status, etc.) 3. Anticipated length of incapacitation. b. If an employee is unable to perform their essential job functions due to a medical condition. i. The affected employee shall notify his/her immediate supervisor prior to returning to work. ii. The affected employee’s supervisor shall notify the Risk Manager. Note: It may also be appropriate to notify other supervisors in the affected employee’s chain- of-command. iii. Medical documentation of the employee’s condition will be requested by the Risk Manager and/or the employee’s supervisor. 1. The medical documentation must first be submitted to the employee’s supervisor for review. 2. The supervisor shall immediately forward said documentation to the Risk Manager. c. A supervisor has reason to believe an employee has a medical condition that may adversely affect work performance or prevent the employee from performing essential job functions.
VI. Work-Related Injuries a. Employees injured while at work may be eligible for Worker’s Compensation benefits. Sworn employees may also be eligible for Injured on Duty (IOD) benefits. Note: Employees may be responsible for medical expenses incurred if Worker’s Compensation procedures are not followed and/or Workers Compensation does not accept the claim. b. A department employee injured while at work shall: i. Seek a medical examination, if appropriate. The employee may be seen by the department’s healthcare or his/her own healthcare provider. In an emergency, the employee should seek medical treatment at the nearest hospital’s emergency room. ii. If the injury is related to a call for service, complete an incident/supplement report and custom attribute “Injured on Duty” to notify Police Administration. iii. If the injury is related to training or some other non-call for service related reason, complete a memorandum addressed to your supervisor with a copy to the Operations Lieutenant, Chief of Police and Department Assistant. iv. Provide a Report of Work Ability form, completed by a physician/healthcare provider to the supervisor. v. Provide updated Report of Work Ability forms, completed by a physician/healthcare provider to the supervisor as work restrictions change or expire, until the employee is cleared to return to work with no restrictions.
97 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Supervisor responsibility of an employee injured at work: i. By end of shift, complete a First Report of Injury and Supervisor’s Report and forward to the Roseville Assistant Finance Director who serves as the Workers’ Compensation Coordinator (WCC). Provide copies to your division’s lieutenant and the police department’s assistant. ii. Forward all medical documentation received to the WCC.
VII. Returning to Work After Injury or Illness (Work Related or Non-Work Related) a. Prior to returning to work on full or limited-duty, an employee may be referred to the department’s healthcare provider by the Risk Manager. b. A referral may be made to the department’s healthcare provider if circumstances meet but are not limited to one or more of the following: i. Employee has had any major illness or injury or major surgery. ii. Employee has been off-duty due to illness or injury for thirty calendar days or more. iii. Employee has been away from work, even for one day, for any diagnosed cardiac condition. iv. Employee has been away from work for any bone fracture. v. Employee has been placed on restrictions for more than seven calendar days by their personal healthcare provider. c. The Risk Manager may direct an employee returning to work after an absence caused by one or more of the circumstances outlined above, to have a Report of Work Ability completed by the physician in addition to, or in lieu of, a referral to the department’s healthcare provider.
VIII. Limited Duty: Work Related a. An employee with work restrictions verified by a physician may be reassigned temporarily to a limited-duty, otherwise known as “light duty” assignment. b. Employee responsibility when requesting a limited duty assignment: i. Notify immediate supervisor and the Risk Manager prior to returning to work. ii. Provide all forms and statements necessary to substantiate work limitations/restrictions. iii. Provide Work Ability forms requested by the supervisor and Risk Manager. iv. During the period of the temporary reassignment, perform all of the duties of the limited duty assignment; and v. Sworn employees working a limited duty assignment shall not work off-duty employment. vi. Sworn employees may carry their assigned handgun if the physician’s limitations allow it. c. Supervisor responsibility related to limited-duty employees:
98 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
i. Identify a limited duty work assignment that meets the Affected Employee’s work restriction. If an assignment that meets the employee’s work restrictions cannot be identified, contact the Risk Manager for additional assistance. ii. RPD command will notify sergeants and Risk Manager of the temporary limited duty assignment. iii. Ensure the Affected Employee does not work outside his/her work restrictions. iv. Forward all medical documentation received to the Risk Manager. d. The Risk Manager will coordinate with the department’s healthcare provider, the appropriate supervisors and Worker’s Compensation to monitor limited duty personnel and ensure work restrictions indicated by the healthcare provider are met. e. Returning to full duty after a limited-duty assignment: i. Prior to returning to full duty status, a completed Report of Work Ability form signed by a physician stating that the affected employee may return to work with no work restrictions/limitations shall be submitted to the Risk Manager and the affected employee’s supervisor. ii. When the employee is released to work full-duty with no restrictions by the primary health care provider, a referral to the department’s healthcare provider may be made, if circumstances meet but are not limited to: 1. Employee has had any major illness or injury or major surgery 2. Employee has been off-duty due to illness or injury for thirty days or more 3. Employee has been away from work, even for one day, for any diagnosed cardiac condition 4. Employee has been away from work for any bone fracture 5. Employee has been placed on restrictions for more than seven calendar days by their personal healthcare provider iii. The Risk Manager may direct an employee returning to work after an absence caused by one or more of the circumstances outlined above, to have a Report of Work Ability completed by their physician in addition to, or in lieu of, a referral to the department’s healthcare provider.
IX. Limited Duty: Non Work Related a. An employee placed on work restrictions by a physician as the result of a non-work related injury may be reassigned temporarily to a limited-duty assignment. Approval of this assignment is at the employer’s discretion. b. Employee responsibility when requesting a limited duty assignment: i. Notify the immediate supervisor prior to returning to work. ii. Provide all forms and statements necessary to substantiate work limitations/restrictions. iii. Provide Report of Work Ability forms as requested by the Risk Manager and supervisor. iv. During a period of temporary reassignment, perform all of the duties of the limited duty assignment.
99 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
v. Sworn employees working a limited duty assignment shall not work off-duty employment. vi. Sworn employees may carry their assigned handgun if the physician’s limitations allow it. c. Supervisor responsibility related to limited duty employees: i. Identify a limited duty work assignment that meets the affected employee’s work restriction. If an assignment that meets the employee’s work restrictions cannot be identified, contact the Risk Manager for additional assistance. ii. Notify the Risk Manager of the temporary limited duty assignment. iii. Ensure the Affected Employee does not work outside his/her work restrictions. iv. Forward all medical documentation received to the Risk Manager. d. The Risk Manager will coordinate with the department’s healthcare provider and the appropriate supervisors to monitor limited duty personnel and ensure work restrictions indicated by the healthcare provider are met. e. Returning to full duty after a limited-duty assignment: i. Prior to returning to full duty status, a completed Report of Work Ability form shall be completed by the affected employee’s physician and provided to the Risk Manager. The work ability form must be signed by a physician and state that the employee may return to work with no work restrictions/limitations. ii. When the employee is released to work full-duty with no restrictions by his/her primary health care provider, a referral to the department’s healthcare provider may be made, if circumstances meet but are not limited to: 1. Employee has had any major illness or injury or major surgery. 2. Employee has been off-duty due to illness or injury for thirty days or more. 3. Employee has been away from work, even for one day, for any diagnosed cardiac condition. 4. Employee has been away from work for any bone fracture. 5. Employee has been placed on restrictions for more than seven calendar days by their personal healthcare provider.
X. Prescription and Over-the-Counter Medication a. It is the employee’s responsibility to report for work able to perform the essential duties of their job. b. An employee who is taking medication(s) that may interfere with the safe and effective performance of essential job functions and/or job duties or the operation of City equipment, shall notify the supervisor and/or Risk Manager before beginning the next assigned shift. i. If a question exists regarding an employee’s ability to safely and effectively perform essential job functions while using such medications, clearance to work from a qualified physician may be required. ii. The supervisor should contact the Risk Manager for assistance.
100 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. If the department determines that an employee failed to make the appropriate notifications regarding medication use or that the employee is working outside of the scope of the modified work assignment, disciplinary action may be taken.
Date: 1/1/2019
Approved by Chief Rick Mathwig
101 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 214 Police Department Security
I. Purpose and Scope This policy establishes guidelines and measures for ensuring police facility security.
II. Policy The security of the police facility is the responsibility of every member of the department. This policy covers the security of the police facility, excluding the secure detention area, which is under the control of the Duty Sergeant.
III. Security Measures The following security guidelines and measures are required to ensure police facility security: a. All exits/entrances shall remain closed and secured at all times unless an employee is present. b. A security device with entry limited to authorized persons shall be maintained on all entrances to the police facility. c. Security devices are the responsibility of the Deputy Chief. d. All non-uniformed personnel shall have a city ID card to gain entrance into the police department. Department volunteers and temporary personnel shall display their city ID while in the police facility. e. All visitors shall sign in and display a visitor pass while in the police facility. Visitors will be accompanied by a police department employee or an authorized city employee while in the facility. The authorizing employee shall ensure visitors comply with this procedure. f. All staff will challenge or inquire of any person in the police facility who is not in compliance with this procedure. City of Roseville employees will be instructed to wear their ID card or visitor pass while in the police facility. g. Each cleaning company employee will have a City of Roseville picture ID that must be displayed while working in the police department. Staff issuing a temporary visitor pass will identify the person and notify the Duty Sergeant if there are any questions. h. All employees will adhere to the City of Roseville’s Facility Access and Security Policy.
Date: 1/1/2019
Approved by Chief Rick Mathwig
102 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 215 Mobile Data Computer Use
I. Purpose and Scope This policy establishes guidelines for the proper access, use, and application of the Mobile Data Computer (MDC) system. This policy ensures appropriate access to confidential records from local, state and national law enforcement databases, and ensures effective electronic communications between department members and the Communications Center.
II. Policy Officers using the MDC shall comply with all appropriate federal and state rules and regulations and shall use the MDC in a professional manner.
III. Privacy Expectation There is no expectation of privacy with regard to messages accessed, transmitted, received, or reviewed on any mobile data computer.
IV. Restricted Access and Use Officers shall not access the MDC system if they have not received prior authorization and the required training. Use of the MDC system is restricted to official activities, business- related tasks and communications that are directly related to the business, administration, or practices. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing, or any other inappropriate messages on the MDC system is prohibited.
It is a violation of this policy to transmit a message or access a law enforcement database under another member’s name or password of another member to log in to the MDC system unless directed to do so by a supervisor. Members are required to log off the MDC or secure the system when it is unattended to minimize the potential for unauthorized access or misuse.
V. Malfunctioning MDCS Whenever possible, officers will not use vehicles with malfunctioning MDCs. Officers are responsible for the MDCs assigned to their vehicle. If there is a problem with the maintenance or function of the MDC, the officer discovering the problem will complete a Roseville IT Service Request and forward the form through the proper channels.
Date: 1/1/2019
Approved by Chief Rick Mathwig
103 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 216 Ride-Along Program
I. Purpose and Scope The ride-along program provides an opportunity for persons to experience the law enforcement function first hand. The purpose of the program is to improve police and public relations by familiarizing participants with the complex and unpredictable nature of police work.
II. Policy The Roseville Police Department Ride-Along Program is offered to residents, city employees, and other interested persons. Reasonable attempts will be made to accommodate interested persons. Any applicant may be disqualified with or without cause from participating in the program. The following factors may be considered in disqualifying an applicant: a. Under 18 years of age. b. Prior criminal history. c. Pending criminal action. d. Pending lawsuit against the department. e. Denial by any supervisor.
III. Ride-Along Program Authorization Each participant in a ride-along must read and complete a Roseville Police Department Civilian Ride-Along Program Waiver of Claim, Data Practices Rights Advisory and the Civilian Ride-Along Program Instructions and Overview prior to the ride-along. Participants under eighteen years of age must have the parent’s/guardian’s authorization section completed to be allowed to go on a ride-along.
Participants shall be subject to passing computerized criminal history check through Bureau of Criminal Apprehension resources, as well as a departmental record check. Any participant found to have a criminal background or negative contacts with this agency, or any other law enforcement agency, may be denied a ride-along opportunity.
Supervisors and officers taking the ride-along should request proper identification from the participant. Officers may request any additional information they deem necessary to review the ride-along application or screen the applicant.
Applicants who are not approved for the Ride-Along Program will be notified at the earliest opportunity with the reasons for the denial. Those reasons shall be documented on the Ride-Along Program Waiver of Claim form.
IV. Ride-Along Instructions Supervisors shall ensure that officers instruct their ride-along of expected behavior prior to
104 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
the ride. Ride-along participants shall be instructed to follow the directives of the officer(s) during the ride, which include the following: a. Failure to comply with reasonable directives or injecting themselves into a situation improperly will result in termination of the ride-along. b. Ride-alongs are not authorized to operate any Roseville Police Department equipment. c. Ride-along participants shall not carry weapons, to include firearms, even if the participant holds a state permit to carry. This limitation shall not include licensed peace officers. d. The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling of any police equipment. e. Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety. f. Officers will not allow any ride-alongs to be present in any residence or situation that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other person. g. Under no circumstance shall a civilian ride-along be permitted to enter a private residence with an officer without the expressed consent of the resident or other authorized person.
V. Ride Along Termination Officers may terminate a ride-along at any time. Reasons may include ride-along conduct or call load needs. In such incidents, the officer shall notify a supervisor that the ride-along has been terminated. The supervisor shall note the incident and reasons on the Ride-Along Waiver of Claim form. The form should be forwarded to the Operations Lieutenant for review.
VI. Under Eighteen Years Old In order for a person under 18 years of age to participate in a ride-along, written parental or guardian approval is mandatory, per the City Attorney, and is included on the Ride-along Program Waiver of Claim and Data Practices Rights Advisory forms. The Roseville Police Department grants permission for youths involved in a department sponsored law enforcement program to go on ride-alongs. Department-sponsored programs are explorers and police interns. No one under the age of sixteen years and not involved in a RPD- sponsored program will be authorized to go on a ride-along without the written permission of the Chief of Police.
Date: 1/1/2019
Approved by Chief Rick Mathwig
105 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 217 Retiree Concealed Firearms
I. Purpose and Scope This policy provides guidelines for the issuance, denial, suspension, or revocation of Roseville Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) (18 USC § 926C).
II. Policy The Roseville Police Department provides identification cards to qualified former or retired officers as provided in this policy.
III. Issuance of Identification Cards The Chief of Police may issue an identification card for LEOSA purposes to any former officer of this department who is (18 USC § 926C(c)): a. Separated from service in good standing from this department as an officer. b. Before such separation, had regular employment as an officer for an aggregate of 10 years or more or, if employed as an officer for less than 10 years, or separated from service after completing any applicable probationary period due to a service-connected disability as determined by this department. c. Has not been disqualified for reasons related to mental health. d. Has not entered into an agreement with this department in which the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. e. Is not prohibited by federal law from receiving or possessing a firearm.
IV. Identification Card If the Roseville Police Department qualifies the former officer, the LEOSA identification card or separate certification must indicate the date the former officer was tested or otherwise found by the department to meet the active-duty standards for qualification to carry a firearm.
V. Authorization Any qualified former law-enforcement officer, including a former officer of this department, may carry a concealed firearm under 18 USC § 926C when they are: a. In possession of photo identification that identifies them as having been employed as a law enforcement officer, and one of the following: i. An indication from the person’s former law enforcement agency that they have, within the past year, been tested or otherwise found by the law enforcement agency to meet agency-established active-duty standards for qualification in firearms training to carry a firearm of the same type as the concealed firearm. ii. A certification issued by either the state in which the person resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active- duty law-enforcement officers within that state, indicating that the person has,
106 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
within the past year, been tested or otherwise found to meet the standards established by the state or the standards of any agency in that state. b. Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance. c. Not prohibited by federal law from receiving a firearm. d. Not in a location prohibited by Minnesota law or by a private person or entity on his/her property if such prohibition is permitted by Minnesota law.
VI. Former Officer Responsibilities A former officer with a card issued under this policy shall immediately notify the shift supervisor of an arrest or conviction in any jurisdiction, or if they are the subject of a court order.
VII. Denial or Revocation of Identification Cards A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the department. In the event that an identification card is denied, suspended or revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final.
VIII. Firearms Qualifications The Use of Force Coordinator may provide former officers from this department an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Deputy Chief will maintain a record of the qualifications and weapons used.
Date: 1/1/2019
Approved by Chief Rick Mathwig
107 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 218 Employee Speech and Social Networking
I. Purpose and Scope This policy addresses issues associated with employee use of social networking sites and provides guidelines for the regulation and balance of employee speech and expression with the department’s needs. Nothing in this policy prohibits or infringes upon any communication, speech, or expression that is protected or privileged under law. This policy does not limit an employee’s right to speak as a private citizen about matters of public concern such as misconduct or corruption. This includes acting as an authorized member of a recognized bargaining unit or officer associations.
This policy applies to all forms of communication including film, video, print media, public, or private speech, use of all Internet services, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, wikis, video, and other file-sharing sites.
II. Policy To achieve its mission and provide effective service to the public, the Roseville Police Department will carefully balance individual employee’s rights against the organization’s needs and interests when exercising control over its employees’ speech and expression. Employees should carefully consider the implications of their speech or any other form of expression when using the internet. Employees should not disseminate or post any information on any forum or medium that could reasonably be expected to compromise the safety of any employee, employee's family or associates, or persons that this agency has had professional contact with. These include crime victims or staff of other organizations.
III. Prohibited Speech To meet the organization’s safety, performance, and public-trust needs, the following are prohibited unless the speech is otherwise protected. Such protection includes the employee speaking as a private citizen on a matter of public concerns, including acting as an authorized member of a recognized bargaining unit or officer associations. Prohibited activities include the following: a. Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation, or professionalism of the Roseville Police Department or its employees. b. Speech or expression that, while not made pursuant to an official duty, is significantly linked to or related to the Roseville Police Department and tends to compromise or damage the mission, function, reputation or professionalism of the department or its employees. c. Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the employee as a witness, for example posting statements or expressions to a website that glorify or endorse dishonesty or illegal behavior.
108 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
d. Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of department employees. e. Speech or expression that is contrary to the Law Enforcement Code of Ethics. f. Use or disclosure, through whatever means, of any data, photograph, video or other recording obtained or accessible as a result of employment with the department for financial or personal gain. This includes data classified as not-public by state or federal law or any disclosure of such materials without the express authorization of the Chief of Police.
IV. Unauthorized Endorsements and Advertisements While employees are not restricted from engaging in the following activities as private citizens or as authorized members of a recognized bargaining unit or officer associations, employees may not represent the Roseville Police Department or identify themselves in any way that could be reasonably perceived as representing the department in order to do any of the following, unless specifically authorized by the Chief of Police: 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 nonprofit publication or any motion picture, film, video, public broadcast, or any website. Additionally, when it can reasonably be construed that an employee acting in their individual capacity or through an outside group or organization (e.g. bargaining group) is affiliated with this department, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the Roseville Police Department. e. Employees retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens on political subjects and candidates at all times while off-duty. This includes situations where they are acting as authorized members of a recognized bargaining unit or officers’ association. However, employees may not use their official authority or influence to interfere with or affect the result of an election or a nomination for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend, or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502).
V. Privacy Expectation Employees forfeit any expectation of privacy with regard to e-mails, texts, or anything published or maintained through file-sharing software or any Internet site (e.g., Facebook, Twitter) that is accessed, transmitted, received or reviewed on any department technology system.
The department reserves the right to access, audit and disclose for whatever reason any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the department. This
109 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
technology includes the department e-mail system, computer network, radio or other communication system, medium, or any information placed into storage on any department system or device.
Date: 1/1/2019
Approved by Chief Rick Mathwig
110 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 219 Sick Leave
I. Purpose and Scope The city and department recognizes that, at times, employees may be unable to work due to personal illness or injury, or the illness, injury or medical appointment of a family member. During such instances, sick time may be used by eligible employees.
II. Policy Employees of this department are provided with leave that gives them continued compensation during times of absence due to personal or family illness. Additional guidelines on sick leave are outlined in the City of Roseville Employee Handbook and applicable collective-bargaining agreements. Employees on sick leave shall not engage in other employment or self-employment or participate in any sport, hobby or recreational, or other activity that may impede recovery from the injury or illness.
III. Notification Employees are encouraged to notify an immediate supervisor, the shift supervisor, or other appropriate supervisor as soon as they are aware that they will not be able to report to work. If an officer cannot reach the Duty Sergeant, the officer must contact dispatch and request that the sergeant return their call. If an employee is unable to contact the supervisor in the case of an emergency, every reasonable effort should be made to have a representative contact the supervisor. Employees who become ill, injured, or otherwise unable to work during their shift shall call the on-duty supervisor directly so that appropriate plans can be made.
When the necessity for leave is foreseeable, such as an expected birth or planned medical treatment, the employee shall, whenever reasonably possible, provide notice to the department as soon as possible.
Employees absent from duty due to personal illness in excess of three consecutive days may be required to furnish a statement from their health care provider supporting the use of sick leave and/or the ability to return to work. Nothing in this section precludes a supervisor, based upon reasonable cause, from requiring a physician's statement if less than three sick leave days are taken.
IV. Supervisor Responsibilities Supervisors should monitor sick leave usage and regularly review the attendance of employees under their command to ensure that the use of sick leave is consistent with this policy and the City of Roseville Employee Handbook. Supervisors should address sick leave when it has negatively affected the employee's performance or ability to complete assigned duties and when unusual amounts of sick leave by the employee had a negative impact on department operations.
111 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Date: 1/1/2019
Approved by Chief Rick Mathwig
112 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 220 Meals and Breaks
I. Purpose and Scope This policy regarding meals and breaks, insofar as reasonably possible shall conform to the policy governing all city employees pursuant to Minn. Stat. § 177.253, Minn. Stat. § 177.254 and Minn. R. § 5200.0120.
II. Policy Each employee who works for eight or more consecutive hours is entitled to sufficient time to eat a meal (Minn. Stat. § 177.254). Each employee is allowed adequate time from work within each four consecutive hours of work for a rest break (Minn. Stat. § 177.253).
III. Guidelines for Licensed Employees Licensed employees shall remain on-duty subject to call during meal periods. Meals and breaks shall be controlled in the following manner to ensure adequate city coverage and to maintain a positive community image: a. Meal Break: Each officer is entitled to one 30-minute meal break on each shift. Officers will check out with the dispatcher, but will remain available by phone and will monitor activity on the radio. b. Rest Break: Each officer is entitled to two fifteen-minute rest breaks on each shift, separate from the meal break. c. Number of Personnel: No more than two squads (not including the sergeant, if at the location for supervisory reasons) may be out at one time. This includes community service officers, cadets, and reserves. d. Location: If two squads meet for lunch or break they should choose a location on or near their district border. When taking breaks in their squad car, officers should park out in the open to create a police presence and crime deterrent.
Date: 1/1/2019
Approved by Chief Rick Mathwig
113 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 221 Lactation Break Policy
I. 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.
II. Policy It is the policy of this department to provide, in compliance with the Fair Labor Standards Act and Minnesota law, reasonable break time and appropriate facilities to accommodate any employee desiring to express breast milk for her nursing child, pursuant to Minn. Stat. § 181.939 and 29 USC § 207.
III. Break Time A rest period should be permitted each time the employee has the need to express breast milk (29 USC § 207). If feasible, lactation breaks should be taken at the same time as the employee's regularly scheduled rest or meal periods. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding the regularly scheduled break time may be unpaid.
Employees desiring to take a lactation break shall notify dispatch or a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt department operations (Minn. Stat. § 181.939). Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.
IV. Private Location The department will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private (Minn. Stat. § 181.939).
Date: 1/1/2019
Approved by Chief Rick Mathwig
114 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 222 Temporary Limited Duty Assignments
I. Purpose and Scope This policy provides general guidelines applicable to limited duty assignments, explaining the nature of their work assignments, and assigning oversight responsibilities. This policy is applicable to employees who become unable to perform their normally assigned duties due to injury, illness or disability.
II. Policy The Roseville Police Department provides limited-duty assignments to employees who are temporarily unable to perform regular assignments because of injury, illness, or disability, but are capable of performing available tasks and assignments consistent with their medical restrictions.
The Operations Lieutenant shall process all injury reports and requests for limited duty and forward a recommendation to the Chief of Police. All limited-duty assignments should be considered a progression of temporary assignments leading employees back to their primary full-duty assignment.
III. On-Duty and Off-duty Injuries or Illnesses Defined a. Injuries or illnesses “on-duty”: An officer or employee who is injured "on-duty" may be assigned temporary limited duty work that is not in conflict with the specific medical limitations due to that injury or illness. The supervisor of the employee’s unit will determine assignments. The employee will be compensated at the level of pay based on their pre-injury assignment or position. b. Injuries or illnesses “off-duty”: When an employee is injured away from work and can no longer perform the "normal assignment," the Chief of Police may offer a temporary limited-duty assignment. A work assignment will not be created solely to find work for an injured employee. This assignment will not be of an indefinite duration and there will be times when no limited duty work is available. The department will determine the hours and days of the assignment consistent with the employee’s limitations. There will be no guarantee of a full-time assignment and the completion of this assignment rests solely with the Chief of Police or designee.
IV. Procedures a. The department’s capacity to offer temporary light-duty positions is limited in number and variety: i. Personnel injured or otherwise disabled in the line of duty shall be given preference in initial assignment to light duty. ii. Assignments may be changed at any time, upon the approval of the treating physician, if deemed in the best interest of the employee or the agency.
115 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
iii. This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act, or other federal or state law. b. Light-duty assignments are strictly temporary and normally should not exceed 30 working days. After 30 days, personnel on temporary light duty who are not capable of returning to their original duty assignments shall present a request for extension of temporary light duty, with supporting documentation, to the Chief of Police or designee. They may pursue other options as provided by employment rules of the city, federal, or state law. c. Officers injured on-duty may not refuse temporary light-duty assignments that are supported by and consistent with the recommendations of an attending physician or certified health-care provider. However, officers may protest such assignments through established grievance procedures. d. In addition to considerations included in this policy, decisions on temporary light-duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's knowledge, skills and abilities, availability of light-duty assignments, and the officer’s physical limitations.
V. Requests for and Assignment to Temporary Light Duty a. Requests for temporary light-duty assignments shall be submitted to the employee’s immediate supervisor. Requests must be accompanied by a medical certification to support a requested reassignment, which must be signed either by the treating physician or other licensed health-care provider. The certificate must include an assessment of the nature and probable duration of the disability, prognosis for recovery, nature of work restrictions and an acknowledgment by the health-care provider of familiarity with the light-duty assignment and the fact that the employee can physically assume the duties involved. b. The request for temporary light-duty and the physician’s statement shall be forwarded to the Operations Lieutenant, who shall recommend an assignment to the Chief of Police or designee. c. Sworn employees on temporary light-duty are prohibited from carrying their service weapon unless specifically included in a physician’s statement and approved by the Chief of Police. d. A sworn employee on temporary light duty may be prohibited from wearing the departmental uniform, carrying the service weapon or otherwise be limited in employing police powers as determined by the Chief or designee. Such limitation will depend on the nature and extent of the temporary disability and must be consistent with the other parts of this policy. e. Employees on light duty assignments will work a business week schedule and will use accrued time off for official holidays. Employees on light-duty assignments will work a schedule consistent with the department business hours and approved by the Chief of Police.
116 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. Sworn employees on light-duty assignments are not eligible to work in an off-duty capacity if that work involves the potential use of police powers of arrest. g. As a condition of continued assignment to temporary light duty, officers shall submit a professional assessment of their condition, their limitations, and anticipated timeline for return to regular duty. They shall submit reports every 30 working days or as specified by the Chief of Police.
Date: 1/1/2019
Approved by Chief Rick Mathwig
117 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 223 Reporting of Employee Convictions and Court Orders
I. Purpose and Scope This policy provides guidelines on when employees need to notify the department of criminal convictions and court orders.
II. Policy Certain convictions may restrict or prohibit an employee's ability to properly perform official duties. Therefore, all employees shall be required to promptly notify the department of any past and current criminal convictions.
III. Domestic Violence Convictions and Restraining Orders Minnesota 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 (18 USC § 922; Minn. Stat. § 518B.01). 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.
IV. Court Orders All employees shall promptly notify the department if they are a party to, or have been served with, any court order from any jurisdiction.
V. Criminal Convictions Any person convicted of a felony is prohibited from being a peace officer in the State of Minnesota. Any license of a peace officer convicted of a felony is automatically revoked (Minn. Stat. § 626.8431). Even when legal restrictions are not imposed by statute or by the courts upon conviction of any criminal offense, criminal conduct by a member of this department may prohibit them from carrying out law enforcement duties (Minn. Stat. § 624.713).
VI. Reporting Procedures All members of this department and all retired officers with an identification card issued by the department shall promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing of any past or current criminal arrest or conviction regardless of whether the matter is currently on appeal and regardless of the penalty or sentence, if any.
All members and all retired officers with an identification card issued by the department shall further promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing if the member or retiree becomes the subject of a domestic
118 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
violence restraining court order or similar court order.
Any member whose criminal conviction unduly restricts or prohibits that member from fully and properly performing their duties may be disciplined including, but not limited to, being placed on administrative leave, reassignment, and/or termination.
Any member failing to provide prompt written notice pursuant to this policy shall be subject to discipline.
VII. Chemical Dependency Treatment If an officer is informally admitted to a treatment facility pursuant to Minn. Stat. § 253B.04 for chemical dependency, they are not eligible to possess a pistol, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility (Minn. Stat. § 624.713 Subd. 1(6). Officers in this situation shall promptly notify the department.
Date: 1/1/2019
Approved by Chief Rick Mathwig
119 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 224 POST Licensing
I. Purpose and Scope This policy provides guidelines to ensure that every officer maintains a valid license.
II. Policy Maintaining a valid POST license is a critical element of an officer’s ability to continue their employment and is their sole professional responsibility. Every officer is required to complete the continuing education requirements to maintain a valid license every three years (Minn. R. § 6700.0900; Minn. R. 6700.1000).
Any officer whose license expires is not authorized to work as a peace officer until the license status is valid. Officers renew their POST licenses according to a schedule established by Administrative Rule (Minn. R. 6700.1000).
III. License Renewal Credits A peace officer license may be renewed only upon the licensee or the licensee's appointing authority providing the POST Board proof the licensee has successfully completed board approved continuing education and posting of fees on or before June 30 of the year a license is due for renewal. Licensee required hours of continuing credit are (Minn. R. 6700.1000): a. 16 hours for a peace officer or a part-time peace officer who has been licensed for at least six months but less than 18 months. b. 32 hours for a peace officer or a part-time peace officer who has been licensed for at least 18 months but less than 30 months. c. 48 hours for a peace officer or a part-time peace officer who has been licensed for at least 30 months.
IV. In-Active Licenses Officers who fail to complete the requirements will have their license placed in the “Inactive” status. The employee may then be placed in a temporary administrative assignment until their license is valid. Those employees may also face administrative discipline up to and including termination.
Date: 1/1/2019
Approved by Chief Rick Mathwig
120 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 225 Nepotism and Conflicting Relationships
I. Purpose and Scope This policy provides guidelines to ensure equal opportunity and effective employment practices by avoiding actual or perceived favoritism, discrimination or actual or potential conflicts of interest by or between members of this department.
II. Policy It is the policy of the Roseville Police Department to ensure equal opportunity and effective employment practices and avoid actual or perceived favoritism, discrimination, or other actual or potential conflicts of interest by or between members of the department.
III. Definitions a. Business Relationship: Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder or investor in an outside business, company, partnership, corporation, venture, or other transaction where the department employee’s annual interest, compensation, investment, or obligation is greater than $250. b. Conflict of Interest: Any actual, perceived, or potential conflict of interest in which it reasonably appears that an employee’s action, inaction, or decisions are or may be influenced by the employee’s personal or business relationship. c. Nepotism: The practice of showing favoritism to relatives in appointment, employment, promotion or advancement by any public official in a position to influence personnel decisions. d. Personal Relationship: Includes marriage, cohabitation, dating, or any other intimate relationship beyond mere friendship. e. Relative: An employee’s parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted or step), sibling, grandchild, or grandparent.
IV. Employee Responsibility Prior to entering into any personal or business relationship or other circumstance that the employee knows or reasonably should know could create a conflict of interest or other violation of this policy, the employee shall promptly notify their uninvolved, next highest supervisor.
Whenever any employee is placed in circumstances that would require the employee to take enforcement action or provide other official information or services to any relative or other individual with whom the employee is involved in a personal or business relationship, the employee shall promptly notify their uninvolved immediate supervisor.
V. Supervisor Responsibilities Upon being notified of or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all
121 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
reasonable steps to promptly mitigate or avoid such violations whenever reasonably possible. Supervisors shall also promptly notify the Chief of Police of such actual or potential violations through the chain of command.
VI. Restricted Duties and Assignments The Roseville Police Department will not prohibit all personal or business relationships between employees. However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable restrictions shall apply: a. Employees are prohibited from directly supervising or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship. b. Employees are prohibited from participating in, contributing, or recommending promotions, assignments, performance evaluations, transfers, or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship. c. Field Training Officers (FTOs) and other trainers will not be assigned to train relatives. FTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation. d. To avoid actual or perceived conflicts of interest members of this department shall refrain from developing or maintaining personal or financial relationships with victims, witnesses, or other individuals during the course of, or as a direct result of, any official contact. e. Except as required in the performance of official duties or in the case of immediate relatives, employees shall not develop or maintain personal or financial relationships with any individual they know or reasonably should know is under criminal investigation, is a convicted felon, parolee, fugitive, or registered predatory offender or who engages in intentional violations of state or federal laws.
Date: 1/1/2019
Approved by Chief Rick Mathwig
122 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 300 Use of Force
I. Purpose and Scope The Roseville Police Department values and respects the sanctity of every life. It is the Roseville Police Department’s expectation officers will make reasonable use of force decisions that demonstrate our value of every life. The purpose of this policy is to provide sworn Police Officers, Police Reserve Officers, Cadets and Community Service Officers with guidelines on the use of deadly and non-deadly force.
II. Policy Because of the importance of use of force procedures, all sworn agency members, Cadets, Police Reserve Officers and Community Service Officers must be issued copies of this policy and receive competent instruction in the application of these procedures prior to being authorized to carry a firearm or non-deadly force weapons.
This Department recognizes and respects the value and special integrity of each human life. In vesting Police Officers with the lawful authority to use force to protect themselves and the public, a careful balancing of all human interests is required. Therefore, it is the policy of this department that Police Officers shall use only force that is reasonably necessary to effectively bring an incident under control, while protecting the lives and safety of the officer or another person.
III. Definitions Definitions related to this policy include: a. Deadly Force: Deadly force means force which is known to, or should reasonably be known to, create a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm, other than a firearm loaded with less lethal munitions and used by an officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force (Minn. Stat. § 609.066). b. Force: Force means 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. c. De-escalation: Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force by gaining voluntary compliance or with a reduction in the force necessary. De- escalation may include the use of techniques such as command presence, advisements, warnings, verbal persuasion, and tactical positioning to include the ability to disengage. d. Active Resistance: A response to police efforts to bring a person into custody or control for detainment or arrest. A subject engages in active resistance when engaging in
123 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
physical actions or verbal behavior reflecting an intention to make it more difficult for officers to achieve actual physical control. e. Passive Resistance: A response to police efforts to bring a person into custody or control for detainment or arrest. This is behavior initiated by a subject, when the subject does not comply with verbal or physical control efforts, yet the subject does not attempt to defeat an officer’s control efforts. f. Officer: Officer means sworn peace officers employed by the Roseville Police Department. It shall also include Cadets, Reserve Police Officers and Community Service Officers while acting in their official capacity.
IV. De-Escalation At times an officer must exercise control of a violent or resisting person to make an arrest, or to protect the officer, other officers, or members of the community from the risk of imminent harm. Not every potential violent confrontation can be de-escalated, but officers have the ability to impact the direction and the outcome of some situations they handle based on their decision-making and the tactics they choose to employ. a. When reasonable, officers should gather information, assess the risks, assemble resources and attempt to slow down the situation. b. Officers should use de-escalation techniques and other alternatives to higher levels of force consistent with his or her training whenever possible and appropriate before resorting to force and to reduce the need for force. c. Officers should use advisements, warnings, verbal persuasion, and other tactics and alternatives to higher levels of force. Whenever possible and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer should allow an individual time and opportunity to submit to verbal commands before force is used. d. Officers should recognize that they may withdraw to a position that is tactically more secure or allows them greater distance in order to consider or deploy a greater variety of force options. e. Officers should perform their work in a manner that avoids unduly jeopardizing their own safety or the safety of others. f. When possible, supervisors will acknowledge and respond to incidents where a potential violent confrontation exists or use of force is probable.
V. Responding to Persons in Crisis All seizures, including seizures for the purpose of taking individuals into custody for treatment, must be reasonable under the Fourth Amendment. Reasonableness is determined on a case-by-case basis. When there is no suspicion of criminal activity, any use of force must be based on the belief that the action is reasonable to protect the subject or others from the threat of imminent physical harm.
There are many reasons a person may be resisting arrest or may be uncooperative or unresponsive. A person may be non-compliant due to a medical condition, mental, physical,
124 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
or hearing impairment, language barrier, or emotional crisis, and have no criminal intent. This may not make the individual any less dangerous, but it may require a change in tactics that will be more effective while maintaining officer safety, if these circumstances are known to the officer. In determining the reasonableness of a response to an individual in crisis, officers may consider the following: a. Whether the individual poses an imminent threat of harm to themselves or other. b. Whether some degree of force is reasonably necessary to address the threat. c. Whether the force option used is reasonable under the circumstances.
VI. Duty to Intercede Officers have a duty to intercede to prevent the use of excessive force. Any officer present and observing another officer using force that is clearly unreasonable under the circumstances must, when in a position to do so safely, intercede to prevent the use of excessive force. Officers must promptly report any excessive or unreasonable force to a supervisor.
VII. Use of Force General Guidelines 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 may 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.
125 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VIII. Reasonableness of Force a. Officers shall limit their use of force to the least amount of force reasonably necessary to accomplish their intended objective, to overcome the resistance encountered, and to protect the safety of others. In determining the amount of force reasonably necessary, the following facts shall be considered relevant: i. An officer is not required to attempt to use types and degrees of force which reasonably appear to be inadequate to accomplish the officer’s intended objective. ii. An officer is not required to become involved in protracted struggles or protracted hand-to-hand combat which can frequently result in an increased risk of injury to the person being arrested or captured, to the officer, or may otherwise be detrimental to public safety. As such, an officer may use a type and degree of force which appears reasonably necessary to bring a person under control quickly. iii. Officers will not intentionally use airway choke holds to subdue or control individuals. Additionally, under no circumstances may any officer continue to use force (except mere physical restraint) against an individual who has ceased to resist. iv. When an individual offers only passive resistance to arrest, an officer shall physically remove and transport such individual with as much regard to the individual’s safety and welfare as is reasonable and practical. b. 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: i. Immediacy and severity of the threat to officers or others. ii. The conduct of the individual being confronted, as reasonably perceived by the officer at the time. iii. Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, number of officers vs. subjects). iv. The effects of drugs or alcohol. v. Subject’s mental state or capacity. vi. Proximity of weapons or dangerous improvised devices. vii. The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. viii. The availability of other options and their possible effectiveness. ix. Seriousness of the suspected offense or reason for contact with the individual. x. Training and experience of the officer. xi. Potential for injury to officers, suspects and others. xii. Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officers.
IX. Pain Compliance Techniques Pain compliance techniques may be effective in controlling a physically or actively resisting
126 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
individual. Officers may only apply pain compliance techniques after they have successfully completed department-approved training. The use of any pain compliance technique shall be discontinued once compliance has been achieved. Officers applying a pain compliance should consider: a. The degree to which the application may be controlled given the level of resistance. b. Whether the person can comply with the direction of orders of the officer. c. Whether the person has been given sufficient opportunity to comply.
X. Use of Force to Effect an Arrest An officer may use reasonable force (Minn. Stat. § 609.06 and Minn. Stat. § 629.33): a. In effecting a lawful arrest. b. In the execution of a legal process. c. In enforcing an order of the court. d. In executing any other duty imposed by law. e. In preventing the escape, or to retake following the escape of a person lawfully held on a charge or convicted of a crime. f. In restraining a person with a mental illness or a person with a developmental disability from self-injury or injury to another. g. In self-defense or defense of another. h. Other instances allowed by state law.
XI. Use of Force to Seize Evidence In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted.
XII. Destruction of Animals Officers are authorized to use deadly force to stop an animal 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.
In circumstances in which officers have sufficient advance notice that a potentially dangerous animal may be encountered, officers should develop reasonable contingency plans for dealing with the animal. Officers are not prohibited from shooting a dangerous animal if circumstances dictate that a contingency plan has failed or becomes impractical.
An officer may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and other options are impractical. When possible, injured domestic animals should be euthanized only after a reasonable search to locate the owner
127 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
has been made.
XIII. Use of Deadly Force Use of deadly force is justified in the following circumstances (Minn. Stat. § 609.066): 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 great bodily harm. b. To effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force; or c. To effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person's apprehension is delayed. 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 example, an imminent danger may exist if an officer reasonably believes any of the following: i. 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. ii. The person is capable of causing great bodily harm or death without a weapon and it is reasonable to believe the person intends to.
XIV. Shooting at or from Moving Vehicles 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.
XV. 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. Any application of a Conducted Energy Device or Control Device, beyond handcuffing. e. The individual subjected to force was rendered unconscious. f. An individual was struck or kicked. g. An individual alleges any of the above occurred.
128 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XVI. Medical Consideration following Use of Force Medical assistance shall be obtained for any person who exhibits visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after a force encounter should be continuously monitored until they can be medically assessed.
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.
Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics 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.
The minimal level of medical first aid that will be provided to all persons is as follows: a. Contact weapons: Paramedic b. Chemical agent: Paramedic c. Conducted Electrical Weapon: Paramedic d. Conducted Electrical Weapon (face or genital area): Hospital e. Specialty impact/less lethal: Hospital f. Canine bite or injury: Hospital g. Firearm Discharge injuries: Hospital
XVII. Supervisor Responsibility When a supervisor is able to respond to an incident where 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 receive appropriate medical care. c. Following medical first aid being rendered, ensure that photographs of any visible injury or complaint of injury/pain are completed. d. Identify any witnesses not already included in related reports.
XVIII. Use of Force Reporting Requirements a. Any use of force by a member of this department shall be documented promptly, completely and accurately in a report. An officer shall document the use of force in all instances where force was used to accomplish an arrest or for any other purpose. b. Use of force reports shall include the following information: i. Type(s) of resistance.
129 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. Type(s) of force or tactics used. iii. Any injury or complain of injury resulting from the use of force tactic used. iv. Actions taken to ensure that any injured person received appropriate and timely medical attention. Supplement reports related to hospital or paramedic check shall be attached to the report. c. The Critical Incident Policy shall be applicable to the circumstances where a firearm is discharged. d. The supervisor shall review each use of force by any personnel within their command to ensure compliance with the policy and to address any training issues. The supervisor review shall include reviewing all available reports and media (e.g. body worn and squad video, surveillance video, witness cell phone videos). The supervisor will then document whether the force was within policy.
XIX. Training a. Officers will receive training on this policy and the POST learning objectives at least annually (Minn. Stat. § 626.8452, Subd. 3). b. Sworn officers must demonstrate proficiency at least annually with any weapon they are authorized to use, including chemical agents and striking weapons. Employees who are unable to demonstrate proficiency must complete remedial documented training with their authorized weapons prior to resuming duties. c. Police Reserve Officers, Cadet Officers and Community Service Officers authorized to use less-than-lethal force weapons will receive in-service training commensurate with the limits and scope of their job responsibilities and demonstrate proficiency annually. d. Only certified range instructors may certify weapons proficiency. e. The department shall schedule regular training and qualification sessions for department-issued weapons; officers authorized to carry other weapons must schedule their own qualifying sessions. Training and qualification will be documented and graded on a pass/fail basis.
Date: 11/1/2018
Approved by Chief Rick Mathwig
130 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 301 Use of Force Administrative Review
I. Purpose and Scope The purpose of this policy is to establish a process for the Roseville Police Department to review any use of force by its employees.
This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force.
II. Policy The Roseville Police Department will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy.
III. Removal from Line Duty Assignments Generally, whenever an employee's actions or use of force in an official capacity, or while using department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case.
IV. Review The Deputy Chief will conduct an administrative review when the use of force by a member results in great bodily harm or death to another. The review will also investigate and review the circumstances surrounding every discharge of a firearm, whether the employee was on or off-duty, excluding training, recreational use, or routine dispatching of an animal. The Chief of Police may request the Deputy Chief to investigate the circumstances surrounding any use of force incident.
V. Responsibilities The Deputy Chief is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The Chief of Police will determine whether the review should be delayed until completion of any criminal investigation, review by a prosecutorial body, filing of criminal charges or any other action.
The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question an officer's decision regarding the use of force.
131 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Any questioning of the involved employee will be in accordance with the department’s disciplinary procedures, the collective bargaining agreement and any applicable state or federal law.
The Deputy Chief will submit a summary review to the Chief of Police. The Chief of Police will make a final determination as to whether the employee's actions were within policy and procedure and will determine whether any additional actions, investigations or reviews are appropriate. If the Chief of Police concludes that discipline should be considered, a disciplinary process will be initiated
Date: 11/1/2018
Updated: 1/1/2019
Approved by Chief Rick Mathwig
132 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 302 Handcuffing and Restraints
I. Purpose and Scope The purpose of this policy is to provide guidelines for the use of handcuffs and other restraints during detentions and arrests.
II. Policy The Roseville Police Department authorizes the use of restraint devices in accordance with this policy, department training, and the Use of Force Policy. Restraint devices shall not be used to punish or as a show of force.
III. 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 restraints, 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 a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. f. Whether the person has any other apparent disability.
IV. Restraint of Detainees Situations may arise where it may be reasonable to restrain an individual who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weight the safety interests at hand against the continuing intrusion upon the detainee.
V. Restraining of Pregnant Individuals Person who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. No person in labor shall be handcuffed or restrained except in extraordinary circumstances that are necessary to prevent escape or injury.
VI. Notifications 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 risk to the subject (i.e.
133 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail.
VII. Handcuffs Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person’s hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the department. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances. a. In most situations handcuffs should be applied with the hands behind the person’s back. When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. b. 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. c. 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.
VIII. Spit Hoods Spit Hoods: Spit hoods are temporary protective devices designed to prevent the wearer from biting and or transferring or transmitting fluids to others. a. 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 or during or after transport. b. 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 of impaired or distorted vision on the part of the individual. Officers should avoid comingling individuals wearing spit hoods with other detainees.
IX. Leg Restraints Leg restraints shall be only used in situations where handcuffed subjects are combative and still pose a threat to themselves, officers or others, or could cause significant damage to property if not properly restrained. The following guidelines shall apply: a. If practicable, officers should notify a supervisor of their intent to apply a leg restraint. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. b. Only leg restraint devices approved by the department may be used. c. Only qualified personnel trained in the leg restraint should use it. d. Once secured, the subject should be placed in a seated or upright position, secured with a seat belt, closely monitored, and must not be placed on their stomach for an extended period as this could reduce the person’s ability to breathe.
134 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. The leg restraint device must not be attached in any way to the subject’s handcuffs. f. Officers must monitor restrained subjects and should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. g. Anytime a leg restraint is used, officers shall document the circumstances requiring the use of the restraint.
X. Required Documentation If an individual is detained and subjected to physical restraints (e.g. handcuffing, spit hoods, leg restraints) and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints in their incident report. If an individual is arrested, the use of restraints other than handcuffs shall be documented in the related report.
Date: 11/1/2018
Approved by Chief Rick Mathwig
135 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 303 Control Devices
I. Purpose and Scope The purpose of this policy is to provide guidelines for the use and maintenance of control devices.
II. Policy The Roseville Police Department recognizes the gravity and responsibility given to the police by society in responding with force to enforce the law. As such, the Roseville Police Department provides that its officers be equipped with control devices designed to assist each officer in enforcing the law, and in the preservation of the individual officer’s life, other officers’ lives, the lives of citizens, and that of the offender. In order to control violent individuals or those who have the intent to be violent, the Roseville Police Department authorizes officers to use control devices. This policy, along with the Use of Force Policy, provide the guidelines for the use of control devices.
III. Training and User Requirements The Deputy Chief is responsible for ensuring that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained as necessary. At least annually, officers will receive training on this policy, as well as the POST learning objectives (Minn. State 626.8452, Subd. 3).
Only department members who have successfully completed department training are authorized to carry and use control devices. With minimal exception in exigent circumstances, only department approved control devices and techniques may be used.
The Deputy Chief is responsible to maintain documentation of department-authorized tools training. Annual training will be scheduled according to department requirements. All normal maintenance shall remain the responsibility of the officer.
IV. Reporting Use of Control Devices Any use of a control device or technique outlined in this policy shall be documented pursuant to the Use of Force Policy. All applications of a control device will be reviewed by a supervisor.
V. Baton Guidelines and Actions Following Deployment A police baton may be used by an officer when it is reasonably apparent that a lesser degree of force would be inadequate to control the situation. The need to control a subject should be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys or groin areas should not be intentionally targeted except if the officer reasonably believes that the subject poses an imminent threat of serious bodily injury or death to the officer or others.
136 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Any person struck with a police baton must be taken to a medical facility or examined by a paramedic. A report must be completed and submitted prior to the end of the shift, unless an extension is approved by a supervisor due to exigent circumstances. Photographs shall be taken of the area on the subject where the contact was made.
VI. Aerosol Subject Restraint Guidelines and Actions Following Deployment Aerosol Subject Restraints (ASR) may be used to bring under control an individual or groups of individuals who are engaging in, or about to engage in violent behavior or physically resist. ASR should not be used against individuals or groups who do not reasonably appear to present a risk to the safety of others or the public. Any person sprayed must be examined by a paramedic or taken to a medical facility.
ASR should not be used for the purpose of punishing a person held in custody. Due care shall be exercised by officers to ensure chemical agents are not sprayed on persons other than the person to whom the use of the chemical agent was intended.
VII. Chemical Agent Projectile Guidelines and Actions Following Deployment Chemical agent projectiles may be used for crowd control, crowd dispersal or against barricaded subjects based on the totality of the circumstances. Only the Chief of Police or designee may authorize the use of chemical agents.
Fire personnel shall be requested to the scene prior to deployment when possible or as soon as practicable. Seriously affected persons shall be transported to a medical facility or examined by a paramedic.
VIII. Specialty Impact Munitions This department is committed to reducing the potential for violent confrontations. Specialty Impact Munitions, when used properly, are less likely to result in death or serious injury and can be used in an attempt to de-escalate a potentially deadly situation. a. Deployment and Use: Only department-approved specialty impact 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 officers 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: i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles, or other dangerous projectiles at people and/or officers. iv. There is a probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
137 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Deployment considerations: 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 effective distances and target areas. However, officers are not restricted solely to use according to the manufacturer’s recommendations. Each situation must be evaluated on the totality of the circumstances at the time of deployment.
The need to immediately incapacitate the suspect 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 that the subject poses an imminent threat of serious bodily injury or death to the officers or others. Before discharging projectiles, the officer should consider factors such as: i. Distance and angle to target. ii. Type of munitions to be deployed. iii. Type and thickness of subject’s clothing. iv. The subject’s proximity to others. v. The location of the subject. vi. Whether the suspect’s actions dictate the need for an immediate response and the use of control devices appears appropriate. c. Safety Procedures: Less Lethal Launchers specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes they readily identifiable as such. Officers will inspect the launcher and projectiles at the beginning of each shift and ensure the gun is in proper working order and the projectiles are of the approved type and appear to be free from defects. When it is not deployed, the launcher will be unloaded and properly and securely stored. When deploying the launcher, the officer shall visually inspect the projectiles to ensure that conventional ammunition is not being loaded. At no time will conventional ammunition be used. d. Actions following deployment: 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. i. Spent munitions and casings shall be collected as evidence. Deployed munitions which cannot be located shall be documented in the deploying officer’s report. ii. The areas on the subject that were struck by munitions shall be photographed. iii. Any person who has been struck by specialty impact munitions must be taken to a medical facility. iv. The deploying officer shall complete a report prior to completing shift, unless approved by a sergeant due to exigent circumstances.
IX. Training Officers will receive training on the use of issued control devices on an annual basis,
138 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
including the POST learning objectives.
X. Documentation Any application of a control device or technique shall be documented in the related incident report and reported pursuant to the Use of Force Policy (policy 300).
Date: 11/1/2018
Updated: 1/1/2019
Approved by Chief Rick Mathwig
139 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 304 Conducted Electrical Weapons
I. Purpose and Scope The purpose of this policy is to provide guidelines for the use and maintenance of conducted electrical weapons.
II. Policy The use of conducted electrical weapons 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.
III. Carrying Conducted Electrical Weapons Only members who have successfully completed department-approved training may be issued and carry a conducted electrical weapon. Officers shall only use the device and cartridges that have been issued by the department.
Uniformed officers shall wear the conducted electrical weapon in a reaction-side holster on the side opposite of their duty weapon. Officers should not hold both a firearm and conducted electrical weapon at the same time.
Members carrying a conducted electrical weapon should perform a spark test on the unit prior to every shift. Members are responsible to ensure that their conducted electrical weapon is properly maintained and in good working order.
Officers are not authorized to carry department conducted electrical weapons while off- duty, except while working authorized outside employment.
IV. Verbal and Visual Warning A verbal warning of the intended use of a conducted electrical weapon should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances.
If after a verbal warning, an individual is unwilling to voluntarily comply, the officer may, but is not required to, display the electrical arc in an attempt to diffused a situation prior to actual discharge of the conducted electrical weapon.
V. Use of a Conducted Electrical Weapon A conducted electrical weapon 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.
140 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. The subject has demonstrated, by words or actions, an intention to be violent or to physically resist.
VI. Special Considerations The use of the conducted electrical weapon 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 or flammable material. f. Individuals whose position or activity may result in collateral injury (i.e. falls from height, operating vehicles).
VII. 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 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 and hospital medical personnel.
VIII. Multiple Applications of a Conducted electrical weapon Officers should apply the conducted electrical weapon for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications should be avoided unless the officer reasonably believes the need to control the individual outweighs the potentially increased risk posed by multiple applications. If the first application of a conducted electrical weapon appears to be ineffective, the officer should consider certain factors before additional applications, 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 conducted electrical weapon against a single subject.
IX. Dangerous Animals Conducted electrical weapons may be deployed against an animal if the animal reasonably appears to pose an imminent threat to human safety and alternate methods are not
141 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
reasonably available or would likely be ineffective.
X. Actions Following Deployment Officers shall notify a supervisor of all device discharges. The expended cartridge with the AFID system should have the darts inverted and secured back into the air cartridge. The air cartridge and wires should be placed in department property and held as evidence. Whenever possible, a sample of the AFID system must be collected from the deployed cartridge and also placed into department property. Evidence packing should be marked “Biohazard” if the probes penetrated the subject’s skin.
Any individual struck by probe(s) and / or drive stun(s) shall have the probe entry sites and/or drive stun locations photographed. Medical personnel shall be requested to the scene as soon as practicable. Seriously affected persons shall be transported to a medical facility or examined by a paramedic.
XI. Medical Treatment All persons who have been struck by a conducted electrical weapon or have been subjected to the electric discharge of the device shall be examined by paramedics. Any person who has been hit in a soft tissue area of the body, to include the groin, female breasts, neck or face, must be taken to a medical facility.
Any person exhibiting signs of distress or who is exposed to repeated, extended or continuous exposures beyond 15 seconds shall be transported to a medical facility prior to booking. The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of a conducted electrical weapon.
XII. Supervisor Responsibilities When possible, supervisors should respond to calls when they reasonably believe there is a likelihood that a conducted electrical weapon may be used. A supervisor should respond to any incident where the device was used on a person.
XIII. Documentation Officers shall document all device discharges in the incident report and on the Conducted Electrical Weapon Form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy (300). Unintentional discharges, pointing the device at a person, laser activation and arcing the device will also be documented on the report form. Items that shall be included in the report or on the form are: a. The type and brand of device and cartridge, as well as the cartridge serial number. b. Whether any display, laser or arc deterred a subject and gained compliance. c. The number of activations, the duration of each cycle, the duration between activations and the duration that the subject received applications. d. The estimated range at which the device was used. e. The type of mode used (probe or drive stun).
142 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. Location of any probe impact. g. Location of contact in drive-stun mode. h. Description of where missed probes went. i. Description of any medical care provided. j. Whether the subject sustained any injuries. k. Whether any officers sustained any injuries.
After a deployment, the officer shall complete a dataport download using a date range specified to the date of the deployment and attach the summary to the police incident report.
XIV. Training Personnel who are authorized to carry a conducted electrical weapon shall be permitted to do so only after successfully completing the initial department-approved training. Officers who have been issued the device will receive training on this policy, including the POST learning objectives at least annually (Minn. Stat. § 626.8452, Subd. 3).
Date: 11/1/2018
Approved by Chief Rick Mathwig
143 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 305 Duty Knives
I. Purpose and Scope The purpose of this policy is to establish guidelines regarding the general and defensive use of duty knives (known as “tactical folders,” “tactical folding knives,” or “patrol duty knives”) by agency personnel, both sworn and non-sworn officers and employees.
II. Policy The Roseville Police Department recognizes the gravity and responsibility given to the police by society in responding with force to enforce the law. As such, the Roseville Police Department provides that its officers be equipped with tools and weapons designed to assist each officer in enforcing the law, and in the preservation of the individual officer’s life, other officers’ lives, the lives of other individuals, and even that of the offender.
The Roseville Police Department authorizes each officer to possess and use a duty knife/knives, on-duty. It is recognized that officers may have many needs for a knife, including both general work and utility as well as for extremely limited defensive purposes. While not considered to be a primary weapon of choice in a defense-of-life situation, officers may, under extraordinary circumstances, respond with a duty knife in defense of their life, and the lives of others.
Nothing in this policy requires any officer to carry any knife. This policy is intended to aid the officer, should the officer choose to carry a knife on-duty, in the acceptable use of the knife in common tasks and under extraordinary circumstances in defense of life.
III. Specifications Officers may carry either an assisted and/or manual opening and/or fixed blade knife as the officer prefers. The carry of a switch blade and/or automatic knives are prohibited both by policy as well as Minnesota State Statute § 609.66 Subdivision 1(a).
IV. Carrying Duty Knives and General Use Each employee is expected to use reasonable care and caution when employing a knife in any manner. Should an officer be forced to use a knife defensively it shall be in compliance with the Use of Force Policy (300). While there is no way to specify the exact duration or circumstance in which a duty knife may be reasonably employed, each officer is expected to use this policy to make force response decisions in a professional manner. a. The carrying and use of any knife by on-duty officers shall be done as unobtrusively as possible so as not to alarm any bystander. b. The officer shall take care not to exhibit or handle the knife in a careless manner. c. It is the individual officer’s responsibility to use the duty knife as a tool in a safe and responsible manner. d. The officer shall use reasonable care in the general use of the knife as a tool to prevent injury to the officer and others.
144 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. The officer shall use reasonable care in the general use of the knife as a tool to prevent damage to property.
V. Defensive Use of Any Knife It is recognized that any officer, in the course of his or her duties, may require the use of the duty knife as a means of defense under extraordinary circumstances. The Roseville Police Department requires any force response by its officer to be objectively reasonable and comply with the requirements of Roseville Police Department Policy. Responding with a duty knife in defense shall comply with the Roseville Police Department Use of Force Policy and reporting requirements.
Officers are reminded that the duty knife is primarily a cutting tool to assist them in their daily duties, and is not intended by this agency to be a primary weapon of defense. Extraordinary circumstances may dictate that a response with the duty knife as an “immediate measure of defense of life.” An “immediate measure of defense” is defined as taking that action or using any implement to defend the officer’s life or safety, or the life or safety of another, with implements or devices not normally intended to be weapons or issued as public safety equipment.
VI. Medical Assistance for Those Injured by Officers Anyone injured by a duty knife shall receive medical assistance in compliance with the Use of Force Policy.
VII. Documentation Any force response involving a duty knife by any member of this department shall be documented in the related incident report and reported pursuant to the Use of Force Policy (300).
VIII. Fixed Blade Knives The department allows the use of a fixed-blade knife by on-duty uniformed personnel under the following conditions: a. Blade length is 5.0 inches or less. b. The blade is carried or contained within a protective scabbard or carrier. c. The entire blade and sheath is concealed from view of the public.
A fixed blade knife is defined as any knife in which the blade and the grip or handle are permanently fused in some manner with a blade sharpened on one or more edges for cutting, or possessing a sharpened point intended for stabbing. This policy allows for “tether” or “neck” knives to be carried. The blade length remains as described above.
IX. Civilian Personnel a. Civilian and/or volunteer personnel employed by the Roseville Police Department may possess and carry folding knives while on duty for general use purposes only.
145 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. The use and employment of any folding knife by civilian personnel shall be done as unobtrusively as possible so not to alarm any bystander. The employee shall take care not to exhibit or handle the knife in a careless manner. c. It is the individual’s responsibility to use the folding knife as a tool in a safe and responsible manner. d. The employee shall use reasonable care in the general use of the knife as a tool to prevent injury to themselves and others. e. The employee shall use reasonable care in the general use of the knife as a tool to prevent damage to property.
Date: 11/1/2018
Approved by Chief Rick Mathwig
146 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 306 Officer-Involved Shooting and Deaths
I. Purpose and Scope The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of other action of an officer. In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy.
II. Policy The policy of the Roseville Police Department is to ensure that officer-involved shootings and other deaths are investigated in a thorough, fair and impartial manner.
III. Investigation Responsibilities This department relies on the Minnesota Bureau of Criminal Apprehension for investigation of officer-involved shootings and deaths.
IV. Types of Investigations Peace officer-involved shootings involve several separate investigations. The investigations may include: a. A criminal investigation of the suspect’s actions. b. A criminal investigation of the involved officer’s actions. c. An administrative investigation as to policy compliance by involved officers. d. A civil investigation to determine potential liability. e. A licensing investigation by the POST Board.
V. Jurisdiction Jurisdiction is determined by the location of the shooting and the agency employing the involved officer(s). The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths. a. Roseville Police Department Officer Within This Jurisdiction: The Roseville Police Department is responsible for the criminal investigation of the suspect's actions, the civil investigation and the administrative investigation. The criminal investigation of the officer-involved shooting or death will be conducted by an uninvolved outside law enforcement agency asked to conduct the investigation. b. Outside Agency’s Peace Officer Within This Jurisdiction: The Roseville Police Department is responsible for the criminal investigation of the suspect's actions. The criminal investigation of the officer-involved shooting or death will be conducted by an uninvolved outside agency. The officer's employing agency will be responsible for any civil and/or administrative investigation(s). c. Roseville Police Department Officer in Another Jurisdiction: The criminal investigation of the officer-involved shooting or death will be conducted by an uninvolved outside
147 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
agency. The Roseville Police Department will conduct timely civil and/or administrative investigations of its own personnel. d. POST Administrative Investigations: The Minnesota POST Board may require an administrative investigation based on a complaint alleging a violation of a statute or rule that the board is empowered to enforce. An officer-involved shooting or death may result in such an allegation. Any such complaint assigned to this department shall be completed and a written summary submitted to the POST executive director within 30 days of the order for inquiry (Minn. Stat. § 214.10 Subd. 10).
VI. Duties of Initial Officer Arriving on Scene Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved officer will be the officer-in-charge and assume the duties until relieved by a responding supervisor. The first uninvolved officers should: a. Secure the scene. b. Take reasonable steps to obtain emergency medical attention for injured individuals. c. Coordinate a perimeter or pursuit of suspects. d. Request additional resources as appropriate. e. Brief the supervisor upon arrival.
VII. Duties of Initial On-Scene Supervisor Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved supervisor should continue the steps outlined above and the following: a. Attempt to obtain a brief overview of the situation from any uninvolved officer. In the event that there are no non-shooter or uninvolved officers, the supervisor should attempt to obtain a brief voluntary overview from one involved officer. b. If necessary, the supervisor may administratively order any Roseville officer to provide public safety information necessary to secure the scene and pursue suspects. Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information. The supervisor should not attempt to order any involved officer to provide any information other than public safety information. c. Take command of and secure the incident scene with additional personnel until relieved by an investigations supervisor or other assigned personnel. d. As soon as practicable, involved officers should be transported, separately if possible, to the police department. Each involved officer should be given an administrative order not to discuss the incident with other involved officers or RPD officers. e. When an involved officer’s weapon is taken or left at the scene, the supervisor will ensure that he/she is provided with a replacement weapon or transported by other officers.
VIII. Notifications The following persons shall be notified as soon as practicable: a. Chief of Police
148 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Deputy Chief c. Lieutenants d. Outside Agency Investigators e. Psychological/peer support personnel f. Medical Examiner (if necessary) g. Officer representative (union and legal)
IX. Media Relations A public information officer (PIO) designated by the Chief of Police shall have the sole authority to issue statements or distribute information on behalf of the Roseville Police Department. All members of the Roseville Police Department contacted by any member of the media, or other entities or persons, shall refer such contact to the PIO and shall not make any statement or provide any information.
It is the policy of this department to release the identities of involved officers when the release does not hinder a law enforcement purpose, does not reveal the identity of an undercover law enforcement officer and as otherwise required by law (Minn. Stat. § 13.82). 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.
X. Involved Officers Once involved officers have arrived at the police department, the supervisor should direct each officer that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved officer: a. Any request for department or legal or union 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 organization representatives (e.g., employee association) will be privileged only if otherwise protected by evidentiary privilege. d. A psychologist or other psychotherapist shall be provided by the Department to each involved officer, or any other officer. Interviews with a licensed psychotherapist will be considered privileged and will not be disclosed except to the extent that a report is required to determine whether the officer is fit for return to duty. 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 the 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.
149 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. Care should be taken to preserve the integrity of any physical evidence present on the officer's equipment or clothing, such as blood or fingerprints, until investigators or crime scene personnel can properly retrieve it. g. Each involved officer shall be given reasonable paid administrative leave following an officer-involved shooting. It shall be the responsibility of the Duty Sergeant or Operations Lieutenant to make schedule adjustments to accommodate such leave.
XI. Investigative Personnel Once notified of an officer-involved shooting, it shall be the responsibility of the investigation supervisor to assign appropriate personnel to handle the investigation of related crimes. Investigators will be assigned to work with those from an outside agency should this investigation be assumed by another agency, and may be assigned to separately handle the investigation of any related crimes that are not being investigated by the outside agency.
XII. Criminal Investigation This department may utilize an outside agency to conduct an independent criminal investigation into the circumstances of any officer-involved shooting involving injury or death. Investigations personnel from this department may be assigned to partner with investigators from outside agencies or the County Attorney’s Office to avoid duplicating efforts in related criminal investigations. The County Attorney’s Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death.
Criminal Investigators should be given the opportunity to obtain a voluntary statement from involved officers. The following shall be considered for the involved officer: a. Roseville supervisors and command personnel should not participate directly in any voluntary interview. b. 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. c. If any involved officer is physically, emotionally or otherwise not in a position to provide a voluntary statement, consideration should be given to allowing a reasonable period for the officer to schedule an alternative interview time. d. Any officers involved in a shooting or death may be permitted to review their available body worn or squad video prior to providing a recorded statement or completing reports.
XIII. Reports In the event that suspects remain outstanding or subject to prosecution, the department shall retain the authority to require involved Roseville officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals.
While involved officers may write a report, it is generally recommended that reports be
150 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
completed by assigned investigators.
XIV. Witness identification and interviews Officers or supervisors should take reasonable steps to promptly 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.
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.
Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where investigators may obtain a recorded statement. If willing, witnesses may be transported by a member of the department.
XV. Administrative Investigation The department will conduct an internal administrative investigation of involved Roseville officers to determine conformance with department policy and will be considered a confidential officer personnel file. Interviews of officers shall be subject to department policies and applicable laws (Minn. Stat. § 626.89). a. Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening in accordance with the drug and alcohol testing guidelines in the Drug- and Alcohol-Free Workplace Policy adopted under the authority of Minn. Stat. § 181.950 to Minn. Stat. § 181.957. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. 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. If a further interview of the officer is deemed necessary to determine policy compliance, the inquiry should be limited to new areas and limit duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews. c. In the event that an involved officer has elected not to provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information (Minn. Stat. § 626.89). i. Care should be taken to ensure that the officer’s physical and psychological needs have been addressed before taking the statement. ii. The officer shall have the opportunity to select two uninvolved representatives to be present during the interview. iii. Administrative interviews should be recorded. The officer may also record the interview. iv. The officer shall be provided at least 48 hours notice and be informed of the nature of the investigation, their Garrity and Peace Officer Bill of Rights, and assuming there
151 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
is no voluntary waiver, will then be given an administrative order to provide full and truthful answers to all questions. v. The administrative interview shall be considered part of the officer's administrative investigation file. vi. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedure.
XVI. Debriefing Following an officer-involved shooting or death, the Roseville Police Department should conduct both a critical incident/stress debriefing and a tactical debriefing.
Officers involved in the incident shall be required to undergo Critical Incident debriefing conducted by qualified mental health providers at the expense of the City of Roseville. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event (Minn. Stat. § 181.973). The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law or a valid court order. No such data may be used in any personnel action and all matters discussed at such debriefing shall be protected data and subject to the requirements of Garrity vs. New Jersey, 385 U.S. 494 (1967).
Involved officers who are unable to return to work in any capacity, as designated by a qualified mental health professional, may continue to be eligible for paid time off pursuant to Minn. § Stat. 299A.475 and/or applicable provisions of the Labor Agreement and other Civil Service Rules.
For purposes of training and education, all officers who became involved with the Critical Incident and follow-up activities may be requested to participate in a post incident review to determine whether or not additional or different training is required, assess equipment needs, and such other matters which would be beneficial and helpful in responding to and handling future Critical Incidents.
XVII. Reporting If an officer discharges a firearm in the course of duty, other than for training purposes or the killing of an animal that is sick, injured, or dangerous, the Chief of Police shall notify the Commissioner of Public Safety within 30 days of the reason for and the circumstances surrounding the discharge of the firearm under Minn. Stat.§ 626.553.
XVIII. Civil Liability Response A member of this department may be assigned to work exclusively under the direction of the legal counsel for the 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.
152 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Date: 11/1/2018
Approved by Chief Rick Mathwig
153 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 307 Firearms
I. Purpose and Scope The purpose of this policy is to provide guidelines for issuing firearms, the safe and legal carrying of firearms, maintenance and training. The Chief of Police or designee shall approve all duty firearms before they are acquired and utilized by any member of this department.
II. Policy The Roseville Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well-armed persons.
III. Authorized Firearms Only weapons approved by the Chief of Police are issued by the Roseville Police Department. The authorized department-issued handgun is the Glock Model 22 or 23 .40 caliber. The Chief may officers to carry a department issued Glock Model 43 .40 caliber during plain clothes and undercover assignments. Only issued and approved shotguns and rifles are authorized for on-duty use.
IV. Carrying of Firearm The carrying of a firearm while on-duty is mandatory for uniformed personnel. While on duty, plain clothes officers and sworn administrative personnel are not required to carry a firearm in the office, but should carry a firearm when leaving the office.
An officer working off-duty in a law enforcement capacity or wearing their department uniform shall carry their department-issued service weapon.
Officers will not carry weapons of any kind during any period of time when they are relieved of duty without the approval of the Chief of Police. This section does not apply to weapons intended for recreational purposes.
V. Patrol Rifles Only issued and approved shotguns and rifles are authorized for on-duty use. Officers may deploy the patrol rifle and/or shotgun in any circumstance where the officer can articulate a reasonable expectation that the rifle and/or shotgun may be needed. When not deployed, the patrol rifle shall be properly secured in a locking weapons rack in the squad car.
VI. Maintenance and Repair New weapons will be inspected by the department armorer prior to issue. Department weapons will be inspected by the department armorer annually and at any other time
154 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
necessary. The department armorer shall maintain a record of each weapons, including type, model, serial number and assignee approved for official use. Unsafe weapons will be documented and removed from service until they are made safe and in working condition.
The department-issued service weapon will not be disassembled (except in routine cleaning), modified, or repaired in any manner by an officer, except by a department armorer. If service or repair is needed, a supervisor will be notified immediately.
VII. Secondary Weapons The carrying of a secondary (back up) firearms shall be at the option of the officer. Officers desiring to carry a secondary weapon are subject to the following restrictions: a. Officers are required to submit a Firearm Approval Form to a department range officer for review and recommendation, with final approval determined by the Chief of Police. The form must include, but is not limited to, make, model, caliber, serial number, barrel length, finish, and special features of the weapon. The completed form will be placed in the officer’s personnel file, with a copy in the range officer’s files. b. The firearm must be at least .32 caliber, but no larger than .45 caliber (exceptions may be approved by the Chief of Police). c. The weapon shall be of good quality and workmanship. d. The purchase of the weapon and ammunition shall be the responsibility of the officer. e. The weapon shall be carried out of sight at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. f. The weapons shall be subject to inspection whenever deemed necessary. g. Officers shall be solely responsible for the repair, regular cleaning and maintenance of their secondary weapon. h. Only commercially manufactured hollow point ammunition will be carried in the secondary firearm. Officers will not carry metal-jacketed, penetrating, exploding, armor- piercing, or pre-fragmented rounds in the secondary firearm. All secondary firearms ammunition, including practice ammunition, will be provided exclusively by the officer. i. Personnel shall qualify annually with the secondary weapon under range supervision. Officers must demonstrate proficiency, safe handling and serviceability of the weapon. The range officer shall document and maintain on file proficiency testing for secondary weapons. j. An officer may not substitute a secondary weapon for their department-issued service weapon when working off-duty in a law enforcement capacity or wearing their department uniform.
VIII. Off-Duty Weapons The carrying of a firearm while off duty is encouraged, but shall be at the option of the officer. The officer shall not be subject to disciplinary action if an occasion should arise in which the officer could have taken action but did not do so because they were unarmed. Officers desiring to carry an off-duty weapon are subject to the following:
155 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Officers are required to submit a Firearm Approval Form to a department range officer for review and recommendation, with final approval determined by the Chief of Police. The form must include, but is not limited to, make, model, caliber, serial number, barrel length, finish, and special features of the weapon. The completed form will be placed in the officer’s personnel file, with a copy in the range officer’s files. b. The firearm must be at least .32 caliber, but no larger than .45 caliber (exceptions may be approved by the Chief of Police). c. The weapon shall be of good quality and workmanship. d. The purchase of the weapon and ammunition shall be responsibility of the officer. e. The weapon shall be carried out of sight at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. f. The weapons shall be subject to inspection whenever deemed necessary. g. Officers shall be solely responsible for the repair, regular cleaning and maintenance of their off-duty weapon. h. Only commercially manufactured hollow point ammunition will be carried in the off- duty firearm. Officers will not carry metal-jacketed, penetrating, exploding, armor- piercing, or pre-fragmented rounds in the off-duty firearm. All off-duty ammunition, including practice ammunition, will be provided exclusively by the officer. i. Personnel shall qualify annually with the off-duty weapon under range supervision. Officers must demonstrate proficiency, safe handling and serviceability of the weapon. The range officer shall document and maintain on file proficiency testing for off-duty weapons. j. When armed, officers shall carry their badge or department identification. k. An officer may not substitute an off-duty weapon for their department issued service weapon when working off-duty in a law enforcement capacity, wearing their department uniform, or on-duty and plain-clothes.
IX. Training and Demonstration of Proficiency All licensed personnel shall successfully complete department training regarding the use of force, deadly force and the use of firearms before being issued a firearm or being authorized to carry a firearm in the course of their duties (Minn. Stat. § 626.8452 and Minn. Stat. § 626.8463).
Sworn officers must demonstrate proficiency at least annually with any firearms they are authorized to use. The department shall schedule regular training and qualification sessions for department-issued weapons; officers authorized to carry other weapons must schedule their own qualifying sessions. Training and qualification will be documented and graded on a pass/fail basis. Employees who are unable to demonstrate proficiency must complete remedial documented training with their authorized weapons prior to resuming duties.
A police officer who has taken an extended leave (six months or longer) or suffered an illness or injury which may have affected their ability to use a firearm, will be required to requalify before returning to law enforcement duties.
156 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
X. Safe Handling, Inspection and Storage Officers shall maintain the highest level of safety when handling firearms and shall adhere to the following: a. Warning shots are prohibited. b. Officers shall not unnecessarily display or handle any firearm. c. Members shall not clean or repair a firearm anywhere in the department, except where clearing barrels are present. d. Officers shall not carry firearms into the detention area. e. At the police department, firearms shall be stored in locked storage areas.
XI. Report of Firearm Discharge Except during training, dispatching an animal, or recreational use, any officer who discharges a 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 and the Use of Force Policy.
XII. Ammunition Officers shall carry only department-authorized ammunition. Officers shall be issued fresh duty ammunition in the specified quantity for all Department-issued firearms each year. Officers carrying personally owned authorized firearms of a caliber differing from Department-issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above at their own expense.
XIII. Alcohol and Drugs Firearms shall not be carried by any officer who has consumed any amount of an alcoholic beverage or taken any drugs that would tend to adversely affect the officer’s senses or judgements.
XIV. Storage at Home Officers shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Officers shall not permit department-issued firearms to be handled by anyone not authorized by the department to do so. Negligent storage of a firearm could result in civil and criminal liability (Minn. Stat. § 609.666; Minn. Stat. § 609.378).
XV. Carrying Firearms out of State Qualified, active, full-time officers of this department are authorized to carry a firearm in all other states subject to the following conditions (18 USC § 926B): a. The officer shall carry their Roseville Police Department identification card whenever carrying such weapon.
157 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. The officer is not the subject of any current disciplinary action. c. The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. d. The officer will remain subject to this and all other department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas.
Date: 11/1/2018
Updated: 1/1/2019
Approved by Chief Rick Mathwig
158 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 308 Canines
I. Purpose and Scope This policy establishes guidelines for the use of canines to supplement law enforcement services to the community.
II. Policy It is the policy of the Roseville Police Department that teams of handlers and canines meet and maintain appropriate proficiency to effectively and reasonably carry out law enforcement objectives.
III. Assignment Canine teams will be assigned to assist and supplement the patrol division. The Canine Unit should be available for emergency duty when possible. The unit shall perform regular patrol duties except when its services are required for special assignments or training. Assignment to the Canine Unit shall in no manner relieve members from performing regular police duties and conforming to and complying with other orders of the department. When engaged in normal duty assignments, the canine teams shall report to the Duty Sergeant.
IV. Canine Unit Coordinator The Operations Lieutenant or designee is responsible for the canine unit. The responsibilities of the coordinator include, but are not limited to: a. Reviewing all canine use reports to ensure compliance with policy and to identify any training issues or needs. b. Recommending and overseeing equipment and services needed for the handlers and canines. c. Scheduling all canine-related activities. d. Ensure that the canine teams are scheduled for regular training to maximize their capabilities.
V. Outside Agency Request All requests for canine assistance from outside agencies must be approved by the Duty Sergeant and are subject to the following: a. Canine teams shall not be used for any assignment that is not consistent with this policy. b. The canine handler shall have the authority to decline a request for any specific assignment they deems unsuitable. c. It shall be the responsibility of the canine handler to coordinate operations with agency personnel in order to minimize the risk of unintended injury. d. It shall be the responsibility of the canine handler to complete all necessary reports or as directed. e. If an On-Duty Sergeant is not available, the canine handler will evaluate the request for assistance to the outside agency.
159 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VI. Call Out of Off-Duty Canine Teams The On-Duty Supervisor shall have the discretion to request mutual aid agency canines or call out department canine teams when an on-duty team is not available. Preference shall be given to calling in a mutual aid agency canine or a department canine handler that is about to report for duty. The Duty Sergeant will personally evaluate each request for the call out of an off-duty canine unit. An off-duty unit will not be called in for routine cases.
VII. Public Demonstrations All public requests for a canine team shall be reviewed by the Operations Lieutenant. The canine handler is responsible for using proper safety protocols during public demonstrations. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the Operations Lieutenant.
VIII. School Searches Canine teams may be utilized to conduct searches at schools within the City of Roseville or other municipal limits. All school search requests will be made through the Operations Lieutenant. The Operations Lieutenant and Chief of Police will make a determination after careful consideration and consultation with school administrators, the SLO (if applicable) and the canine handler.
IX. Crowd Control Canine teams may respond as back up when appropriate, but shall not be deployed for crowd control. Canines shall remain in patrol vehicles and whenever reasonably possible, out of the view of the crowd.
X. Apprehension Guidelines A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has either committed, is committing or threatening to commit any serious offense and if any of the following exist: a. There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer or the handler. b. The suspect 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 suspect 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. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine.
Absent a reasonable belief that a suspect has committed, is committing or is threatening to commit a serious offense mere flight from a pursuing officer without any of the above conditions shall not serve as the basis for the use of a canine to apprehend a suspect.
160 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Use of a canine to locate and apprehend a suspect wanted for a misdemeanor or gross misdemeanor is prohibited unless the suspect poses an imminent threat of harm to the officers or others. Absent a change in circumstances, such canine use should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual.
If the identity of the suspect is known and if there is a reasonable likelihood that the person can be found later, it is the canine handler and/or supervisor’s responsibility to evaluate the situation and determine whether the use of a canine is still appropriate and reasonable given the totality of the circumstances.
The use of a canine to physically apprehend a person solely because they are a suspect in any of the following felony investigations is prohibited: a. Theft/Shoplifting. b. Narcotics sales. c. Human trafficking. d. Burglary of a vacant building.
Once a suspect has been located and no longer reasonably poses a threat, the handler should secure the canine as soon as possible. If the canine has apprehended the suspect with a secure bite, and the handler believes that the suspect no longer poses a threat, the handler should promptly remove the canine from the suspect.
XI. Deployment Considerations Prior to the use of a canine for searching or apprehension, the canine handler and/or supervisor should carefully consider all pertinent information reasonably available at the time. The information should include, but not limited to: a. The nature and seriousness of the suspected offense. b. Whether violence or weapons were used or are anticipated. c. The degree of resistance or threatened resistance, if any, the suspect has shown. d. The suspect's known or perceived age. e. The potential for injury to officers or the public caused by the suspect if the canine is not utilized. f. Any potential danger to the public and/or other officers at the scene if the canine is released. g. The potential for the suspect to escape or flee if the canine is not utilized.
It is the canine handler's responsibility to evaluate each situation and determine whether the use of a canine is appropriate and reasonable. The canine handler shall have the authority to decline the use of the canine whenever the canine handler deems deployment is unsuitable. A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine.
XII. Warnings and Announcements Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a
161 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
canine will be used if the suspect does not surrender should be made prior to releasing a canine. The handler should allow a reasonable time for a suspect to surrender and should attempt to quiet the canine momentarily to listen for any verbal response to the warning. If available, warnings given in other languages should be used as necessary.
If a warning is not to be given, the canine handler when reasonably practicable should first advise the supervisor of their decision before releasing the canine. In the event of an apprehension the handler shall document in the incident report how the warning was given and, if none was given, the reasons why.
XIII. Reporting Deployments, Bites and Injuries Whenever a canine deployment results in a bite or causes injury to an intended suspect a supervisor should be promptly notified and the injuries documented and photographed. The injured person shall be promptly treated by emergency medical services personnel and transported to an appropriate medical facility for further treatment. The deployment and injuries should also be included in any related incident or arrest report.
Any unintended bite or injury caused by a canine, whether on or off-duty, shall be promptly reported to the operations lieutenant and forwarded to the Chief of Police. Unintended bites or injuries caused by a canine should be documented in an administrative report and forwarded to the Operations Lieutenant.
XIV. Non-Apprehension Guidelines Properly trained canines may be used to search for non-criminals such as lost children, missing vulnerable adults, or people who may be in need of medical attention. The handler is responsible for determining the canine’s suitability based on the conditions and abilities of the canine. When deployed in a search or non-apprehension, the following guidelines apply: a. Unless there is an immediate threat to officers, the public or the canine, the search shall be conducted on-leash or under conditions that minimize the likelihood that the canine will injure the individual. b. Throughout the search, the handler should periodically give verbal assurances that the canine will not hurt the individual and encourage the individual to make him/herself known. c. Once the individual has been located, the canine handler should secure the canine as soon as reasonably practicable.
XV. Article and Evidence Detection Canines trained in article and evidence detection may be used to locate or identify articles or evidence. The search for articles should be conducted in a manner that minimizes the risk of unintended bites or injuries.
XVI. Narcotics Detection A canine trained in narcotics detection may be used in accordance with current law and certain circumstances, including the search of vehicles, bags or buildings. They also may be used to assist during a search warrant service or to assist in developing probable cause for a search
162 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
warrant. A narcotics-detection trained canine will not be used to search a person for narcotics unless it is training to passively indicate the presence of narcotics.
XVII. Bomb/Explosive Detection When a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered. An explosive detection canine team may also be used for preventive searches at special events, VIP visits, or other restricted areas.
XVIII. Handler Responsibilities The canine handler is responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, and living conditions. The canine handler is responsible for the following: a. Except as required during deployments, the canine handler shall not expose the canine to any foreseeable and unreasonable risk of harm. b. The canine handler shall maintain all department equipment under their control in clean and serviceable condition. c. Any changes in the living status of the canine handler that may affect the canine shall be reported to the Operations Lieutenant as soon as possible. d. Under no circumstances will the canine be lodged at another location unless approved by the Operations Lieutenant. e. When off-duty, the canine handler shall not involve the canine in any law enforcement activity unless approved in advance by the Operations Lieutenant or Duty Sergeant. f. Canine handlers shall not enter their canine in any show, trial, exhibition or off-duty demonstrations without prior approval of the Operations Lieutenant. g. Each handler will be a member of the United States Police Canine Association and its local chapter.
XIX. Canine Injury and Medical Care In the event that a canine is injured or is not in good physical condition, the handler will notify the Operations Lieutenant or Duty Sergeant as soon as practicable. All medical attention shall be rendered by the department approved canine veterinarian, except during an emergency where treatment should be obtained from the nearest available veterinarian. The University of Minnesota Veterinary Medical Center is preferred, if feasible. All records of medical treatment shall be maintained in the canine file.
XX. Training Before assignment in the field each canine team shall be trained and certified to meet current nationally recognized standards. Canine and handler training will be in conformance with standards set forth by the United States Police Canine Association (USPCA).
Canine members shall complete a monthly training and use log. These training and use logs will document the dates, times and types of activities they are involved in. All training shall be consistent with USPCA PD-1 requirements. All handlers shall maintain current PD-1 certification. The Patrol Lieutenant can allow a handler to pass these qualifications for injury or age
163 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
considerations, as long as the dog and handler have previously been certified “PD-1.” All dogs/handlers cross-trained in bomb or narcotics shall also maintain training with USPCA certifications.
XXI. Controlled Substance Training Aids Officers acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with federal laws and if they comply with applicable state requirements (21 USC § 823(f)).
The Chief of Police or designee may authorize a member to seek a court order to allow controlled substances seized by the Roseville Police Department to be possessed by a narcotics- detection canine trainer, provided the controlled substances are no longer needed as criminal evidence.
All controlled substance training samples will be stored in designated cases at all times. The cases shall be secured in the trunk of the canine handler’s assigned patrol vehicle during transport and stored in an appropriate locked container. All controlled substance training samples shall be returned to the Roseville Police Department Property Room upon the conclusion of the controlled substance’s useful life.
Date: 11/1/2018
Approved by Chief Rick Mathwig
164 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 309 Vehicle Pursuits
I. Purpose and Scope The purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against an officer’s duty to apprehend violators of the law.
II. Policy It is the policy of the Roseville Police Department to engage in motor vehicle pursuits only when the necessity of the immediate apprehension outweighs the level of danger created by the pursuit. The safety of all persons involved in or by a police pursuit is of primary importance. The seriousness of the offense must continually be balanced against public safety in determining whether or not to continue the pursuit. 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.
The department expects officers to terminate their involvement whenever the risk to their own safety or the safety of others outweighs the danger to the community if the offenders are not apprehended. No officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicle pursuit due to the risk involved.
III. Statutory Definition Minnesota Statute § 609.487, “Fleeing a Peace Officer in a Motor Vehicle" states the term "flee" means to increase speed, extinguish motor vehicle headlights or taillights, refuse to stop the vehicle or use other means with intent to attempt to elude a peace officer following a signal given by any peace officer to the driver of a motor vehicle.
IV. Decision to Initiate a Pursuit The decision to initiate a vehicle pursuit shall be based on the following circumstances: a. When an officer knows or has reasonable grounds to believe the violator has committed or attempted to commit a felony involving the use of force against a person; or, b. If the officer feels the unlawful act and surrounding circumstances justify a pursuit. The decision to pursue rests solely upon the individual officer.
V. Factors to Consider When Initiating or Continuing a Pursuit The following factors shall be considered in deciding whether to initiate or continue a pursuit (Minn. Stat. § 626.8458 Subd. 2(2); Minn. R. § 6700.2701): a. Seriousness of the known or reasonably suspected crime and its relationship to community safety. b. The apparent need for immediate capture against the risks to officers, innocent motorists and others. c. The suspect’s identity is known and there is minimal risk in allowing the suspect to be apprehended at a later time.
165 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
d. 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. e. Speed reached during a pursuit and the impact on public safety, officer safety and the safety of the occupants of the fleeing vehicle. f. Pursuing officer's familiarity with the area of the pursuit and the driving capabilities of the pursuing officers under the conditions of the pursuit. g. Weather, traffic and road conditions. h. Performance capabilities of the vehicles involved in the pursuit. i. Passengers in the pursued vehicle. j. Availability of other resources such as aircraft assistance.
Due to the inherent risks involved in pursuing motorcycles, as well as the limited intervention options, officers should only initiate pursuits of motorcycles when the suspect poses a serious threat to public safety or has committed a violent felony offense.
VI. When to Terminate a Pursuit Pursuits should be discontinued whenever the totality of the circumstances indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks of the suspect's escape. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists, themselves and the public when deciding to continue a pursuit. The decision to abandon the pursuit may be the most intelligent course of action to take. A pursuit shall be terminated under any of the following circumstances. a. The pursuit unreasonably endangers the lives and/or property of the officer and/or the public. b. Weather, road or geographical conditions indicate that a continued pursuit would be futile. c. The offense is non-life threatening and the identity of the violator is known. d. 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. e. The distance between primary pursuit vehicle and violator is so great that further pursuit is futile. f. The primary unit loses visual contact with the violator for an extended period of time. g. Equipment failures of the primary unit occur when not assisted by a secondary unit. h. When directed to terminate the pursuit by a supervisor.
Upon terminating of the pursuit an officer shall immediately notify the dispatcher of the time and location of the termination.
VII. Pursuit Units Pursuit units should be limited to three vehicles; a primary unit and two back-up units. An officer or supervisor may request additional assistance if it appears that the number of officers would be insufficient to safely arrest the suspect(s). If more assistance is requested, the amount of assistance will be determined by:
166 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. The nature of the offense. b. The number of suspects. c. Other clear and articulate facts that would warrant the increased hazard.
Under no circumstances will an officer initiate or become involved in a pursuit while a prisoner, crime victim, or other transported subject is in the pursuit vehicle.
VIII. Unmarked Units Officers operating unmarked vehicles (provided the vehicle is equipped with emergency lights and siren) may engage in high speed pursuit only when the fleeing vehicle presents an immediate and direct threat to personal safety. Whenever a marked vehicle becomes available to take over the pursuit, the unmarked vehicle will withdraw from active pursuit.
Vehicles not equipped with red lights and a siren are prohibited from initiating or joining in any pursuit. Whenever practical, distinctively marked patrol vehicles should replace unmarked vehicles involved in a pursuit.
IX. Responsibilities of the Primary Unit The primary responsibility of the officer initiating the pursuit is the apprehension of the suspect(s) without unreasonable danger to him/herself or other persons. The officer shall activate both red lights and siren when pursuing another vehicle (Minn. Stat. § 169.17).
The primary unit should notify dispatch that a pursuit has been initiated and request emergency radio traffic. The primary unit shall be responsible for broadcasting the progress of the pursuit until relieved by a secondary unit. As soon as practicable, the primary unit will provide information including, but not limited to: a. Police unit identification. b. Location, speed and direction of travel. c. Description of the fleeing vehicle, including license number, if known. d. Reason for the pursuit, including known laws violated. e. Number of occupants. f. Weather, road and traffic conditions. g. Information concerning existence of any known weapons, the use of firearms, threat of force, injuries, hostages or other unusual hazards. h. Request for medical assistance for any person injured in the course of the pursuit.
The initiating or primary unit shall be in field command and shall bear operational responsibilities for the pursuit and decisions made during the pursuit unless relieved of such command by the Duty Sergeant or other designated supervisor.
The primary unit may maintain pursuit as long as it is safe to do so, or until directed to terminate the pursuit by the Duty Sergeant or other designated supervisor, or until the suspect is stopped.
The primary pursuit officer is responsible for the arrest of the suspect when/if the suspect is
167 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
apprehended. Whenever possible, the primary pursuit squad should give their exact location after stopping the suspect and before leaving the squad vehicle. In order to reduce the possibility of injury to the officer as well as the suspect, all pursuit stops will be conducted as high risk stops.
X. Responsibilities of Secondary Units Secondary units in the pursuit are responsible for the following: a. Immediately notifying dispatch of entry into the pursuit. b. Remaining at a safe distance behind the primary unit unless directed to assume the role of primary officer. c. Broadcasting the progress of the pursuit. d. If the primary unit becomes disabled, the first assisting unit will become the primary unit. The second assisting unit will become the back-up. The dispatcher will advise the Duty Sergeant and other units that a new back-up unit is needed and the next unit to join the pursuit will be designated the back-up unit. e. There shall be no attempt by officers to pass the primary pursuit unit unless such action is requested by the primary unit or a supervisor.
XI. Responsibilities of Supervisors The Sergeant or On-Duty Supervisor will be responsible for the following: a. Notify dispatch of supervisory presence and monitoring of the pursuit. b. To order the termination of the pursuit when, in their judgement, a factor or combination of factors exist which expose participants or innocent bystanders to undue hazards. c. To ask the primary unit to re-evaluate the need for pursuit (i.e., have circumstances changed). d. To order an additional squad or squads to participate in the pursuit if they feel that it is necessary. e. To order a road block when it is felt the level of danger created by the possible escape of the suspect(s) involved merits one. f. Exercise management and control of the pursuit even if not engaged in it. g. Ensure that no more than the number of required law enforcement units needed are involved in the pursuit. h. Ensure that aircraft assistance is requested, if available.
The Shift Supervisor has the final responsibility for the coordination, control, and termination of a pursuit and shall be in overall command.
XII. Responsibilities of Remaining On-Duty Units All on-duty units, other than the primary and assisting units, should remain aware of the direction and progress of the pursuit, but shall not actively participate unless specifically authorized to do so. Officers not involved in the pursuit are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and
168 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
pedestrian traffic to protect the public.
XIII. Communications and Responsibilities of the Communication Center If the pursuit is confined within Roseville, radio communication will be conducted on the primary dispatch channel unless otherwise directed by a Supervisor or Dispatcher. If the pursuit leaves or is anticipated to leave the jurisdiction, involved units should request to switch to an emergency channel accessible by neighboring agencies. The Communications Center will be responsible for the following: a. Clear radio channel of any unnecessary traffic and advise all other units that a pursuit is in progress, providing all relevant information. b. Notify the immediate supervisor of the pursuit, advising them of the relevant facts of the pursuit. c. Perform relevant record and motor vehicle checks. d. Control all radio communication during the pursuit. e. Coordinate assistance under the direction of the primary unit officer or the Duty Sergeant. f. Continue to monitor the pursuit until it has been terminated and document the location and time of termination of the pursuit. g. Notify any jurisdiction which might become involved in assisting, such as the State Highway Patrol, St. Paul Police, or Ramsey County Sheriff, and specifying whether the notification is a request for assistance or merely a courtesy notification.
XIV. Air support and/or Tracking Services (GPS) During Pursuits When available, aircraft assistance should be requested. When a fleeing vehicle comes under the surveillance of an air unit, or is being monitored by a tracking service using GPS (i.e., “On- Star”), the primary and support units in the pursuit shall discontinue the pursuit and shift their focus to strategically apprehending the violator(s) once they stop and are provided with the stop location by air support and/or the GPS service.
A supervisor may increase the level of involvement by ground units when circumstances warrant, such as continued driving by the fleeing suspect that is imminently threatening lives, the suspicion of a violent crime committed by the driver and/or vehicle occupant(s), or a lack of effective communication with the air unit or GPS service provider and the ground units.
XV. Inter-Jurisdictional Pursuits Officers shall not become involved in another agency's pursuit unless specifically authorized to do so by the Duty Sergeant. In these instances, all departmental pursuit policies are in effect.
Assistance to a pursuing outside 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 outside agency including, but not
169 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
limited to, scene control, coordination and completion of supplemental reports and any other assistance requested or needed.
XVI. Pursuit Driving Tactics Even though an officer is legally engaged in a pursuit, they not relieved of the duty to drive with "due regard" for the safety of all persons, nor are they protected from the consequences of disregarding the safety of others. Units involved in a pursuit will space themselves from other involved vehicles so they are able to see and avoid hazards or react safety to the actions of the fleeing vehicle.
As a general rule, officers should not pursue a vehicle driving the wrong way on a roadway, highway or freeway. In the event that the pursued vehicle does so, officers should maintain visual contact by paralleling on the correct side of the roadway.
Officers involved in a pursuit should not attempt to pass other units unless they are requested to do so by the primary unit.
XVII. Pursuit Intervention Technique (PIT) A primary concern in all pursuits is safety of the public. As a result, it is essential all pursuits are quickly terminated. Once an officer has reasonably determined a subject is starting to flee, the officer should immediately seek and use opportunities to end the pursuit with PIT. Early, proper use of PIT will accomplish the twin goals of safety to the public and arrest of the subject. It is appropriate to use PIT at any time in a pursuit when it can successfully shorten the pursuit and reduce risk to the public.
Prior to attempting a PIT maneuver officers should consider the circumstances and conditions presented at the time, including the potential for risk of injury to officers, the public, and occupants of the pursued vehicle.
Officers will utilize PIT consistent with their training. The PIT may only be used by officers training in this technique. Officers shall articulate the reason(s) for PIT and the factor(s) present which indicated the use of PIT in the appropriate Offense or Supplemental Report.
XVIII. Stop Sticks Stop sticks are a useful tool that may be used to aid in terminating a pursuit. Officers using stop sticks shall report the details of the “Use of Force” in their report. The following steps and guidelines are to be considered: a. Officers must be trained in the use of stop sticks before using them. b. Officers with stop sticks will try to anticipate the route of the fleeing suspect in order to deploy stop sticks. c. Stop sticks will not be used for suspects fleeing on a motorcycle. d. Officers should use cover when deploying stop sticks. e. Communicate with pursuing officers of the deployment of the stop sticks. f. When it is safe to do so, remove the stop sticks from the roadway.
170 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XIX. Roadblocks The use of a road block must be authorized by the Duty Sergeant or designated supervisor. Generally, a road block will be employed only as a last resort and should be directly associated with the seriousness of the crime for which the suspect is wanted. The road block must be clearly visible and provide adequate warning to allow vehicles to come to a safe stop. The roadway shall not be completely blocked unless the use of deadly force has been authorized.
XX. Ramming Ramming, heading off, driving along side of, or passing the pursued vehicle should be restricted to violators who are suspected of committing forcible felonies involving death or life threatening injury. These tactics should be used only as a last resort and must be authorized by the Duty Sergeant.
XXI. Use of Firearms The use of firearms to disable a pursued vehicle is not authorized. Officers should not utilize firearms during a pursuit unless the conditions and circumstances authorizing the use of deadly force are met.
XXII. Rendering Aid Any time an injury occurs during the course of a pursuit and there are two pursuing vehicles, one of the assisting pursuit vehicles shall stop and render assistance to the injured. If there is only one pursuing vehicle, it shall immediately terminate the pursuit and render assistance to the injured. Rendering assistance includes: a. Calling an ambulance. b. Rendering first aid until such time as the officers are no longer needed at the injury scene; c. Summoning additional units to the injury scene for assistance with injured persons and/or traffic control.
XXIII. Pursuit Follow-Up Responsibilities All officers who engage in a pursuit shall complete a Roseville Police Pursuit Report Form, along with other required reports. If a Pursuit Intervention Technique or any other force was used during the incident, officers shall complete a Response to Resistance.
The Duty Sergeant during the pursuit will review and evaluate the pursuit with all officers involved and submit the Pursuit Report Form report(s) to the Chief, Deputy Chief, and Operations Lieutenant by the next working day.
Following any pursuit, the officer’s direct supervisor will review the pursuit for compliance with Roseville Police policy by a thorough review of all reports and available media, including squad and body camera recordings.
XXIV. Training In accordance with POST Board requirements, all officers shall be given initial and periodic
171 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
training in the department’s pursuit policy, safe emergency vehicle driving tactics, and pursuit intervention techniques (Minn. Stat. § 626.8458).
XXV. Policy Review The Deputy Chief or a designee will conduct an annual, documented analysis of agency pursuits and present findings to the Chief. This policy shall be reviewed and certified to the state annually that it complies with requirements of any new or revised model policy adopted by the state (Minn. Stat. § 626.8458 Subd. 3).
XXVI. Accountability These procedures are based upon recognition of the basic need for pursuit under certain circumstances. Great reliance is placed upon the individual officer's common sense, experience and training. All members involved in vehicular pursuits are accountable for their actions and decisions.
Date: 11/1/2018
Updated: 1/1/2019
Approved by Chief Rick Mathwig
172 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 310 Search and Seizure
I. Purpose and Scope This policy provides guidelines for Roseville Police Department personnel to consider when dealing with search and seizure issues. Both the Federal and State Constitutions provide every individual the right to be free from unreasonable searches and seizures.
II. Policy The Roseville Police Department respects the fundamental privacy rights of individuals. Officers will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with federal and state law governing the seizure of persons and property.
III. Searches The Fourth Amendment to the United States Constitution protects people from unreasonable search and seizures and is the basis for all restrictions on searches and seizures by the police.
Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each officer is expected to act according to current training and case law. Officers are encouraged to contact a supervisor to resolve questions prior to electing a course of action. The general rule is that a search of a person, place or thing cannot be conducted without a validly obtained search warrant, except in exigent circumstances. Examples of law enforcement activities that are exceptions to the general warrant requirement include: a. Valid consent. b. Incident to a lawful arrest. c. Legitimate community caretaking interests. d. Vehicle searches under certain circumstances. e. Exigent circumstances.
IV. Search Protocol Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines apply whenever circumstances and safety considerations reasonably permit: 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 shall 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. 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.
173 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. When the person to be searched is of the opposite sex of the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When that is not practical, the following guidelines should be followed: i. Another officer or a supervisor should witness the search. ii. 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.
Date: 1/1/2019
Approved by Chief Rick Mathwig
174 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 311 Patrol Standard Operating Procedures
I. Purpose and Scope This policy sets forth the expectations for daily patrol operations and creates a common understanding of the patrol function.
II. Policy Patrol operations are the most visible aspect of police department services and often provide the only face-to-face contact citizens have with the police or representatives of the City of Roseville. Our service must be effective, efficient, and provided equally to all persons. Some variations in patrol operation will occur depending on needs and circumstances. Understanding and following standard operating procedures, as set forth in this policy, will lead to maximum consistency and efficiency in patrol services.
Patrol sergeants are responsible for street activity during their shifts and may adjust these procedures as they deem necessary to accomplish the department's mission.
III. Police in the Community Sergeants and officers are encouraged to spend time out of their squads visiting with citizens, explaining police-community interdependence and partnership in public safety efforts.
IV. Patrol Function Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas, respond to calls for assistance, act as a deterrent to crime, enforce state and local laws, and respond to emergencies 24 hours per day, 7 days per week. Patrol will generally provide the following services within the limits of available resources: a. Patrol directed towards 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 and community presentations. c. Response to routine and emergency calls for service. 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 the department, as well as other government agencies. h. Traffic direction and control.
V. District Cars and Area Integrity Officers are assigned to districts throughout the city. Assignments are made to evenly distribute police resources throughout the city to allow for efficient and effective police
175 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
response. District cars should remain in respective districts at all times, except during shift change, when approved police duties take them out of assigned districts, or when the sergeant has given permission. Officers are not to remain at the police department, except as required for roll call and police business. Officers shall not “run in” or respond to out-of- city calls, unless approved by a supervisor. Sergeants are responsible for maintaining area and district integrity and directing officer activities in the area of assignment or as assigned to address community needs.
VI. Radio Procedure When any on-duty officer receives an emergency radio call and is a good distance from the destination of the call, the officer must give their location so others who are closer to the destination may respond. Car-to-car channels may be used to help coordinate response in such cases.
VII. Clearing Calls Officers should return to service as soon as possible after completion of a call. When feasible, reports should be written in public view to create a police presence and crime deterrent. Reports should be completed and submitted to the supervisor as soon as possible prior to the end of the shift so the supervisor can review and approve or return to the officer for correction.
VIII. Field Interviews a. A field interview is the stopping and questioning of a person by an officer because the officer: i. Has reasonable suspicion the subject may have committed, may be committing, or may be about to commit a crime. ii. Believes the subject may be a hazard. iii. Believes the interview may have a preventive effect. b. Procedures: i. An officer may, in certain circumstances and in an appropriate manner, approach a person to investigate possible criminal behavior even though there is not probable cause to make an arrest. ii. On grounds short of arrest, a police officer may stop a person under suspicious circumstances and ask the person's name and reason for being in the area. If the person refuses to answer, the police officer must evaluate whether valid grounds for arrest exist and proceed accordingly. If not, the officer should record the incident for possible future use and let the person go their way. iii. An officer confronted with suspicious circumstances may make inquiries of an investigative nature without first giving the Miranda Warnings, based upon the officer's level of experience. iv. If an arrest is made, the officer must be able to articulate the conditions that aroused suspicion.
176 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
IX. Emergency Notifications a. Medical Examiner/Coroner: The death of any person, exclusive of one under the care of an attending physician, will be investigated. A report will be made identifying the deceased (where possible) and indicating the circumstances surrounding the death, the position of the body, relevant medical history when known, the identity of anyone in attendance at the time of death, medical intervention employed and by whom, and any other pertinent information. The Medical Examiner will be notified by an officer as soon as possible. See Death Investigation Policy for additional guidance. In the case of a death by a criminal act, the officer should remain at the scene until a Detective and/or appropriate crime scene specialists arrive. In the case of any other death, the officer should remain at the scene until funeral home personnel have been contacted to remove the body. b. Public Utilities: Any loss or significant diminution of utility service will be reported to the appropriate utility vendor through Dispatch. Utility notification is appropriate for, but not limited to: power outages, downed telephone or power lines, gas leaks, and shorts or sparks in electrical equipment. c. Street/Highway Department: Officers should report to the appropriate government agency via Dispatch any of the following circumstances: road defects or hazards, traffic signal malfunctions, absence of or damage to regulatory signs, water main breaks, drifting snow, especially icy areas, flooding, and oil or chemical spills. Officers are encouraged to report any chronic road problems or traffic impediments that may require engineering or equipment modifications. d. News Media: The Sergeant may notify the news media to inform the public about unusual traffic situations that necessitate detours or significant delays or where the need for special caution is indicated. The media may also be notified to warn the public about imminent danger generated by criminal activity, industrial or other accidents, and natural calamities such as tornadoes. Any other information for the media must be reviewed and released in accordance with the Public Information and Media Relations Policy.
X. Vehicle Lockouts Except in emergency situations involving health and welfare (e.g., a child or animal in a vehicle), the Roseville Police Department will not open vehicles with keys locked inside. Officers and office staff will inform callers that Dispatch has a list of private businesses that will unlock vehicles.
XI. Noise Complaints The Roseville City Code sets forth general regulations concerning the prohibition of excessive noise in the community. Complaints of such occurrences will be investigated and dealt with in accordance with the regulations involved. These contacts should result in voluntary compliance, when possible.
Due to the nature of the problem, officers will be called to make the initial decision as to the
177 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
validity of the complaint. If voluntary compliance is not achieved, a citation or citations will be issued. When it is not possible to determine the extent of the problem or whether a violation of City Code has taken place, additional information may be gathered by contacting the City Attorney, the City's Code Enforcement Department, or the Minnesota Pollution Control Agency. a. Code Enforcement Department Responsibilities During Normal Business Hours i. Loading and unloading ii. Loudspeakers iii. Air conditioners iv. Domestic power equipment v. Refuse-handling vi. Construction activities b. Police Responsibilities During Normal Business Hours i. General noise complaints ii. Horns iii. Exhaust iv. Defective vehicles v. Radios vi. Noisy parties vii. Animals viii. Schools and churches ix. Recreation vehicles including snowmobiles c. After hours, all complaints will be handled by the Police Department, with follow up to the appropriate city department.
XII. On-Scene Supervisory Presence Occasionally, sergeants are expected to respond to calls to observe officers in action for evaluation purposes. The presence of a Duty Sergeant is required in the following circumstances: a. Any natural disaster, such as tornado or flood, that causes widespread disruption. b. An officer injury requiring medical attention. c. Department vehicle accidents. d. Officer weapon discharges, other than authorized discharges for purposes of training or destroying an injured animal. e. Any major incident in which the coordination and assignment of personnel becomes necessary. f. Suspicious deaths.
Date: 1/1/2019
Approved by Chief Rick Mathwig
178 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 312 Officer Response to Calls
I. Purpose and Scope Emergency vehicle operations are an integral part of law enforcement’s commitment to public safety. This policy provides for the safe and appropriate response to all emergency and non-emergency situations (Minn. Stat. § 626.8458, Subd. 1). This policy also provides guidelines for operating a department vehicle without headlights and taillights while functioning as a peace officer.
II. Policy The Roseville Police Department requires that police vehicles be safely operated. No task, call, or incident justifies an unreasonable disregard for the public’s safety.
III. Responding to Emergency Calls Officers responding to an emergency call shall proceed immediately as appropriate. Officers responding to an emergency call shall sound the siren and display at least one lighted red light to the front of the vehicle. Whenever practical, during an emergency call response, the officer should continuously operate emergency lighting equipment and sound the siren (Minn. Stat. § 169.03 et seq.; Minn. Stat. § 169.17).
Responding with a red light, emergency lighting, and/or siren does not relieve the operator of an authorized vehicle of the duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of their reckless disregard for the safety of others. The use of any other warning equipment without emergency lights and siren does not provide an exemption under Minnesota law (Minn. Stat. § 169.17).
Officers should only respond with a red light, emergency lights, and/or siren when so dispatched or when circumstances reasonably indicate an emergency response is appropriate. Officers not responding with a red light, emergency lights, and/or siren shall observe all traffic laws.
IV. Lighting Exemption of Law Enforcement Vehicles a. An officer may operate a vehicle without lights as otherwise required while performing law enforcement duties. The officer must reasonably believe that operating the vehicle without lights is necessary to investigate a criminal violation or suspected criminal violation. This violation may be of state laws, rules or orders, or local laws, ordinances or regulations. The operation of a vehicle without lights must be consistent with the standards adopted by Minnesota Peace Officer Standards and Training Board (Minn. Stat. § 169.541). b. A peace officer may not operate a vehicle without lights in a manner contrary to Minnesota Statute § 169.541 under conditions of limited or reduced visibility as defined in Minnesota Statute 84.87, 84.928, 169.48 and 169.65 and 86B.511: i. On an interstate highway.
179 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. At speeds greater than what is reasonable and prudent under existing weather, road, and traffic conditions. iii. Faster than the posted speed limit. iv. When the peace officer is actively pursuing a motor vehicle in violation of Minnesota Statute 609.487. v. When any written policy or procedure established by the Roseville Police Chief prohibits such operation. vi. When a police vehicle is in motion and attempting to clock, overtake, or stop a suspected petty misdemeanor traffic violator. c. Operation of a police vehicle without lights may be done only by licensed police officers and only in the performance of the officer’s law enforcement duties. The officer must reasonably believe that operating a police vehicle without lights is necessary under the circumstances. Operation without lights is permitted: i. To enter an area undetected. ii. For investigative purposes. iii. When following a suspect violator at a safe distance.
V. Requesting Emergency Assistance Requests for emergency assistance should be limited to those situations where the involved personnel reasonably believe that there is an imminent threat to the safety of officers or assistance is needed to prevent imminent serious harm to a citizen. Where a situation has stabilized and emergency response is not required, the requesting officer shall promptly notify dispatch. 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.
VI. Number of Units Participating Normally, only those units reasonably necessary should respond to an emergency as an emergency call response. The shift supervisor should monitor all emergency responses and reduce or enhance the response as warranted.
Responsibility of Responding Officers Officers shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. During a response, officers may (Minn. Stat. § 169.03 and Minn. Stat. § 169.17): a. Proceed cautiously past a red or stop signal or stop sign, but only after slowing down and utilizing a red light or siren as may be necessary for safe operation. b. Exceed any speed limits, provided this does not endanger life or property. c. Disregard regulations governing direction of movement or turning in specified directions as authorized by law.
180 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
d. Disregard regulations governing parking or standing when using a warning lamp.
The decision to continue an emergency call 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 red lights and siren and proceed at the legal speed limit. In such an event, the officer should immediately notify dispatch. An officer shall also discontinue an emergency call response when directed by a supervisor or as otherwise appropriate. Upon determining that an emergency call response is appropriate, officers shall immediately give the location from which they are responding.
When emergency vehicles are on the scene of an emergency and pose any hazard, or when the vehicle operators seek exemption to park, stop or stand contrary to any law or ordinance pursuant to Minn. Stat. § 169.541, adequate warning lights shall be operated whenever practicable.
VII. Supervisory Responsibilities Upon being notified that an emergency response has been initiated, the Duty Sergeant 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. c. Affected outside jurisdictions are being notified as practicable.
Whenever practicable, the 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 the circumstances require additional units to be assigned an emergency response, the supervisor may do so. The supervisor is responsible for terminating an emergency response believed to be inappropriate.
When making the decision to authorize an emergency call response, the supervisor should consider the type of call or crime, the necessity of a timely response, traffic and roadway conditions, and the location of the responding units.
VIII. Failure of Emergency Equipment If the emergency equipment on the vehicle fails to operate, the officer must terminate the emergency call response and respond accordingly. The officer shall notify the on- duty supervisor or dispatch of the equipment failure so that another unit may be assigned to the emergency response.
IX. Training The Deputy Chief shall ensure the frequency and content of emergency vehicle operations
181 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
training meets or exceeds that required by law (Minn. Stat. § 626.8458).
Date: 1/1/2019
Approved by Chief Rick Mathwig
182 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 313 Agency Jurisdiction and Mutual Aid 1
I. Purpose and Scope The purpose of this policy is to define the jurisdictional boundaries of the Roseville Police Department and to establish clear emergency procedures for requesting aid from external agencies.
II. Policy It is the policy of this department to ensure understanding of jurisdiction limits, both geographical and pursuant to law or agreement, and to clearly outline procedures for the orderly transfer of people and resources under mutual aid agreements and during general emergency conditions assistance.
III. Geographical Boundaries The Roseville Police Department boundaries are contiguous with those of the City of Roseville. The City is bounded on the north by West County Road D, on the east by Rice Street, on the south by Larpenteur Avenue to Hamline Avenue, then by Roselawn Avenue from Hamline Avenue to Pleasant Street, then by Ryan Avenue from Pleasant Street to Highcrest Road, and on the west by Highcrest Road. Detailed maps are available throughout the Department and on the city’s website.
IV. Overlapping Jurisdictions The City of Roseville is situated entirely within Ramsey County, and shares concurrent jurisdiction only with the Ramsey County Sheriff’s Department. Routine activities of the Sheriff’s Department within the City of Roseville are limited to patrolling county-owned County Parks, at Lake Josephine and McCarron’s Lake beaches and water patrol. Roseville officers respond to these locations, if requested, as an assisting agency.
Portions of Interstate Highway I-35W and State Highways 36 and 280 are also within the boundaries of the City of Roseville. Roseville officers are generally advised of calls on those highways and will respond unless subsequently advised by the Dispatcher that the State Patrol is in route to the scene. The State Patrol may request Roseville officers handle the call.
V. Mutual Aid Agreements In June 1986, the Roseville City Council approved Resolution No. 7907, “...Authorizing Dispatch and Use of City Equipment and Services by City Manager in Emergency Situations.” The same resolution was approved by approximately 58 other Metropolitan Area cities and counties. The Resolution authorizes, “...the City Manager or a designee to exercise discretion, considering at all times and in each case the internal needs of the City of
1 Procedural Note: Roseville City Council Resolution Number 11435 dated 08/28/17 mandates this policy cannot be changed absent Roseville City Council Authority.
183 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Roseville and its inhabitants, to dispatch City equipment and personnel as deemed necessary...” for emergencies inside and outside City limits.
The City Manager has designated the Chief of Police to make determinations with regard to requesting and providing mutual aid. As a practical matter, the Duty Sergeant will authorize routine mutual aid (such as back-up assists to other agencies). The Duty Sergeant should use discretion in determining whether the Chief of Police or Operations Lieutenant should be contacted for mutual aid authorization. The Chief, in turn, will use discretion in contacting the City Manager in the case of significant emergencies.
Any officer may ask the Duty Sergeant for mutual aid or for authorization to provide mutual aid. The Dispatcher will coordinate communications between agencies. Officers providing mutual aid will report to the commanding officer of the requesting jurisdiction. Both the receiving and providing agencies will continue to assume responsibility for “...compensation of [its own] personnel, rental of equipment, liability insurance coverage, workers’ compensation insurance and all other safeguards and matters pertaining to the City, its equipment and personnel...” in accordance with the Resolution. Special or additional costs may be determined after the incident on a case-by-case basis.
VI. Assisting Outside Agencies Generally, calls for assistance from other agencies are receive via radio transmission and are routed to the Duty Sergeant for approval. Any such response to assist an outside agency may be considered for authorization, regardless of whether an agreement for reciprocal aid under Minn. Stat. 626.76 subd. 1 exists.
When another law enforcement agency request assistance from this department, this shift supervisor may authorize, if available, an appropriate number of personnel to assist. Members are reminded that their actions when rendering assistance must conform with applicable laws and be consistent with the policies of this department.
Officer may respond to a request for emergency assistance; however, they shall notify a supervisor of their activity as soon as practicable.
Arrestees may be temporarily detained by this department until arrangements for transportation are made by the outside agency. Only in exceptional circumstances, and subject to supervisor approval, will this department provide transportation of arrestees to other facilities on behalf of another agency. When transportation assistance is rendered, a report shall be prepared and submitted by the handling member.
VII. Initiated Activity Any on-duty officer who engages in law enforcement activities of any type that are not part of a mutual aid request and take place outside the jurisdiction of the Roseville Police Department shall notify his/her supervisor as soon as practicable. This requirement does
184 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
not apply to special enforcement duties or multi-agency units that regularly work in multiple jurisdictions.
VIII. State or Federal Law Enforcement Procedures for requesting National Guard or Federal Law Enforcement services are set forth in Policy Unusual Occurrences/Emergency Management.
Immigrations and Customs Enforcement (ICE): Federal law does not authorize the Roseville Police Department to enforce federal immigration laws. As such, employees shall not inquire about a person’s immigration status unless it is directly related to a criminal investigation.
Members of the department are authorized to assist ICE when it is related to scene safety and/or the safety of ICE employees as they perform their duties. Members of the department are authorized to cooperate with a task force involving ICE agents as long as the focus of the task force is not immigration enforcement.
Members of the department will cooperate with ICE as specifically mandated by federal and state laws.
Date: 1/1/2019
Approved by Chief Rick Mathwig
185 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 314 Recording Police Activity
I. Purpose and Scope This policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this department. In addition, this policy provides guidelines for situations where the recordings may be evidence.
II. Policy The Roseville Police Department recognizes the right of persons to lawfully record members of this department who are performing their official duties. Members of this department will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully.
Officers should exercise restraint and not resort to highly discretionary arrests for offenses such as interference, failure to comply, or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties.
III. Recording Law Enforcement Activity Persons who wish to record law enforcement activities are only limited in certain aspects: a. Recordings may be made from any public or any private property where the individual has the legal right to be. b. Individuals may not interfere with the law enforcement activity. Examples include tampering with a witness or suspect, including others to violate the law, and/or being so close to present a clear safety hazard. c. The individual may not present an undue safety risk to the officers, themselves, or others.
IV. Officer Response Officers should promptly request a supervisor respond to a scene whenever it appears that recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practical, officers should wait for a supervisor to arrive before seizing any camera or recording device.
Whenever practicable, officers or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or behavior to be unlawful. Clear directions on what an individual can do to be compliant should accompany the warning; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, an officer could advise the person that they may continue observing and recording from the sidewalk across the street.
186 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Supervisor Responsibilities A supervisor should be summoned to any incident in which an individual recording police activity is likely going to be arrested or when recording equipment may be seized without a warrant or lawful consent. The supervisor should: a. Request any additional assistance as needed to ensure a safe environment. b. Take a lead role in communicating with individuals who are observing or recording regarding any appropriate limitations on their location or behavior. c. When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior. d. Ensure that any enforcement, seizure, or other actions are consistent with this policy and constitutional and state law. e. Explain alternatives for individuals who wish to express concern about the conduct of department members, such as how and where to file a complaint.
VI. Seizing Recordings as Evidence Recording devices and media that are seized will be submitted within the guidelines of the Property and Evidence Policy. Officers should not seize recording devices or media unless (42 USC § 2000a): a. There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person. b. Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording. c. There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person. d. The person consents. To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner. If the original recording is provided, a copy of the recording should be provided to the recording party, if practicable.
Date: 1/1/2019
Approved by Chief Rick Mathwig
187 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 315 Prisoner Transportation
I. Purpose and Scope This policy establishes uniform procedures for the safe and efficient transportation of prisoners.
II. Policy The Roseville Police Department recognizes its moral and legal responsibility for the humane treatment of arrested persons. The department also recognizes its responsibility to the community with respect to transporting prisoners and will take reasonable precautions to secure and safely transport prisoners and prevent their escape.
III. Persons Authorized to Transport Normally, only licensed peace officers will be permitted to transport prisoners. With approval of the supervisor, reserve officers, cadets, and community service officers who have completed training for transports may transport prisoners deemed to be non- threatening. They may use only handcuff restraints.
IV. Prisoner Pre-Transport Searches The transport provider is responsible for the safety and custody of the prisoner being transported. It must be assumed that the prisoner may have had an opportunity to obtain contraband or a weapon prior to the time of transport. It should never be assumed that someone else has searched the prisoner. Prisoners will be searched each time they come into a transport provider's custody. If a same sex search is not possible, a witness should stand by during the search.
The search will include determination of the contents of all pockets, clothing articles, purses, and baggage. Purses and baggage will be kept in the driver's compartment or trunk of the squad car and will not be left in the prisoner compartment of the vehicle with the prisoner. Any inordinate amounts of property will be propertied at the Roseville Police Department and not transported with prisoner.
V. Non-Prisoner Transports Whenever civilian non-prisoner personnel are transported in a department vehicle to provide a public assist or for other non-criminal matters, the transport provider should ask permission to conduct a frisk or pat-down search for weapons, solely for officer-safety purposes. The transport provider should inform the citizen that the search is for safety purposes only, and refusal to submit to such a search may warrant the provider's refusal to transport. Purses and baggage will be kept in the driver's compartment or trunk of the squad car and will not be left in the prisoner compartment.
188 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VI. Search of Transport Vehicles When using a department vehicle to transport a prisoner, it is the transport provider's responsibility to inspect that vehicle before and after each transport to ensure that weapons or contraband are not present. All contraband or property seized from a transport vehicle will be itemized and inventoried and placed in an evidence locker.
VII. Safety of Transport Provider For safety reasons, prisoners must remain under observation at all times and opportunities for escape or attack must be reduced as much as possible. A barrier-equipped vehicle will be used for transporting prisoners; the prisoner will be secured in the right rear seat beyond access to the transport provider or control of the vehicle. Ordinarily, prisoners will be handcuffed, with hands placed behind their backs, prior to being placed into the transport vehicle.
All marked patrol vehicles will have barriers located between the front and rear seat compartments and will be used as primary vehicles for transports. Patrol vehicles will have the rear window controls and door handles disabled. Electric door locks, if present, will only be operated from the driver's compartment. If a non-barrier equipped vehicle is used for transport, prisoners should be secured in the right rear seat so that they cannot reasonably become a hazard to the operator. The transport provider will utilize additional personnel as necessary to ensure prisoner supervision and prevention of escape.
VIII. Continued Observation Required The transport provider has the primary responsibility for the safe delivery of the prisoner(s) and will maintain visual contact with the prisoner(s) with the following exceptions: a. When there is grave and imminent danger to third parties, and assistance can be rendered with a minimum of danger to the prisoner, the transporting officer may interrupt a transport to render police service. Any such interruption will require that the officer notify dispatch regarding their location and the nature of the activity. Officers should use extreme caution in these situations, since the perceived incident may in fact be a ruse for the prisoner to escape. b. Ordinarily, opposite-sex prisoners will not be allowed to use toilet facilities during transport from the point of arrest to the booking point.
IX. Meal Breaks On rare occasions, a prisoner may be transported a distance that requires a meal break. The selection of a meal stop should be random to preclude any conspired act to effect the escape of the prisoner. Whenever possible, two escort personnel (including the driver) should be used in this situation. Drive-through facilities should be utilized when possible.
X. Prisoner Communications during Transport As a safety precaution, a prisoner being transported to or from custodial facilities will not be
189 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
allowed to communicate with others. Persons requesting such communication may be given the following information: a. The destination of the prisoner. b. The availability or lack of visitor facilities at the destination. c. Whether the prisoner will have access to a telephone at the destination. d. Any other information pertinent to the prisoner’s ability to communicate at the destination.
XI. Transport to Facilities Prisoners without physical or mental impairments will be handcuffed during transports. In most cases, prisoners will be handcuffed behind the back. Outer garments, purses and other containers will be searched thoroughly for weapons. Situations for hand-cuffing persons in front may include: a. Sick or elderly persons arrested for minor offenses. b. Persons who are temporarily incapacitated, such as a serious wound to the arms or hands, or a woman in advanced stages of pregnancy. c. Prisoners with deformed arms or hands. d. Prisoners in long-term transport situations, such as extraditions.
Prisoners may not be handcuffed to any part of the vehicle while being transported. The officer’s service weapon will be secured in either the trunk of the police car or a suitable gun locker, prior to entering the destination facility with the prisoner. Handcuffs may not be removed until the prisoner is in the custody of the receiving facility personnel. Transport providers will comply with the rules of the accepting facility. Appropriate paperwork will be given to the receiving officer at the accepting facility.
XII. Prisoner Escape from Transport Within City Limits If a prisoner escapes while being transported within the Roseville city limits, the transport provider will: a. Immediately notify dispatch and provide the location of the escape, the prisoner’s last direction of travel, what the prisoner is in custody for, if the prisoner is a danger to the public, and a complete physical description. b. Make every effort to locate and return the prisoner to custody immediately, if it is safe and practical to do so. c. Notify the Duty Sergeant. d. Request any additional personnel and coordinate their placement and activates through the Duty Sergeant. e. Request that dispatch notify surrounding agencies. f. Document the escape and outcome in the incident report. If the prisoner is recaptured, process the prisoner on escape charges.
190 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XIII. Prisoner Escape from Transport Outside City Limits If a prisoner escapes while being transported outside the city's jurisdiction, the transport provider will: a. Immediately notify dispatch and provide the same information described above. b. Notify the jurisdiction where the escape took place using their primary radio frequency (if available) or the statewide radio frequency, and request aid. c. Make every effort to locate and return the prisoner to custody immediately if it is safe and practical to do so. d. Notify the Duty Sergeant. e. Assist the jurisdiction in which the escape took place by providing all information concerning the escapee including descriptions, reason for in-custody status and possible destinations. f. Prepare any necessary reports requested by such jurisdiction.
XIV. Prisoner Transport to Medical Facilities An officer will accompany any prisoner transported to or from a medical care facility for examination or treatment. The officer will attempt to maintain visual contact with the prisoner while following good security practices. The officer should evaluate the security risk of the prisoner based on criminal background, the nature of the offense, the prisoner's physical condition, observed actions and statements made. Officers may have to accompany a security-risk prisoner in an ambulance during transport, or may accompany a non-security risk prisoner by following the ambulance in a separate vehicle.
XV. Prisoner Admission to a Medical Facility When possible, prisoners should be transported to Regions Hospital. The following rules will apply: a. If it is determined the prisoner should be admitted, the transport provider will advise the Duty Sergeant and sheriff's deputy at the hospital. b. Extreme caution will be taken to ensure that the prisoner is isolated from other patients and is not left unattended or permitted to escape the immediate control of the transport provider. c. The transport provider will not leave a prisoner at the medical facility until private security personnel arrive, relief is provided by another officer, or when instructed to do so by a supervisor. d. The transport provider will remove prisoner restraints only when necessary and requested by the medical staff.
XVI. Restraining Devices The following guidelines will apply to restraining devices used during the transport of prisoners. a. Only approved restraining devices should be utilized during prisoner transports. b. When transporting more than one prisoner, it is permissible to handcuff both prisoners in front with arms intertwined. It is not permissible to handcuff any prisoner to any part
191 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
of the transport vehicle. When a prisoner is to be transported over a period of several hours, the prisoner may be handcuffed with hands to the front and secured in the back seat with a seat belt. c. Certain prisoners, such as those on drugs, can be violent and disruptive. The transport provider may use any approved restraining device to prevent injury to either the Provider or prisoner. The use of unusual restraint devices/tactics in the transporting of an individual should be documented. d. A sick or injured prisoner in custody for a violent crime must be able to be handcuffed if transported in a police vehicle. If transported by ambulance, such prisoner will be restrained on a gurney or back-board as securely as possible, consistent with his/her injuries. e. A sick or injured prisoner will be transported in a police vehicle only after a paramedic unit has examined the prisoner and determined it safe to do so. The decision to restrain a sick or injured prisoner is left to the arresting officer. In making such a decision, the officer should consider the following: i. Safety of the officer and the prisoner. ii. Nature of offense, circumstances surrounding the capture of the prisoner and the prisoner's reaction to same. iii. Prisoner's current and past demeanor. iv. Past criminal history of the prisoner and potential sentence for the current offense. v. Possibility of the prisoner injuring themselves.
XVII. Transporting Opposite-Sex Prisoners When transporting persons of the opposite sex, the transport provider will notify the dispatcher of the start location, destination, and present mileage (to the nearest 1/10th mile) and will again notify the dispatcher upon arrival at the destination and the mileage upon arrival.
XVIII. Transporting Disabled Prisoners Physically and mentally disabled prisoners present transportation conditions that require special care and attention. For example, the type of vehicle used would be a consideration when transporting non-ambulatory prisoners or those requiring wheelchairs, crutches or prosthetic appliances. a. Physical Restraints: Reasonable physical restraint will be applied at the discretion of the transport provider. It should not be assumed that restraining devices are not required on disabled prisoners. A prisoner in a wheelchair or one who uses walking aids may not require the use of restraining devices in all instances; however, every precaution should be taken to ensure the safety of the transport provider, the prisoner and the general public. Any restraining devices used should not interfere with prisoner's ability to balance or protect themselves during transport. b. Arrangements Upon Arrival: Prior to transporting a disabled prisoner to a custodial facility, the transport provider should contact that facility and advise them of the
192 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
prisoner's condition so that special arrangements may be made prior to the prisoner's arrival. Wheelchairs or crutches may be transported in the police vehicle, but will not be placed in the portion of the vehicle used to confine the prisoner. c. Alternate Vehicles: If a prisoner is disabled to an extent that the arresting officer feels the prisoner cannot be safely transported in a police vehicle, the officer will contact the Duty Sergeant to coordinate one of the following: i. If a full booking procedure is not absolutely necessary, the prisoner will be processed and released in the field. ii. The prisoner may be transported to a booking or holding facility by ambulance. Any prisoner in custody for a criminal offense who is transported in an ambulance must be accompanied in the ambulance by an officer if the officer judges the person to be a security risk or there is the possibility of a dying declaration.
XIX. Transporting Sick or Injured Prisoners Any prisoner complaining of sickness or injury or who, in the judgment of the arresting officer appears to be sick or injured, will be treated as follows: a. Paramedics to be called: An ambulance will be called to the prisoner's location. If recommended by the paramedics, the prisoner will be transported to an approved medical facility. b. Ambulance Transport: The sick or injured prisoner will be transported to a medical care facility by the ambulance. If the prisoner is in custody for a criminal offense, an officer will accompany the prisoner in the ambulance if the officer judges the person to be a security risk or there is the possibility of a dying declaration. c. Police Vehicle Transport: A police vehicle may be used for transporting sick or injured prisoners if, in the opinion of the paramedics, appropriate restraints can be used in the police vehicle. d. Written Reports Required: A written report will be made regarding any medical attention or first aid given to a prisoner, including the dates, times, places and names of the providers. The report will be filed with the case report.
XX. Prohibited Transports Under no circumstances, other than a court order, will members of this department provide transportation of prisoners to: a. Attend funerals. b. Visit ill persons. c. Attend the reading of a will. d. Any other personal activity.
XXI. Transport Equipment a. Vehicle Safety Barriers: Each marked patrol vehicle used to transport prisoners will be equipped with a safety barrier to prevent the prisoner from having access to the driver's compartment. The safety barrier will be constructed of heavy-gauge metal and/or
193 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
heavy-gauge clear plastic. Barriers will not unduly impede conversation between driver and prisoner. b. Transport Vehicle Modifications: To minimize opportunities for prisoners to exit from the rear compartment without the aid of an officer, vehicles used for prisoner transport will have the rear window controls and door handles disabled. Door release locks will be operable only from the front compartment; once unlocked, rear compartment doors will be able to be opened only from the outside of the vehicle. c. Safety Belts: Whether civilian, non-prisoner and/or prisoner, all persons will be seat- belted during a transport. The department recognizes there will be rare instances when seat-belting a person could prove to be difficult and/or dangerous. In those instances, the transporting officer will transport the person and later document the reason why this person wasn’t safety-belted.
XXII. Transportation Documentation To the extent possible, officers will identify prisoners through driver's licenses or other available methods. All relevant information regarding prisoners and charges will be given to the booking/receiving officers to include: the most reliable means available to identify the prisoner, completed booking forms, and notification to the prisoner of property kept and how to get the property back if it is not needed as evidence.
Arresting officers and transport providers must ensure that prisoners transported to other facilities have proper documentation concerning their physical and mental conditions, as well as any tendencies to be an escape or security risk. The arresting officer or transport provider will complete the Authority to Detain form provided by the Ramsey County Sheriff’s Office, including, if relevant, the section regarding special information about the prisoner.
Date: 1/1/2019
Approved by Chief Rick Mathwig
194 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 316 Temporary Detention of Adults
I. Purpose and Scope This policy provides guidelines to address the health and safety of adults taken into temporary custody by members of the Roseville Police Department for processing prior to being released or transferred to another facility.
II. Policy The Roseville Police Department is committed to releasing adults from temporary custody as soon as reasonably practicable and keeps adults safe while in temporary custody at the department. Adults should be in temporary custody only as long as reasonably necessary for investigation, processing, transfer, or release. All agency staff with responsibility for detainees in temporary custody will comply with this policy.
III. Duration The Roseville Police Department is a Level IV Municipal Holding Facility. No adult should be in temporary custody for longer than four hours (Minn. R. 2945.0100; Minn. R. 2945.0120). The start and end times of temporary detention will be noted on the log sheets and in no case will continuous temporary detention exceed four hours.
IV. Individuals Who Should Not Be in Temporary Custody Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the Roseville Police Department, but should be transported to a jail facility, a medical facility, or other type of facility as appropriate. Such individuals include: a. Any individual who is unconscious or has been unconscious while taken into custody or while being transported. b. Any individual who has a medical condition, including pregnancy, or who may require medical attention, supervision or medication while in temporary custody. c. Any individual who is seriously injured. d. Individuals who are a suspected suicide risk. If the officer taking custody of an individual believes they may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release or a transfer to an appropriate facility is completed. e. Individuals who are obviously in crisis. f. Individuals who are under the influence of alcohol, a controlled substance or any other substance to the degree that may require medical attention, or who have ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated. g. Any individual who has exhibited extremely violent or continuously violent behavior. h. Any individual who has claimed, is known to be afflicted with, or displays symptoms of any communicable disease that poses an exposure risk. i. Any individual with a prosthetic or orthopedic device where removal of the device would be injurious to their health or safety.
195 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Officers taking custody of a person who exhibits any of the above conditions should notify a supervisor of the situation. These individuals should not be in temporary custody at the department unless they have been evaluated by an appropriate qualified medical or mental health professional.
V. Supervision in Temporary Custody An authorized department member shall be present at all times when an individual is held in temporary custody. The member responsible for supervising should not have other duties that could conflict with their supervision. Any individual in custody must be able to summon the supervising member if needed. If the person in custody is deaf or hard of hearing or cannot speak, appropriate accommodations shall be made.
VI. Holding Cells Officers will conduct a thorough inspection of a cell before placing an individual into the cell to ensure there are no weapons or contraband and that the cell is clean and sanitary. An inspection also should be conducted when the prisoner is released. Any damage should be photographed and documented. The following requirements shall apply: a. The individual shall be searched and anything that could create a security or suicide risk such as contraband, hazardous items, belts, shoes or shoelaces and jackets, shall be removed. b. The individual shall regularly be monitored during the entire custody. Safety checks shall be completed no less than every 30 minutes. i. The safety check should involve questioning the individual as to his/her well- being. ii. Individuals who are sleeping or apparently sleeping should be awakened. iii. Requests or concerns of the individual should be logged or documented. c. The individual shall have constant auditory access to department members. d. Access to water and restrooms will be provided in a timely manner. e. In the case of fire or other emergency, the detainee should be evacuated.
VII. Screening and Placement The officer responsible for an individual in custody shall: a. Ensure males and females are kept in separate rooms and will not be comingled within a temporary holding room. b. Advise the supervisor of any significant risks presented by the individual. c. Consider whether the individual may be at a high risk of being sexually abused based on all available information or whether the person is facing any other identified risk. d. Ensure individuals are separated according to severity of the crime (e.g., felony or misdemeanor). e. Ensure restrained individuals are not placed in cells with unrestrained individuals. f. Ensure separation, as appropriate, based on other factors, such as age, criminal sophistication, assaultive/non-assaultive behavior, mental state, disabilities and sexual
196 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
orientation.
VIII. Personal Property The officer taking an adult in custody shall ensure a thorough search of the adult’s property is made and all property is removed, especially those items that could compromise safety, such as pens, pencils, and belts. The personal property should be placed in a property bag. The property should be kept in a monitored or secure location until the adult is released from custody.
IX. Assigned Administrator The Deputy Chief will ensure any reasonably necessary supplemental procedures are in place to address building and safety code compliance, including general security, key control, sanitation, maintenance, medical treatment, and evacuation plans.
Date: 1/1/2019
Approved by Chief Rick Mathwig
197 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 317 Temporary Custody of Juveniles
I. Purpose and Scope This policy provides guideline for members of the Roseville Police Department to address the health and safety of juveniles in temporary custody prior to release or transfer to another facility. This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Roseville Police Department (42 USC § 5633; Minn. Stat. § 260B.176; Minn. Stat. § 260C.176).
II. Policy The Roseville Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release.
III. Juveniles Who Should Not Be Held Juveniles who exhibit any of the following conditions should not be held at the Roseville Police Department: a. Any juvenile who is unconscious or has been unconscious while being taken into custody or transported. b. Any individual who has a medical condition, including pregnancy, or who may require medical attention, supervision, or medication while in temporary custody. c. Any individual who is seriously injured. d. Individuals who are a suspected suicide risk. If the officer taking custody of an individual believes they may be a suicide risk, the officer shall directly supervisor the individual until evaluation, release, or a transfer to an appropriate facility is completed. e. Individuals who are obviously in crisis. f. Individuals who are under the influence of alcohol, a controlled substance, or any substance to the degree that may require medical attention, or who have ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated.
Officers taking custody of a juvenile who exhibits any of the above conditions should notify a supervisor. These individuals should not be in temporary custody at the department unless they have been evaluated by a qualified medical and/or mental health professional. If an officer believes the juveniles may be a suicide risk, the juvenile shall be under continuous direct supervision until evaluation, release, or transfer.
IV. Custody of Juveniles Officers should take custody of a juvenile and temporarily hold the juvenile at the Roseville Police Department when there is no other lawful and practicable alternative to temporary custody. No juvenile should be held in temporary custody without authorization of the
198 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
arresting officer's supervisor.
Any juvenile taken into custody shall be released to the juvenile’s parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable. In no event shall a juvenile be held beyond six hours from the time of entry into the Roseville Police Department (42 USC § 5633).
V. Custody of Juvenile Non-Offenders Non-offenders taken into protective custody should generally not be held at the Roseville Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible (Minn. Stat. § 260B.175; Minn. Stat. § 260C.143; Minn. Stat. § 260C.176). Juvenile non-offenders may not be held in secure custody (42 USC § 5633).
VI. School Notifications Minnesota law (Minn. Stat. § 260B.171 Subd. 5 (e)) requires the Chief of Police or designee notify the Superintendent or designee of a juvenile's school of an incident occurring within our jurisdiction if: a. There is probable cause to believe a juvenile has committed an offense that would be a crime if committed as an adult, that the victim is a student or staff member, and the notice is reasonably necessary for the protection of the victim. b. For certain serious crimes regardless of whether the victim is a student or staff member. The department is not required to notify the school if that notice would jeopardize an ongoing investigation.
VII. Truancy Violations Juveniles detained for truancy violations may be released to a truancy service center, released to the superintendent or teacher at their school of enrollment, or released to a parent or legal guardian (Minn. Stat. § 260C.143; Minn. Stat. § 260A.04 Subd. 3).
VIII. Juvenile Status Offenders Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders may not be held in secure custody (42 USC § 5633). Status offenders transported to the department will be placed in an interview room or other room that provides privacy, but is not locked. The record will be documented on the log sheet.
IX. Custody of Juvenile Offenders Juvenile offenders should be held in non-secure custody while at the Roseville Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances. Generally juvenile offenders may be taken into custody under the authority of Minn. Stat. § 260B.175 when a court order authorizes the custody, when the
199 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
juvenile has committed an offense that would warrant the arrest of an adult or it is reasonably believed that the child has violated the terms of probation, parole or other field supervision.
An officer who takes a juvenile offender of any age or gender into custody or could take the juvenile into custody under Minn. Stat. § 260B.175 is authorized to perform a protective pat-down search of the juvenile offender in order to protect the officer’s safety (Minn. Stat. § 260B.175 Subd. 4).
The parent, guardian, or custodian shall be notified as soon as possible when a juvenile offender is taken into custody. Juvenile offenders shall be released to the custody of a parent, guardian, custodian, or other suitable person unless there is reason to believe that the juvenile would (Minn. Stat. § 260B.176): a. Not return for a court hearing. b. Endanger him/herself or others. c. Not return for a court hearing. d. Run away from or otherwise not remain in the care or control of his/her parent, guardian, or custodian. e. Face immediate endangerment to their health or welfare.
If a juvenile offender is not released to a parent, guardian, custodian or other suitable person, the officer taking the juvenile offender into custody shall notify the court as soon as possible of the detention of the juvenile and the reasons for detention (Minn. Stat. § 260B.176).
X. Interviewing or Interrogating Juvenile Suspects Minnesota allows juveniles who have been taken into custody, to be interviewed if they understand their Miranda Warning rights. Factors to consider are: a. The individual's age. b. The individual's level of intelligence. c. Whether the individual has had previous contact with the criminal justice system or police.
It is the officer's responsibility to ensure that juveniles understand their rights and knowingly waive them prior to the officer taking a custodial statement. Even if a juvenile consents to an interview, if the court determines that the circumstances were coercive, the statement will be suppressed. For this reason, officers need to be aware of the coercive nature of multiple officers, exposed weapons, whether the door is closed/locked, length of the interview, etc. These considerations must be carefully considered prior to an interview and the circumstances must be documented in the report.
200 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XI. Parental Notification of Custodial Interview Parents must be notified before a custodial interview if: a. The juvenile does not understand the Miranda warning. b. The juvenile requests their parent or guardian be present.
XII. Advisements A juvenile taken into custody on a warrant and their parent, guardian or custodian, if present, shall immediately be informed of the existence of the warrant for immediate custody and, as soon as practicable, why the juvenile is being taken into custody (Minnesota Rules of Juvenile Delinquency Procedure 4.03, Subd. 10).
If it is determined that a juvenile taken into custody is going to be placed into a secure detention facility or shelter care, the officer shall advise both the juvenile and the juvenile’s parent, guardian, or custodian as soon as possible (Minn. Stat. § 260B.176 Subd. 3; Minn. Stat. § 260C.176 Subd. 3): a. Of the reasons for custody and placement. b. Of the location of the facility unless there is reason to believe that disclosure would place the juvenile’s health and welfare in immediate endangerment. If so, the disclosure shall not be made (Minn. Stat. § 260B.176 Subd. 5). c. The juvenile’s parent, guardian, or custodian and attorney or guardian ad litem may make an initial visit to the facility at any time. Subsequent visits may also be made when reasonable. d. The juvenile may telephone parents and an attorney or guardian ad litem immediately after being admitted to the facility and thereafter on a reasonable basis. e. The juvenile may not be detained for acts under Minn. Stat. § 260B.007 Subd. 6 for longer than 36 hours excluding weekends and holidays unless a petition has been filed pursuant to Minn. Stat. § 260B.178. f. The juvenile may not be detained under Minn. Stat. § 260C.175 Subd. 1, clause (1) or (2), item (ii) longer than 72 hours at a shelter care facility excluding weekends and holidays unless a petition has been filed pursuant to Minn. Stat. § 260C.178. g. The juvenile may not be detained for acts under Minn. Stat. § 260B.007 Subd. 6 for longer than 24 hours in an adult jail or municipal lockup excluding weekends and holidays or longer than six hours if the adult jail or municipal lockup is a standard metropolitan statistical area, unless a petition has been filed pursuant to Minn. Stat. § 260B.178 and a motion made to refer the juvenile for adult prosecution. h. Of the date, time and place of the detention hearing, if this information is available. i. The juvenile and the juvenile’s parent, guardian or custodian have the right to be present and to be represented by counsel at the detention hearing and that if they cannot afford counsel it will be appointed at public expense.
XIII. Juvenile Custody Logs Any time a juvenile is held in custody at the department, the custody shall be promptly and properly documented in the juvenile custody log, including:
201 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Identifying information about the juvenile being held. b. Date and time of arrival and release from the Roseville Police Department. c. Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender, or non-offender. d. Time of all welfare checks. e. Any medical and other screening requested and completed. f. Circumstances that justify any secure custody
XIV. No-Contact Requirements Sight and sound separation shall be maintained between all juveniles and adults while in custody at the department (42 USC § 5633). There should also be sight and sound separation between non-offenders and juvenile or status offenders.
When brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Roseville Police Department shall maintain a constant, immediate presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact.
XV. Temporary Custody Requirements Members and supervisors assigned to monitor or process any juvenile at the Roseville Police Department shall ensure the following: a. The supervisor should be notified if it is anticipated that a juvenile may need to remain at the department more than four hours. This will enable the supervisor to ensure no juvenile is held at the Roseville Police Department more than six hours. b. A staff member of the same sex shall supervise personal hygiene activities and care such as changing clothing or using the restroom without direct observation to allow for privacy. c. Personal visual checks and significant incidents/activities shall be noted in the log. d. Juveniles shall have reasonable access to toilets and wash basins. e. Food should be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including accommodation of any special diet required for the health of the juvenile. f. Juveniles shall have reasonable access to a drinking fountain or water. g. Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way. h. Juveniles should have privacy during family, guardian and/or lawyer visits. i. Juveniles should be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody. j. Blankets should be provided as necessary. k. Adequate shelter, heat, light, and ventilation should be provided without compromising security or enabling escape.
202 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
l. Juveniles shall have adequate furnishings including suitable chairs or benches. m. Juveniles shall have the right to the same number of telephone calls as an adult in custody. n. No discipline may be administered to any juvenile nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse.
XVI. Use of Restraint Devices Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Roseville Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening. Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse.
XVII. Personal Property The officer taking custody of a juvenile offender or status offender at the Roseville Police Department shall ensure a thorough search of the juvenile’s property is made and all property is removed from the juvenile especially those items that could compromise safety, such as pens, pencils and belts.
The personal property of a juvenile should be placed in a property bag. The property should be kept in a monitored or secure location until the juvenile is released from custody.
XVIII. Secure Custody Only juvenile offenders 14 years of age or older may be placed in secure custody. Supervisor approval is required before placing a juvenile offender in secure custody. Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm themselves or others.
Date: 1/1/2019
Approved by Chief Rick Mathwig
203 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 318 Custodial Searches
I. Purpose and Scope This policy provides guidance regarding the searches of people in custody.
II. Policy All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy, and hygiene and to protect the rights of those subject to search.
III. Field Searches An officer should conduct a custodial search of an individual immediately after arrest, when receiving an individual from the custody of another, and before transporting a person in any department vehicle who is in custody. Whenever practicable, a custody search should be conducted by an officer of the same sex as the person being searched.
IV. Searches at Police Facilities Custody searches shall be conducted on all individuals in custody, upon entry to the Roseville Police Department facilities. When practicable, the search should be conducted by a member of the same sex as the individual being searched.
V. Strip Searches No individual shall be subjected to a strip search unless there is reasonable suspicion based upon specific and articulable facts to believe the individual has a health condition requiring medical attention or is concealing a weapon or contraband. Strip searches shall be conducted as follows: a. Authorization from the supervisor shall be obtained prior to the search. b. Only members of the same sex as the prisoner will be present. c. All strip searches shall be conducted in a professional manner under sanitary conditions. d. The search will be conducted in a strictly private area. e. Officers conducting a strip search shall not touch the breasts, buttocks or genitalia of the individual being searched. f. A report shall be written about every strip search and contain: the reason(s) why the search was conducted; the names of all persons present during the search; the exact location where the search took place; and what (if anything) was found and disposition of same. g. A strip search may be conducted in the field only with supervisor authorization and only in exceptional circumstances, such as when there is probable cause to believe that the individual is concealing a weapon or other dangerous item that cannot be recovered by a more limited search. h. In compliance with the Personal Recording Device Policy.
VI. Physical Body Cavity Searches Physical body cavity searches shall be subject to the following:
204 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. No individual shall be subjected to a physical body cavity search without authorization from a supervisor and only upon a search warrant or approval of legal counsel. b. Only a physician may conduct a physical body cavity search. c. Except for the physician conducting the search, any person present must be of the same sex as the individual being searched. Only necessary department members shall be present. d. Privacy requirements, including restricted touching of body parts and sanitary condition requirements, are the same as required for a strip search. e. A report shall be written about every body cavity search and contain: the reason(s) why the search was conducted; the names of all persons present during the search; the exact location where the search took place; and, what (if anything) was found and disposition of same. f. This policy will not preclude the examination of an arrested or detained person’s mouth in a DWI investigation.
Date: 1/1/2019
Approved by Chief Rick Mathwig
205 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 319 Legal Process
I. Purpose and Scope This policy establishes standard procedures for service of legal process by the Roseville Police Department.
II. Policy It is the policy of this department to serve and execute only two types of criminal process documents: search warrants and arrest warrants initiated by the department. Civil process documents in Ramsey County are served by the Ramsey County Sheriff’s Department. Roseville police officers may assist Ramsey County or any other law enforcement agency in the service of any legal process, if requested. All licensed officers will maintain a working knowledge of state statutes and judicial decisions that relate to arrest, search, and seizure. The department will provide the requisite training on procedural changes resulting from new statutes and/or judicial decisions.
III. Service of Criminal Process Criminal process documents will be served and executed only by licensed police officers. Arrests and searches, with or without a warrant, will be conducted in accordance with the Minnesota Rules of Criminal Procedure, Minnesota State Statutes pertaining to arrests, searches and seizures, and departmental policies and procedures.
IV. Recording Legal Process Information The following information will be recorded on each item of legal process, either in the document itself or the accompanying report: a. Date and time received. b. Type of legal process, civil or criminal. c. Nature of document (i.e., search warrant or arrest warrant). d. Source of document (i.e., County Attorney, District Court). e. Name of plaintiff and defendant. f. Officer assigned for service. g. Date of assignment. h. Court docket or/and case number. i. Date service due.
V. Recording Execution or Attempts to Serve Process Documents The following information will be recorded on each item of legal process that officers serve or attempt to serve, either in the document itself or in the accompanying report: a. Date and time service was executed/attempted. b. Name of officer(s) executing/attempting service. c. Name of person on whom legal process was served/executed. d. Method of service/reason for non-service. e. Address of service/attempt.
206 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Search warrants shall be filed in accordance with current court procedures.
VI. Arrest Warrants Roseville arrest warrants are issued by the Ramsey County Attorney (felonies) or the Roseville City Attorney (gross misdemeanors). They are filed with the District Court and the Ramsey County Warrants Division. Arrest warrants are generally served by Ramsey County Sheriff’s Department, but may be served by Roseville officers if there is an immediate need to take the person into custody. Only sworn, licensed peace officers will make a warrant arrest.
All officers and staff will have 24-hour access to warrant information through queries made by Roseville records staff or through the Ramsey County Emergency Communications Center. All warrants will be verified with the originating agency prior to custodial arrest. No arrests will be made solely on the basis of a “hit” through CJIS or NCIC. The officer making the arrest will verify the warrant by having a police records technician or dispatcher confirm the warrant.
VII. Removing Arrest Warrants from CJIS/NCIC Arrest warrants can be removed from the computerized records system only by the originating agency. Roseville warrants are removed when the arresting officer notifies Ramsey County Dispatch which in turn instructs Ramsey County Warrants Division to remove the warrant.
VIII. Search Warrant Service Search warrants may be issued by any court (other than probate) having jurisdiction in the area where the place to be searched is located. Search warrants are typically initiated by the Investigations Division, but may be initiated by Patrol Division, with the approval of the Duty Sergeant. The warrant may be served only by the officers mentioned in the warrant itself; however, the named officer(s) may request assistance in the service.
A search warrant must be executed and returned within ten days after its date to the court that issued it. The warrant is void after this time.
IX. Legal Process in Other Jurisdictions Arrest warrants are enforceable throughout the State of Minnesota and may be served by any law enforcement agency within the state.
The Ramsey County Sheriff's Office enters all Roseville arrest warrants into the State CJIS and national NCIC computer systems. Any law enforcement agency may obtain information on the status of a Roseville warrant through these systems.
207 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Officers of this department serving an arrest or search warrant in another jurisdiction shall notify the Ramsey County Dispatcher who in turn will contact the other jurisdiction. For minor cases, this is simply a courtesy call; for major cases, especially those involving drugs, weapons, a violent individual or individuals, or gangs, the other jurisdiction may be asked to provide officer assistance at the scene.
Date: 1/1/2019
Approved by Chief Rick Mathwig
208 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 320 Communications
I. Purpose and Scope This policy establishes the communications function for the Roseville Police Department.
II. Policy An efficient communication system is critical to any law enforcement agency. This agency uses the best available dispatch service, given budgetary constraints, to satisfy the communication and information needs of the Roseville Police Department and the citizens of Roseville, both in the course of daily activities and during emergencies.
III. Administration The central communication function for the Roseville Police Department is performed by the Ramsey County’s Emergency Communications Center. The center, also referred to as “Dispatch” and provides police, fire, emergency medical service (EMS), animal control, and after-hours street maintenance dispatch services throughout Ramsey County.
All rules and regulations pertaining to the Communication Center are promulgated by Ramsey County. Dispatching procedures are established with input from the Police Communications User Group. The group meets regularly to discuss dispatch issues, establish procedures and resolve disagreements.
IV. FCC Compliance The use of the radio system by agency members shall comply with FCC regulations. Use of the communication center shall be in compliance with FCC regulations.
V. Emergency Call Service The City of Roseville is part of the 24-hour toll free, Minneapolis-St. Paul area-wide 911 computer-enhanced emergency call system. A citizen can dial 911 on any telephone, including pay telephones, to obtain emergency assistance. The caller's location is automatically displayed on a computer screen in the Communications Center and stays on the screen even if the caller hangs up. The center’s telephone system can separate incoming 911 calls from non-emergency calls.
VI. Non-Emergency Call Service The Roseville Police Department also provides 24-hour non-emergency telephone line for citizens in need of assistance. This line rings directly to, and is answered by the Communications Center.
VII. Constant Radio Contact for Officers The Roseville Police Department ensures that on-duty uniformed officers have access to constant radio communication. In addition to all mobile units being equipped with mobile two-way, multi-channel radios, each officer is issued a portable radio. Each officer on duty
209 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
is assigned a call number.
VIII. Dispatch Procedure Ramsey County dispatchers will obtain, and the computer aided dispatch (CAD) system will record relevant information for each call, including written service requests and officer self- initiated activity.
It is important to provide as much information as possible to the dispatcher so that the call can be properly prioritized and responding officers may be adequately prepared to handle the incident. Officers must relay to the Dispatcher their arrival on the scene and clearing code.
For in-progress calls and calls of a serious nature, dispatchers will make every attempt to keep the complainant on the line to give officers updated information while enroute to and upon arrival at the scene of the incident.
IX. Radio Communication to and from the Field Whenever a new patrol crew comes on duty, each officer will be entered into the CAD system by squad number, officer name, and badge number. During their shift, officers shall keep the dispatcher apprised of their status via radio, telephone or Mobile Data Computer (MDC). Communications with other agencies will be through Dispatch or other assigned channels. Dispatchers follow established protocol in notifying Duty Sergeants regarding calls.
X. Access to Criminal Justice Information Systems The department maintains continuous teletype communications with the National Crime Information Center (NCIC) and the Minnesota Criminal Justice Information System (CJIS). The Ramsey County Sheriff’s Communications Center handles communications with these agencies when department office staff is not available.
The department also has 24-hour radio contact with State-wide Emergency and Metro Emergency radio channels, the Roseville Fire Department, Ramsey County Sheriff's Office, and Allina Ambulance Service. Radio contact is primarily through mobile and\or portable radio equipment, with supplemental communications through the Communications Center.
XI. Citizen Calls for Information Dispatch response guidelines to citizen calls for information or service are contained in the Emergency Communications Center SOP manual. These guidelines include: a. Judging characteristics of the call to determine whether an emergency or non- emergency response is required. b. Informing the caller of Roseville Police response, including direct law enforcement service and/or referral to other agencies.
210 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XII. Recorded Calls/Transmissions Through its computer aided dispatch and computerized records system, the Communications Center has the capability for immediate playback of recorded telephone and radio conversations, including 911 calls. Recordings are released by the Communications Supervisor in accordance with the Government Data Practices Act. In general, such recordings are available to law enforcement personnel and to the person who placed the call.
XIII. Emergency Messages To Residents Emergency messages, such as death notifications, will be delivered by sworn personnel when: a. The death or emergency occurs in the City of Roseville. b. A teletype or other communication is received from the jurisdiction in which the death or emergency has taken place requesting this agency's assistance.
The assigned officer will promptly deliver such notification or message upon receipt. If the officer is unable to deliver the notification or message, the task will be reassigned by the Duty Sergeant. Death notifications shall be in-person only. When appropriate and available, a department chaplain may also be notified.
XIV. Private Security Alarms Private security alarms are not monitored by the Roseville Police Department. Alarms for residents and businesses must be called into the Communications Center by a third party. Upon notification of an alarm, squads will be dispatched to the area, a case number assigned, and an incident report completed as with any other request for service.
XV. Routing of Misdirected Emergency Calls Any member of the department receiving a misdirected emergency call will handle such a call by obtaining the following information from the caller and promptly forwarding it to the appropriate agency: a. Nature of the complaint and location. b. Name, address and phone number of complainant. c. Whether medical or fire assistance is necessary.
Date: 1/1/2019
Approved by Chief Rick Mathwig
211 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 321 Bank Alarm Response
I. Purpose and Scope This policy provides law enforcement officers with guidance for responding to and handling alarms at banks and other financial institutions.
II. Policy The key to a safe response to bank alarms is a well-developed plan between financial institutions and law enforcement agencies. This department recognizes danger increases when an armed suspect on the inside of a bank observes either a police vehicle or a uniformed officer on the outside.
III. Dispatcher Responsibilities The dispatcher responsibilities include: a. Notify the financial institution immediately when squads are dispatched to a bank alarm. Ask to talk to a bank officer, preferably the bank security officer, without identifying one’s self as the police. b. Notify responding units and the Sergeant as to the situation inside the financial institution. c. If the situation is reported to be a false alarm, request a bank officer to meet a responding unit, get the location outside the bank where the meeting will take place, and get the name and physical description of the bank officer. Relay this information to the responding unit. d. Be alert to any unusual circumstances and relay to responding units. e. If the robbery is over, determine whether the danger has passed. f. If the robbery is in progress, listen carefully for any background noises.
IV. Responsibility of Police Officers Officers responding to a bank alarm should follow the following guidelines: a. Coordinate the officer’s role with other officers responding to the alarm call. b. Respond without using siren and with the maximum speed that safety allows. c. Conform to the disciplines involved in minimum detection: shut off visabars and reduce speed several blocks prior to the location, prevent the squealing of tires, turn down volume controls. d. Look for a second suspect parked outside the bank or leaving the bank lot. e. Upon arrival at the scene, use invisible deployment tactics. f. Consider parking on an adjacent street or in an adjacent business lot. g. Use extreme caution if it is necessary to drive the squad car into the bank lot. h. Take up a protected position on the perimeter. Total surveillance of most buildings can be accomplished by two people being deployed diagonally on opposite corners of the building’s perimeter. This also reduces the possibility of crossfire. i. Attempt to remain out of the line of vision from the bank’s doors and windows. j. When arriving at the institution, advise other officers on location.
212 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
k. Maintain invisibility while observing the objective. l. Notify the dispatcher to call the financial institution and verify the situation inside. m. If the alarm is false, the dispatcher will request that a bank officer meet the police on the perimeter of the parking lot. Dispatch will communicate to the police the name and physical description of the bank officer and exact location of the meeting. n. Maintain cover and direct the person to give their name, keep their hands visible, and open any outer layers of clothing. o. Do not give up your position of cover until certain that the alarm is false and the danger has passed. p. Advise the Duty Sergeant if notified by dispatch of a confirmed robbery in progress, or if a robbery has occurred and the danger has passed. q. Enter the bank only upon orders from the supervisor, unless it has been established that the danger has subsided and that no emergency exists inside.
V. Responsibilities of Police Supervisors a. Develop Deployment Plans: Confer with subordinates and plan for effective deployment of personnel at each financial institution in the city. b. Verify Proper Deployment: Verify proper deployment of responding officers when a bank alarm is received. c. Coordinate Activities: If the robbery is in progress, coordinate activities and personnel outside the financial institution. If the robbery has already occurred, coordinate activities and personnel inside and outside of the financial institution.
VI. Responsibility of Financial Institutions a. Include training on this policy as part of the institution’s security training program; employees should be aware of the anticipated police response. b. Develop a plan for the institution that will coordinate a safe response with the police. c. Appoint a bank security officer so that information needed by the police dispatcher (false alarm or actual robbery) will be expedited. d. When it becomes clear that the alarm is false, notify the police dispatcher as soon as possible. Give the dispatcher the name and physical description of the bank officer meeting the officer and the exact location on the perimeter of the lot where the meeting will take place.
Date: 1/1/2019
Approved by Chief Rick Mathwig
213 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 322 Collection and Preservation of Evidence
I. Purpose and Scope This policy establishes responsibilities and procedures for the collection and preservation of evidence at crime scenes.
II. Policy Effective crime scene processing is a critical function of the Roseville Police Department in order to sustain its "burden of proof" in the prosecution of criminal cases. This requires information and evidence to be collected through the application of scientific knowledge and methods. Cautious and careful handling and protection of any crime scene is imperative for effective evidence collection. This is particularly important at major crime scenes where a large crime scene may exist, or where evidence is fragile or difficult to identify.
III. Incident Scene Responsibilities Successful police investigations depend on the initial actions taken by patrol officers responding to a given scene. All police officers have a responsibility to actively and skillfully contribute to the crime solving process. Improper protection of the crime scene may result in contamination or loss of physical evidence necessary to resolve the investigation.
IV. Responsibilities of the Responding Officer It is the responsibility of the responding officer to secure and protect the crime scene. The least number of personnel, including police officers, should be permitted into the crime scene. Responsibilities of the responding officer include: a. Officers should assess any emergency medical needs, administer and summon needed aid. Except for activities related to medical aid or to preserve perishable evidence, the scene should be evacuated and controlled until a proper search is organized. If an ambulance or first responder team is on the scene, determine what, if any, alterations were made to the scene, who made them and when. b. Evaluate the scene to determine where boundaries should be established to protect and preserve evidence. c. Secure the scene by use of evidence tape, ropes, barricades, autos, additional officers, and even volunteers from the crowd if necessary. d. Notify supervisor to assess whether/what type of specialized equipment or personnel may be needed. e. Start a log-in sheet with time, date, location and case number to keep track of those entering and leaving the crime scene.
V. Detective Notification and Response The on-duty supervisor should evaluate the scene and determine whether a detective should be contacted; only the supervisor should make this decision, not the officer on the
214 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
scene. Once contacted, the detective, in consultation with the Duty Sergeant, will decide if they are needed at the scene. A detective shall be contacted for each of the following: a. Homicides, suspicious deaths, suicides, suspected Sudden Infant Death Syndrome (SIDS), and unattended deaths where the deceased is not elderly and has no known medical malady which could cause death. b. Arson involving occupied dwellings whether or not injury or death has occurred; c. Break-ins involving robbery, rape or serious physical assault. d. Any case beyond those cited above which, in the supervisor's judgment, requires a detective.
VI. Supervisor Responsibilities a. Ensure the crime scene is secured until a detective arrives, posting a guard if necessary. b. Ensure proper field processing procedures are followed by patrol officers entering the crime scene. c. Determine the need for the BCA. Contact the Investigative Lieutenant to confirm the decision, and make the appropriate contact. (Note: If a detective is called in, the detective should make this determination and the contact.) d. In the case of a major accident, determine the need for an Accident Reconstructionist (State Patrol). If a detective is called in, the detective should make this determination and the contact. e. Determine the need for a Roseville or Ramsey County Crime Scene Team member to respond.
VII. Field Processing Physical evidence processing is done in accordance with Federal Bureau of Investigation guidelines contained in the Handbook of Forensic Science. One copy of the Handbook is posted in the squad room and one is in the department library. All officers, at the direction of their supervisor, and all Detectives, shall comply with the following procedures: a. If BCA is not called to the scene, processing for latent prints, body fluids/dried blood, trace evidence and firearms should be completed. b. Protective gloves shall be worn when handling/collecting body fluids, conducting car searches and executing search warrants which require sorting through a large number of items. Other protective clothing and equipment will be available for emergency use. c. Proper containers must be used to preserve the evidence and prevent cross- contamination. d. Secured refrigerated storage is available at all times for perishable items such as blood and urine specimens. The property room should be notified of any items requiring immediate attention. e. Clandestine drug labs require caution by investigating officers as such labs represent both an explosion and hazardous chemical danger. Labs should be considered an immediate explosion hazard. The lab and area around it should be secured and personnel evacuated to a safe distance as for any explosive device. Vapors from these labs, either during normal operation or in conjunction with fire or explosion, can be
215 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
toxic. The Minnesota State Duty Officer and the Ramsey County Violent Crime Enforcement Team should be notified immediately upon the discovery of a clandestine drug lab. Roseville Fire Department has access to a hazardous materials response unit to assist in these situations. f. Other hazardous wastes/chemicals may not be stored in the department. The Minnesota Pollution Control Agency has an enforcement arm that can help police deal with these materials. The Roseville Fire Department is equipped to deal with some spills of hazardous materials, but any criminal investigation in these matters is a police and PCA responsibility. A reference list of hazardous chemicals and materials is kept in each marked squad car; a copy is also kept in the department. g. Computers have emerged as instrumentalities of criminal activities and caution must be taken by investigating officers not to destroy computer evidence. Computer equipment can be severely damaged or data lost due to improper shut down procedures. The computer could be pre-programmed to erase or destroy data if start-up or shutdown procedures are not followed. Equipment should be examined prior to the collection of evidence.
VIII. Money Storage All money collected and held for criminal or forfeiture proceedings shall be placed in a currency envelope and the label will be completed in its entirety to include the number of denominations. Cash shall be recounted and the amount verified by another employee of the department. The property bag and/or inventory receipt shall be co-signed when cash is involved.
The peace officer conducting the seizure shall provide a copy of the completed property inventory receipt to the property room officer. It is the seizing peace officer’s responsibility to secure the cash consistent with department policy. All money will be packaged separately from other property.
Money which has been secreted in a body cavity and contaminated by bodily fluids shall be packaged in a manner to prevent the spread of contamination. The outer packaging material shall clearly display a biohazard warning.
IX. Crime Scene Processing in Squad Cars Each officer is responsible for seeing that the crime scene processing equipment in their assigned squad is complete and in working order; the officer will take immediate steps to have missing items replaced and malfunctioning items repaired. Additional crime scene equipment is stored in the designated crime scene vehicle.
X. Crime Scene Photography and Video Imaging Officers will photograph all aspects of the crime scene or incident as directed by the supervisor and in accordance with the FBI Handbook of Forensic Science and BCA guidelines. Officers may use digital imaging to create evidentiary photos. Video
216 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
imaging should be done in the case of homicides and suspicious deaths, as directed by the detective or supervisor.
XI. Known Standards and Trace Evidence A significant degree of the value of laboratory examination concerns the identification of substances and comparison of these with materials from known sources. When the following types of physical evidence are collected from a crime scene, a known standard sample will be collected when possible. The locations from which the trace evidence and known standards are collected will be documented in the crime scene investigation report. Examples of physical trace evidence include, blood, hair, fibers, footwear, paint, glass, wood, metal, soil and tool marks. Consideration should always be given to the specific circumstances surrounding the collection of trace evidence/known standards and the possible requirement of a search warrant before collection may be made.
XII. Evidence Handling and Submission to a Forensic Laboratory a. The Detective or On-Duty Supervisor in charge of the crime scene is responsible for determining what evidence should be sent to a forensic laboratory, as well as the proper packaging, marking and documentation of the transfer of such evidence. b. Perishable evidence will be submitted as soon as practical and in accordance with the procedures in the Forensic Handbook. In instances when the laboratory will not accept the evidence due to lack of comparison items from a known source, the evidence will be stored in the Property/Evidence Room pending collection of the appropriate samples. This delay should be noted on the Property and Inventory Report. c. Written records shall be kept to maintain the chain of evidence. The Police Property Sheet shall accompany the evidence in order to maintain the chain of evidence. The records will include the item transferred, time, date and place of transfer, reason for the transfer, name of person delivering and person receiving the evidence. d. Request forms for laboratory analysis are provided by the lab and should be filled out, indicating specific analysis desired.
XIII. Crime Scene Report Requirements Each officer involved in the processing of a crime scene or accident scene shall document his/her actions in their report, giving an accurate record of events that transpired. The Detective or supervisor in charge of the crime scene is responsible for reviewing the individual reports, including the Crime Scene Check-In List, for accuracy and completeness and for seeing that the crime scene investigation report is completed. The report will include, at a minimum, the following: a. Incident description including: i. Date and time of arrival on scene and clear time. ii. Location. iii. Weather conditions. iv. Case number. v. Officers present.
217 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Name of victim(s), if known. c. Name of suspect(s), if known. d. Action taken at the scene: i. Photographs taken (number and by whom). ii. Measurements (of what and by whom). iii. Sketches (of what and by whom). e. Inventory of physical evidence recovered and evidence sent to crime lab. f. Any other information or observations which the reporting officer considers potentially important to the case.
XIV. Processing Latent Prints a. Items that contain latent fingerprints will be packaged in such a manner that external conditions will not destroy existing fingerprints or add others. Such items should be handled with forceps or tongs, or picked up by exerting pressure on neutral/interior surfaces. b. Latent prints should be developed and removed from the surface(s) of items with Department-approved equipment (e.g., dusting powders, brushes, clear and frosted tape, fingerprint cards). c. Wet items bearing latent prints, such as beer cans or glasses, that have condensation on their surfaces, or automobiles covered with rain or dew, should first be allowed to dry under normal conditions. Heat lamps or artificial heat from any source should not be used. d. Visible prints subject to destruction under conditions of normal processing should first be photographed before extraordinary measures are taken to further develop or collect them. e. Should the process of physically lifting a print from a surface of an item subject the print to alteration or destruction, it is recommended that the fingerprint tape be left attached to the item and the print photographed before the item is removed from the scene and processed further. f. Items believed to be covered with latent prints that fail to develop under normal processing methods should be packaged to protect their surfaces in order that a cyanoacrylate fuming or similar process may be applied. g. Whenever latent prints are collected, the report should identify the specific location of each lift. When latent prints are removed from an item and placed on a fingerprint slide the fingerprint slide will contain the following information: i. Officer's initials and badge number. ii. Date. iii. Case Number. iv. Slide number.
XV. Processing and Collecting Body Fluids/Dried Blood a. A clean razor blade should be used to remove dried crusts of blood from an object. New razor blades or scraping implements should be used when the source of the
218 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
bloodstain is believed to have changed. Razor blades or scraping implements used in the collection of bloodstains should be packaged with its respective blood sample. b. Small dry stains that cannot be scraped off may be removed by wiping the surface with a piece of sterile gauze (first aid kits) moistened with distilled water. The gauze or filter paper should be placed in a sterile tube and forwarded for analysis as soon as possible. Whenever possible, a sample of the unstained surface material near the recovered stain should be removed and packaged separately and submitted for analysis with its companion sample. c. Moist blood samples may be collected with an eyedropper and placed in a glass tube. Trace quantities of moist blood, which cannot otherwise be collected, should be left to dry, and then scraped from the surface. d. Blood stained clothing should be folded in such a manner that stains are not transferred to other areas of the garment. A clean piece of non-printed paper should be placed between layers of clothing to prevent cross contamination. Clothing that is wet should be air-dried prior to packaging utilizing large property storage lockers or, if possible, directly into the property room.
XVI. Processing and Collecting Trace Evidence a. Trace evidence is material that because of minute size is easily exchanged through contact or transferred by air current. The clothing of suspects or victims is a prime accumulator of trace evidence and should be collected as soon as possible. b. When collecting clothing from a person, that person should first stand on a piece of clean non-printed paper. As each item is removed, it should be carefully folded and packaged separately. The paper should be folded and submitted for analysis with the collected items. c. Every effort should be made to keep suspect and victim-clothing samples separate from each other in order to prevent cross-contamination. d. Threads, fibers and hairs should be handled with tweezers or forceps. As in the case of most kinds of evidence, control samples should be collected and submitted for comparison. When hair samples are collected from a live victim or suspect, they should be taken from different areas of the body, including the crown, temple, beard, arm, pubic and leg areas. Remember that a search warrant is probably required. e. Threads, fibers and hairs should be packaged in clean dry containers such as envelopes, pill boxes, etc. Envelopes should have all seams and corners sealed with tape to prevent the potential loss of small pieces of evidence. Officers shall place their initials over the tape. A new comb or clean tweezers or scissors should be used to further prevent contamination of samples during the collection process.
XVII. Processing and Collecting Firearms a. Before handling a firearm, the position of hammer, position of slide mechanism (automatic) and position of safety should be noted.
219 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. If handling is required to determine the firearm's condition, it should be picked up by the edge of the trigger guard or textured finish of the handle that would not ordinarily retain an identifiable print. The make, model, serial number, caliber and other descriptive information should be recorded. c. All firearms will be unloaded before packaging unless otherwise directed by a supervisor or detective. When unloading a firearm, the following should be noted: i. The condition of ammunition beneath the firing pin. ii. Position of fired/unfired ammunition. iii. Number of rounds left in the magazine. iv. Whether or not a round is in the chamber. d. Damaged or rusty weapons should be handled with extreme caution. If a gun cannot be checked or unloaded, it should be hand-delivered to the evidence room and clearly marked. No attempt should be made in the field to clean or dry a firearm taken into evidence. Firearms recovered from water should be packaged in that same water to prevent the development of rust and/or loss of prints. e. Firearms retained for evidence purposes should be placed in a firearms evidence box and marked as any other piece of evidence.
XVIII. Processing and Collecting DNA The Minnesota Bureau of Criminal Apprehension will analyze items that are foreign to the scene for DNA (i.e. tools, gloves, pop cans, etc.). Items that could contain both DNA and fingerprints, should usually be swabbed for DNA before fingerprinting. In some cases, one may have to be chosen since swabbing for DNA could destroy fingerprints and fingerprinting may destroy DNA.
Date: 1/1/2019
Approved by Chief Rick Mathwig
220 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 323 Traffic Enforcement and Direction
I. Purpose and Scope This policy establishes guidelines for general traffic enforcement.
II. Policy The ultimate goal of traffic law enforcement is to reduce traffic collisions. General traffic enforcement provides for a safe community environment and is the responsibility of all patrol officers. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in collision situations, but also in terms of traffic-related needs. Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed.
The traffic enforcement objectives of the department are to reduce traffic collisions, fatalities and injuries, and to facilitate the safe and expeditious flow of vehicular and pedestrian traffic. The department seeks to achieve these objectives through voluntary compliance by motorists, using a combination of education, enforcement, engineering, and public support. Officers will take appropriate enforcement action in a firm, fair, impartial manner.
III. Patrol Officer Responsibilities All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of collision-causing violations during periods of high-collision incidence and at locations of occurrence. All officers will take directed enforcement action on request and random enforcement action when appropriate. Officers should maintain high visibility while working general enforcement, especially at high-collision incidence locations. Other factors to be considered are citizen requests, construction zones, or special events.
IV. Supervisory Responsibilities The Operations Lieutenant, or designee, is responsible for coordination, analysis, planning, and annual evaluation of the agency's selective enforcement activities. Patrol sergeants are responsible for the general traffic enforcement function and for the implementation of selective traffic enforcement.
The Operations Lieutenant, or designee, will be responsible for selective traffic enforcement activities and will coordinate commercial vehicle inspections, oversee the speed boards and coordinate any focused details. The Operations Lieutenant will coordinate community educational information programs and will function as the police liaison for community- related traffic concerns.
Duty Sergeants are expected to deploy personnel and equipment to areas having the greatest concentration of traffic-related calls for service and collisions based in part on the following criteria:
221 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Problem areas as identified in the traffic analysis. b. Areas identified in written or oral complaints. c. School zones during appropriate times. d. Other areas identified by agency supervisors.
V. Traffic Enforcement This department does not establish ticket quotas and the number of citations issued by any officer shall not be used when evaluating officer performance (Minn. Stat. § 169.985; Minn. Stat. § 299D.08). The visibility and quality of an officer’s work effort will be commensurate with the philosophy of this policy.
VI. Warnings Warnings or other non-punitive enforcement actions should be considered when circumstances warrant. Verbal warnings may be appropriate for minor violations or newly enacted legislation.
VII. Traffic Citations Traffic citations may be issued when an officer believes it is appropriate, especially in situations where the violation jeopardizes the safe and efficient flow of vehicular and pedestrian traffic. An officer who issues a traffic citation shall ensure that the citation is properly directed to the court having jurisdiction (Minn. Stat. § 169.91 Subd. 3). Ramsey County Court Administration shall be responsible for the development and design of all traffic citations in compliance with state law (Minn. Stat. § 169.99 and Minn. Stat. § 169.999 Subd. 3).
Officers should fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. The officer should provide the following information at a minimum: a. Explain 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. The court contact information. e. If the vehicle is towed, its location and how to retrieve it.
VIII. Custodial Arrests Arrest procedures are established in Minnesota Rules of Criminal Procedure 6.01. Traffic violators who are residents of another state with a reciprocity agreement will be issued a citation and released in the same manner as residents of Minnesota as outlined in Rule 6.01. Custodial arrests are made for serious traffic related cases, including, but not limited to (Minn. Stat. § 169.91): a. Negligent homicide. b. Driving under the influence of alcohol/drugs.
222 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Hit and run resulting in serious injury, death or property damage.
IX. Juveniles Officers will enforce traffic violations against juveniles in a manner similar to adult traffic violators with the following exceptions: a. Petty Misdemeanor Violators: If 16 or 17 years old, a citation is issued and the juvenile will be subject to the laws and court procedures controlling adult traffic violators. If 15 years or younger, a citation is issued. The juvenile court then will notify the violator and parents by mail of an appearance date. b. Misdemeanor Violators: A citation is issued for misdemeanor violations. The juvenile court then will notify the violator and parents by mail of an appearance date. c. Gross Misdemeanor/Felony Violators: The offense is handled by the Juvenile Officer and reports are sent to the County Attorney's Office. Juveniles booked on gross misdemeanors and felonies should be processed for identification.
X. Speeding Enforcement/Radar Officers using other electronic speed measuring devices must have appropriate training to accurately operate the device. All devices are maintained, stored, and operated in the method required by the manufacturer. Minn. § Stat. 169.14, Subd. 10, requires radar operators to: a. Have sufficient training to operate the equipment. b. Testify to the manner in which the radar was set up. c. Testify to the manner in which the radar was operated. d. Operate the unit with minimal interference. e. The unit's calibration must be checked externally and documented.
XI. Traffic Stop Data Collection Initiative The goal of the Ramsey County Traffic Stop Data Collection Initiative is to increase transparency and collect traffic data on every traffic stop. Officers shall document all traffic stops through the CAD system and record the following data for each stop: a. Perceived race of the driver. b. Gender of the driver. c. Whether the driver was searched. d. Whether the vehicle was searched. e. The reason for the traffic stop. f. If the driver was warned or cited.
XII. Driver Re-Examination When an officer has contact with a driver whom the officer has articulable reason to believe should be re-examined, the officer should fill out the Minnesota Department of Public Safety's "Request for Driver's Re-Examination" form. The officer must detail the reason(s) they feel the driver needs to be re-examined.
223 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XIII. Parking Regulations After Snowfall The following procedures will be followed after the accumulation of more than two inches of snow (Roseville City Code 602.09): a. The Street Department will begin plowing after the accumulation of more than two inches of snow. b. The Police Department will begin tagging snowbirds and leaving police tow notices after the accumulation of more than two inches of snow. c. The Duty Sergeant will complete an electronic log of tags issued. A copy of the log is submitted to the snowplow foreman at the end of each shift. A daily copy is submitted to the Operations Lieutenant. d. If snowplow personnel decide a vehicle is creating a plowing problem or traffic hazard, they may request a police tow notice. A police officer will respond to such a request as soon as possible. e. The police department will return to vehicles listed on the snowbird log and have them towed if they have not been moved within the specified time. Tagging and towing will continue until the streets are cleared or the 48-hour time period expires.
XIV. High-Visibility Vests The department has provided American National Standards Institute (ANSI) Class II high-visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery, and equipment (23 CFR 655.601; Minn. R. 5205.0030). 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 member.
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 should be worn include traffic control duties, collision investigations, lane closures and while at disaster scenes, or any time high 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 plain clothes officer might benefit from being readily identified as an officer. All employees shall be issued a high visibility vest and are responsible for the care and maintenance.
XV. Traffic Direction and Control The Patrol Division is responsible for the safe and efficient movement of vehicles and
224 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
pedestrians. The Patrol Division will provide manual traffic control to alleviate traffic congestion. Officers will utilize flares, cones or other portable warning signs when directing traffic at collision locations. Situations that may require manual traffic control include: a. Traffic crash scenes. b. Rush hour traffic. c. Special events. d. Emergency conditions. e. Signal failures. f. Inclement weather. g. Stalled vehicles.
XVI. Manual Operation of Traffic Control Signals Any use of manual controls should be reported to public works or county maintenance as soon as appropriate. At the discretion of the Duty Sergeant, officers may manually operate signal lights under certain circumstances, including: a. Malfunction of the signal. b. Facilitating movement at traffic collisions. c. Thoroughfare for motorcades. d. To alleviate intersection or road congestion.
XVII. Temporary Traffic Control Devices Temporary traffic control devices may be used when traffic signals are inoperable, during special events, or in circumstances deemed necessary by the supervisor or Operations Lieutenant. Special signs, movable barriers, and other portable devices may be requested through public works.
XVIII. Traffic Control for Special Events The Operations Lieutenant or Duty Sergeant will be assigned responsibility for planning traffic control for special events. Special events are those at which a large volume of vehicle or pedestrian traffic is anticipated, such as parades, sporting events, highway construction and maintenance activities or picketing. The primary task of personnel conducting traffic direction and control in support of a special event is the safe and efficient movement of motorists and pedestrians.
XIX. Traffic Escorts The department recognizes that there are legitimate requests for law enforcement escort services to ensure the safe, orderly and efficient movement of special traffic or to expedite delivery of special items. The department will continue to honor such requests to the extent practical, making sure that the escort itself does not create a risk to the public.
XX. Non-Emergency and Scheduled Escorts a. All routine requests for traffic escorts will be reviewed and approved by the Operations Lieutenant or designee. Legitimate requests for scheduled law
225 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
enforcement escort services include, but are not limited to: motorcades and other travel of public officials and dignitaries, oversize vehicles, highway construction and maintenance vehicles, and vehicles with hazardous or unusual cargo. b. When the department elects to honor a request for scheduled escort service, the trip route will be established in advance, as will the maximum speed to be maintained along each segment of the route. c. Point traffic control will be established, as appropriate, at locations along the scheduled route, sufficient to ensure safe passage. d. Tactical control of the escort will be assigned to a specific supervisor or officer, in accordance with the complexity of the escort services being provided. The tactical controller will set the pace of the escort in accordance with prevailing conditions and under no circumstances will exceed the agreed upon maximum speed for any segment of the route. e. The use of patrol vehicle emergency equipment during the escort will be specified in advance by appropriate supervisory or command personnel. f. The use of private escort services for oversize vehicles and hazardous cargo carriers is encouraged. The user contracting for such services is fully responsible for ensuring the safety and adequacy of the provided services.
XXI. Emergency/Unscheduled Escorts Officers will not initiate emergency escorts without first obtaining specific authorization from a supervisor. When applicable, the following guidelines should be followed: a. Emergency vehicles: Emergency vehicles in general and ambulances in particular, will not be escorted by officers except under special circumstances. Two emergency vehicles traveling together significantly increases traffic hazards. One exception would be to escort an emergency vehicle to a medical facility when the driver of the emergency vehicle is not familiar with the location of the facility. Another exception would be when the vehicle's emergency equipment is malfunctioning. In borderline cases or doubtful situations, the decision should be resolved in favor of the escort, but only if the injured or ill person cannot be transferred to another ambulance and if transfer to the police vehicle is not elected. b. Civilian Vehicles: Officers will not escort civilian vehicles in medical emergencies. c. Funeral Escorts: Officers may escort funerals with the authorization of the Chief of Police or a designee.
Date: 1/1/2019
Approved by Chief Rick Mathwig
226 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 324 Traffic Crash Response
I. Purpose and Scope This policy establishes guidelines for responding to and investigating traffic collisions.
II. Policy It is the policy of the Roseville Police Department to respond to traffic crashes and render or summon aid to injured victims as needed. The department will investigate and prepare reports according to the established minimum reporting requirements with the goal of reducing the occurrence of collisions by attempting to identify the cause of the collision and through enforcing applicable laws.
III. Patrol Officer Responsibilities Upon arriving at the scene of a crash, officers should consider and address the following: a. Traffic direction and control. b. Proper placement of emergency vehicles, cones, roadway flares or other devices if available to provide protection for members, the public and the scene. c. First aid for any injured parties if it can be done safely. d. The potential for involvement of hazardous materials. e. The need for additional support as necessary (e.g., traffic control, emergency medical services, fire department, HAZMAT, towed vehicles). f. Use of high visibility outer garments as required by Minn. R. 5205.0030. g. Clearance and cleanup of the roadway.
IV. Supervisory Responsibilities If the incident is within the Roseville jurisdiction, a supervisor should be called to the scene when the incident involves: a. A life-threatening injury. b. A fatality. c. A City vehicle involved. d. A City official or employee involved. e. Involvement of an on- or off-duty member of this department.
When the incident is within another jurisdiction, a supervisor should be notified and/or respond when there is a City of Roseville vehicle involved or involvement of an on-duty member of this department.
V. Investigation When a traffic collision meets minimum reporting requirements, the investigation should include, at a minimum: a. Identification and interview of all involved parties. b. Identification and interview of any witnesses.
227 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. A determination of whether a violation of law has occurred and the appropriate enforcement action. d. Identification and protection of items of apparent evidentiary value. e. Documentation of the incident as necessary (e.g., statements, measurements, photographs, collection of evidence and reporting) on the appropriate forms.
VI. Investigation by Outside Agency The on-duty supervisor should request that the Minnesota Department of Public Safety or other outside law enforcement agency investigate and complete a traffic collision investigation when a life-threatening injury or fatal traffic collision occurs within the jurisdiction of the Roseville Police Department.
VII. State Accident Reports Officers shall utilize forms approved by the Minnesota Department of Public Safety as required for the reporting of traffic collisions (Minn. Stat. § 169.09, Subd. 9). A State Accident Report will be completed for the following: a. All personal injury and fatal crashes. b. Any on-duty member of the City of Roseville is involved. c. The crash results in any damage to any city-owned or leased vehicle. d. The collision involves any other public agency driver or vehicle. e. There is damage to public property. f. Crashes resulting in combined total damage in excess of $1,000. g. Hit and run crashes where the victim is at the scene or has a suspect. h. Any crash where a citation (including impairment due to alcohol or drugs) is issued based on investigation. i. Any crash involving the suspected release or spill of hazardous materials (excluding normal vehicle fluids). j. Prosecution or follow up investigation is contemplated. k. Directed by a supervisor.
VIII. Initial Complaint Report An Initial Complaint (IC) report will be completed in the following situations: a. Hit and run property damage crashes when the victim is no longer at the scene and there are no suspects. b. Property damage crashes under $1,000 damage.
IX. Private Property Generally, reports should not be taken when a traffic collision occurs on private property, unless there is an injury or fatality, damage to public vehicles or property, a hit-and-run violation, involvement of hazardous materials, or other traffic law violation involved. Officers may provide assistance to motorists as a public service, such as exchanging information and arranging for the removal of the vehicles.
228 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
X. Enforcement Action After a thorough investigation in which physical evidence or independent witness statements establish probable cause that a violation of a traffic law contributed to the collision, officers may issue a citation or arrest the offending driver, as appropriate.
More serious violations, such as driving under the influence of drugs or alcohol, vehicular manslaughter, or other felonies shall be enforced. If a driver who is subject to enforcement action is admitted to a hospital, a supervisor and/or detective shall be contacted to determine the best enforcement option.
XI. Commercial Vehicle Collisions Commercial vehicle collisions additionally require notification to the Minnesota State Patrol if the collision results in (Minn. Stat. § 169.783): a. A fatality. b. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the collision. c. One or more vehicles incurring disabling damage as a result of the collision, requiring the vehicle to be transported away from the scene by tow truck or other motor vehicle.
XII. Notification If a traffic collision involves a life-threatening injury or fatality, the responding officer shall notify a supervisor. The supervisor will ensure notification is made to the department command staff and detective. In the event of a life-threatening injury or fatality, the supervisor should ensure notification is made to the victim’s immediate family or coordinate such notification with the medical examiner, department chaplain, or another suitable person. Notification should be made as soon as practicable following positive identification of the victim. The identity of any person seriously injured or deceased in a traffic collision should not be released until notification is made to the victim’s immediate family.
XIII. Extraordinary Circumstances/Morgan Plan During periods of hazardous weather or unusual conditions when the demand for service exceeds the ability to respond effectively, the patrol division may implement a modification of accident reporting procedures as applied to property damage crashes only. This procedure is known as the Morgan Plan, and it will remain in effect only as long as the hazardous weather or unusual condition exists.
The Patrol Shift Supervisor will order the dispatcher to initiate the Morgan Plan for the patrol units based upon: The existence of hazardous weather conditions or crime or disaster conditions which divert a substantial number of patrol units from normal duties. The following procedures shall be followed: a. The dispatcher will make an initial designation of an accident call as a Morgan Plan accident. b. The officer should proceed directly to the accident in a non-emergency manner
229 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Accident packets shall be given to each driver and the officer will not complete any type of report if the following conditions exist: i. No injuries including possible injuries. ii. No suspicion of criminal activity, (i.e., DUI). iii. No obvious violations of any law or ordinance. iv. Drivers are properly licensed. v. Vehicles are licensed and insured. vi. No government or utilities property, vehicles or personnel involved and no damage to property for which no owner can be contacted. d. The officer should facilitate a driver exchange of information. The officer should inform the drivers that the packet contains the necessary report forms advising them of their responsibilities. They should also be informed that if the total damage exceeds the mandatory reporting limit, then they must, according to law, submit a report of the accident to the state. e. Officers should make sure the area is clear and safe and that all appropriate people have been given accident packets and that they have exchanged required information prior to leaving the scene.
Date: 1/1/2019
Approved by Chief Rick Mathwig
230 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 325 Impaired Driving
I. Purpose and Scope This policy provides guidance in the detection and investigation of driving while impaired.
II. Policy The Roseville Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of Minnesota’s impaired driving laws. All officers are expected to enforce these laws with due diligence.
III. Chemical Tests A person implies consent under Minnesota law to a chemical test or tests, and to providing the associated chemical sample, under any of the following (Minn. Stat. § 169A.51, Subd. 1): a. The arresting officer has probable cause to believe the person was driving, operating or in physical control of a vehicle while impaired as defined by Minn. Stat. § 169A.20. b. The officer has probable cause to believe that the person is DWI and has been involved in a vehicle accident resulting in property damage, personal injury or death. c. The officer has probable cause to believe that the person is DWI and the person has refused to take the preliminary screening test provided for by Minn. Stat. § 169A.41. d. The person was administered a preliminary screening test and the results indicated an alcohol concentration of 0.08 or more. e. The officer has probable cause to believe the person was driving, operating or in physical control of a commercial motor vehicle with the presence of any alcohol in the person’s body.
IV. Breath Samples The Deputy Chief or designee should ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested, and that a record of such service and testing is properly maintained. Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to the shift supervisor.
V. Blood Samples Only persons authorized by law to draw blood shall collect blood samples (Minn. Stat. § 169A.51, Subd. 7). The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task. Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required.
231 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
The blood sample shall be packaged, marked, handled, stored and transported as required by the testing facility.
VI. Urine Samples If a urine test will be performed, the arrestee should be promptly transported to the appropriate testing site. The officer shall follow any directions accompanying the urine evidence collection kit. Urine samples shall be collected and witnessed by an officer or jail staff member of the same sex as the person giving the sample. The arrestee tested should be allowed sufficient privacy to maintain their dignity, to the extent possible, while still ensuring the accuracy of the sample.
The sample shall be packaged, marked, handled, stored and transported as required by the testing facility.
VII. Refusal Notifications Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of intention to revoke upon the person and invalidate the person’s license in such a way that no identifying information is destroyed and immediately return the license to the injury (Minn. Stat. § 169A.52, Subd. 1 and Minn. Stat. § 171.177, Subd. 13). Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency can be established by the existence of special facts, such as a lengthy delay in obtaining a blood sample due to a collision investigation or medical treatment of the person.
VIII. Forced Blood Sample A forced sample may not be taken except in DWI cases involving vehicular homicide or injury (Minn. Stat. § 171.177, Subd. 13). In those cases, if a person indicates by word or action that he/ she will physically resist a blood draw, the officer should request a supervisor to respond. The responding supervisor should: a. Evaluate whether using force to obtain a blood sample is appropriate under the circumstances. b. Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes, a viable form of testing in a timely manner. c. Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer), and attempt to persuade the person to submit to such a sample without physical resistance. d. This dialogue should be recorded on audio and/or video when reasonably practicable. e. Ensure that the blood sample is taken in a medically approved manner. f. Ensure that the forced blood draw is recorded on audio and/or video when reasonably practicable. g. Monitor and ensure that the type and level of force applied appears reasonable under the circumstances:
232 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
h. Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. i. In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. j. In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted. k. Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report.
IX. Warrants for Controlled Substances or Incapacitation A blood or urine test may be required pursuant to a warrant if the officer has probable cause to believe that (Minn. Stat. § 169A.51, Subd. 4): a. The person’s impairment is due to a controlled substance or a hazardous substance that is not subject to testing by a breath test. b. A controlled substance listed in Schedule I or II or its metabolite (other than marijuana or tetrahydrocannabinols), is present in the person’s body. c. The person is unconscious or incapacitated to the point that the officer providing the breath test advisory, administering the breath test or serving the search warrant has a good faith belief that the person is mentally or physically unable to comprehend the advisory or otherwise voluntarily submit to the chemical tests.
If a person objects to the blood or urine test as directed by the warrant or officer, the officer should offer the other type of test if the person is conscious. Action may be taken against a person refusing to submit to a blood or urine test only if an alternate test of blood or urine, as applicable, was offered (Minn. Stat. § 169A.51, Subd. 4; and Minn. Stat. § 171.177, Subd. 2).
X. Right to Attorney Contacts A person has a limited right to consult with an attorney prior to submitting to a chemical test. This right is limited to the extent that it cannot unreasonably delay administration of the test (Minn. Stat. § 169A.51, Subd. 2).
XI. Arrest Authority An officer may arrest a person without a warrant and without regard to whether the offense was committed in the officer’s presence if there is probable cause to believe the person committed (Minn. Stat. § 169A.40): a. A DWI offense (Minn. Stat. § 169A.20). b. An alcohol-related driving offense involving a school bus or a Head Start bus (Minn. Stat. § 169A.31). c. An underage drinking and driving offense (Minn. Stat. § 169A.33).
XII. Officer Responsibilities If an officer requests that a person submit to a chemical test and the person refuses such
233 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
request, the officer shall report such refusal to the Commissioner of the Department of Public Safety (DPS) and the appropriate prosecuting attorney (Minn. Stat. § 169A.52, Subd. 1; Minn. Stat. § 171.177, Subd. 3). If a person refuses to submit to a test or in the alternative submits to a test and the results indicate a prohibited alcohol concentration, the officer shall immediately give notice to the person that his/her driving privilege will be revoked and shall (Minn. Stat. § 169A.52, Subd. 7; and Minn. Stat. § 171.177, Subd. 8): a. Issue the person a temporary license effective for only seven days. Officers are not required to issue a person a temporary license if the person’s driving privilege is under withdrawal by DPS or if the person is unlicensed. b. Send the notification of this action to the Commissioner of the DPS along with the certification that there was probable cause to believe the person had been driving, operating or in physical control of a motor vehicle while impaired, and that the person either refused to submit to a test or submitted to a test and the results indicated a prohibited alcohol concentration or drug presence.
Test results of a person that indicate a prohibited alcohol concentration or drug presence shall be forwarded to the Commissioner of the DPS and the appropriate prosecuting attorney (Minn. Stat. § 169A.52, Subd. 2).
XIII. Statutory Warning At the time that the officer requests the person to submit to a chemical test the officer must inform the person that (Minn. Stat. § 169A.51, Subd. 2): a. Minnesota law requires that they take the test. b. Refusal to take the test is a crime. c. If they were arrested for a violation of vehicular homicide and injury, the test will be taken with or without consent (Minn. Stat. § 169A.52, Subd. 1). d. They have the right to consult with an attorney unless it would unreasonably delay administration of the test.
An officer investigating a DWI involving criminal vehicular operation is not required to make the above mentioned notice if license revocation will not be pursued.
XIV. Preliminary Screening Test An officer who has reason to believe the person was driving, operating or in physical control of a motor vehicle while impaired, may require the person to provide a sample of the person’s breath for a preliminary screening test using a device approved by the DPS Commissioner (Minn. Stat. § 169A.41, Subd. 1). The officer must use the results of the preliminary screening test for the purpose of deciding whether to arrest the person and require further chemical testing pursuant to Minn. Stat. § 169A.51 (Minn. Stat. § 169A.41, Subd. 2)
XV. Offense For Refusal A person who refuses to submit to a chemical test pursuant to Minn. Stat. § 169A.51 or
234 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Minn. Stat. § 169A.52 may also be charged with a separate criminal offense for such refusal (Minn. Stat. § 169A.20, Subd. 2).
XVI. Additional Testing An officer shall permit a person required to submit to a chemical test to have a qualified person of their own choosing administer a separate chemical test (Minn. Stat. § 169A.51, Subd. 7(b)). The separate chemical test shall: a. Be conducted at the place where the person is in custody. b. Be conducted after the officer has administered the statutorily mandated test. c. Impose no expense to the state.
XVII. Additional Requirements for Breath Samples All breath samples requested in accordance with this policy shall be obtained in accordance with Minn. Stat. § 169A.51, Subd. 5.
Date: 1/1/2019
Approved by Chief Rick Mathwig
235 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 326 Vehicle Towing
I. Purpose and Scope This policy provides guidance on removing vehicles from public streets and highways.
II. Policy It is the policy of the Roseville Police Department to ensure the safe and efficient flow of traffic in the city. Officers are empowered to remove vehicles from public streets and highways under the guidelines and restrictions placed upon towing by state statutes and this policy.
III. Storage and Impounds Vehicles may be towed for violations of Minn. Stat. § 168B.035, including parking, registration, and snow emergency violations. Vehicles may be moved or removed from a highway when in violation of Minn. Stat. § 169.32(a) or when left unattended upon any street or highway or upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic (Minn. Stat. § 169.33).
IV. Vehicle Impound and Inventory Report Department members requesting towing of a vehicle shall complete a vehicle impound form and inventory report, including a description of property within the vehicle. A copy is to be given to the tow truck operator.
When the owner of a towed vehicle was not notified of the impound, department members will request Ramsey Emergency Communications Center personnel enter pertinent data from the completed report into the Minnesota Justice Information Services (MNJIS) and shall note such request in applicable reports. Documentation of such request or entry should be retained in the case file.
V. Removal of Vehicle Disabled in a Traffic Collision When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer should request the authorized tow company to respond.
VI. Towing at Arrest Scenes Whenever a person in charge or in control of a vehicle is arrested, officers should consider whether the vehicle can be left at the scene in lieu of towing or whether a tow is needed (e.g., vehicle presents a traffic hazard if not removed or vehicle is needed for the furtherance of an investigation). The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of towing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: a. Traffic-related warrant arrest. b. Situations where the vehicle was not used to further the offense for which the occupant was arrested nor may be subject to forfeiture proceedings.
236 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene.
VII. 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 they are closed and/or locked. Officers conducting inventory searches should be as thorough and accurate as practicable in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while the owner is in police custody, to provide for the safety of officers and the public, and to protect the department against fraudulent claims of lost, stolen, or damaged property.
Date: 1/1/2019
Approved by Chief Rick Mathwig
237 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 327 Motorist Assists
I. Purpose and Scope This policy establishes policy and procedures for providing general and emergency services to motorists, identifying and reporting road hazards, checking abandoned vehicles, and recovering stolen vehicles.
II. Policy The Roseville Police Department renders all reasonable assistance to motorists to maintain the flow of traffic and safety of the motoring public.
III. Officer Responsibilities 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 practicable.
After arrangements for assistance are made, continued involvement by department personnel will be contingent on the time of day, the location, the availability of department resources, and the vulnerability of the disabled motorist.
IV. Mechanical Repairs Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair.
V. Relocation of Disabled Vehicles The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle.
Date: 1/1/2019
Approved by Chief Rick Mathwig
238 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 328 Domestic Abuse
I. Purpose and Scope This policy provides guidelines necessary to deter, prevent, and reduce domestic abuse through vigorous enforcement. This policy also addresses domestic abuse as a serious crime.
II. Policy The Roseville Police Department recognizes domestic abuse as a serious problem in today’s society. This department’s policy is to protect victims of domestic abuse by ensuring its peace officers understand the laws governing this area.
Peace officers will utilize this policy in response to calls when there may be domestic abuse. This policy prescribes courses of action peace officers should take in response to a domestic call. This agency will aggressively enforce the laws without bias and prejudice based on race, marital status, sexual orientation, economic status, age, disability, gender, religion, creed or national origin. This department is committed to take enforcement action when appropriate, assist victims and guide officers in the investigation of domestic abuse.
This agency will work with Tubman Family Alliance, which seeks to disrupt the cycle of violence by focusing police efforts on the abuser and providing safety and support systems for the victim(s).
III. Definitions Definitions related to this policy include: a. Domestic abuse: Commission of any of the following if committed against a family or household member by another family or household member (Minn. Stat. § 518B.01 Subd. 2): i. Actual or fear of imminent physical harm, bodily injury, or assault ii. Threats of violence (Minn. Stat. § 609.713) iii. Criminal sexual conduct (Minn. Stat. § 609.342 to Minn. Stat. § 609.3451) iv. Interference with an emergency call (Minn. Stat. § 609.78). b. Domestic Abuse Program: Public or private intervention project or advocacy program that provides support and assistance to the victims of domestic abuse. c. Child: A person under the age of 18. d. Family or Household Member: Spouses, former spouses, parents and children, persons related by blood, and persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they have been married or have lived together at any time, and persons involved in a significant romantic or sexual relationship. It also includes a man and a woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time (Minn. Stat. § 518B.01, Subd. 2(b)).
239 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. Domestic Call: A request for assistance to a law enforcement agency regarding domestic abuse or any other crime against a family or household member. f. Qualified Domestic Violence-Related Offense (QDVRO): Has the meaning given it in Minn. Stat. § 609.02, subd. 16 and includes a violation of or an attempt to violate a domestic abuse order for protection; first or second degree murder; first through fifth degree assault; domestic assault; female genital mutilation; domestic assault by strangulation; first through fourth degree criminal sexual conduct; malicious punishment of a child; threats of violence; violation of harassment restraining order; stalking; interference with an emergency call; nonconsensual dissemination of private sexual images, and violation of domestic abuse no contact order; and similar laws of other states, the United States, the District of Columbia, tribal lands, and United States territories. If a person arrested for a domestic crime has a prior QDVRO, the new offense may be enhanceable as a higher-level crime. Enhancement Table g. Order for Protection (OFP): An order issued under Minn. Stat. § 518B.01 by a judge in civil court upon the request of the petitioner. Any family or household member of the abuser may ask the court for an OFP. The relief granted to the petitioner may include an order for the respondent to stop domestic abuse, no direct or indirect contact with petitioner, temporary custody of minor children, temporary financial support, and/or counseling for the respondent. Other forms of relief are also available. h. Domestic Abuse No Contact Order (DANCO): An order issued under Minn. Stat. § 629.75 by a judge in criminal court limiting contact between a defendant and a victim of domestic abuse. DANCOs may be issued as a pretrial condition of release and/or as a probationary condition of sentence. i. Harassment Restraining Order (HRO): An order issued under Minn. Stat. § 609.748 by a judge in civil court when a petitioner requests a court order preventing another person from having contact with him/her. These orders generally prohibit all contact of any kind (including phone calls, letters, e-mail, social media and contact through a third party) and may limit the respondent‘s ability to come within a certain distance of the petitioner’s home, work, or school. This type of order can be issued no matter the relationship between the individuals involved. j. Harassment: A single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target (Minn. Stat. § 609.748, Subd. 1(a)). k. Stalking: Engaging in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim. (Minn. § Stat. 609.749, Subd. 1).
IV. Legal Mandates and Relevant Laws Officers investigating a domestic abuse shall follow the applicable legal requirements and relevant laws related to domestic abuse, including:
240 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Warrantless Probable Cause Arrests: An officer has the authority to arrest a person without a warrant, including at the person’s residence, if the peace officer has probable cause to believe that the person has, within the preceding 72 hours, exclusive of the day probable cause was established, assaulted, threatened with a dangerous weapon or placed in fear of immediate bodily harm any person covered by the “family or household member” definition, even if the assault did not rise to the level of a felony or did not take place in the presence of the peace officer (Minn. Stat. § 629.34; Minn. Stat. § 629.341). b. Dual Arrests: Officers should generally not make dual arrests but may arrest a primary aggressor. Where there are allegations that each party assaulted the other, the officer shall determine whether there is sufficient evidence to conclude that one of the parties was the primary aggressor based on the following criteria and the officer’s judgment (Minn. Stat. § 629.342, Subd. 2): i. Comparative extent of any injuries inflicted. ii. Fear of physical injury because of past or present threats. iii. Actions taken in self-defense or to protect oneself. iv. History of domestic abuse perpetrated by one party against the other. v. Existence of a current or prior OFP, HRO, or DANCO. c. Citation in Lieu of Arrest: An officer shall not issue a citation in lieu of arrest and detention to an individual charged with any of the following offenses (Minn. Stat. § 629.72): i. Stalking (Minn. Stat. § 629.749) ii. Domestic abuse (Minn. Stat. § 518B.0, Subd. 2) iii. Violation of an order for protection (Minn. Stat. § 518B.01, Subd. 14) iv. Violation of a domestic abuse no contact order (Minn. Stat. § 609.75) d. Violation of Court Orders: Officers shall arrest and take into custody, without a warrant, a person whom the peace officer has probable cause to believe has violated a court order issued pursuant to Minn. Stat. § 518B.01 or Minn. Stat. § 629.75. Such an arrest shall be made even if the violation of the order did not take place in the presence of the peace officer, if the officer can verify the existence of the order. e. Order for Protection: When there is probable cause to believe a person has knowingly violated an OFP, the officer shall arrest if the existence of the order is verified and the person has been served with the order Minn. Stat. § 518B.01, Subd. 14). An arrest for a violation of an order of protection may be made regardless of whether the excluded party was invited back to the residence (Minn. Stat. § 518B.01, Subd. 18). f. Domestic Abuse Advocacy Referral: Following an arrest, an officer should contact the local domestic abuse program by phone as soon as possible and provide the name and address of the victim and a brief factual account of events associated with the action. g. Notice of Crime Victim Rights: Officers shall provide the victim of a domestic call with information regarding services that are available and provide a crime victim’s card (Minn. Stat. § 629.341, Subd 3).
241 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
h. Harassment Restraining Orders: An officer shall arrest and take into custody a person whom the officer has probable cause to believe has violated a harassment restraining order, pursuant to Minn. Stat. § 609.748. i. No Contact or Retraining Orders: Officers are authorized to make an arrest without a warrant when there is probable cause to believe the person has violated the provisions of a no contact or restraining order issued by a court, even if the offense did not rise to the level of a felony (Minn. Stat. § 629.34). While conducting a domestic abuse investigation officers shall attempt to verify whether there has been a court order issued. j. Other Possible Offenses: Officers should consider whether other offenses have been committed that may not qualify as a domestic abuse. These include burglary, felony assault, threats of violence, kidnapping, false imprisonment, witness tampering, trespassing, criminal damage to property, disorderly conduct, or assault. k. Children Present: If a child was present at the scene of a domestic abuse incident or was the victim of domestic abuse, the officer should determine whether the child has been subjected to physical abuse, sexual abuse or neglect, and comply with the mandatory reporting requirements of Minn. Stat. § 626.556. The officer shall also attempt to verify whether there has been an order for protection issued under Minn. Stat. § 260C.201 and take appropriate action. l. Records: Fees will not be charged for the release of reports related to domestic abuse, as directed in Minn. Stat. § 13.82, Subd 5. m. Service of Court Orders: When reasonably safe and in a position to do so, officers shall serve copies or short forms of court orders as directed in Minn. Stat. § 518B.01.
V. Dispatcher Responsibilities The dispatcher will assign domestic calls a high priority and assign at least two officers to the call. If only one officer is available, all reasonable attempts should be made to obtain another officer to assist the officer who was initially dispatched. The dispatcher receiving a domestic call should attempt to elicit from the caller and should communicate to the responding peace officers as much of the following information as possible, including: a. The nature of the incident. b. The address of the incident, including apartment number, if applicable. c. The telephone numbers where the caller can be reached. d. Whether weapons are involved or present in the dwelling. e. Whether someone is injured and the nature of the injury. f. Information about the suspect, including whether the suspect is present, description, direction of flight, mode of travel, etc. g. Relationship between the caller and the suspect. h. Whether there have been prior calls involving these individuals. i. Whether there is an order for protection (OFP), harassment restraining order (HRO) or criminal pretrial or probationary domestic abuse no contact order (DANCO). j. Whether children are present at the scene.
242 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
k. Whether there are non-English speaking people, or people with mobility impairments or hearing impairments at the scene.
If the caller is the victim, the dispatcher should attempt to keep the caller on the phone as long as possible and should tell the caller that help is on the way and when the caller can expect the peace officers to arrive.
If the caller is a witness to an incident in progress, the dispatcher should attempt to keep the caller on the phone and relay ongoing information provided by the caller to the responding peace officers.
If the responding officers are a distance away and the dispatcher cannot remain on the telephone with the caller/victim, the dispatcher should attempt to call back periodically to check on the progress of events, and call again when the officers arrive at the scene. If the dispatcher finds that a victim/caller who was recently available suddenly cannot be reached by phone or there is a persistent busy signal, the dispatcher should relay that information to the officers.
VI. Officer Response to Scene Calls of reported, threatened, imminent or ongoing domestic abuse are of extreme importance and should be considered among the highest response priorities. This includes incomplete 911 calls. Officers should respond directly and without unreasonable delay to the scene. Domestic calls are often dangerous due to the highly emotional state of the participants, the close relationships involved, the existence of or potential for physical violence and the fact that the officers often are considered unwelcome outsiders to the incident. Extreme caution should be the rule when responding to a domestic incident. While there is no such thing as a “routine” domestic call, the following are general guidelines for enhancing officer safety on these types of calls. a. Parking police vehicles: Whenever possible avoid stopping police vehicles directly in front of the residence or incident scene. b. Approaching the scene: If possible, the officers should approach the residence or incident scene from opposite directions. Approach to the house and entry are critical as the officers have the disadvantage of not knowing the location of the parties involved. c. Assess the situation from outside: Before knocking on the door, listen for noises inside the residence that may indicate where the parties are located and attempt to determine how serious the problem is (screams, breaking glass, gunshots, etc.). Attempt to look in a window before knocking to observe the activity and to see the layout of the house (could indicate any area of concealment before the door is opened). d. Prepare to enter the residence of scene: Officers should be prepared for an emergency even though a lack of noise or window observations do not indicate a problem. Avoid standing in front of the door when knocking (this should apply to any call) and
243 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
announcing your presence.
VII. Initial Contact with Occupants Upon arriving at the scene of a domestic call, the responding officers should identify themselves as peace officers, explain their presence, and request entry into the home. The officers should ask to see the person who is the alleged victim. The officers should separate parties prior to taking statements. If the person who called the law enforcement agency is someone other than the subject of the call, the officer should not reveal the caller’s name. The officer should ensure all of the occupants are safe. a. Officer positions: Officers should move away from each other once in the home. Standing side-by-side or in back of each other only presents an easy target or opportunity for assault. b. Assess the situation: Determine who the complainant is and who the apparent source of trouble is as soon as possible. Determine if any weapons are readily available and locate them. c. First Aid: After securing the scene, the responding peace officers shall provide the necessary first aid. d. Deescalate the situation: The key to de-escalation is separation of the participants. Emotions tend to increase while the parties are in each other’s presence. The officer should send one of the participants to another room with another officer and check the other room for any weapons. Have the person sit or stand so both officers can see each other. e. Keep participants in sight at all times: Officers should avoid allowing the assigned person to leave their sight, which presents the opportunity for someone to produce a weapon. If a person needs to go to another room the officer must accompany that person. In the rare situation that it is not appropriate for an officer to be in the same room with one of the participants (someone of the opposite sex needing to use the restroom, for instance) the officer should search the room for weapons before allowing the person entry and consider disabling any locks to prevent the person from barricading themselves in the room. f. Attempt to mediate: In a domestic incident, both pride and feelings have been hurt. If the officers briefly listen to both parties’ stories, it will tend to decrease the tension. In most cases, the officers will serve merely as mediators, attempting to soothe the emotion of the participants. They should try to appear fair and impartial to both parties and avoid becoming personally or emotionally involved. Officers should avoid unnecessary physical involvement. g. Seek a resolution to the incident: If no assaults or threats have occurred, officers should seek cooperation from both parties to work out a satisfactory solution and settle differences while the officer is there; this may prevent a call-back involving an escalated situation. Interviewing any other necessary parties, such as neighbors or children, will enable the officer to complete the incident report.
VIII. Guidelines on Entry
244 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Refused entry: If refused entry, the officers should be persistent about seeing and speaking alone with the subject of the call. If access to the subject is refused, the officers should ask the dispatcher to contact the caller. b. Forced entry: If access is still refused and the officers have reason to believe that someone is in imminent danger, the officers are permitted to force entry. c. Search warranty entry: If the officers are refused entry and have no legal grounds for forced entry and have reasonable grounds to believe a crime has been committed, the officers should contact the appropriate authority to obtain a search warrant.
IX. Investigation and Arrest Decisions After securing the scene and providing any first aid, officers will assess the lethality of the situation based on the totality of the circumstances and begin a criminal investigation to determine if there is probable cause to believe a crime has been committed based on the evidence and not solely on the victim’s desire to make an arrest. The officers should collect relevant physical evidence, including weapons that may have been used, photographs of the scene or any injuries, and statements from the involved parties and witnesses. Some of the evidence and statements include: a. Photos of the scene. b. Condition of clothing. c. Property damage. d. Evidence of physical injury including strangulation. e. Excited utterances of the victim and the suspect. f. Demeanor of the victim and the suspect. g. Medical records including the victim’s statements to paramedics, nurses, and doctors h. Recorded interviews of witnesses, including children who may have been present. i. Evidence of any prior domestic abuse—related convictions including dates. j. Any existing OFPs, HROs, or DANCOs.
Officers should take a victim-centered approach in domestic abuse cases. Questions should be asked in a supportive and non-judgmental manner.
When determining probable cause, the peace officers should consider their observations and any statements made by the parties involved and any witnesses. Prior convictions may provide the basis for enhancement to a gross misdemeanor or felony charges.
X. Factors Not to Be Considered in Making the Arrest Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include: a. Ownership, tenancy rights of either party, or the fact the incident occurred in a private place. b. Belief that the victim will not cooperate with criminal prosecution or that the arrest may not lead to a conviction.
245 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Verbal assurances that the abuse will stop. d. Disposition of previous police calls involving the same victim or suspect. e. Denial by either party that the abuse occurred when there is evidence of domestic abuse. f. Lack of a court order restraining or restricting the suspect. g. Concern about reprisals against the victim. h. Adverse financial consequences that might result from the arrest. i. Chemical dependency or intoxication of the parties. j. Marital status of suspect and victim. k. The racial, cultural, social, professional position or sexual orientation of the victim or suspect.
XI. Arrests Except under exigent circumstances which must be articulated in the report, officers will make a warrantless custodial arrest if the officer has probable cause to believe the suspect: a. Committed a misdemeanor assault against a family or household member which may include a physical assault or placed the victim in fear of immediate bodily harm. b. Threatened a family or household member with dangerous weapons. c. Interfered with an emergency call. d. Made threats of violence within the meaning of Minn. Stat. § 609.713 Subd. 1 e. Committed criminal sexual conduct in the first, second, third, or fourth degree within the meaning of Minn. Stat. § 609.342, 609.343, 609.344, or 609.345.
The officer must have probable cause to believe the incident occurred no more than seventy-two hours prior to the arrest. This seventy-two-hour time frame does not preclude an arrest for threats of violence or other felony level crimes. When an officer determines that probable cause exists to make an arrest under the above conditions, the officer should make diligent efforts to ensure that the offender is arrested within seventy-two hours of the incident.
XII. General Arrest Procedures An arrest must follow standard arrest procedures, including: a. Advise the person being arrested what the charge is. b. Recognize the strength of family bonds; it is not uncommon for the two parties to act collectively against the officers when an arrest is made. c. In most cases, not let the person being arrested get a hat, coat, etc., or use the bathroom. The officer should obtain the articles and search them. The person should be told they can use the bathroom soon after departure. d. Handcuffing and a search of the person being arrested and before placement into the squad vehicle. e. Photos of injuries and property damage, along with a written description of injuries, including measurements. These are extremely helpful at court time.
246 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. Officers are encouraged to conduct a taped Miranda interview of suspects. Non-English speaking suspects should be questioned using language-line.
XIII. Prominent Aggressor and Dual Arrests Minn. Stat. § 629.342, Subd. 2 discourages dual arrest. Evidence of mutual combat does not necessarily dictate the arrest of both parties. Officers must first determine whether any injuries were inflicted as a result of self-defense. Reasonable force may be used by any person in resisting or aiding another to resist an offense against the person. The use of force must be reasonable for that person given the nature of the threat and may include the use of weapons. If one of the persons acted entirely in self-defense, the situation should be dealt with as if there were a single offender.
Predominant Aggressor: An officer who determines that neither party acted in self-defense and both parties have committed an act of domestic abuse must make a custodial arrest of the predominant aggressor considering the totality of the circumstances, including: a. The relative severity of the injuries and fear inflicted in this incident. b. The relative use of force and intimidation used in this incident. c. Information available to officers involving prior incidents involving either party, including history of domestic abuse perpetrated by one party against the other. d. The perceived likelihood of either party to commit domestic abuse in the near future. e. The existence of a previous order for protection, restraining order, or no-contact order.
XIV. Victim Requests Not To Prosecute If the officer finds probable cause to believe a domestic abuse offense has been committed and intends to arrest but the victim requests no arrest or prosecution, the officer should inform the victim the decision to arrest is the officer’s and the decision to prosecute lies with the prosecutor. The officer will continue with the arrest if probable cause can be established. If the victim retracts the account of the abuse while the investigation is still being conducted, the officer shall make an arrest if the initial account of the facts coupled with the physical evidence provides probable cause the abuse occurred.
XV. Offender Not at Scene: Gone on Arrival Domestic violence incidents where the suspect leaves the scene before police arrive often involve dangerous suspects hoping to evade consequences for their actions. When an officer determines that probable cause exists for an arrest but the suspect is not present, officers should prioritize apprehension of the suspect. Officers should take the following actions when the suspect has left prior to officers’ arrival: a. Search for the suspect in the immediate area and direction where the suspect may have fled. b. Request that dispatch contact the law enforcement agencies where the suspect may be and request that he be arrested if located. c. Encourage the victim to call 911 if the suspect returns.
247 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
d. Offer to transport the victim or arrange for transport to a shelter or another safe place if needed. e. Remain at the scene of the disturbance until they believe the likelihood of further imminent abuse has been eliminated. If a domestic abuse intervention program is available, make contact for immediate intervention. f. With supervisory approval, travel to another jurisdiction, arrest the suspect, and transport directly to jail. g. If an offender cannot be located, contact dispatch; a “Keep our Officers Safe” (KOPS) entry will be made on the suspect. h. When a peace officer does not make an arrest, provide immediate assistance to the victim, including obtaining necessary medical treatment and providing the victim with the notice of rights pursuant to Minn. Stat. § 629.341, subd. 3. i. If the suspect is located in another jurisdiction, the officer will coordinate transport and booking procedures at the Ramsey County Jail with the other agency.
XVI. Determination of No Probable Cause If there is no probable cause that a crime was committed, the officer should advise the parties of any options, including voluntary separation of the parties and appropriate resource referrals. Officers should document the names of the parties involved, a brief summary and description of the basis for the determination of no probable cause (Minn. Stat. § 629.341 Subd 4).
XVII. Lethality Assessment When domestic violence has occurred, officers shall follow the protocol for administering the Ramsey County Lethality Assessment.
XVIII. Seizure of Weapons in Domestic Abuse Incidents Officers investigating domestic abuse incidents who have probable cause to believe the incident involved weapons should, when lawfully possible, seize all weapons used in the assault. In other instances, it may be appropriate to take weapons for safe keeping. The purpose of this is twofold, to preserve evidence and also to safeguard the welfare of the people involved.
XIX. Second Offense and Enhanceable Charges When an arrest is made, officers must determine if enhancement is appropriate by interviewing the victim and the offender and by researching available court and local records. See Enhancements Table for additional information. a. Domestic Assaults: If the charge is domestic assault and the crime occurs within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency, a gross misdemeanor enhancement applies. Within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency makes the offense a felony. (Minn. Stat. § 609.2242).
248 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Harassment Restraining Order (HRO): An HRO violation is enhanceable to a gross misdemeanor if it occurs within ten years of a qualified domestic violence-related offense conviction or adjudication of delinquency. It may be enhanceable to a felony as outlined in Minn. Stat. § 609.748 Subd. 6. c. Domestic Abuse No Contact Order (DANCO): A DANCO violation is enhanceable to a gross misdemeanor if the offense occurs within ten years of a previous qualified domestic violence related offense or adjudication of delinquency. A violation of a DANCO is enhanceable to a felony if the offense occurs within ten years of the first of two or more previous qualified domestic violence related offense or adjudication of delinquency (Minn. Stat. § 629.75, Subd. 2).
XX. Sexual Assault Recognizing the crossover between domestic violence and sexual assault enables officers to have a more comprehensive victim-centered response. Officers should consider this co- occurrence when interviewing the victim. If an allegation of sexual assault is disclosed, officers should follow the Sexual Assault Investigation Policy (Policy 404).
XXI. Strangulation Strangulation behavior is potentially lethal and is a common action used by an abuser to dominate a victim (Minn. Stat § 609.2247). Any incident in which an offender places his or her hand or arm or another object around the victim's neck or throat and squeezes is potentially lethal behavior and creates a grave risk of injury and death. An offender's use of strangulation may foreshadow escalating use of violence and homicidal intent. Officers should: a. If the victim has any of the symptoms of strangulation, talk with the victim of the potential lethality and the need to request emergency medical services. b. Conduct an initial interview of the victim regarding the method of strangulation and its impact, e.g., difficulty breathing, loss of consciousness. c. If possible, talk with the suspect before making a probable-cause determination. Take caution to not inadvertently arrest a person acting in self-defense. d. Document all evidence of strangulation in the written report.
XXII. Stalking The acts that constitute stalking outlined in Minn. Stat. § 609.749 include several that are frequently applicable to domestic abuse situations even when no actual assault occurred. Officers responding to domestic abuse calls should be alert to the possibility that any single report of domestic abuse could be part of a pattern of stalking behavior. Officer should pay particular attention to repeated violations of protection orders and no-contact orders and ask questions of the victim to determine if the current incident is an isolated event or part of a pattern of behavior.
Officers should consider the possibility that actions that would not otherwise be illegal or
249 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
might not cause alarm in another context could be examples of stalking behavior and respond accordingly.
XXIII. Assistance to Non-English Speaking Victims or Victims with Communication Disabilities Peace officers should use the Law Enforcement Language Line to assist when the participants in the domestic call, including the witnesses, are non-English speaking. Officers should contact the dispatcher for assistance with those who are hearing-impaired, or have other communication disabilities. The officer should avoid the use of friends, family, or neighbors to serve as the primary interpreter for the investigation.
XXIV. Written Reports Peace officers shall make a report after responding to a domestic call. If the officer did not arrest or seek an arrest warrant even though arrest was authorized, a detailed explanation of the reasons must be documented. Officers should include information related to the following in a report, as applicable (Minn. Stat. § 629.341): a. Names, addresses, and telephone numbers of all involved persons. b. Condition of clothing. c. Description of the scene, including any property damage. d. Do not seize a phone if it would leave the victim without a working phone. Photographs and audio will suffice as evidence from the phone. e. Evidence of physical injury, including strangulation. f. Presence of elderly victims or persons with disabilities. g. Facts related to any person who may have been a primary aggressor. h. Excited utterances of the victim and the suspect. i. Demeanor of the victim and the suspect. j. Medical records, including the victim’s statements to paramedics, nurses and doctors k. Detailed statements of interviews of witnesses, including children, who may have been present, noting any language barriers. l. A detailed explanation of the reasons for the officer’s decision not to arrest or seek an arrest warrant. m. Evidence of any prior domestic abuse or related convictions, including dates. n. Any existing orders for protection, harassment restraining order, or no-contact orders. o. Identifying information of a specific court order violated, including county of origin, the file number, and the provision allegedly violated.
If a child was present at the scene of a domestic abuse incident or was the victim of domestic abuse, the officer should determine whether the child has been subjected to physical abuse, sexual abuse or neglect, and comply with the mandatory reporting requirements of Minn. Stat. § 626.556. The officer shall also attempt to verify whether there has been an order for protection issued under Minn. Stat. § 260C.201 and take appropriate action.
250 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XXV. Further Investigation a. A domestic call shall be turned over to the appropriate investigator for further follow up if appropriate. If there is an arrest, the investigator shall determine the defendant’s criminal record, and if there is evidence of a previous conviction, the peace officer should advise the prosecutors of any enhanced criminal sanctions which may be available. b. Even if the officer has decided not to arrest one of the participants in the domestic call, the officer shall thoroughly document all relevant information in the report and refer the report to the appropriate prosecutor for review and consideration of criminal charges. c. Officers will request the dispatcher to make an electronic digital record of the call on all domestic arrests. The dispatcher will email the electronic digital record as an attachment to the record to the appropriate officer and/or Property Room Manager. Once received from dispatch, the electronic digital record will be added to the case file’s media file.
XXVI. Service of Court Orders Officers, when reasonably safe and in a position to do so, shall serve copies or short forms of court orders as directed in Minn. Stat. § 518B.01.
XXVII. Jail Holds for Domestic Assaults The Ramsey County Detention Center policy allows holding domestic offenders for up to 72 hours prior to appearance before a judge. On occasion, a suspect may be released on a Saturday or Sunday, with a court date for first appearance. The Detention Center is required by state law to notify the victim upon release of the offender. The transporting officer will provide the Ramsey County Detention personnel with a Victim Notification Form at time of booking.
XXVIII. Foreign Court Orders Various types of orders may be issued in domestic abuse cases. Any foreign court order properly issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it were the order of a Minnesota court. An order is 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 court order shall be enforced, regardless of whether the order has been properly registered with this state.
Date: 1/1/2019
Approved by Chief Rick Mathwig
251 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 329 Domestic Abuse Involving High Profile Persons or Police Officers
I. Purpose and Scope This policy establishes procedures for handling acts of domestic violence committed by police officers or high profile persons.
II. Policy This policy provides a comprehensive, proactive approach to domestic violence by Police Department employees and high-profile individuals, with an emphasis on victim safety. It is imperative to the integrity of policing and the sense of trust communities have in their local law-enforcement agencies that leaders, through the adoption of clear policies, make a definitive statement that domestic violence will not be tolerated. The department will adhere to a zero-tolerance policy towards police officer and high profile person domestic violence and will not tolerate violations of the policy.
III. Department Response Protocols for Officer Involved Domestics The department shall accept, document, and preserve all calls or reports, including those made anonymously, regarding domestic violence as on-the-record information. a. All reports of possible criminal activity implicating police officers in domestic violence shall be documented in accordance with the policies governing the handling of reports of domestic violence involving civilians. b. The on-scene supervisor shall forward to the Chief and command staff a copy of the report alleging domestic violence by the officer.
IV. Patrol Response Upon arrival on the scene of a domestic violence call or incident involving a police officer or high profile individual, the primary officer shall immediately notify dispatch and request a supervisor to report to the scene, regardless of the involved officer's jurisdiction. The responding officer shall perform the following actions: a. Obtain needed medical assistance. b. Address the immediate safety of all parties involved. c. Secure the scene and preserve evidence. d. Note all excited utterances, admissions and/or incriminating statements. e. Make an arrest if probable cause exists. f. Complete all necessary reports.
V. Supervisor Responsibilities Whenever possible, a supervisor shall report to the scene of all police officer and high- profile individual’s domestic violence incidents. The on-scene supervisor’s duties include: a. Assume command and ensure that the crime scene is secured and that all evidence is collected. Photographic and/or video documentation of the parties involved and scene shall be recorded where such resources are available. b. When probable cause exists, ensure an arrest is made.
252 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. If the alleged offender has left the scene and probable cause exists, the supervisor shall ensure the following actions are taken: i. Exhaust all reasonable means to locate the alleged offender. ii. Ensure that a KOPS entry is issued, if unable to locate the alleged offender. iii. Document all subsequent actions in a timely manner. d. If the victim has left the scene, make every effort to follow through on the investigation and attempt to locate the victim. e. When possible, avoid arrest of both parties involved in a domestic violence incident. Ensure that a thorough investigation and an arrest of the dominant aggressor in accordance with law. f. Inquire whether the victim wants any firearms removed from the home for safekeeping by the department and make arrangements as necessary. g. Ensure the victim is informed of their rights. h. Whenever a high-profile individual or police officer involved domestic violence call does not result in an arrest or a KOPS entry is not sought, explain in a written report. i. In officer-involved domestic assault, notify their supervisor and the Chief and as soon as possible. In the event that the officer is from another jurisdiction, ensure that the accused officer's command staff is notified. All notifications, and attempts to notify, shall be documented.
VI. Administrative and Criminal Decisions in Roseville Officer Involved Domestic Assaults The department shall conduct separate parallel administrative and criminal investigations of alleged incidents of police officer domestic violence in a manner that maintains the integrity of both investigations and promotes zero tolerance. Regardless of the outcome of the criminal case, the department shall uphold all administrative decisions. If the facts of the case indicate that domestic violence has occurred or any department policies have been violated, administrative action shall be taken independent of any criminal proceedings as soon as practicable. The department will adhere to and observe all necessary protocols to ensure an accused officer's departmental and legal rights are upheld during the administrative and criminal investigations.
VII. Department Notification Officers who learn they are the subject of a domestic assault investigation, regardless of jurisdiction, are required to immediately report to their supervisors and provide notice of the court dates, times, appearances, and proceedings. Failure to do so may result in discipline, up to and including dismissal.
Date: 1/1/2019
Approved by Chief Rick Mathwig
253 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 330 Hostages and Barricaded Persons
I. Purpose and Scope This policy provides guidelines for situations where officers have legal cause to contact, detain, or arrest a person, and the person refuses to submit to the lawful request of the officers by remaining in a structure or vehicle and/or by taking a hostage. This policy does not address all variables that officers encounter during 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; each incident is a dynamic and rapidly evolving event.
II. Policy The Roseville Police Department addresses hostage and barricade situations with due regard for preserving life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders, and securing available evidence.
III. Definitions Definitions related to this policy include: a. Hostage Situation: An incident in which 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. b. Barricade Situation: An incident in which a person maintains a position of cover or concealment and ignores or resists law-enforcement personnel and it is reasonable to believe the subject may be armed with a dangerous or deadly weapon.
IV. First Responder Consideration 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 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, the persons involved, and bystanders and the resources currently available.
V. Communication When circumstances permit, initial responding officers should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Officers should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions, and obtain the suspect’s surrender.
When available, department-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators may exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions, or
254 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
demands and the available resources.
A supervisor with probable cause to believe that a person is being unlawfully confined may order a telephone company to cut, reroute, or divert telephone lines to establish and control communications with a suspect (Minn. Stat. § 609.774).
VI. Barricade Situations 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: 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 they 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 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.
VII. Hostage Situations 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 should be considered:
255 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
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 if it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy). d. Help hostages or potential hostages escape if it is reasonably safe to do so. Hostages should be separated if practicable pending further interview. e. Request additional personnel, resources and equipment as needed (e.g., canine team, air support). 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. 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. l. Determine the need for and notify the appropriate command staff. m. If necessary and available, establish a tactical or exclusive radio frequency for the incident.
VIII. 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. 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 staff who can help with intelligence information and documentation of the incident. f. 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.
256 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
g. Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration. h. Debrief personnel and review documentation as appropriate.
Date: 1/1/2019
Approved by Chief Rick Mathwig
257 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 331 Crime and Disaster Scenes
I. Purpose and Scope This policy provides guidance in handling a major crime or disaster.
II. Policy This department secures crime or disaster scenes so that evidence is preserved. The department mitigates the dangers associated with a major crime or disaster scene for the safety of the community and those required to enter or work near the scene.
III. Scene Responsibility The first officer at the scene of a crime or major incident is generally responsible for the immediate safety of the public and preservation of the scene. Officers shall also consider officer safety and the safety of those persons entering or exiting the area, including those rendering medical aid to any injured parties. Once an officer has assumed or been assigned to maintain the integrity and security of the crime or disaster scene, the officer shall maintain the scene until properly relieved.
IV. First Responder Responsibilities Initial responding officers play the lead role by protecting the crime scene, rendering emergency services and initiating the investigation. The first responder’s duties include: a. Broadcast emergency information, including requests for additional assistance and resources. b. Provide for the general safety of those within the immediate area by reducing or eliminating threats or dangers. c. Locate or identify suspects and determine whether dangerous suspects are still within the area. d. Provide first aid to injured parties if it can be done safely. e. Evacuate the location safely as required or appropriate. f. Secure the inner perimeter. g. Protect items of apparent evidentiary value. h. Secure an outer perimeter. i. Identify potential witnesses. j. Start a chronological log.
V. Searches Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims, and to 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 additional or alternate authority for the search is obtained, such as consent or a search
258 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
warrant.
VI. Execution of Health Orders Any licensed member of this department may assist in the enforcement of all directives of the local health officer issued to prevent the spread of any contagious, infectious or communicable disease (Minn. Stat. § 144.4195, Subd. 2).
Date: 1/1/2019
Approved by Chief Rick Mathwig
259 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 332 Rapid Response Deployment
I. Purpose and Scope This policy provides protocols for assessing the threat and immediately responding to situations where there is an active assailant posing an ongoing deadly threat.
II. Policy Violence in schools, workplaces, and other locations by any individual or group of individuals presents a difficult situation for law enforcement. It is the policy of this agency in situations where ongoing deadly force is reasonably likely to be used by a suspect—and delay in taking law enforcement action could result in injury or death—that immediate action by officers at the scene is necessary when such actions are deemed reasonable to prevent further injuries or loss of life. If there is a reasonable belief that acts or threats by a suspect(s) are placing lives in imminent danger, first responding officers should consider reasonable options to immediately eliminate the threat.
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.
III. Initial Deployment 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 the following: 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 (special tactics and/or hostage negotiation team response).
IV. Debriefing As soon as reasonably possible after the incident, the agency shall conduct a debriefing of essential personnel involved in the incident. The debriefing shall identify areas of potential improvement and determine whether changes in operational protocols, policy, or training
260 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
may be warranted.
V. Training This agency shall provide active shooter and rapid deployment training to all sworn personnel, including simulation exercises conducted in schools and other facilities and partnering first response agencies, where appropriate.
Date: 1/1/2019
Approved by Chief Rick Mathwig
261 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 333 Bomb Threats
I. Purpose and Scope This policy provides guidance for responding to incidents involving explosives, explosive devices, or threats of such incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public.
II. Policy It is the policy of the Roseville Police Department to follow accepted practices and procedures when dealing with bomb threats in order to minimize the risk of injury or loss of life, and to retain public confidence in the responsible agencies, including this department. When confronted with an incident involving explosives, safety should always be the primary consideration.
III. Found Explosives/Suspect Devices When an officer responds to a call of a suspected explosive devices, the following guidelines should be followed: a. The device should not be touched or transported to any other location. b. No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. The appropriate bomb squad should be summoned for assistance. c. A perimeter should be secured for a minimum of 300 feet around the location or an otherwise safe distance depending on the surrounding physical environment and allowing for an entrance for support personnel. d. As much initial information as possible should be relayed to a supervisor without touching the device. e. Officers should not transmit on any equipment that produces radio frequency energy within 300 feet. Consideration should be given to the possibility of evacuation if a device is located within a building. f. An additional perimeter should be secured around any suspected device. g. Officers should give consideration for the ingress/egress of additional support personnel, such as paramedics and fire department personnel. h. A search of the area should be conducted for secondary devices or other objects that are either hazardous or foreign to the area. i. Explosives of any type should be handled only by bomb squad technicians. j. When in doubt, call for assistance from the bomb squad.
IV. Explosion/Bombing Incidents When responding to an explosion, a rapid response may help to minimize injury to victims, Officers responding to explosions, whether accidental or criminal should consider the following actions: a. Assess the scope of the incident, including the number of victims and extent of injuries. b. Request additional personnel and resources, as appropriate. c. Assist with first aid.
262 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
d. Identify and take appropriate precautions to mitigate scene hazards, such as collapsed structures, blood-borne pathogens and hazardous materials. e. Assist with the safe evacuation of victims, if possible. f. Establish an inner perimeter to include entry points and evacuation routes. Search for additional or secondary devices. g. Preserve evidence. h. Establish an outer perimeter and evacuate if necessary. i. Identify witnesses. j. Make appropriate notifications as soon as appropriate (e.g. fire department, bomb squad, command staff, other law enforcement agencies).
V. Bomb Threats at Public or Private Facilities When a member of this department receives notification of a bomb threat at a location in the City of Roseville, the member receiving the notification should obtain as much information as reasonably possible from the notifying individual. It is the general policy of this agency not to actively participate in the search operation. Agency members may serve in a supervisory role, unless circumstances dictate a more active participation is necessary to successfully complete the search. The options available to the person in charge of the facility are generally: a. No search and no evacuation. b. Search without evacuation. c. Evacuation without search. d. Evacuation and search.
Should the person in charge of the facility request assistance, the supervisor shall be notified and will make the decision whether the department renders assistance and to what level. Should the information and circumstances indicate a reasonably apparent imminent threat to safety, a more active approach, including law enforcement control over the facility, may be considered.
VI. Bomb Threats at Police Facilities Department members receiving a bomb threat should obtain as much information from the individual as reasonably possible, including the type, placement and alleged detonation time of the device. The member receiving the bomb threat should ensure that the Duty Supervisor is immediately advised and informed of the details. The supervisor will then direct and assign officers as required for coordinating a general building search or evacuation as deemed appropriate.
Date: 1/1/2019
Approved by Chief Rick Mathwig
263 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 334 Hazardous Material Response
I. Purpose and Scope This policy provides guidance to employees who encounter situations involving suspected hazardous materials.
II. Policy It is the policy of this agency to comply with Minnesota law to protect employees and other persons from possible exposure to hazardous materials.
III. Definition Hazardous material is any refuse, sludge or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid or contained gaseous form, which, because of its quantity, concentration, or chemical, physical or infectious characteristics may (Minn. Stat. § 116.06 Subd. 11): a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness. b. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
IV. Hazardous Material Response Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic collision, chemical spill or fire. When employees come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and other persons.
The fire department is the agency trained and equipped to properly respond and mitigate most hazardous materials and bio-hazards. Responders should not perform tasks or use equipment absent proper training. A responder entering the area may require decontamination before he/she is allowed to depart the scene and should be evaluated by appropriate technicians and medical professionals for signs of exposure. The following steps should be considered at any scene involving suspected hazardous materials: a. Attempt to identify the type of hazardous material. Identification can be determined by placard, driver's manifest or statements from the person transporting the material b. Notify the appropriate fire department. c. Provide first aid to injured parties if it can be done safely and without contamination. d. Begin evacuation of the immediate and surrounding areas dependent on the material. Voluntary evacuation should be considered. Depending on the material, mandatory evacuation may be necessary. e. Contact the Minnesota Duty Officer (800-422-0798). f. Responders should remain uphill and upwind of the hazard until a zone of entry and a decontamination area are established.
264 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
g. An assessment should be made to determine if assistance is needed from outside agencies.
V. Reporting Exposures 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's supervisor in an incident report. 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 an incident report and injured on-duty reports.
VI. Supervisor Responsibilities When a supervisor has been informed that an employee has been exposed to a hazardous material, they shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure.
Date: 1/1/2019
Approved by Chief Rick Mathwig
265 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 335 Labor Disputes
I. Purpose and Scope This police provide guidance to officers responding to civil disturbances or labor disputes.
II. Policy It is the responsibility of the Roseville Police Department to preserve the peace while protecting the rights of individuals to peacefully assemble and exercise free speech. The department will only intervene when necessary and will take the least intrusive action necessary to maintain the peace. Officers shall display a neutral attitude for any labor dispute. Participants should be advised of their rights and any activities that would be deemed unlawful in order to preclude the need for arrests or enforcement action.
III. Initial Response The initial responding officer should notify the Duty Sergeant of any labor disputes. The responding officer should relay the following information: a. The number of participants. b. Identification of the leaders, contact information, and the purpose of the demonstration. c. Identification of complainant and desired police action. d. Potential for violence or disruptive behavior. e. Any observed or alleged criminal violations. f. Any need for additional equipment (barricades, personnel, etc.).
IV. Supervisor Responsibilities The On-Duty Supervisor should respond to the scene and attempt to meet with both sides and explain the Roseville Police Department Picket Line Guidelines. A copy of the guidelines should be provided to both sides. Although officers should only intervene when necessary, they are responsible for maintaining order in the community.
Date: 1/1/2019
Approved by Chief Rick Mathwig
266 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 336 Criminal Conduct on School Buses
I. Purpose and Scope This policy provides guidelines for responding to calls of criminal conduct on school buses. It also promotes cooperation among schools, parents, students, transportation providers, and the police. The results of this cooperation should help to provide a safer passage for students, drivers, and chaperones.
II. Policy It is the policy of the Roseville Police Department to respond to allegations of criminal conduct, which occur within our jurisdiction on school buses. This agency shall work with and consult school officials, transportation personnel, parents, and students to respond to these incidents to protect student safety and deal appropriately with those who violate the law. This policy recognizes that responding to reports of alleged criminal conduct on school buses within this jurisdiction is the responsibility of this agency in cooperation with any other law enforcement agency that has jurisdiction over the alleged offense.
This policy is not intended to interfere with or replace school disciplinary policies that relate to student misconduct on school buses (Minn. Stat. § 169.4581).
III. Procedure Officers shall respond to all criminal misconduct on school buses within the jurisdiction of this department regardless of the source of the report. Officers should take reasonable actions to complete the following: a. Provide for the safety of any person involved in the incident or present at the incident. b. Coordinate any appropriate care. c. Investigate reports of crimes committed on school buses using the same procedures as followed in other criminal investigations as appropriate for juveniles and/or adults. d. Issue citations, release pending further investigation, or apprehend and transport individuals committing crimes on school buses to the extent authorized by law. e. Submit reports regarding the incident for review, approval and consideration for prosecution. f. Complete follow-up and additional investigation as reasonably necessary to prepare a case pertaining to criminal conduct on school buses as required for prosecution. g. Provide information to the relevant school regarding the incident as required or authorized by law.
Date: 1/1/2019
Approved by Chief Rick Mathwig
267 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 337 Mass Arrests
I. Purpose and Scope This policy establishes consistent and effective procedures for dealing with mass arrests. Since this is an infrequent occurrence in this department’s jurisdiction, and therefore experience is not an appropriate teaching method, training in this policy is critical.
II. Policy It is the policy of this agency to properly plan and prepare for mass arrests, insofar as planning is possible, and to efficiently, effectively and consistently enforce laws and ordinances with regard to these occurrences.
III. Prosecutorial Actions The City Attorney and/or County Attorney will be briefed on the circumstances of the incident/operation and will advise the Chief of Police as to the most effective action in light of State Statutes, City Ordinances, and Rules of Criminal Procedure. It is advisable that a representative of the City Attorney's office be present at police headquarters during the entire operation for on-going consultation. At a minimum, a representative of the City Attorney's Office should be available by telephone during the entire operation.
IV. Roseville Police Personnel Roseville Police personnel will be assigned as primary arresting personnel. Roseville Police supervisors will supervise the arresting officers. If additional arresting officers are required, they will be obtained from outside agencies in accordance with existing mutual aid agreements. The Operations Lieutenant will be briefed on the possible activation of SWAT.
V. Media Relations If practical, the Chief of Police or a designee will hold a media briefing prior to the operation in order to answer media questions and to get necessary information to the public. An area from which the media may observe the operation will be designated by the Chief of Police or a designee. This area will be clearly designated for media use and will be situated so that it does not interfere with the operation. The Chief of Police or a designee will hold a post- operation media briefing or prepare and distribute a post-operation press release.
VI. Advance Notice to the Ramsey County Law Enforcement Center The Chief of Police or a designee will notify the Ramsey County Law Enforcement Center that mass arrests will be made at least one hour prior to the operation. At a minimum, the following information will be provided to jail personnel: a. Anticipated number of persons to be arrested. b. Level of charges (misdemeanor, gross misdemeanor, felony).
268 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Anticipated age and sex of arrestees.
VII. Transporting Arrested Persons a. Squad Cars: Roseville Police Department patrol vehicles will be used for transporting two to three arrestees at a time. Vehicles and personnel from outside agencies may be used to supplement efforts and will be obtained in accordance with existing Mutual Aid agreements. b. Busses or Vans: If appropriate, the Incident Commander will notify Ramsey County Dispatch to request the Metropolitan Council Transit Operations (MCTO) to send needed vehicles to the designated site. When transporting arrestees, one officer will be stationed at the front of each bus and one at the rear of each bus for security purposes. c. Searches: Arrestees will be searched upon arrest and prior to transport; the transport vehicle will also be searched before and after transport. d. Restraining Devices: Arrestees will be secured for transport by approved restraining device(s). e. Misdemeanor Arrestees: Individuals arrested on misdemeanor charges will be transported to the Roseville Police Department or other designated location for processing, unless other arrangements have been made and communicated by the Chief of Police. f. Gross Misdemeanor and Felony Arrestees: Individuals arrested on gross misdemeanor or felony charges will be grouped for transport to the Ramsey County Law Enforcement Center. g. Roseville Police personnel will be assigned as primary arresting personnel. Roseville police supervisors will supervise the arresting officers. If additional arresting officers are required, they will be obtained from outside agencies in accordance with existing Mutual Aid agreements.
VIII. Digital Recordings The Chief of Police will assign a member of the department or a representative of the department to digitally record the event, to the extent possible and as time permits.
IX. Adult Arrest and Booking Procedures a. Identification and Documentation: The same arresting officer will be used per ten arrests. Arrests will follow the Rules of Criminal Procedure. Arresting officers will identify each arrestee and complete a citation or criminal history sheet for gross misdemeanors or felonies. Arresting officers will make sufficient notes so that required citations and reports may be prepared. The name and charge will be reported to the Incident Commander prior to transport so that this information can be transmitted by telephone or radio to the County Jail. The Incident Commander will maintain a log of arrestee information. A digital photo will be taken of the officer and prisoner. b. Contraband and Illegal Weapons: Contraband and illegal weapons will be tagged and identified for additional criminal charges.
269 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Misdemeanor Arrestees: Processing for misdemeanor arrests will take place at the Roseville Police Department or other designation location, unless other orders are issued by the Chief of Police. Identification will be verified and the individuals will be handled per routine booking policy. d. Continued Detention and Visitor/Attorney Contact: The arrestee will be booked and processed according to departmental policy and procedure. The decision to release or continue detention of the arrestee will be made in accordance with department policy. Visitors, including contact with an attorney, will be allowed in accordance with department policy. In special cases, such as coordination of mass arrest procedures with other agencies, the Chief of Police may issue orders which supersede this policy. e. Equipment and Personnel Supplied by the Department: i. Medical treatment will be supplied by Allina and/or Roseville Fire. ii. Food, water, and toilet facilities will be provided, depending on the length of incarceration, and/or length of the booking process. iii. Security for all areas affected by the operation will be supplied or arranged by the Roseville Police Department. Personnel for the security detail will be drawn from a Police Department roster and supplemented by personnel from outside agencies in accordance with Mutual Aid agreements.
X. Juvenile Arrest and Booking Procedures a. Processing: If the arrestee is a juvenile, they will be taken into custody at the arrest site, searched and restrained in the same manner as an adult arrestee. A juvenile history form will be completed by the arresting officer and the juvenile will be transported to the Roseville Police Department or other designated area for processing. b. Processing by Juvenile Detective or School Liaison Officer: A detective and/or the School Liaison Officer will be assigned to process juvenile arrestees. Additional officers will be assigned if necessary. c. Documentation and Release or Detain: Juvenile arrestees will be processed in the same manner as any other juvenile offender. A report will be prepared and the juvenile arrestee will be released to his/her parents or guardians, or transported to the Juvenile Detention Facility as appropriate. Juvenile arrestees will not be detained at the Roseville Police Department or other facility except during processing, awaiting release, or awaiting transport to the Detention Facility.
Date: 1/1/2019
Approved by Chief Rick Mathwig
270 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 338 First Amendment Assemblies
I. Purpose and Scope This policy provides guidance for responding to public assemblies or demonstrations.
II. Policy The Roseville Police Department respects the rights of people to peaceably assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property.
III. General Guidelines Individuals or groups present on the public way, such as public facilities, streets or walkways, generally have the right to assemble, rally, demonstrate, protest or otherwise express their views and opinions through varying forms of communication, including the distribution of printed matter. These rights may be limited by laws or ordinances regulating such matters as the obstruction of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills, leafleting and loitering. However, officers shall not take action or fail to take action based on the opinions being expressed. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and prevent the destruction of property. Officers should not: a. Harass, confront or intimidate participants. b. Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest or any of the aforementioned items contains evidence of a crime.
IV. Response to Unplanned Events When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including the following: a. Location of incident. b. Number of participants. c. Apparent purpose of the event. d. Leadership (whether it is apparent and/or whether it is effective). e. Any initial indicators of unlawful or disruptive activity. f. Indicators that lawful use of public facilities, streets or walkways will be impacted. g. Ability and/or need to continue monitoring the incident. h. Initial assessment information should be promptly communicated to the Duty Sergeant. Additional resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another.
V. Planned Events For planned events, comprehensive, incident-specific operational plans should be
271 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
developed. In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include: a. Information obtained from outreach to group organizers or leaders. b. Information about past and potential unlawful conduct associated with the event or similar events. c. The potential time, duration, scope and type of planned activities. d. Any other information related to the goal of providing a balanced response to criminal activity and the protection of public safety interests.
VI. Operational Planning The Operations Lieutenant or designee will be responsible for developing an operational plan for the event. The operational plan will minimally provide for the following: a. Command assignments, chain of command structure, roles and responsibilities. b. Staffing and resource allocation. c. Management of criminal investigations. d. Designation of uniform of the day and related safety equipment. e. Deployment of specialized resources. f. Liaison with demonstration leaders and external agencies. g. Media relations. h. Logistics, including food, fuel, replacement equipment, duty hours, relief and transportation. i. Traffic management plans. j. First aid and emergency medical service provider availability. k. Prisoner transport and detention. l. Review of policies regarding public assemblies and use of force in crowd control. m. Arrest protocol, including management of mass arrests. n. Rules of engagement, including rules of conduct, protocols for field force extraction and arrests, and any authorization required for the use of force.
VII. Unlawful Assembly Dispersal Orders If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event.
Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, they should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through established communications links with leaders and/or participants or to the group.
When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or designee should make a clear standardized announcement to the gathering that the event is
272 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
an unlawful assembly, and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order.
VIII. Refusal to Comply Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to comply with lawful orders, the Incident Commander should, if reasonably able to do so, evaluate the type of resistance and adopt a reasonable response in order to accomplish the law enforcement mission (such as dispersal or arrest of those acting in violation of the law).
IX. Force Force or control devices, including chemical restraint, should be directed toward individuals and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due to extreme circumstances, such as a riotous crowd. Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report. The type of report required may depend on the nature of the incident.
X. Arrests The Roseville Police Department should respond to unlawful behavior in a manner that is consistent with the operational plan. If practicable, warnings or advisements should be communicated prior to arrest. Mass arrests should be employed only when alternate tactics and strategies have been, or reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the order of the Incident Commander or the authorized designee. There must be probable cause for each arrest.
XI. Training Department members should receive periodic training regarding this policy, as well as the dynamics of crowd control and incident management.
Date: 1/1/2019
Approved by Chief Rick Mathwig
273 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 339 Civil Commitments
I. Purpose and Scope This policy provides guidelines for when officers may place an individual in protective custody and request a 72-hour hold under the Minnesota Commitment and Treatment Act (Minn. Stat. § 253B.05).
II. Policy It is the policy of the Roseville Police Department to protect the public and individuals through the appropriate use of the emergency hold process.
III. Authority An officer, having reason to believe that any individual because of mental illness, chemical dependency, or public intoxication is in danger of injuring themselves or others if not immediately detained, may take, or cause to be taken, the individual to a treatment facility for an evaluation (Minn. Stat. § 253B.05, Subd. 2). The officer shall make a written application containing the officer’s reasons for and circumstances under which the individual was taken into custody.
IV. Voluntary Evaluation If an officer encounters an individual who may qualify for an emergency hold, they may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the individual so desires, the officers should: a. Transport the individual to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to the Minnesota Commitment and Treatment Act. b. If at any point the individual changes their mind regarding voluntary evaluation, officers should proceed with the application for an emergency hold, if appropriate. c. Document the circumstances surrounding the individual’s desire to pursue voluntary evaluation and/or admission.
V. Criminal Offenses Officers investigating an individual suspected of committing a minor criminal offense and who is being taken into custody for emergency hold purposes should resolve the criminal matter by issuing a warning or a citation, as appropriate. When an individual who may qualify for an emergency hold has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should: a. Arrest the individual when there is probable cause to do so. b. Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the hold. c. Facilitate the individual’s transfer to jail. d. Thoroughly document in the related reports the circumstances that indicate the individual may qualify for a hold.
274 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
In the supervisor’s judgment, the individual may instead be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources (e.g., posting a guard) and other relevant factors in making this decision.
VI. Firearms and Other Weapons Whenever an individual is taken into custody for an emergency hold, the responding officers should seek to determine if the individual owns or has access to any firearm or other deadly weapon. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping, evidence, consent).
Officers are cautioned that a search warrant may be needed before entering a residence or other place to search unless lawful warrantless entry has already been made (e.g., exigent circumstances, consent). A warrant may also be needed before searching for or seizing weapons. The handling officers should further advise the individual of the procedure for the return of any firearm or other weapon that has been taken into custody.
VII. Transportation Absent exigent circumstances or sergeant approval, all transports for emergency holds shall be conducted by medical personnel. Officers may transport intoxicated individuals to a hospital or detox facility unless the individual is in need of immediate medical care. When transporting any individual on a Minn. Stat. § 253B.05 admission, and if reasonably practicable, officers should not be in uniform and should not use a vehicle visibly marked as a law enforcement vehicle (Minn. Stat. § 253B.05, Subd. 2(b)).
VIII. Training The department will provide comprehensive training to all department members to enable them to effectively interact with persons in crisis. Additionally, the Deputy Chief will ensure that officers attend training in crisis intervention and mental illness crises as required by Minn. Stat. § 626.8469.
Date: 1/1/2019
Approved by Chief Rick Mathwig
275 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 340 Persons in Crisis
I. Purpose and Scope This policy provides guidelines for interacting with those who may be experiencing a mental health or emotional crisis. It often requires an officer to make difficult judgments about a person’s mental state and intent in order to effectively and legally interact with the individual.
II. Policy The Roseville Police Department is committed to providing a consistently high level of service to all members of the community and recognizes that persons in crisis may benefit from intervention. When possible, the department will collaborate with mental health professionals.
III. Definition Person in crisis: A person whose level of distress or mental health symptoms have exceeded the person’s internal ability to manage their behavior or emotions. A crisis can be precipitated by any number of things, including an increase in the symptoms of mental illness despite treatment compliance; non-compliance with treatment, including a failure to take prescribed medications appropriately; or any other circumstance or event that causes the person to engage in erratic, disruptive or dangerous behavior that may be accompanied by impaired judgment.
IV. Officers Response Officers should be alert to any of the following possible signs of mental health issues or crises, which include: a. A known history of mental illness. b. Threats of or attempted suicide. c. Loss of memory. d. Incoherence, disorientation or slow response. e. Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas f. Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or guilt. g. Social withdrawal. h. Manic or impulsive behavior, extreme agitation, lack of control. i. Lack of fear. j. Anxiety, aggression, rigidity, inflexibility or paranoia.
V. Officer Safety Safety is a priority for responding officers. Individuals under the influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a mental health crisis. These individuals may still present a serious threat to officers; such a threat should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an
276 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
officer’s authority to use reasonable force when interacting with a person in crisis. An officer responding to a call involving a person in crisis should: a. Promptly assess the situation independent of reported information and make a preliminary determination regarding whether a mental health crisis may be a factor. b. As necessary, request available backup officers and specialized resources. If it is reasonably believed that the person is in a crisis situation use conflict resolution and de- escalation techniques to stabilize the incident, as appropriate. c. If feasible, and without compromising safety, turn off flashing lights, bright lights or sirens. d. Attempt to determine if weapons are present or available. e. Take into account the person’s mental and emotional state and potential inability to understand commands or to appreciate the consequences of their action or inaction, as perceived by the officer. f. Secure the scene and clear the immediate area as necessary. g. Employ tactics to preserve the safety of all participants. h. Determine the nature of any crime. i. Request a supervisor, if warranted. j. Evaluate any available information that might assist in determining cause or motivation for the person’s actions or stated intentions.
VI. De-Escalation Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis. Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed responding members should be aware of the following considerations and should generally: a. Evaluate safety conditions. b. Introduce themselves and attempt to obtain the person’s name. c. Be patient, polite, calm, courteous, and avoid overreacting. d. Speak and move slowly and in a non-threatening manner. e. Moderate the level of direct eye contact. f. If possible remove distractions or disruptive people from the area. g. Demonstrate active listening skills (e.g., summarize the person’s verbal communication).
VII. Supervisor Responsibilities When requested responding supervisors should: a. Attempt to secure appropriate and sufficient resources. b. Closely monitor any use of force, including the use of restraints, and ensure that those subjected to the use of force are provided with access to medical care. c. Ensure that all reports are completed and that incident documentation uses appropriate terminology and language.
VIII. Training The department will develop and provide comprehensive education and training to all
277 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
department members to enable them to effectively interact with persons in crisis. Additionally, the Deputy Chief will provide officers with in-service training in crisis intervention and mental illness crises as required by Minn. Stat. § 626.8469.
Date: 1/1/2019
Approved by Chief Rick Mathwig
278 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 341 Communicating With Persons with Disabilities
I. Purpose and Scope This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind.
II. Policy It is the policy of the Roseville Police Department to reasonably ensure that people with disabilities, including victims, witnesses, suspects, and arrestees have equal access to law enforcement services, programs, and activities. The department will make efforts to communicate effectively with individuals with disabilities. The department will not discriminate against or deny any individual access to services, rights, or programs based upon disabilities.
III. Definitions Definitions related to this policy include: a. Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter. b. Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the disabled person uses assistive or adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102). This includes those who, because of a hearing, speech or other communication disorder, cannot fully understand any charges made against them, the seizure of their property or they are incapable of presenting or assisting in the presentation of a defense (Minn. Stat. § 611.31). c. Qualified Interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, transliterators, sign language interpreters and intermediary interpreters.
IV. Considerations Officers should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs, and activities. These factors may include, but are not limited to:
279 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean they completely understand the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding. b. The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision). c. The nature of the law enforcement contact (e.g., emergency vs. non-emergency, custodial vs. consensual contact). d. The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used.
V. Initial Considerations Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Members should exercise special care in the use of all gestures and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities.
In a non-emergency situation when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual's choice of auxiliary aid or service. The individual's preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160). Factors to consider when determining whether an alternative method is effective include: a. The methods of communication usually used by the individual. b. The nature, length, and complexity of the communication involved. c. The context of the communication. d. In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services that reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference, and give primary consideration to that preference. e. If an individual who is deaf, hard of hearing, or has impaired speech must be handcuffed, consideration should be given, safety permitting, to placing the handcuffs in the front of the body to facilitate communication using sign language or writing.
VI. Assistance Officers shall never refuse to assist an individual with disabilities who is requesting assistance. The department will not charge anyone to receive auxiliary aids, nor shall they
280 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
require anyone to furnish their own auxiliary aid or service as a condition for receiving assistance. The department will make every reasonable effort to provide equal access and timely assistance to individuals who are disabled through a variety of services. A person who is disabled may choose to accept department-provided auxiliary aids or services, or they may choose to provide their own.
VII. Audio Recordings and Enlarged Print The department may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, members may read aloud from the appropriate form; for example, a complaint form, or provide forms with enlarged print.
VIII. Qualified Interpreter A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a victim, witness, suspect, or arrestee), if the individual to be interviewed normally relies on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the case or the investigation. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a court proceeding. Qualified interpreters should be: a. Available by some means, even remotely, within a reasonable amount of time, but in no event longer than one hour if requested. b. Experienced in providing interpretation services related to law enforcement matters. c. Familiar with the use of VRS or video remote interpreting services. d. Certified in either American Sign Language (ASL) or Signed English (SE). e. Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. f. Knowledgeable of the ethical issues involved when providing interpreter services.
Members should use department-approved procedures to request a qualified interpreter at the earliest reasonable opportunity, and generally not more than 15 minutes after a request for an interpreter has been made, or it is reasonably apparent that an interpreter is needed. No individual who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160).
IX. TTY and Relay Services In situations where an individual without a disability would have access to a telephone (e.g., booking or attorney contacts), members must also provide those who are deaf, hard of hearing, or have impaired speech the opportunity to place calls using an available TTY (also known as a telecommunications device for deaf people, or TDD). Members shall provide additional time as needed for effective communication due to the slower nature of TTY and TDD communications.
281 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
The department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing, and received via a telecommunications relay service (28 CFR 35.162). Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller.
X. Community Volunteers Interpreter services may be available from community volunteers who have demonstrated competence in communication services such as ASL or SE, and have been approved by the department to provide interpreter services. Where qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact, and the relationship between the individual with the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance.
XI. Family and Friends While family or friends may offer to assist with interpretation, members should carefully consider the circumstances before relying on such individuals. The nature of the contact, and relationship between the individual with the disability and the person offering services must be carefully considered (e.g., victim/suspect). Children shall not be relied upon, except in emergency or critical situations, when there is no qualified interpreter reasonably available. Adults may be relied upon when (28 CFR 35.160): a. There is an emergency or critical situation and there is no qualified interpreter reasonably available. b. The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances.
XII. Documentation Whenever any member of this department is required to complete a report or other documentation and communication assistance has been provided, such services should be noted in the related report. Members should document the type of communication services utilized, and whether the individual elected to use services provided by the Department or some other identified source. If the individual's express preference is not honored, the member must document why another method of communication was used. All written communications exchanged in a criminal case shall be attached to the report or placed into evidence.
XIII. Field Contacts Field contacts include traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control, and other routine field contacts that may involve individuals with disabilities. The scope and nature of these activities and contacts will inevitably vary.
282 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
The department recognizes it would be virtually impossible to provide immediate access to complete communication services to every member of this department. Members and supervisors must assess each situation and consider the length, complexity, and importance of the communication, as well as the individual's preferred method of communication, when determining the type of resources to use and whether a qualified interpreter is needed.
Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information, and the meaning or consequences of any enforcement action.
If available, officers should obtain the assistance of a qualified interpreter before placing an individual with a disability under arrest. Individuals who are arrested and are assisted by service animals should be permitted to make arrangements for the care of such animals prior to transport.
XIV. Resources Available Examples of methods that may be sufficient for transactions such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress may, depending on the circumstances, include such simple things as: a. Hand gestures or visual aids with an individual who is deaf, hard of hearing or has impaired speech. b. Exchange of written notes or communications. c. Verbal communication with an individual who can speech-read by facing the individual and speaking slowly and clearly. d. Use of computer, word processing, personal communication device or similar device to exchange texts or notes. e. Slowly and clearly speaking or reading simple terms to individuals who have a visual or mental impairment.
Members should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances.
XV. Custodial Interrogations In an effort to ensure the rights of individuals who are deaf, hard of hearing, or have speech impairment are protected during a custodial interrogation, this department will provide interpreter services before beginning an interrogation, unless exigent circumstances exist.
Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a qualified interpreter, or by providing a written Miranda warning card. To ensure that communications during custodial investigations are accurately documented and are admissible as evidence, as with all custodial interviews, interrogations should be recorded whenever reasonably possible.
283 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XVI. Interpreter Mandates The investigating or arresting officer shall immediately make necessary contacts to get a qualified interpreter for a person in custody at the earliest possible time (Minn. Stat. § 611.32). The following shall be explained with the assistance of the qualified interpreter (Minn. Stat. § 611.32): a. All charges filed against the person. b. All procedures relating to the person's detainment and release. c. In the case of any seizure under the Asset Forfeiture Policy. d. The possible consequences of the seizure. e. The person's right to judicial review.
XVII. Interpreter Oath Required Every qualified interpreter shall be administered and take the following oath prior to assisting in taking a statement related to a criminal matter from an in-custody deaf or hard of hearing person (Minn. Stat. § 611.33): "I will make, to the best of my skill and judgment, a true interpretation to the disabled person being examined of all the proceedings, in a language which said person understands, and to repeat the statements, in the English language, of said person to the officials before whom the proceeding is taking place."
XVIII. Custodial Arrests and Bookings If an individual with speech or hearing disabilities is arrested, the arresting officer shall use department-approved procedures to provide a qualified interpreter at the place of arrest or booking as soon as reasonably practicable, unless the individual indicates that they prefer a different auxiliary aid or service or the officer reasonably determines another effective method of communication exists under the circumstances.
When gathering information during the booking process members should remain alert to the impediments that often exist when communicating with those who are deaf, hard of hearing, who have impaired speech or vision, are blind, or have other disabilities. In the interest of the arrestee’s health and welfare, the safety and security of the facility and to protect individual rights, it is important that accurate medical screening and booking information be obtained. If necessary, members should seek the assistance of a qualified interpreter whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by the individual.
Individuals who require and possess personally owned communication aids (e.g., hearing aids, cochlear processors) should be permitted to retain them while in custody.
XIX. Complaints The department shall ensure that individuals with disabilities who wish to file a complaint regarding members of this department are able to do so. The department may provide a qualified interpreter or forms in enlarged print, as appropriate. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Qualified
284 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
interpreters used during the investigation of a complaint should not be members of this department.
XX. Community Outreach Community outreach programs and other such services offered by this department are important to the ultimate success of more traditional law enforcement duties. This department will continue to work with community groups, local businesses, and neighborhoods to provide equal access to such programs and services.
Date: 1/1/2019
Approved by Chief Rick Mathwig
285 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 342 Interactions with Transgender Individuals
I. Purpose and Scope This policy establishes guidelines in providing service to the transgender community.
II. Policy The Roseville Police Department is committed to providing a consistently high level of service to all members of the community, without consideration of a person’s actual or perceived race, color, sex, gender, gender identity/expression, religious creed, sexual orientation, age, national origin, ancestry, handicap or disability. All members will act, speak, and conduct themselves in a professional manner towards an individual, or group of individuals, who identify as transgender or an associated subgroup. Members will not make discourteous or disrespectful remarks regarding another person’s actual or perceived gender, gender identity/expression, or sexual orientation.
III. General Guidelines During interactions with transgender individuals, members will respectfully treat individuals in a manner appropriate to their gender, or gender identity/expression. Members should address the individuals using the preferred pronouns and adopted name expressed by the individual, even if the name is not legally recognized. If one is uncertain about which gender the individual wishes to be addressed, one may respectfully ask the individual.
Members will not require proof of gender or challenge a person’s gender identity or expression unless legally necessary. Members shall not use language that a reasonable person would find demeaning or derogatory with regard to an individual’s actual or perceived gender, gender identity/expression, or sexual orientation.
IV. Documentation For official documentation purposes, officers should document individual details as recorded on a government-issued identification or in a database. Unless an individual has completed gender conforming/affirming surgery or court-ordered name change, any arrestee’s gender and/or name shall be documented by their government-issued identification. Any name used by the arrestee in reference to their gender identity/expression should be listed as an alias.
V. Searches Unless there are exigent circumstances, an individual may request a preference of officer gender for searches. If requested, officers should accommodate an individual’s request to be searched by an officer of a specific gender when possible.
VI. Transportation If the individual requests, and whenever possible, transgender individuals will be
286 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
transported alone.
Date: 1/1/2019
Approved by Chief Rick Mathwig
287 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 343 Communicating with Persons with Limited English Proficiency
I. Purpose and Scope This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP).
II. Policy The Roseville Police Department reasonably ensures that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens. The 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.
III. Types of Assistance Roseville Police Officers should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services.
The department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept department-provided LEP services at no cost or they may choose to provide their own.
IV. Qualified Bilingual Members Bilingual members may be qualified to provide LEP services when they have demonstrated through established department procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Members utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit. Additionally, bilingual members must be able to communicate technical and law enforcement terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities. When a qualified bilingual member from this department is not available, personnel from other city departments, may be requested.
V. Authorized Interpreters The department may contract with authorized interpreters who are available over the telephone. Other sources may include: a. Qualified bilingual members of this department or personnel from other city departments. b. Individuals employed exclusively to perform interpretation services.
288 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Contracted in-person interpreters, such as state or federal court interpreters, among others. d. Interpreters from other agencies who have been qualified as interpreters by this department, and with whom the department has a resource-sharing or other arrangement that they will interpret according to department guidelines.
VI. Community Volunteers and Other Sources of Language Assistance Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the department to communicate with LEP individuals.
Where qualified bilingual members or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance.
While family or friends of an LEP individual may offer to assist with communication or interpretation, members should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations.
VII. Custodial Interrogations Only qualified bilingual members or, if none is available or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda warnings shall be provided to suspects in their primary language by the qualified bilingual member or an authorized interpreter. In order to ensure that translations during custodial interrogations are accurately documented and are admissible as evidence, interrogations shall be recorded.
VIII. Notification Mandates The investigating or arresting officer shall immediately make necessary contacts to get an authorized interpreter for an in-custody LEP person at the earliest possible time in order to assist the person throughout the interrogation or taking of a statement. This applies even when the interrogation will be conducted by a bilingual member (Minn. Stat. § 611.32). The following shall be explained to the LEP person with the assistance of the authorized interpreter (Minn. Stat. § 611.32): a. All charges filed against the person. b. All procedures relating to the person's detainment and release. c. In the case of any seizure under the provisions of the Asset Forfeiture Policy. i. The possible consequences of the seizure.
289 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. The person's right to judicial review.
Date: 1/1/2019
Approved by Chief Rick Mathwig
290 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 344 Diplomatic and Consular Officials
I. Purpose and Scope This policy provides guidelines to ensure that members of the Roseville Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law.
II. Policy The Roseville Police Department respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States. All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them.
III. Definitions a. Foreign National: Anyone who is not a citizen of the United States. A person with dual U.S. and foreign citizenship is not a foreign national. b. 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 and consulates) 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.
IV. Claims of Immunity Diplomatic Officers should not be cited, arrested or detained. If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay: a. Notify a supervisor. b. Advise the person that their claim will be investigated and they may be released in accordance with the law upon confirmation of the person’s status. c. Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. d. Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances. e. Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed. f. Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession
291 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state.
V. Enforcement Action If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following: a. Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation. b. All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts. c. An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities. Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled. d. The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized: i. Diplomatic-level staff of missions to international organizations and recognized family members. ii. Diplomatic agents and recognized family members. iii. Members of administrative and technical staff of a diplomatic mission and recognized family members. iv. Career consular officers, unless the person is the subject of a felony warrant.
IX. Report Required All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS.
Date: 1/1/2019
Approved by Chief Rick Mathwig
292 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 345 Citizens Arrests
I. Purpose and Scope The purpose of this policy is to provide guidance for the handling of private person's arrests made pursuant to Minn. Stat. § 629.30 Subd. 2 (4).
II. Policy When an officer is unable to take enforcement action, but feels that a citizen can, officers shall advise citizens of their right to make a private person’s arrest. In all situations, officers should use sound discretion in determining whether to advise an individual of the arrest process.
III. General Guidelines a. When advising any individual regarding the right to make a private person's arrest, officers should refrain from encouraging or dissuading any individual from making such an arrest, and should instead limit advice to the legal requirements for such an arrest, as listed below. b. Private individuals should be discouraged from using force to effect a private person's arrest. Absent immediate threat to their own safety or the safety of others, private individuals should be encouraged to refer matters to law enforcement officials for further investigation or arrest. c. Private individuals shall be informed of the requirement to take the arrested person before a judge or to a peace officer without unnecessary delay (Minn. Stat. § 629.39).
IV. Arrests by a Private Person A private person may arrest another under the following circumstances (Minn. Stat. § 629.37): a. For a public offense committed or attempted in their presence. b. When the person arrested has committed a felony, although not in their presence. c. When a felony has been committed, and they have reasonable cause for believing the person to be arrested committed the felony. d. When directed by a judge or a peace officer to arrest another person (Minn. Stat. § 629.403).
V. Officer Responsibilities Any officer presented with a private person wishing to make an arrest must determine whether 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 take no action to further detain or restrain the individual beyond that which reasonably appears necessary to investigate the matter, determine the lawfulness of the arrest, and protect the public safety.
293 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
i. Any officer who determines that a private person's arrest appears to be unlawful should promptly release the arrested individual. The officer must include the basis of such a determination in a related report. ii. Absent reasonable cause to support a private person's arrest or other lawful grounds to support an independent arrest by the officer, the officer should advise the parties that no arrest will be made and that the circumstances will be documented. b. Whenever an officer determines that there is reasonable cause to believe that a private person's arrest is lawful, the officer may exercise any of the following options: i. Take the individual into physical custody for booking. ii. Release the individual upon a misdemeanor citation or pending formal charges.
VI. Citizen Arrest Form In all circumstances in which a private person is claiming to have made an arrest, the individual must complete and sign a Department Citizen's Arrest Form. If the person fails or refuses to do so, the arrest subject shall be released unless the officer has an independent reason to take the person into custody. In addition to the Citizen's Arrest Form (and any other related documents, such as citations and booking forms), officers shall complete a narrative report regarding the circumstances and disposition of the incident.
Date: 1/1/2019
Approved by Chief Rick Mathwig
294 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 346 Animal Control
I. Purpose and Scope This policy provides guidelines for responding to calls for service involving animals.
II. Policy Community Service Officers are primarily responsible for enforcing laws relating to animals and for resolving animal problems as outlined in this policy (Minn. Stat. § 343.20 Subd. 5). The Roseville Police Department does not normally respond to wildlife complaints unless the animal is an immediate threat to humans.
III. Officer Responsibilities In the absence of a community service officer, officers may be dispatched to animal-related calls and should take appropriate actions to control the situation. An officer may remove, shelter, and care for any animal that is not properly sheltered from cold, heat, or inclement weather, or any animal not properly fed and watered or provided with suitable food and drink, in circumstances that threaten the life of the animal (Minn. Stat. § 343.29 Subd. 1).
When a community service officer is not available or during hours when they are not on- duty, the following animal-related calls for service will be handled by the appropriate on- duty officer. a. When there is a threat to public safety. b. When an animal has bitten someone. c. The situation involves an animal that is dangerous or aggressive. d. When an animal is creating a traffic hazard. e. When the owner has been arrested and there is no alternative placement for the animal. f. When an animal is gravely injured. g. Animal noise complaints (based on availability of officers to respond).
IV. Animal Cruelty Complaints Officers and community service officers shall investigate all reports of animal cruelty pursuant to Minn. Stat. § 343.12.
V. Stray Dogs If the owner of a stray dog can be located, the owner should be contacted if reasonably possible (Minn. Stat. § 343.29 Subd. 1). If the owner is located, the dog should be released to the owner and a citation may be issued. If a dog is taken into custody, it shall be transported to the St. Paul Animal Control Center. An animal drop off form must be completed and the animal impound procedures followed.
VI. Recovered and Stray Cats Roseville police officers or community service officers are not authorized to impound lost or
295 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
recovered cats except when a citizen is unable to transport the animal, or when an officer reasonable believes the cat represents a public safety risk, or when a cat requires quarantine due to a bite, or in other circumstances approved by the police chief or their designee (e.g., sick, injured, abandoned, or in imminent risk of becoming sick, injured or abandoned, such as orphaned kittens, cats stuck in sewers, etc.). Owners wishing to surrender cats, or residents concerned about outdoor cats that are apparently healthy should seek out the Animal Humane Society or other nongovernmental resources.
Recovered cats meeting the necessary impound criteria should be placed at the St. Paul Animal Control Center. Other recovered cats will be placed in a temporary holding carrier at the police department and a community service officer will make arrangements to have the cat placed at an appropriate shelter as soon as practical.
VII. Animal Bites to Humans Community service officers or officers shall make every effort to capture and impound any stray animals that have bitten a human. The following actions and enforcement are required when an animal bites a human (Minn. R. 1721.0580): a. If a dog, cat or ferret bites a human, the animal must be confined and observed for signs suggestive of rabies for 10 days or euthanized and tested for rabies. If at any time during the 10-day observation the animal dies, it must be tested for rabies. If the animal shows signs suggestive of rabies, it must be euthanized and tested for rabies. b. If an animal other than a dog, cat or ferret bites a human it must be evaluated on an individual basis by the animal control authority in conjunction with the recommendations of the Minnesota Department of Health. The animal may be confined and observed for signs suggestive of rabies. If requested by the Department of Health, the animal must be euthanized and tested for rabies.
VIII. Injured Animals When responding to injured animal incidents, reasonable attempts shall be made to contact the owner of any injured domesticated animal. When the owner cannot be located and the animal is not an immediate danger to the community, it may be taken to a doctor of veterinary medicine as described below. a. During normal business hours, the animal may be taken to an authorized veterinary care clinic. b. If after normal business hours, the on-duty supervisor should be notified and make the decision if the animal should be taken to an authorized veterinary emergency services clinic. c. Injured wildlife should be referred to the Wildlife Rehabilitation Center of Minnesota. An officer may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and other options are impractical. When possible, injured domestic animals should be euthanized only after a reasonable search to locate the owner has been made.
296 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
IX. Post-Arrest Procedures The arresting officer should make a reasonable effort to ensure that animals or pets under a person’s care will be provided with adequate care when that person is arrested. This is only required when there is no person to provide care and the arrestee is expected to be in custody for a time period longer than would reasonably allow him/her to properly care for the animals. With the owner’s consent, relatives or neighbors may be contacted to assist.
Date: 1/1/2019
Approved by Chief Rick Mathwig
297 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 400 Criminal Investigation Administration
I. Purpose and Scope This policy defines areas of responsibility within the department's investigative process and to outline procedures to coordinate, direct, monitor and evaluate the overall investigative effort.
II. Policy The Roseville Police Department will maintain appropriate administrative and operational capabilities within the Investigations Division to ensure efficient and effective criminal investigations.
III. Criminal Investigations Function Established Criminal investigations for complex and/or time-consuming cases, or those which require specific investigative expertise, are performed primarily by the Investigations Division. The Investigations Division is comprised of detectives, detective sergeant, family violence detective, narcotics officer, impact officers, and school liaison officer, all of whom hold the rank of officer. The Investigative Lieutenant is in charge of the Investigations Division and directs its activities.
The Investigations Division is generally responsible for conducting follow-up investigations to cases referred by the Patrol Division. Under certain circumstances, the Investigations Division also may handle preliminary investigations which are usually performed by the Patrol Division.
IV. Case Screening Follow-up investigations on all cases are evaluated and assigned by the Investigative Lieutenant, designee, or detective sergeant based upon caseload, case assignment, and an evaluation of case solvability factors. Case solvability factors include, but are not limited to, the following: a. Reliability of witnesses. b. Suspect is named. c. Suspect is described. d. Suspect's location is known. e. Suspect is identified. f. Suspect has been previously seen. g. Suspect vehicle is described. h. Suspect vehicle is identified. i. Property is traceable. j. Modus operandi is significant. k. There is usable physical evidence. l. There was limited opportunity for anyone other than the suspect to commit the crime.
298 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
m. The case may be solved with reasonable additional investigative effort. n. Other factors that are applicable only in exceptional circumstances: i. The case is of significant importance to the community. ii. There is potential imminent danger to victims or witnesses. iii. The seriousness of offense. iv. There is a characteristic pattern, frequency, or modus operandi related to the case. v. Management decisions to pursue a case, regardless of solvability factor.
V. Case Assignment The Investigative Lieutenant will determine which detective will be assigned to each case based upon: a. The detective’s expertise in a particular type of crime. b. Needed special talents possessed by particular detectives. c. The individual detective's workload.
VI. Priority Cases The Investigative Lieutenant may reallocate personnel and resources within the Division for priority case needs. If additional resources are required from outside the Division, arrangements will be made upon a review by the Investigative Lieutenant and their direct supervisor.
VII. Major Case Investigation Major case investigative efforts will be discontinued upon recommendation from the Investigative Lieutenant, with the approval of their supervisor.
VIII. Oversight Responsibility The Investigative Lieutenant is responsible for overseeing and keeping current on all assigned cases. The policies contained in this section also apply to patrol supervisors in cases which may be assigned to their personnel.
IX. Case Status Designations All offenses investigated by the Roseville Police Department will be assigned one of the following classifications: a. Unfounded: Meaning that the facts of the case revealed that the alleged criminal offense had not taken place. b. Cleared by Arrest: A case where the suspect or suspects connected with the investigation have been arrested and/or charged. c. Exceptionally Cleared: The case is satisfactorily concluded and prosecution of the suspect or suspects is not being sought. d. Inactive: The known available leads have been covered but the case has not been brought to a satisfactory conclusion and investigative efforts may be resumed. e. Pending: An open case which is currently assigned to an officer for continuing investigation.
299 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. Referred to Outside Agency: A case has been referred to another investigating agency.
X. Investigative Case Status The Investigative Lieutenant, or designee, will assign active cases to detectives. Relevant data such as when the case was assigned, to whom it was assigned and the status of the investigation are contained in the records management system, case management module. Additionally, the status of each case is reviewed by the Investigative Lieutenant and the detective or officer assigned to it. A change in the case status may be made based upon the review.
XI. Suspension of Investigation The effective management of criminal investigations requires a critical evaluation of the nature of the offense and an ongoing assessment of its probable solvability. The status of a case follow-up investigation shall be determined through supervisory review and evaluation of all pertinent information. Patrol and/or investigation supervisors shall reevaluate the inactive status of any case upon receipt of relevant new information. Criteria for inactivating an investigation shall include: a. The absence of further leads or solvability factors. b. Unavailability of investigative resources. c. The seriousness of the offense.
XII. Investigative Accountability Preliminary criminal investigations are routinely handled by the Patrol Division; unless circumstances or policy indicates that a detective must be called, or may be called at the discretion of the Duty Sergeant. Follow-up criminal investigations may be handled by either the Patrol or Investigations Divisions, depending on the circumstances. Department policy is to involve the patrol division in as much follow-up investigation as individual schedules permit. Responsibility for follow-up investigation assignments is borne by the Investigative Lieutenant. Decisions regarding follow-up will be settled by the Investigative Lieutenant.
XIII. 24-Hour Investigative Coverage Investigative services will be available 24 hours each day. The Investigative Lieutenant will issue a call out list indicating the order in which detectives are to be called out, if needed. The list will include the detectives’ contact phone numbers, and may be changed weekly, monthly or over any other period at the Investigative Lieutenant’s discretion. The list will be posted or distributed to the patrol sergeants. The Investigative Lieutenant will determine whether a detective, crime lab or other agency needs to be present at the scene and make the appropriate contacts.
XIV. Investigative Task Forces The Department's participation in investigative task forces which combine resources of two or more agencies, must be approved by the Chief of Police upon recommendation by either the command staff, Investigative Lieutenant, or at the request of the Chief or designate.
300 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Prior to participation in an investigative task force, a joint powers agreement or other written policy will establish the following: a. Identification of purpose b. Definition of authority and responsibilities c. Accountability d. Available resources e. A system for evaluating results and determining the necessity of continuing the task force.
Date: 1/1/2019
Approved by Chief Rick Mathwig
301 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 401 Criminal Investigation Operations
I. Purpose and Scope This policy establishes operational procedures for conducting criminal investigations.
II. Policy The Roseville Police Department performs preliminary and follow-up investigations at appropriate levels within the organization and utilizes all available resources to successfully conclude investigations.
III. Initial Investigations An officer responsible for an initial investigation shall make a preliminary determination if a crime has been committed by obtaining an initial statement from any witnesses or complaints and conducting a cursory examination for possible evidence. If information indicates a crime has occurred, officers should: a. Preserve the scene and any evidence as required to complete the initial and follow-up investigation. b. Determine if additional investigative resources (e.g., investigators or scene processing) assistance is necessary and request assistance as required. c. If assistance is warranted, or if the incident is not routine, notify a supervisor or Duty Sergeant. d. Interview all available victims, informants, complainants, witnesses, and suspects. e. Make reasonable attempts to locate, identify, and interview all available victims, complainants, witnesses, and suspects. f. Collect any evidence. g. Take any appropriate law enforcement action. h. Complete and submit the appropriate reports and documentation.
If the preliminary determination is that no crime occurred, determine what other action may be necessary and what other resources may be available, and advise the informant or complainant of this information.
IV. Follow up Investigation Steps The purpose of the follow-up investigation is to seek and provide additional evidence pertinent to the crime in order to affect the arrest of an offender. Basic steps include: a. Review and analyze all previous reports prepared in the preliminary phase, departmental records and laboratory report. b. Conduct additional interviews and interrogations. c. Seek additional information (from uniformed officer, informants, etc.). d. Plan, organize and conduct searches. e. Collect physical evidence. f. Identify and apprehend suspects. g. Determine involvement of suspects in other crimes.
302 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
h. Check suspect’s criminal histories. i. Prepare cases for court presentation. j. Inform the victim of the progress of the case. k. Make second contact via letter, e-mail, telephone or personal calls, with principals involved in the case to get additional information and to demonstrate concern.
V. Patrol Responsibility for Follow-Up Investigations The assigned patrol officer will be responsible for conducting and completing the investigations of all non-criminal calls for service and for crimes not specifically authorized for transfer by the Duty Sergeant. a. The patrol officer will request assistance from the Duty Sergeant whenever necessary. b. The follow-up investigations of most misdemeanor crimes can be completed by the patrol officer. Misdemeanor offenses should only be transferred to the Investigation Division for follow-up with permission of the Duty Sergeant. c. Occasionally, additional investigation will be required at the end of the assigned officer's shift. In such cases, the Duty Sergeant will determine whether to discontinue the investigation until the assigned officer's next shift, or to continue the assigned officer's shift until satisfactory progress has been made, or have officers on the relieving shift continue the investigation. Except in cases where the investigation would be jeopardized by temporary discontinuance, it should remain the responsibility of the assigned officer. d. When an element of immediate need exists at the end of the shift, the assignment of continuing the investigation should be made by the Duty Sergeant assigned to the oncoming shift.
VI. Investigation Division Responsibility for Follow-Up The investigative division will be responsible for conducting follow-up investigations of cases referred to the division by the Duty Sergeants. a. Case assignment remains the prerogative of the Investigative Lieutenant for referral to other investigators or re-assignment to the Patrol Division. b. The investigation should be follow-up in nature and not a repetition of the activities of the preliminary investigation. c. Complex or serious offenses may require the immediate assignment of investigators to the scene to begin a follow-up investigation. The Duty Sergeant will notify the Investigative Lieutenant in such cases. d. The Investigative Lieutenant will assign investigative personnel as required, suggest a course of action for the assigned patrol officer to pursue or defer follow-up to a later time. Investigative personnel should not report to the crime scene unless assigned or notified to do so. e. Upon the arrival of investigative personnel, the patrol officer will relinquish responsibility for the investigation unless otherwise instructed. The assigned patrol officer will obtain adequate information to properly complete the necessary
303 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
reports.
VII. Periodic Attendance at Roll Call Periodic exchange of information between patrol and investigative officers is essential both to enhance inter-divisional relationships and to optimize the provision of law enforcement services. To accomplish this exchange, Investigation Division representatives may attend roll call at either the Investigative Lieutenant's or the Duty Sergeant's request. Information exchanged may include relevant case developments, crime trends, requests for patrol assistance in specific enforcement areas, and relevant investigative information.
VIII. Investigative Lieutenant The Investigative Lieutenant is responsible for overseeing and keeping current on all assigned cases. The policies contained in this section also apply to patrol supervisors in cases that may be assigned to their personnel.
IX. Use of Polygraph Polygraphs and other technical aids for the detection of deception may be used by department detectives when such use reasonably enhances the investigation of a case and the subject voluntarily participates in the examination. The polygraph may be used to verify, corroborate, or refute statements; obtain additional investigative leads; or narrow or focus criminal investigations. When technical aids for detection of deception are used, the person administering the examination must be a properly certified graduate of a recognized institution providing training on the relevant equipment. The officer arranging the examination is responsible for verifying operator credentials.
X. Field Identifications 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 line-up identifications. 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: i. The length of time the witness observed the suspect. ii. The distance between the witness and the suspect. iii. Whether the witness could view the suspect's face. iv. The quality of the lighting when the suspect was observed by the witness. v. Whether there were distracting noises or activity during the observation. vi. Any other circumstances affecting the witness's opportunity to observe the suspect. vii. 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.
304 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
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.
XI. Photo Line-Ups Several factors significantly reduce the likelihood of misidentification in a line-up. The use of sequential photo displays instead of simultaneous displays and also using an independent administrator can reduce misidentification.
Photos used in any line-up should bear similar characteristics to the suspect to avoid causing an individual to unreasonably stand out. In cases involving multiple suspects, a separate line-up should be conducted for each suspect. When possible, photo line-ups should be administered by a department member who is not familiar with the suspect. Photo line-ups will be handled in accordance with the recognized procedures and form adopted by the Ramsey County Attorney’s Office.
XII. Custodial Interrogation Requirements Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Any custodial interrogation of a person who is suspected of having committed a criminal offense should be electronically recorded (audio/video or both as available) in its entirety, including any information or discussion about the person’s rights and any waiver of those rights. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings.
Consideration should also be given to recording a non-custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law.
XIII. Reports Referred to the Police Department by Child Protection and Adult Protection Any report received by the Roseville Police Department from a child protection agency (Minn. Stat. § Section 626.556) or an adult protection authority (Minn. Stat. § Section 626.557) shall be routed to the Investigative Lieutenant or a designee. The Investigative Lieutenant or a designee will then route the report for administrative processing and assign the case for investigation, as appropriate.
305 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XIV. Investigation of Potential Welfare Fraud Officers shall make a report any time they arrest a person who possesses more than one welfare Electronic Benefit Transfer (EBT) card. The investigating officers shall forward this report to the Minnesota Department of Human Services within 30 days of the arrest. The report shall include all of the following (Minn. Stat. § 626.5533): a. The name, address and driver’s license or state identification card number of the suspect. b. The number on each EBT card and name, if any. c. The date and location of any alleged offense. d. Any other information the Minnesota Department of Human Services may require on related state forms.
Date: 1/1/2019
Approved by Chief Rick Mathwig
306 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 402 Informants
I. Purpose and Scope This policy provides guidelines for the use of informants.
II. Policy The Roseville Police Department recognizes the value of informants to law enforcement efforts and strives to protect the integrity of the informant process. The department will take appropriate precautions by developing sound informant policies.
III. Definition An informant is a person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with the Roseville Police Department for law enforcement purposes. This also includes a person agreeing to supply information for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty/money).
IV. Follow-up Investigation Steps The purpose of the follow-up investigation is to seek and provide additional evidence pertinent to the crime in order to support the arrest of an offender. Basic steps include: a. Reviewing and analyzing all previous reports prepared in the preliminary phase, departmental records and laboratory report. b. Conducting additional interviews and interrogations. c. Seeking additional information (from uniformed officer, informants, etc.) d. Planning, organizing and conducting searches. e. Collecting physical evidence. f. Identifying and apprehending suspects. g. Determining involvement of suspects in other crimes. h. Checking suspects' criminal histories. i. Preparing cases for court presentation. j. Informing the victim of the progress of the case. k. Making second contact via letter, e-mail, telephone or personal calls, with principals involved in the case to get additional information and to demonstrate concern.
V. Master File of Informants A master file on informants will be maintained by the Investigative Lieutenant in a secure file. Access to the file will be limited to the Chief of Police and the Investigative Lieutenant. A separate file shall be maintained on each confidential informant. Each file shall be coded with an assigned informant control number. An informant history shall be prepared to correspond to each informant file, and shall include the following information: a. Informant's name and aliases. b. Date of birth.
307 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Physical description: height, weight, hair color, eye color, race, sex, scars, tattoos, or other distinguishing features. d. Current home address and telephone numbers. e. Current employer, position, address, and telephone numbers. f. Vehicles owned and registration information. g. Probation or parole status. h. Informant's photograph. i. Evidence that a criminal history check has been completed. j. Briefs of information provided by the informant and their subsequent reliability. If an informant is determined to be unreliable, the informant's file will be marked as such k. Name of officer initiating use of the informant. l. Signed informant agreement. m. Annual status review and update on active or inactive status of informant.
VI. Use of Informants Before using an individual as a confidential informant, an officer must receive approval from their supervisor. The officer shall compile sufficient information through a background investigation to determine the reliability, credibility, and suitability of the individual, including age, mental capacity, and risk of physical harm.
VII. Juvenile Informants For purposes of this policy, a "juvenile informant" means any juvenile who participates, on behalf of this department, in a prearranged transaction with direct contact with a suspected violator. A cooperating juvenile who assists this department in enforcement activities involving alcohol or tobacco retail sales to minors is not considered an informant for purposes of this policy. The use of juveniles 12 years old and younger as informants is prohibited. Juveniles who are 13 to 17 years old may only be used as informants with the written consent of each of the following: a. The juvenile's parents or legal guardians. b. The juvenile's attorney, if any. c. The court in which the juvenile's case is being handled, if applicable. d. The Chief of Police, or the authorized designee.
VIII. Guidelines for Handling Confidential Informants All confidential informants are required to sign and abide by the provisions of the department 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.
IX. Relationships with Confidential Informants No member of the Roseville Police Department shall knowingly maintain a social or non- authorized business relationship, or otherwise become intimately involved with a
308 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
confidential informant. Members of the Roseville Police Department shall neither solicit, nor accept gratuities, nor engage in any private business transaction with a confidential informant. To maintain officer/informant integrity, officers must adhere to the following: a. Officers shall not withhold the identity of an informant from the Chief of Police, a lieutenant, or their authorized designees. b. Identities of informants shall otherwise be kept confidential. c. Criminal activity by informants shall not be condoned. d. Informants shall be told they are not acting as police officers, employees, or agents of the Roseville Police Department, and that they shall not represent themselves as such. e. The relationship between officers and informants shall always be ethical and professional. f. Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the task force officer's supervisor or Division Commander. g. Officers shall not meet with informants in a private place unless accompanied by at least one additional officer, or with prior approval of the officer's supervisor. Officers may meet informants alone in an occupied public place such as a restaurant. When contacting informants or any individual for the purpose of making payments, officers shall arrange for the presence of another officer whenever reasonably possible. h. In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses and purpose.
X. Narcotics 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. 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. Seized firearms. f. The informant's previous criminal activity. g. The level of risk taken by the informant. h. Other factors that may motivate the informant.
XI. Payment It is often necessary to provide payment to confidential sources for information provided to the department. The department maintains a "buy fund" for this purpose. Any officer may access this fund if the circumstances of the “buy” are in keeping with the criteria specified earlier in this Investigative Procedure. The Investigative Lieutenant or a designee must authorize these expenditures. Use of the “buy fund” must be documented to permit regular
309 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
auditing. Documentation shall include the officer's name, the case number, the amount of money spent, the information or material purchased, and subsequent law enforcement action.
XII. Audits At least once a year, the Chief of Police or designee shall conduct a thorough audit of all informant funds for accountability and security of the funds. The fund’s petty cash records, transfer forms, invoices, receipts, and logs will assist with the audit process.
Date: 1/1/2019
Approved by Chief Rick Mathwig
310 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 403 Vice Drugs and Organized Crime
I. Purpose and Scope This policy establishes procedures for the department's enforcement action in relation to vice, drugs, and organized crime activities within the city.
II. Policy The Roseville Police Department defines organized crime as a type of conspiratorial crime, sometimes involving the hierarchical coordination of a number of individuals in the planning and execution of illegal acts or in the pursuit of a legitimate objective by unlawful means, and achieving its primary goal of economic gains through the supplying of illegal goods and services.
Collecting and analyzing criminal intelligence information is vital to the investigation of organized crime. By establishing a criminal intelligence program, this department will be able to determine the magnitude and potential threat of organized crime within the city. Furthermore, information which is obtained will provide the basis for the arrest and prosecution of individuals involved in organized crime.
Vice and organized crime investigations must be pursued with the same enthusiasm as any other violation of the law, regardless of public sentiment or apathy. It is the responsibility of every officer in this department to investigate and suppress vice and organized criminal activity.
III. Administrative Responsibility The Investigative Lieutenant is directly responsible for coordinating and overseeing the investigation of all vice, drugs and organized crime activities. The Investigative Lieutenant will maintain liaison with the Ramsey County Violent Crimes Enforcement Team (VCET) and other state and federal agencies involved in the enforcement of vice, drugs, and organized crime laws.
IV. Investigative Responsibility The Investigations Division is responsible for the initiation of investigations concerning vice, drugs, and organized crime. The investigations may be performed by department personnel or may be referred to Ramsey County VCET, at the discretion of the Investigative Lieutenant. If the investigation is referred, the Investigative Lieutenant will monitor the progress of the case and keep the Chief informed.
When necessary, the Investigative Lieutenant may temporarily reassign officers from the Patrol Division to assist in investigations; any such reassignment will be with the approval of the officer's supervisor and the Chief.
311 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Investigation Targeting Investigating organized crime can prove to be an extremely time consuming activity. Therefore, the Investigation Division should target the major activities which organized crime has traditionally attempted to control. The Investigations Division will be held responsible for identifying and controlling the following activities, at a minimum: a. Theft/fencing operations. b. Illegal sale and distribution of controlled substances, liquor, and tobacco. c. Firearms violations. d. Prostitution and pornography. e. Illegal gambling operations.
VI. Receipt of Complaint Any officer receiving a vice, drugs, or organized crime complaint shall be responsible for completing an Initial Complaint (IC) report and supplemental reports if necessary, detailing all pertinent information concerning the complainant, suspect(s), location of the offense, dates and times, witnesses and sources of verification. The officer taking the complaint shall attempt to ascertain the following: a. Complainant's motive for providing the information. b. Any relationship the complainant might have with the suspect(s); c. Complainant's source of information. d. Complainant's willingness to testify in court.
Every vice, drugs, and organized crime complaint received by the department shall be turned over to the Investigative Lieutenant, who will ensure that the complaint is investigated to the fullest extent possible.
VII. Investigative Responsibilities Any officer receiving an initial vice, drugs, or organized crime complaint shall be responsible for conducting a preliminary investigation. The investigation should be as thorough as possible, allowing for time constraints and available resources.
Follow-up investigations shall be the responsibility of the Investigations Division. When conducting an investigation into vice or organized crime activity, the detective should attempt to utilize established intelligence data centers. The Minnesota Bureau of Criminal Apprehension (BCA), the Federal Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Ramsey County VCET, and other local agencies may prove to be invaluable in obtaining needed information.
All such investigative reports shall be reviewed and approved by the Investigative Lieutenant. Upon completion of the investigation, it is the responsibility of the detective assigned to the case to contact the complainant and review the case, discussing only non- sensitive information.
312 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VIII. File Sensitivity Some records may be considered sensitive due to circumstances related to the location, type of call for service, involved parties, etc. The Chief of Police may designate some records sensitive and seal the record. The Chief will notify the RMS system administrator to seal the record and allow access by only selected members of the department.
IX. Coordination with Patrol Division The control and enforcement of vice and organized crime can be accomplished better when the patrol division and the investigations division maintain open lines of communication for the mutual exchange of information. It shall be the responsibility of the Investigative Lieutenant and Patrol Sergeants to ensure that a concerted effort to accomplish this goal is made by all personnel.
X. Task Forces and Special Investigative Units Organized crime task forces or special investigative units are an effective means for coordinating local and state law enforcement efforts in the investigation of organized crime. The following is an established policy by which the department shall operate concerning its participation in intelligence gathering organizations or units: a. The Chief of Police shall have direct authority concerning the department's participation or membership in any such organization. b. The Investigative Lieutenant shall serve as an advisor to the Chief concerning the department's membership or participation in any such organization. c. The Investigative Lieutenant or their designee shall serve as primary representative to all intelligence gathering organizations in which the department is a member. d. The Investigative Lieutenant shall be responsible for all correspondence, intelligence submissions, or attendance at organizational functions which might arise from the department's membership in an intelligence unit. e. The Investigative Lieutenant shall be responsible for assigning investigations personnel to participate in unit-directed investigations.
XI. Decision to Pursue an Investigation Investigations into vice, drugs, and organized crime can prove to be extremely costly in terms of both money and effort. Detectives should strive to determine the accuracy of the original information, the severity of the alleged crime, and the availability of necessary resources, prior to initiating an investigation. To assist in this process, the following questions should be addressed: a. How credible is the original information? b. What crime(s) has been committed or is about to be committed? c. How serious is the crime? d. What information exists concerning the activity? e. How is the investigation to be approached? f. Is the department capable of conducting the investigation?
313 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
g. Is this investigation one that would be more appropriately handled by the Ramsey County SIU or other law enforcement agency? h. What special tactical problems exist in pursuing this investigation?
XII. Undercover and Surveillance Equipment The use of specialized surveillance and undercover equipment will be authorized by the Duty Sergeant or the Investigative Lieutenant. Loss or damage to the equipment will be explained in writing to the Investigative Lieutenant, by the officer responsible for the property.
XIII. Covert Operations The department maintains the capability to conduct covert operations for the control of vice, drugs and organized crime. This capability may be through cooperative arrangements with other law enforcement organizations, such as the department's agreement with the Ramsey County VCET for drug investigations, or within the department. Covert operations require the approval of the Investigative Lieutenant or a patrol supervisor. Whenever the department conducts or participates in vice, drug or organized crime surveillance, undercover, decoy or raid operations, written plans will be prepared to provide for the following: a. Analysis of crimes and victims. b. Identification and analysis of suspects, including their habits, associates, vehicles, methods of operation or any other pertinent information. c. Familiarization of the officer(s) with the objective and details of the operation and the neighborhood or target area. d. Operational procedures for observation, arrests, surveillance and high-risk entries. e. Supplying necessary expense funds. f. Establishing means of routine and emergency communication. g. Selection of vehicles and equipment. h. Establishing relief, backup security and perimeter protection for officers. i. Supplying officers with false identity, disguises and necessary credentials. j. Determination of legal ramifications of the plan. k. Maintaining overall confidentiality and cover. l. Authorization for the raid and any use of force. m. Designation of a single person as supervisor and coordinator of the operation and providing for close supervision of participants. n. Making contacts with suspects. o. Searching for and seizing evidence and/or contraband. p. Requesting medical assistance. q. Coordination and/or assistance from others, both inside and outside the department.
Date: 1/1/2019
Approved by Chief Rick Mathwig
314 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 404 Sexual Assault Investigations
I. Purpose and Scope This policy establishes guidelines for the investigation of sexual assaults and the effects that these crimes have on the victims.
II. Policy The Roseville Police Department properly and ethically investigates sexual assault cases in an unbiased and truth seeking manner that supports a fair and accurate decision in the criminal justice system. When responding to reports of sexual assault, officers will strive to minimize the trauma experienced by the victims by responding in a compassionate and non- judgmental manner. A victim-centered approach will be taken when interacting with all victims of sexual violence.
III. Reporting In all reported or suspected cases of sexual assault, a report shall be written and assigned for follow up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated.
IV. Initial Officer Responsibilities In general, the responding officer’s first priority upon arriving at the scene of a sexual assault is to ensure that the victim and scene are safe and to address any immediate medical needs of the victim. After addressing the victim’s needs, the initial officers should adhere to guidelines outlined in the Ramsey County Sexual Assault Response Protocol. The initial officer responsibilities include, but are not limited, to the following: a. Conduct a limited interview of the victim to document the basic elements of the crime. Questions should be limited to only those which establish the basic facts of the crime. In most cases, an in-depth follow up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met. b. Identify potential witnesses and suspect(s). c. Note the victim’s behavior and appearance including injuries, disarrayed or torn clothing, etc. d. Identify and collect any physical evidence. This should include photographs of the scene, items touched by the suspect, bed sheets and/or clothing if applicable, and any other items deemed to have evidentiary value. e. Obtain accurate contact information for the victim, including but not limited to, home address, home phone number, mobile phone number, work phone number, alternate contact information and email address. f. Victim advocates and family members should not be used as interpreters. g. Provide the victim with the case number, victim services and advocacy services. h. No opinion of whether the case is founded or unfounded should be included in the officer’s report.
315 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
i. Officers should encourage the victim to undergo a sexual assault examination, emphasizing the importance to the victim’s health and the importance of evidence collection. The officer should help facilitate or provide transportation to a local hospital. Even if the victim has showered or bathed, they should be encouraged to have a forensic exam, as the exam serves many purposes that may support the development of the case. j. At the time of the initial contact with the victim, the officer shall provide the victim notice of his or her rights, as well as providing the incident case number and contact information for the investigation division. k. Initial officers should provide and explain the Sexual Assault Victim Information Consent Form, which helps connect more sexual assault victims with advocate services through Sexual Violence Services. The form is voluntary for the victim to sign, but should be offered to all sexual assault victims.
V. Detective Notification An on-call detective should be consulted and/or called out in the following cases: a. All burglary sexual assaults. b. If the suspect is in custody. c. Sexual assault involving children or vulnerable adults. d. Investigations which require search warrants. e. Cases where the officer or supervisor feels the necessity of additional assistance and expertise.
VI. Follow-Up Investigation A detective will be assigned to follow up as soon as possible after the initial complaint and will remain responsible for the case until it is closed. Whenever possible, the detective should follow the recommendations and best practices of the Ramsey County Sexual Assault Response Protocol.
The detective assigned the case should attempt to contact the victim as soon as possible after receiving the incident report to assure the victim of the seriousness of which their report is taken. It is preferred that the investigative interview of the victim is conducted in person to remain committed to the victim-centered best practices. Victim interviews should be audio-visually or audio recorded.
Detectives should take a trauma-informed and victim-centered approach when interviewing sexual assault victims. Detectives should not make judgements about a victim’s credibility based on their hesitance or difficulty recalling events of the assault, their prior relationship with the suspect, their affect following the assault, their decision to not report the crime immediately, or their lack of apparent physical injury. Victims should be informed throughout the investigation on the progress of their case. Victims should be provided information on how to report any additional information they may recall. They also should be advised on community resources that are available to them as a victim of sexual assault.
316 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VII. Special Considerations for Juvenile Victims Juvenile victims of sexual assault or abuse should only be interviewed by detectives trained to conduct juvenile forensic interviews. Any juvenile victim under the age of 13 should be referred to Midwest Children’s Resource Center (MCRC). Officers responding to a report of a sexual assault involving a juvenile victim should only obtain basic information and facts, such as the location of the incident, suspect information and possible witnesses.
If the victim resides in a home where the alleged suspect resides, a detective should be notified to determine appropriate placement. The victim should not be allowed to return to a home or any place where the suspect is going to be.
VIII. Victims with Special Considerations Vulnerable adults or victims with special consideration needs should only be interviewed by detectives with specialized training in sexual assault investigations. Responding officers should only obtain basic information and facts, such as the location of the incident, suspect information and possible witnesses.
IX. Investigative Supervisor Responsibilities The role of the Investigative Lieutenant is critical to the overall success of a victim-centered approach in the investigation of sexual assaults. The Investigative Lieutenant is responsible for assigning cases in a timely manner.
The Investigative Lieutenant or designee should review all cases to ensure comprehensive and proper follow up before closure. They should be in frequent contact with detectives conducting sexual assault investigations to ensure that a victim-centered approach is taken throughout the investigation. If the assigned detective has reason to believe a case is without merit, the case may be classified as unfounded only upon review and approval of the Investigative Lieutenant or designee.
The Investigative Lieutenant is responsible to coordinate training for detectives assigned to conduct sexual assault investigations, as well as passing along legal and procedural best practices to officers responding to sexual assaults.
X. Evidence in Sexual Assault Investigations In accordance of Minn. Stat. § 229C.106, this agency shall retrieve an unrestricted sexual assault examination kit from the health care facility within ten days of receiving notice. Within 60 days, the kits shall be submitted to a forensic lab, unless it is deemed that the results of the kit would not add evidentiary value to the case. A decision to not submit a kit will only be made after consultation with the county attorney. The reasons for not submitting a kit will be documented in the incident report and must be approved by the investigation supervisor. Restricted sexual assault examination kits shall not be submitted for testing (Minn. Stat. §299C.106).
317 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XI. Victim rights to Sexual Assault Evidence Information Upon written request from the victim or victim’s designee, the Roseville Police Department shall release the required active investigative data as outlined in Minn. Stat. §611A.27, 299C.106 and 13.82, subd. 7. The requested investigative data may be provided to the victim or their designee by the assigned detective, investigation supervisor, or the Deputy Chief. All requests for information from sexual assault victims should be handled within 30 days. Unless the release of the data will interfere with the investigation, the following information shall be released to the victim upon request (Minn. Stat. § 611A.27): a. The date that the sexual assault examination kit was submitted to a forensic laboratory and the date that the agency received notice of the results. b. Whether a DNA profile was obtained from the testing.
A sexual assault victim can request that a restricted kit be reclassified as an unrestricted kit. The request will be made in writing and will be reviewed by the investigation supervisor and assigned to a detective for investigation. The assigned detective and/or Property Room Manager will serve as a liaison with the forensic laboratory.
XII. Polygraph Examination An officer or detective may not require a sexual assault victim to submit to a polygraph examination as a condition to investigating, charging, or prosecuting the offense (Minn. Stat. §611A.26 Subd. 1 and Minn. Stat. § 611A.26 Subd. 5). Officers may conduct a polygraph examination of a sexual assault victim only with the victim's written, informed consent, and only after the victim has been referred to and had the opportunity to exercise the option of consulting with a sexual assault counselor (Minn. Stat. §611A.26 Subd. 2 and Minn. Stat. §611A.26 Subd. 3). To consent to a polygraph, the officer must inform the victim in writing that (Minn. Stat. § 611A.26 Subd. 4): a. The taking of a polygraph is voluntary and solely at the victim's request. b. The victim may not be asked or required to submit to a polygraph examination. c. The results of the examination are not admissible in court. d. Whether a DNA profile was obtained from the testing. e. The victim's refusal to submit to a polygraph examination may not be used as a basis not to investigate, charge, or prosecute the offender.
Date: 1/1/2019
Approved by Chief Rick Mathwig
Roll Call Training Sexual Assault Investigation
318 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 405 Juveniles
I. Purpose and Scope This policy provides guidelines for the development and implementation of programs intended to prevent and control delinquent and criminal behaviors by juveniles.
II. Policy Law enforcement agencies have a special responsibility to ensure juveniles are treated fairly and with regard to the special considerations provided them through the juvenile justice system. The Roseville Police Department is committed to the prevention of juvenile delinquency and will be proactive in its commitment.
III. Juvenile Delinquency Program Commitment The Roseville Police Department is committed to the development, implementation, and perpetuation of programs that are directed toward the identification and prevention of juvenile delinquency.
While recognizing that enforcement of laws with respect to juveniles is an important objective, it is equally important for the department to engage in activities and programs designed to identify and prevent juvenile delinquency. All department personnel are encouraged to participate in community-based youth programs, including recreational programs, to build and encourage good police relationships with young people in the community.
IV. Program Responsibility Participating in and supporting the department's juvenile operations function is the responsibility of every officer and department employee. However, primary responsibility for juvenile operations is shared by: a. All detectives. b. The Family Violence Detective. c. The School Liaison Officer. d. The Community Relations Coordinator (youth programs).
V. Input from Juvenile Agencies The Roseville Police Department regards other juvenile assistance agencies as valuable sources of expertise in the development of policies and procedures relating to juveniles. Whenever appropriate, other agencies will be offered an opportunity to review and comment on proposed department policies regarding juveniles. These agencies include, but are not limited to: a. Ramsey County Attorney's Office, Juvenile Division. b. Ramsey County Court Services, Juvenile Probation. c. Ramsey County Social Services, Child Protection Unit. d. Roseville Area School District.
319 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. City Attorney's Office.
VI. Annual Review of Juvenile Programs The Investigative Lieutenant, in coordination with the Family Violence Detective, Juvenile Officer, School Liaison Officer, and Community Relations Coordinator, will annually review and evaluate the effectiveness of the juvenile enforcement and prevention programs. After a thorough evaluation of each program, a decision should be made whether a specific program should function as is, be modified, or be discontinued, and whether new programs should be started. Recommendations will be made to the Chief of Police for final approval.
VII. Juvenile Operations Officers dealing with juvenile offenders should use the least coercive alternative available, consistent with preserving public safety, order, and individual liberty. The officer should consider the following when deciding how best to handle the juvenile offender: a. The nature of the offense; b. The age and circumstances of the alleged offenses; c. The alleged offender's record; d. The availability of community based juvenile referral service before deciding a reasonable alternative for disposition of the juvenile contact; e. Recommendations for diversion from complainants or victims.
VIII. Reasonable Alternative for Disposition a. Warn and Release: Verbal or written warning with release to own recognizance or to parent/guardian. b. Written Citation or Summons: Citations to juveniles cannot be written for crimes committed, but may be written for traffic violations. When allowed by law, and at the officer's discretion based on the factors outlined above, written citations should be used rather than taking juveniles into custody. This is consistent with using the least coercive method of handling the juvenile. c. Referral to Community Service Programs: A juvenile may be referred to community service or similar programs if appropriate. d. Referral to Juvenile Court: A juvenile may be referred to juvenile court when the offense involved is serious. Formal referral is made to the County Attorney by filing an Incident Report form marked for referral. As a general rule, the following should be referred: i. All felonies and offenses which, if committed by an adult, would be a felony. ii. All misdemeanors involving violence and/or weapons. iii. Serious gang-related acts. iv. Juveniles on probation or with a case pending. v. Repeated delinquent acts within past 12 months. vi. Cases where the victim/complainant files charges.
320 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
IX. Taking a Juvenile into Custody The Temporary Custody of Juveniles Policy shall apply when taking a juvenile into custody. Minnesota statutes authorize peace officers to take juveniles into custody under the following circumstances: a. With a court order or warrant, or apprehension and detention order; b. When the juvenile exhibits certain behaviors such as intoxication or delinquency and the juvenile's presence in the community would endanger his/her health or welfare or the welfare of others; c. When it is reasonably believed the juvenile has violated the terms of probation, parole or other field supervision; d. When there are reasonable grounds to believe the juvenile will fail to appear at any hearing; e. Where a situation exists that is likely to endanger the health or safety of the child; f. When a juvenile is a runaway.
X. Special Considerations When Taking a Juvenile Into Custody a. Protecting the Juvenile's Constitutional Rights: Whenever an officer takes a juvenile into custody, the officer shall explain the reason to the juvenile and, prior to custodial questioning about a crime, give the full Miranda warning. b. Immediate Placement: Juveniles taken into custody will be placed in a shelter home or the Juvenile Detention Center (JDC) as soon as practical after being taken into custody. c. If the juvenile is in need of medical treatment or attention, including psychiatric care, the officer shall immediately arrange for transport of the juvenile to an emergency treatment facility. The officer shall notify Ramsey County Child Protection Services of the placement. d. Notification of Parent or Guardian: The arresting officer will, as soon as practical, notify the juvenile's parents or guardians that the juvenile has been taken into custody and explain the reason for the custody.
Date: 1/1/2019
Approved by Chief Rick Mathwig
321 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 406 Criminal Intelligence
I. Purpose and Scope This policy sets forth procedures for the gathering, analysis, and dissemination of intelligence information relating to specified crimes and criminal activities, as well as procedures for safeguarding intelligence information and providing for the secure storage of such information.
II. Policy It is the policy of this agency to follow established procedures with respect to intelligence information to ensure the legality and integrity of intelligence operations.
III. Investigative Responsibility Because of the size of the Roseville Police Department, the criminal intelligence function is performed through the Investigations Division. As head of the Investigations Division, the Investigative Lieutenant has ultimate responsibility for the criminal intelligence function, which responsibility includes: a. Ensuring the legality and integrity of intelligence gathering activities. b. Dissemination of intelligence information. c. Maintenance of intelligence files in a secure area. d. Maintenance of confidential informant files. e. Management of confidential “buy” funds used for payments to informants. f. Management of the department’s forfeiture funds.
IV. Types of Information to be Gathered Intelligence information collected will be limited to criminal conduct and relates to activities which present a threat to the community. Types of information which may be collected include, but are not limited to: a. Past, present and emerging persons, groups or localities associated with organized criminal activity. b. Activities indicating public and political corruption. c. Persons, groups and localities associated with firearms trafficking, arson/bombing, auto theft, burglary, counterfeiting, robbery, extortion, murder, kidnapping or controlled substance violations. d. Information indicating a reasonable probability of illegal acts as a form of protest, disruption of public services, or activity that may have serious national or international ramifications. e. Intergroup or gang hostilities, counter demonstrations or destruction of property through organized activities. f. Illegal activities requiring notification or coordination with other local, State or Federal agencies.
322 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Sources of Intelligence Information Information from the following sources may be included in the intelligence files at the discretion of the Investigative Lieutenant. Because the validity and reliability of the information varies depending upon the source, any information included in the intelligence files will be identified as to the source from which it was received. a. Other criminal justice agencies. b. Personnel from within the department. c. Citizen complaints. d. Confidential informants. e. Anonymous informants.
VI. Maintenance and Storage of Intelligence Files When intelligence information is obtained it will be safeguarded to protect the confidentiality of the data and the integrity of investigations. All information received will be reviewed and analyzed in a secure area. Any computerized intelligence information will have security protection against unauthorized attempts to access, modify, remove or destroy stored information. The Investigative Lieutenant may restrict the viewing of all files containing information deemed to be intelligence. Such files will be reviewed on a regular basis to purge out of date or incorrect information.
VII. Dissemination of Intelligence Information Information from the intelligence files will be disseminated by the Investigative Lieutenant or a designee only to law enforcement officers on a “need to know” basis. The source of the information will be supplied to the law enforcement officer receiving the information, but may be identified by designation, such as “reliable informant”, “anonymous source”, or some other appellation. The exchange of such information will be documented by the Investigative Lieutenant or a designee.
VIII. Personnel Personnel assigned on a full-time or temporary basis to the Investigation Division, including the Family Violence Detective and School Liaison Officer may be used in intelligence gathering activities. Officers assigned to these activities must be mindful of the sensitivity of their duties, and the importance of meeting privacy, confidentiality and public disclosure requirements.
IX. Equipment The type of specialized equipment required will depend on the nature of the intelligence operation and the conditions within the community. The use of any equipment will be in accordance with existing state and federal laws which govern such methods, and will not be applied without proper court order or warrant, if required.
323 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Date: 1/1/2019
Approved by Chief Rick Mathwig
324 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 407 Victim and Witness Services
I. Purpose and Scope This policy provides guidelines 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.
II. Policy The Roseville Police Department treats victims and witnesses with fairness, dignity, and compassion. The responsibility for courteous treatment of victims and witnesses must be assumed by all members of the department. All reasonable assistance must be provided to protect victims and witnesses from harm, to inform them of their rights and resources for assistance, to nurture cooperation between police and victims or witnesses, and to encourage their willingness to assist in the prosecution of criminal offenders. The department fully supports the rights of crime victims as set forth in Minnesota Statutes.
III. Victim Information The Police Services Manager shall ensure that victim information handouts are available and current. The Crime Victim Information card will be reviewed every two years and reprinted as often as necessary. Every member of the department shall be responsible for informing the Police Services Manager of any changes to information in the card that they become aware of during the course of their duties.
This department will make every effort to work with other agencies and organizations to provide the greatest possible network of resources for victims and witnesses, and to inform the public of these resources. The victim handouts should include as appropriate: a. Shelters and other community resources for victims including domestic violence and sexual assault victims. b. Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams, and information about evidence collection, storage and preservation in sexual assault cases (42 USC § 3796gg-4; 42 USC § 10603f). c. An advisement that a person who was arrested may be released on bond or some other form of release and that the victim should not rely upon an arrest as a guarantee of safety. d. A clear explanation of relevant court orders and how they can be obtained. e. Information regarding available compensation for qualifying victims of crime. f. Victim Information and Notification Everyday (VINE), 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. g. Notice regarding U-Visa and T-Visa application processes. h. Resources available for victims of identity theft.
325 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
i. A place for the officer’s name, badge number and any applicable case or incident number. j. Notices and information regarding the rights of crime victims, domestic abuse victims, and offender release as detailed in the following: i. Safe at Home address confidentiality program (Minn. Stat. § 5B.03) ii. Offender release notification (Minn. Stat. § 244.052; Minn. Stat. § 244.053; Minn. Stat. § 611A.06; Minn. Stat. § 629.73) iii. Tenancy issues (Minn. Stat. § 504B.205; Minn. Stat. § 504B.206) iv. Victim and specific domestic violence victim information/Minnesota CHOICE (Minn. Stat. § 611A.02 et seq.; Minn. Stat. § 629.341; Minn. Stat. § 629.72) v. A notice that a decision to arrest is the officer’s and the decision to prosecute lies with the prosecutor, even when a victim requests no arrest or prosecution. vi. Contact information for the Office of Justice Programs and the Emergency Fund and Crime Victims Reparations.
IV. Services Provided During Preliminary Investigation The responding officers have the first opportunity and the obligation to provide reassurance and support to victims and witnesses. A demonstrated sensitivity to the victim/witness’s situation can help provide this support and earn confidence. Officers should follow these steps: a. Medical Attention: Conduct an immediate evaluation to determine the need for medical attention; if medical attention is needed, arrange for Emergency Medical Services (EMS). b. Crisis Intervention: Evaluate the need for crisis intervention by Tubman and/or an emergency shelter. Tubman provides shelters, counseling, and legal advocacy services. The department has a written agreement with Tubman for referral of all domestic abuse cases, either by the arresting officer or by office staff (sending copies of reports) in cases where no arrest is made. c. Crime Victim Cards: Provide a Crime Victim Information card to every victim or alleged victim of a crime or of domestic violence, regardless of whether there is a suspect in the case. Complete the information on the front of the card with the case number and the officer’s name and badge number. Highlight which telephone number they should call to provide further information or ask questions and which to call in case of an emergency. The brochure is designed to meet the statutory requirements of victim rights notification. d. Processing the Case: Explain to the victim or witness what will be happening with their case. If possible, give approximate time lines for the various steps. e. Advise Victim/Witness on Personal Safety: Advise the victim or witness what to do if the suspect or suspect’s companions threaten or attempt to intimidate them. f. Additional Contact Information: Officers should attempt to obtain any additional addresses, e-mail, or phone numbers where the victim may be reached while the case is being processed. This is especially important in cases where the victim is transient or
326 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
may need to move quickly due to the circumstances of the case.
V. Services Provided During Follow up Investigation Victims and witnesses shall be re-contacted periodically by the detective assigned to the case in order to: a. Determine if their needs are being met or if they need additional referrals, in cases where the impact of the crime has been unusually severe and has triggered above- average need for assistance, in the detective’s opinion. b. Explain the procedures for their cases and their role in those procedures (the police may skip this step if this has been handled by the city attorney). c. Schedule line-ups or interviews. When necessary, transportation should be provided by the department.
Property taken as evidence from victims or witnesses should be returned as soon as possible when permitted by law and rules of evidence. The County Attorney’s Office and many of the victim/witness assistance agencies listed on the Crime Victim Information Summary brochure provide victim advocate services. Referrals should be made if appropriate.
VI. Services Provided Upon Arrest of Suspect The following services should be provided to victims upon arrest of a suspect, as appropriate: a. Inform Victim: As soon as possible, the detective shall inform the victim (and any witnesses, if appropriate) of the arrest of a suspect, the charges against the suspect, whether or not the suspect is in custody, and the conditions for release. b. Complete the Victim Information and Notification Form: A Victim Information and Notification form shall be filled out by the arresting officer and left with the detention facility when a suspect is arrested. Detention facility personnel are responsible for follow-up contacts, which are required by state statute. c. Personal Safety Issues: The department will provide appropriate assistance to victims/witnesses who have been threatened or who express credible reasons for fearing further victimization. The Chief of Police will determine the type of assistance to be provided, based on the recommendations of the detective and/or other officers assigned to the case. d. Case Disposition: Victims and witnesses shall be notified of the final disposition of their cases as follows: i. By the prosecuting attorney, if court action is taken. ii. By the detective or officer assigned to the case if the case is dropped and considered closed or if citations are issued or if the case will remain open.
Date: 1/1/2019
Approved by Chief Rick Mathwig
327 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 408 Child Abuse
I. Purpose and Scope This policy provides guidelines for the investigation of suspected child abuse.
II. Policy The Roseville Police Department will investigate all reported incidents of child abuse and ensure the county social services agency is notified as required by law.
III. Definitions Definitions related to this policy include: a. Child: Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. b. 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 (Minn. Stat. § 626.556; Minn. Stat. § 626.5561).
IV. Mandatory Notification Members of the Roseville Police Department shall notify the county social services agency when they have reason to believe any of the following may have occurred or when someone reports any of the following (Minn. Stat. § 626.556): a. A child is being neglected or has been neglected within the preceding three years. b. A child is being physically abused or has been physically abused within the preceding three years by a person responsible for the child's care. c. A child is being sexually abused, threatened with sexual abuse or has been sexually abused within the preceding three years by a person responsible for the child's care, by a person who has a significant relationship to the child, or by a person in a position of authority. d. A woman is pregnant and has used a controlled substance for a non-medical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol (marijuana), or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive (Minn. Stat. § 626.5561).
Notification is mandatory for any acts of neglect, physical abuse and sexual abuse that constitute a crime, whether or not the suspect had any relationship to or responsibility for the child (Minn. Stat. § 626.556, Subd. 10a).
For purposes of notification, physical abuse includes injuries, mental injuries or injuries that cannot be reasonably explained (e.g., punching, kicking, burning). Sexual abuse includes criminal sexual conduct and prostitution offenses. Neglect includes failure to supply a child with necessary clothing, shelter, medical care, etc. See Minn. Stat. § 626.556, Subd. 2 for full definitions of physical abuse, sexual abuse and neglect.
328 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Notification Procedure Notification should occur as follows (Minn. Stat. § 626.556): a. The officer or detective tasked with the investigation shall call the county social services agency and report the alleged abuse as soon as possible, but always within 24 hours. The time of the call and the social service agent should be documented. b. Forms that may be required by the county social services agency or other written notification shall be completed and faxed or delivered to the county social services agency as soon as possible but always within 72 hours, exclusive of weekends and holidays. c. Approved investigation reports should be forwarded to the county social services agency as soon as practical. d. When the child abuse occurred at a facility or by a person from a facility that requires a state license (e.g., foster homes, group homes, day care), notification shall also be made to the agency responsible for licensing the facility (Minn. Stat. § 626.556).
VI. Qualified Detectives Qualified detectives should be available for child abuse investigations.
VII. 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.
In all cases of an unexplained death of a child, officers should thoroughly investigate as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant).
VIII. Protective Custody Before taking any child into protective custody, the officer should contact the on-call detective and make reasonable attempts to contact the county social services agency. Generally, removal of a child from their 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 their 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. Whenever practicable, the officer should inform a supervisor and detective 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. Children may only be removed from a parent or guardian in the following situations (Minn. Stat. § 260C.175): a. When a court has issued an order for removal. b. When a child is found in surroundings or conditions that pose an imminent threat to the child's health or welfare or that an officer reasonably believes pose an imminent threat to the child's health or welfare.
329 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. If an Indian child is a resident of a reservation or is domiciled on a reservation but temporarily located off the reservation, taking the child into custody under this clause shall be consistent with the Indian Child Welfare Act (25 USC § 1922).
IX. Notice to Parent or Custodian Whenever an officer takes a child into protective custody, the officer shall notify the parent or custodian that they may request that the child be placed with a relative or a designated caregiver instead of in a shelter care facility. The officer also shall give the parent or custodian a list, published by the Minnesota Department of Human Services, of names, addresses and telephone numbers of social services agencies that offer child welfare services. If the parent or custodian was not present when the child was removed from the residence, the list shall be left with an adult who is on the premises or left in a conspicuous place on the premises if no adult is present. If the officer has reason to believe the parent or custodian is not able to read and understand English, the officer must provide a list that is written in the language of the parent or custodian (Minn. Stat. § 260C.175; Minn. Stat. § 260C.181). The required notifications may be made by the county social services agency representative if they are at the scene.
X. Interviews of Abuse Victims 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. A reasonable belief that medical issues of the child need to be addressed immediately. b. A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed. c. The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger. d. A court order or warrant has been issued. e. Other exigent circumstances exist.
XI. Parental Notification of Interviews Generally, officers should cooperate with parents and guardians and seek consent prior to conducting interviews of children. However, when reasonably necessary, state law grants officers the authority to interview a child who is the alleged victim of abuse or neglect, and any other children who currently reside or have resided with the alleged victim, without parental consent (Minn. Stat. § 626.556, Subd. 10).
The interview may take place at school or at any facility or other place where the alleged victim or other children might be found, or the child may be transported to, and the interview conducted at, a place that is appropriate for the interview and has been designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the alleged offender or parent, legal custodian, guardian or
330 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
school official (Minn. Stat. § 626.556, Subd. 10).
The officer shall notify the parent, legal custodian or guardian that the interview occurred as soon as reasonably practicable after the interview, unless the juvenile court has determined that reasonable cause exists to withhold the information (Minn. Stat. § 626.556, Subd. 10).
XII. Documentation Required Any statement made by an alleged child abuse victim during the course of a criminal investigation shall be documented. The documentation of the interview must contain, at a minimum (Minn. Stat. § 626.561): a. The date, time, place and duration of the interview. b. The identity of the persons present at the interview. c. A summary of the information obtained during the interview.
XIII. 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 Maintenance and Release Policy (Minn. Stat. § 626.556, Subd. 11): a. Child mortality review panels are entitled to access all investigative information of law enforcement agencies regarding the death of a child. This department shall cooperate fully with any such team and investigation (Minn. Stat. § 256.01, Subd. 12). b. In every case of child abuse that would require notification to a local county social services agency, the investigating officer shall coordinate the planning and execution of the investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. The investigating officer shall prepare a report separate from the social services agency (Minn. Stat. § 626.556, Subd. 10). c. Members may disclose the status of an individual as a predatory offender to a child protection worker who is conducting an assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs under Minn. Stat. § 626.556 (Minn. Stat. § 243.166).
Date: 1/1/2019
Approved by Chief Rick Mathwig
331 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 409 Brady Material Disclosure
I. Purpose and Scope This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information to a prosecuting attorney.
II. Policy The Roseville Police Department will conduct fair and impartial criminal investigations, and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Roseville Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The department will identify and disclose to the prosecution potentially exculpatory information as provided in this policy.
III. Definitions Brady information: Information known or possessed by the Roseville Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant.
IV. Disclosure of Information Officers must include in their investigative reports adequate investigative information, reference to all material evidence, and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling detective must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's office.
If information is believed to be privileged or confidential, the officer should discuss the matter with a supervisor or prosecutor to determine the appropriate manner in which to proceed.
Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure whether evidence or facts are material, the officer should address the issue with a supervisor.
Supervisors who are uncertain about whether evidence or facts are material 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.
332 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Disclosure of Personnel Information The person or persons designated by the Chief of Police should periodically examine the personnel files and internal affairs files of all officers who may be material witnesses in criminal cases to determine whether they contain Brady information. The obligation to provide Brady information is ongoing. If any new Brady information is identified, the prosecuting attorney should be notified.
VI. Investigating Brady Issues If the department receives information from any source that a member may have issues of credibility, dishonesty, or has been engaged in an act of moral turpitude or criminal conduct, the information shall be investigated and processed in accordance with the Personnel Complaints Policy.
Date: 1/1/2019
Approved by Chief Rick Mathwig
333 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 410 Predatory Offender Registration and Community Notification
I. Purpose and Scope This policy establishes guidelines by which the Roseville Police Department will address issues associated with certain offenders who are residing in the jurisdiction and how the department will disseminate information and respond to public inquires for information about registered offenders.
II. Policy The Roseville Police Department will identify and monitor registered offenders living within the city and take reasonable steps to address the risks that those persons may pose.
III. Registration The Investigative Lieutenant shall establish a process to reasonably accommodate registration of certain offenders. Those assigned to register offenders should receive appropriate training regarding the registration process. Upon conclusion of the registration process, registration information should be provided to the Bureau of Criminal Apprehension (BCA) in accordance with Minn. Stat. § 243.166 within three days of the registration. Registration and updated information from a person who lacks a primary residence shall be forwarded within two business days. Updated primary address information from any registered predatory offender shall also be forwarded within two business days (Minn. Stat. § 243.166).
The refusal of a registrant to provide any of the required information or complete the process should initiate a criminal investigation for failure to register.
IV. Registration Process When an offender arrives to register, the assigned personnel should: a. Determine in what state the offense was committed. b. Confirm the individual is required to register by reviewing the list of Minnesota offenses on the BCA’s Predatory Offender Registration website or in the BCA Predatory Offender Registration (POR) Manual that is available on the BCA's secure website. c. If a person is required to register, search the BCA's secure website to verify whether the offender is already registered and a DNA sample has been submitted. d. If the offender is already registered, complete a Change of Information Form (available on the BCA’s secure website). e. If the offender is not registered, complete a POR Form (available at BCA’s secure website). f. If the offender is from another state, contact the state (information for each state is listed on the BCA’s website) and request a copy of the offender’s original registration form, criminal complaint and sentencing documents. i. Documents obtained should be submitted to the BCA with a registration form.
334 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. The BCA will determine if registration is required and inform the department and the offender. g. Additional information regarding offender registration is available in the POR Manual or by contacting the Predatory Offender Unit by phone or through the BCA secure website.
V. Guidelines and Forms The registration process shall be in accordance with Minn. Stat. § 243.166 and follow the guidelines implemented by the BCA. Forms used in the registration process are available from the secure website operated by the BCA.
VI. Monitoring of Registered Offenders The Investigative Lieutenant will establish a system to periodically, and at least once annually, verify that a registrant remains in compliance with their registration requirements after the initial registration. Any discrepancies should be reported to BCA. The verification should include: a. Efforts to confirm residence by conducting periodic home visits. During home visits all registrant information will be verified. b. Review of information on the Department of Corrections Offender Information website. c. Contact with a registrant's parole or probation officer.
The Investigative Lieutenant should also establish a procedure to routinely disseminate information regarding registered offenders to Roseville Police Department personnel, including timely updates regarding new or relocated registrants.
VII. Dissemination of Public Information Personnel will not make a public notification advising the community of a particular registrant’s presence in the community without permission from the Chief of Police. Members who believe notification is appropriate should promptly advise their supervisor. The supervisor should evaluate the request and forward the information to the Chief of Police, if warranted. A determination will be made by the Chief of Police based on statutory requirements, with the assistance of legal counsel as necessary, whether such a public alert should be made.
The Deputy Chief shall release local registered offender information to residents in accordance with state law (Minn. Stat. § 244.052; Minn. Stat. § 243.166, Subd. 7; Minn. Stat. § 13.01 et seq.) and in compliance with a Minnesota Government Data Practices Act request.
VIII. Release Notifications Registrant information that is released should include notification that: a. The offender registry includes only those individuals who have been required by law to register and who are in compliance with the offender registration laws. b. The information is provided as a public service and may not be current or accurate.
335 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Individuals should not rely solely on the offender registry as a safeguard against offenses in their communities. d. The crime for which an individual is convicted may not accurately reflect the level of risk. e. Anyone who uses information contained in the registry to harass registrants or commit any crime may be subject to criminal prosecution. f. Other cautionary notices included in the Minnesota Department of Correction’s (DOC) material for public recipients.
IX. Mandatory Dissemination The department shall provide and release predatory offender data, or updated data, obtained from the DOC based upon the offender’s status of a Level 1, 2 or 3. The Department shall continue to disclose data on an offender as required by law for as long as the offender is required to register under Minn. Stat. § 243.166. Disclosure to the health care facility of the status of any registered predatory offender under Minn. Stat. § 243.166 who is receiving inpatient care shall be made by this department (Minn. Stat. § 244.052, Subd. 4c).
X. Level One Disclosure Data maintained by law enforcement may be subject to limited disclosure (Minn. Stat. § 244.052, Subd. 4) (refer to the DOC document “Confidential Fact Sheet - For Law Enforcement Agency Use Only” or other DOC guidance): a. Mandatory disclosure: i. Victims who have requested disclosure. ii. Adult members of the offender's immediate household. b. Discretionary disclosure: i. Other witnesses or victims. ii. Other law enforcement agencies.
XI. Level Two Disclosure Data is subject to limited disclosure for the purpose of securing institutions and protecting individuals in their care while they are on or near the premises of the institution (Minn. Stat. § 244.052, Subd. 4) (refer to DOC document “Law Enforcement Agency Fact Sheet - Notification of Release in Minnesota - Risk Level 2” or other DOC guidance): a. In addition to Level 1 disclosure, the Department may disclose data to: i. Staff members of public and private educational institutions, day care establishments and establishments that primarily serve individuals likely to be victimized by the offender. ii. Individuals likely to be victimized by the offender. b. Discretionary notification must be based on the offender’s pattern of offending or victim preference as documented by the DOC or the Minnesota Department of Human Services (DHS).
336 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XII. Level Three Disclosure Data is subject to disclosure not only to safeguard facilities and protect the individuals they serve but also to protect the community as a whole (Minn. Stat. § 244.052, Subd. 4) (refer to the DOC document “Law Enforcement Agency Fact Sheet - Notification of Release in Minnesota” or other DOC guidance): a. The department shall disclose information to individuals and entities provided for Level 1 and 2 disclosures. b. The department shall disclose data to other members of the community that the offender is likely to encounter unless public safety would be compromised by the disclosure, or a more limited disclosure is necessary to protect the identity of the victim. c. A good faith effort must be made to complete the disclosure within 14 days of receiving a confirmed address from the DOC. d. The process of notification is determined by this department. The DOC has recommended that the community be invited to a public meeting and disclose the necessary data. Assistance is available from the DOC Risk Assessment/Community Notification (RA/CN) Unit.
Data disclosed to the public of a Level 3 predatory offender shall be forwarded to the DOC within two days of the department's determination to disclose (Minn. Stat. § 244.052, Subd. 4(g)).
XIII. Health Care Facility Notification Upon notice that a registered predatory offender is planning to be in this jurisdiction or has been admitted to a health care facility in this jurisdiction, this department shall provide a fact sheet to the facility administrator with the following data (Minn. Stat. § 243.166, Subd. 4b) (refer to the DOC documents, “Law Enforcement Agency Fact Sheet Health Care Facility Notification Data on a Registered Offender Not For Distribution to Facility Residents” and “Law Enforcement Agency Fact Sheet Health Care Facility Notification Data on a Registered Offender for Distribution to Facility Residents” or other DOC guidance): a. Name and physical description of the offender. b. Offender’s conviction history, including the dates of conviction. c. Risk level assigned to the offender, if any. d. Profile of likely victims.
XIV. Specialized Notification Offenders from other states and offenders released from federal facilities are also subject to notification (Minn. Stat. § 244.052, Subd. 3a). a. If this department learns that a person under its jurisdiction is subject to registration and desires consultation on whether the person is eligible for notification, the department must contact the DOC. The DOC will review the governing law of the other state and, if comparable to Minnesota requirements, inform this department whether to proceed with community notification in accordance with the level assigned by the other state.
337 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. If the DOC determines that the governing law in the other state is not comparable, community notification by this department may be made consistent with that authorized for risk Level 2. c. If this department believes that a risk level assessment is needed, the department may request an end-of-confinement review. The department shall provide to the DOC the necessary documents required to assess a person for a risk level.
XV. Victim Notification If a predatory offender resides, expects to reside, is employed, or is regularly found in this jurisdiction, the department shall provide victims who have requested notification with data that is relevant and necessary to protect the victim. Information disclosed should be obtained from the risk assessment report provided by DOC (Minn. § Stat. 244.052, Subd. 3). The DOC will provide victim contact data to this department when there is a victim who has requested notification (refer to the DOC document “Victim Data Confidential for Law Enforcement Agency Use Only”).
It may be appropriate for members of the Department to directly contact the victim. Community victim advocacy or prosecutor resources may also be available to assist with locating and notifying a victim. Assistance is also available from the DOC victim services staff.
Members of the department may contact other victims, witnesses and other individuals who are likely to be victimized by the offender.
XVI. Homeless Notification Process If public notice (Level 2 or 3) is required on a registered homeless offender, that notice should be as specific as possible. These offenders are required to check in weekly with local law enforcement, unless an alternative reporting procedure is approved by the Investigations Division supervisor (Minn. Stat. § 243.166, Subd. 3a).
XVII. Limitations of Release of Data Disclosures permitted or required for Level 2 or 3 offenders shall not be made if the offender is placed or resides in a DOC-licensed residential facility. Upon notification that the offender is released to a permanent address, the disclosures permitted or required by law shall be made (Minn. Stat. § 244.052, Subd. 4). Data regarding the victim or witnesses shall not be disclosed (Minn. Stat. § 244.052, Subd. 4(e)).
The broadest disclosures authorized under Minn. Stat. § 244.052, Subd. 4 may still be made for certain offenders (sexually dangerous persons or persons with a sexual psychopathic personality) even though still residing in a residential facility (Minn. Stat. § 253D.32, Subd. 1).
338 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XVIII. Disclosure to Local Welfare Agency Upon request, members may disclose the status of an individual as a predatory offender to a child protection worker who is conducting an assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs under Minn. Stat. § 626.556 (Minn. Stat. § 243.166).
Date: 1/1/2019
Approved by Chief Rick Mathwig
339 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 411 Death Investigations
I. Purpose and Scope This policy provides officers with guidance when conducting preliminary investigations of deceased people.
II. Policy Reported deaths of individuals, other than those under the immediate care of a physician at a hospital or similar health care facility, shall be responded to by officers of this department for investigation and for purposes of providing basic assistance to survivors. Death investigations shall be conducted pursuant to Minn. Stat. § 390.005 through 390.252.
III. Initial Response Emergency Medical Services shall be called in all suspected death cases unless the death is obvious (e.g., decapitated or decomposed). Officers are not authorized to pronounce death. A supervisor shall be notified in all death investigations. The Medical Examiner shall be called in all sudden or unexpected deaths or deaths due to other than natural causes (Minn. Stat. § 390.11).
IV. Searching Dead Bodies The Medical Examiner or their assistants and authorized investigators are generally the only persons permitted to move, handle, or search a body known to be dead. An officer is permitted to make a reasonable search of an individual who it is reasonable to believe is dead, or near death, for information identifying the individual as a donor (Minn. Stat. § 525A.12). If a donor document is located, the Medical Examiner shall be promptly notified.
Should exigent circumstances indicate to an officer that any other search of a known dead body is warranted prior to the arrival of the Medical Examiner, the investigating officer shall first obtain verbal consent from the Medical Examiner.
The Medical Examiner is required to release property or articles to law enforcement that are necessary for conducting an investigation unless reasonable basis exists pursuant to Minn. Stat. § 390.225 Subd. 2 to not release the property or articles (Minn. Stat. § 390.221).
V. Death Notification Should a human death result from a fire, this department shall immediately notify the state fire marshal (Minn. Stat. § 299F.04 Subd. 5 (b)).
When practicable, and if not handled by the Medical Examiner, notification to the next-of- kin of the deceased person shall be made, in person, by the officer assigned to the incident. If the next-of kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification.
340 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
If a deceased person has been identified as a missing person, this department shall attempt to locate family members and inform them of the death and the location of the deceased missing person's remains. All efforts to locate and notify family members shall be recorded in appropriate reports and properly retained (Minn. Stat. § 390.25 Subd. 2 (b)).
VI. Unidentified Bodies Data Entry As soon as reasonably possible, but no later than 30 working days after the date a death is reported to the department, all available identifying features of the unidentified body, including dental records, fingerprints, any unusual physical characteristics and a description of clothing or personal belongings found on or with the body, shall be forwarded to the Medical Examiner for entry into the Missing Children and Missing Persons Information Clearinghouse and the National Crime Information Center (NCIC) file (Minn. Stat. § 390.25 Subd. 2 (a)).
VII. Death Investigation Reports All incidents involving a death shall be documented in an incident report.
VIII. Suspicious Deaths If the responding officers suspect that the death involves a homicide or other suspicious circumstances, the officer shall take steps to protect the scene and the on-call detective shall be notified to determine the need for an detective to respond to the scene for further immediate investigation. Command staff should be notified of any suspicious deaths.
Date: 1/1/2019
Approved by Chief Rick Mathwig
341 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 412 Controlled Substance Overdose Investigations
I. Purpose and Scope This policy provides guidance to officers responding to and investigating drug overdoses.
II. Policy When responding to suspected overdoses, officers should place a priority on employing life saving measures consistent with their training and department policies. Officers should treat all suspected overdoses as potential criminal investigations until determined otherwise. Any instances of fatal overdoses should primarily be considered a death investigation with a narcotics investigation being secondary. Response to fatal overdoses should include all instances where the victim(s) dies on scene as a result of the overdose or dies after being transported to the hospital
III. Responding Officer’s Responsibilities When responding to overdoses, officers should attempt to voluntarily obtain the following information regarding the victim: a. Their full name and contact information. b. Information about the drug they used (how much they used, how often they use it, how they administer the drug, etc.). c. Who did they get the drug from? Including any street names of suppliers. d. Contact information regarding their supplier (phone number(s), vehicle information, street address(es), social media information, frequency in which they buy from this individual, etc.). e. What medical facility the victim(s) were transported to and by whom. f. Officers should also document in their reports the results of any life-saving measures such as CPR, AED or Narcan usage and their effect on the victim(s). g. Officers should document in their reports any noticeable trauma on the victim(s) and additional observations such as needle marks, injuries, bruising or bleeding.
IV. 911 Caller and Witness Information The Minnesota Good Samaritan Law (Minn. Stat § 604A.05) provides immunity for any individual who summons medical assistance for someone suffering from a drug-related overdose so long as the person provides their full name, stays on scene and cooperates with authorities. Immunity is provided up to a 2nd Degree Controlled Substance Crime. Officers should interview any 911 callers and witnesses to obtain the following: a. Name and contact information of callers/witnesses. b. Observations of the victim(s) behavior prior to the overdose. c. Any information related to where and who the victim(s) obtained the drugs from. d. Any information on other narcotics (prescribed and non-prescribed) the victim may have taken and in what amounts. e. Victim's drug history, rehabilitation efforts and method of ingestion.
342 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Crime Scene and Evidence Collection at Fatal Overdoses In the event of a fatal overdose, officers should make every attempt to document and collect evidence relevant to the investigation pursuant to department policies. Officers should employ the following measures to preserve the crime scene and evidence: a. When reasonable to do so, attempt to obtain preliminary photographs of the scene and evidence. b. Contact detectives and/or the crime scene team to coordinate processing of the crime scene and obtaining necessary search warrants. Collect all available cell phones in addition to obtaining pass codes (if possible), the owner(s) information, cell phone number and provider.
Date: 1/1/2019
Approved by Chief Rick Mathwig
343 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 413 Missing Persons
I. Purpose and Scope This policy establishes guidelines and responsibilities for the investigation of all incidents of runaway, abducted, and/or missing and endangered children and missing adults reported to the Roseville Police Department.
II. Policy The Roseville Police Department recognizes there is a critical need for immediate and consistent response to reports of missing and endangered persons. The decisions made and actions taken during the preliminary stages may have a profound effect on the outcome of the case. Officers will initiate an investigation into all reports of missing persons, regardless of the length of time the person has been missing.
It is the department’s policy to establish guidelines and responsibilities for the consistent response to, and investigation of, all reports of missing and endangered persons as defined in Minnesota Statute § 299C.52, Subd. 1(c)(d). This policy addresses investigations where the person has been determined to be both missing and endangered and includes all procedures required by Minnesota Statute § 299C.52.
III. Definitions Definitions related to this policy include: a. Missing Person: Any person who is reported missing to law enforcement when that person’s location is unknown. This includes any person under the age of 18 or who is certified or known to be mentally incompetent (Minn. Stat. § 299C.52). b. Endangered: A person the Department has confirmed is missing and there is sufficient evidence to indicate that the person is at risk of physical injury or death. Examples include (Minn. Stat. § 299C.52): i. The person is missing because of a confirmed abduction or under circumstances that indicate the person's disappearance was not voluntary. ii. The person is missing under known dangerous circumstances. iii. The person is missing more than 30 days. iv. The person is under the age of 21 and at least one other factor is applicable. v. There is evidence that the person is in need of medical attention or prescription medication such that it will have a serious adverse effect on the person's health if the person does not receive the needed care or medication. vi. The person does not have a pattern of running away or disappearing. vii. The person is mentally impaired. viii. There is evidence that a non-custodial parent may have abducted the person. ix. The person has been the subject of past threats or acts of violence. x. There is evidence that the person is lost in the wilderness, backcountry or outdoors and immediate and effective investigation and search-and-rescue efforts are critical.
344 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
xi. Any other factor the Department deems to indicate the person may be at risk of physical injury or death, including a determination by another law enforcement agency that the person is missing and endangered. xii. There is sufficient evidence that a child is with a person who presents a threat of immediate physical injury to the child or physical or sexual abuse of the child. xiii. Qualify for a state AMBER Alert™ pursuant to Minn. Stat. § 299A.61, Subd. 1 c. Missing Person Network: Databases or computer networks that are available to law enforcement and are suitable for obtaining information related to missing person investigations. This includes the National Crime Information Center (NCIC), the Minnesota Justice Information Services (MNJIS), the Minnesota Missing and Unidentified Persons Clearinghouse and the Minnesota Crime Alert Network.
IV. Acceptance of Reports Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay. This can be accomplished by accepting the report via telephone or in person and initiating the investigation. Those members who do not take such reports or who are unable to give immediate assistance shall promptly dispatch or alert a member who can take the report. A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any question of jurisdiction (Minn. Stat. § 299C.53, Subd.1(a)).
V. Initial Investigation Officers or other members conducting the initial investigation of a missing person should take the following investigative actions as applicable: a. Respond to the call as soon as practicable. Obtain a detailed description of the missing person, as well as a description of any related vehicle and/or abductor. b. Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be endangered (Minn. Stat. § 299C.53, Subd. 1(b)). Interviews should be conducted separately, if practicable. c. Consult with the Bureau of Criminal Apprehension (BCA) if the person is determined to be an endangered missing person (Minn. Stat. § 299C.53, Subd. 1(b)). d. Canvass the last known area where the missing person was seen, if known. A search of the location where the incident took place, if known, should also be conducted and a search warrant obtained if necessary. e. Determine when, where and by whom the missing person was last seen. Interview the person who last had contact with the missing person. f. Notify a supervisor immediately if there is evidence that a missing person is either endangered or may qualify for a public alert. g. Broadcast an “Attempt to Locate” (ATL) or similar alert if the person is under 18 years of age or there is evidence that the missing person is endangered. The alert should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 18 years of age or may be endangered.
345 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
h. Relay known details to all on-duty personnel as well as other local or surrounding law enforcement agencies using local and state databases. i. Ensure that entries are made into the appropriate missing person networks: i. Immediately, when the missing person is endangered (Minn. Stat. § 299C.53, Subd. 1(b)). ii. In all other cases, as soon as practicable, but not later than two hours from the time of the initial report. j. Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts. k. Collect and/or review: i. A photograph and fingerprint card of the missing person, if available (Minn. Stat. § 299C.54, Subd. 2). ii. A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush). iii. Any documents that may assist in the investigation, such as court orders regarding custody. iv. Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers). l. When circumstances permit and if appropriate, attempt to determine the missing person's location through his/her telecommunications carrier. m. Contact the appropriate agency if the report relates to a missing person report previously made to another agency and that agency is actively investigating the report. When this is not practicable, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an endangered missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person. n. Implement multi-jurisdictional coordination/mutual aid plan as appropriate such as when: i. The primary agency has limited resources. ii. The investigation crosses jurisdictional lines. iii. Jurisdictions have pre-established task forces or investigative teams.
VI. Crime Scene Investigation and Management If a crime scene is identified, it should be secured and a command post or operation base located at a reasonable distance from the crime scene. Staff and assign the responsibilities for command post supervisor, media specialist, search coordinator, investigative coordinator, communication officer and support unit coordinator. Provide two liaison officers (one at the command post and one at the crime scene). The role of the liaison at the home will include facilitating support and advocacy for the family. The investigation of the scene and the crime should consider various elements, including: a. Establishing the ability to “trap and trace” all incoming calls. Consider setting up a separate telephone line or cellular telephone for department use and follow-up on all leads.
346 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Compiling a list of known sex offenders in the region. c. In cases of infant abduction, investigating claims of home births made in the area. d. In cases involving children, obtaining child protective agency records for reports of child abuse. e. Reviewing records for previous incidents related to the missing person and prior law enforcement activity in the area, including prowlers, indecent exposure, attempted abductions, etc. f. Obtaining the missing person’s medical and dental records, fingerprints and a biological sample when practicable or within 30 days. g. Creating a missing person profile with detailed information obtained from records and interviews with family and friends, describing the missing person’s health, relationships, personality, problems, life experiences, plans, equipment, etc. h. Interviewing delivery personnel, employees of gas, water, electric and cable companies, taxi drivers, post office personnel, sanitation workers, etc. i. Determining if outside help is needed and the merits of utilizing local, state and federal resources related to specialized investigative needs, including: i. Investigative resources (e.g., search and rescue). ii. Interpretive resources. iii. Telephone services, such as traps, traces and triangulation. iv. Media assistance from local and national sources. j. Using secure electronic communication information, such as the missing person’s cellular telephone number, e-mail address and information from social networking sites. k. Appointing an officer to communicate with the family/reporting party or their designee. The officer will be the primary point of contact for the family/reporting party or their designee, and should provide contact information and the family information packet (if available) to the family/reporting party or their designee. l. Providing general information to the family/reporting party or their designee about the handling of the missing person case or about any intended efforts, only to the extent that disclosure would not adversely affect the department’s ability to locate or protect the missing person or to apprehend or criminally prosecute any person in connection to the case.
VII. Reporting Procedures Officers should complete all missing person reports and forms promptly and advise the appropriate supervisor as soon as possible.
VIII. Supervisor Responsibilities The responsibilities of the supervisor shall include, but are not limited to: a. Reviewing and approving missing person reports upon receipt. b. The reports should be promptly sent to the Records Unit. c. Ensuring resources are deployed as appropriate. d. Initiating a command post as needed. e. Ensuring applicable notifications and public alerts are made and documented.
347 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. Ensuring that records have been entered into the appropriate missing persons networks. g. Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction.
IX. Support Services Responsibilities The responsibilities of the Support Services receiving member shall include, but are not limited to: a. As soon as reasonable under the circumstances, notifying and forwarding a copy of the report to the agency of jurisdiction for the missing person’s residence in cases where the missing person is a resident of another jurisdiction. b. Notifying and forwarding a copy of the report to the agency of jurisdiction where the missing person was last seen. c. Notifying and forwarding a copy of the report to the agency of jurisdiction for the missing person’s intended or possible destination, if known. d. Forwarding a copy of the report to the Investigative Division. e. Coordinating with the NCIC Terminal Contractor for Minnesota to have the missing person record in the NCIC computer networks updated with additional information obtained from missing person investigations (42 USC § 5780).
X. Amber Alert America’s Missing: Broadcast Emergency Response (AMBER) Alert™ is the program to recruit public assistance to locate an abducted child via a widespread media alert. Utilizing the assistance of local radio, television and press affiliates, the public will be notified of the circumstances of a child’s abduction and how it can assist law enforcement in the child’s recovery. The goal of the AMBER Alert program is the safe return of an abducted child by establishing an effective partnership between the community, the media and law enforcement through the Minnesota Crime Alert Network (Minn. Stat. § 299A.61 Subd. 1).
Any non-familial case in which an individual is abducted and the public can assist will trigger the activation of either the AMBER Alert and/or the Minnesota Crime Alert Network (MCAN) to inform the public and request its assistance in locating the individual. The criteria for issuance of an Amber Alert are as follows: a. A child 17 years of age or younger is abducted and there is reason to believe the victim is in imminent danger of serious bodily injury or death. b. There is information available to disseminate to the general public that could assist with the safe recovery of the victim and/or the apprehension of the suspect. An AMBER Alert should not be requested if there is no information to distribute.
XI. Amber Alert Procedures The supervisor shall review the AMBER Alert checklist provided by the Bureau of Criminal Apprehension (BCA) to determine whether the abduction meets the AMBER Alert criteria.
348 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
As soon as possible, Records Unit personnel shall enter the child’s name and other critical data into the National Crime Information Center (NCIC), with appropriate flags.
If the AMBER Alert criteria is met, the supervisor, Shift Supervisor or Investigative Lieutenant or designee will notify the Operations Center at the BCA. The BCA will determine whether an AMBER Alert will be issued and, if so, will activate the Minnesota Emergency Alert System (EAS) through the Minnesota Department of Public Safety (DPS) Division of Homeland Security and Emergency Management (HSEM).
BCA will manage press notifications through the EAS. As additional information becomes available, the BCA shall be apprised and they will disseminate the information, as appropriate. When the child is found, or the alert should be cancelled for other reasons, the Investigative Lieutenant or designee shall immediately notify BCA with the pertinent information.
XII. Minnesota Crime Alert Network MCAN is a statewide communications network that enables law enforcement agencies to quickly alert the public (Minn. Stat. § 299A.61). In cases where the AMBER Alert criteria are not met, MCAN can be activated to notify the public and request information on the case. Law enforcement agencies, businesses, schools and community members participate in the network.
MCAN is available for disseminating information regarding the commission of crimes, including information on missing and endangered children or vulnerable adults, or attempts to reduce theft and other crime. If a supervisor determines that a MCAN alert should be requested, the supervisor should contact the BCA Operations Center and provide the requested information.
XIII. Investigations Follow-up In addition to completing or continuing any actions listed above, the detective assigned to a missing person investigation should: a. Ensure that the missing person’s school is notified within 10 days if the missing person is a juvenile. The notice shall be in writing and should also include a photograph. The investigator should meet with school officials as appropriate to stress the importance of including the notice in the child’s student file, along with the investigator’s contact information if the school receives a call requesting the transfer of the missing child’s files to another school. b. Recontact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to determine if any additional information has become available. c. Review the case file to determine whether any additional information received on the missing person indicates that the person is endangered, and shall update applicable
349 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
state or federal databases accordingly (Minn. Stat. § 299C.535(b); Minn. Stat. § 299C.535(c)). d. Attempt to obtain the following, if not previously obtained, if the person remains missing after 30 days (Minn. Stat § 299C.535(a)): i. Biological samples from family members and, if possible, from the missing person. ii. Dental information and X-rays. iii. Additional photographs and video that may aid the investigation or identification. iv. Fingerprints. v. Any other specific identifying information. e. Consider contacting other agencies involved in the case to determine if any additional information is available. f. Verify and update the Minnesota Justice Information Services (MNJIS), the Minnesota Missing and Unidentified Persons Clearinghouse, NCIC and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (42 USC § 5780). g. Continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days. h. Consider taking certain actions if a person is missing after a prolonged period, generally exceeding 45 days. Those actions include: i. Developing a profile of the possible abductor. ii. Using a truth verification device for parents, spouse and other key individuals. iii. Reviewing all reports and transcripts of interviews, revisiting the crime scene, reviewing all photographs and videotapes, reinterviewing key individuals and reexamining all physical evidence collected. iv. Reviewing all potential witness/suspect information obtained in the initial investigation and considering background checks on anyone of interest identified in the investigation. v. Periodically checking pertinent sources of information about the missing person for any activity, such as telephone, bank, Internet or credit card activity. vi. Developing a time line and other visual exhibits. vii. Critiquing the results of the ongoing investigation with appropriate investigative resources. viii. Arranging for periodic media coverage. ix. Considering the use of rewards and crime-stoppers programs. x. Maintaining contact with the family and/or the reporting party or designee, as appropriate. i. Maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (42 USC § 5780). j. Make appropriate inquiry with the Medical Examiner.
350 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
k. Obtain and forward medical and dental records, photos, X-rays and biological samples, as applicable. l. Attempt to obtain the most recent photograph for persons under 18 years of age if it has not been obtained previously, forward the photograph to BCA (Minn. Stat. § 299C.54) and enter the photograph into applicable missing person networks (42 USC § 5780). m. Consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). n. In the case of an endangered missing person or a person who has been missing for an extended time, consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC § 566).
XIV. When a Missing Person is Found When any person reported missing is found, the assigned detective shall document the location of the missing person in the appropriate report, notify the reporting party and other involved agencies and refer the case for additional investigation if warranted. The Support Services Supervisor shall ensure that, upon receipt of information that a missing person has been located, the following occurs: a. Notification is made to BCA. b. A missing child’s school is notified. c. Entries are made in the applicable missing person networks (Minn. Stat § 299C.53, Subd. 2). d. When a child is endangered, the fact that the child has been found shall be reported within 24 hours to BCA. e. Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation.
XV. Missing Persons Found Alive Additional responsibilities related to missing persons who are found alive include: a. Verification that the located person is the reported missing person. b. If appropriate, arranging for a comprehensive physical examination of the victim. c. Conducting a careful interview of the person, documenting the results of the interview and involving all appropriate agencies. d. Notifying the family/reporting party that the missing person has been located. In adult cases, if the located adult permits the disclosure of their whereabouts and contact information, the family/reporting party may be given this information. e. Depending on the circumstances of the disappearance, considering the need for reunification assistance, intervention, counseling or other services for either the missing person or family/reporting party. f. Performing a constructive post-case critique. Reassessing the procedures used and updating the department policy and procedures as appropriate.
351 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XVI. Unidentified Persons Department members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should: a. Obtain a complete description of the person. b. Enter the unidentified person’s description into the NCIC Unidentified Person File. c. Use available resources, such as those related to missing persons, to identify the person.
XVII. Deceased Persons If a deceased person has been identified as a missing person, the Investigative Division shall attempt to locate family members and inform them of the death and the location of the deceased missing person’s remains. All efforts to locate and notify family members shall be recorded in appropriate reports and properly retained (Minn. Stat. § 390.25, Subd. 2). Additional investigation responsibilities include the following: a. Secure the crime scene if this department has jurisdiction. b. Contact the coroner, Medical Examiner or forensic anthropologist to arrange for body recovery and examination. c. Collect and preserve any evidence at the scene. d. Depending on the circumstances, consider the need for intervention, counseling or other services for the family/reporting party. e. Cancel alerts and remove the case from NCIC and other information systems; remove posters and other publications from circulation. f. Perform a constructive post-case critique. Reassess the procedures used and update the department policy and procedures as appropriate.
XVIII. Case Closure The Investigative Lieutenant may authorize the closure of a missing person case after considering the following: a. Closure is appropriate when the missing person is confirmed returned or evidence matches an unidentified person or body. b. If the missing person is a resident of Roseville or this department is the lead agency, the case should be kept under active investigation for as long as the person may still be alive. Exhaustion of leads in the investigation should not be a reason for closing a case. c. If this department is not the lead agency, the case can be made inactive if all investigative leads have been exhausted, the lead agency has been notified and entries are made in the applicable missing person networks, as appropriate. d. A missing person case should not be closed or reclassified because the person would have reached a certain age or adulthood or because the person is now the subject of a criminal or civil warrant.
XIX. Required Forms and Biological Sample Collection Kits The Investigation Supervisor shall ensure the following forms and kits are developed and available: a. Missing person report form.
352 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation. c. Missing person school notification form. d. Medical records release form. e. Biological sample collection kits.
Date: 1/1/2019
Approved by Chief Rick Mathwig
353 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 414 Bias Motivated Crimes
I. Purpose and Scope This policy establishes procedures for the investigation of bias motivated crimes.
II. Policy The Roseville Police 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 violence, threats or other harassment, this department will utilize all available resources to ensure a thorough investigation is completed.
III. Definition Hate or Prejudice Crime: Conduct that would constitute a crime and was committed because of the victim’s or another’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability (see generally Minn. Stat § 611A.79 Subd. 1).
IV. Responding to Bias Motivated or Hate Crimes Whenever any member of this department receives a report of a suspected hate or prejudice crime or other activity that reasonably appears to involve a potential hate or prejudice crime, the following should occur: a. The responding officer should contact the victim, witness or reporting party to investigate the matter. b. A supervisor should be notified of the circumstances as soon as practicable. c. Once "in progress" aspects of any such situation have been stabilized (e.g., treatment of victims or apprehension of present suspects), the assigned officers will take all reasonable steps to preserve available evidence that may tend to establish that a hate or prejudice crime was involved. d. The assigned officers will interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a hate or prejudice crime. e. Depending on the situation, the assigned officers or supervisor may request additional assistance from investigators or other resources to further the investigation. f. The assigned officers will include all available evidence indicating the likelihood of a hate or prejudice crime in the relevant report(s). All related reports will be clearly marked as "Hate or Prejudice Crimes". g. The assigned officers and supervisor should take reasonable steps to ensure that any such situation does not escalate further and provide information to the victim regarding legal aid, e.g., a possible Temporary Restraining Order through the courts, prosecuting attorney or City Attorney.
354 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Investigative Responsibilities If a case is assigned to the Investigative Division, the assigned detective will be responsible for following up on the reported hate or prejudice crime as follows: a. Coordinating further investigation with the prosecuting attorney and other appropriate law enforcement agencies, as appropriate. b. Maintaining contact with the victim(s) and other involved individuals as needed.
VI. State Hate Crime Reporting This department shall report hate or prejudice crime offenses in the form and manner and at regular intervals as prescribed by rules adopted by the Department of Public Safety. This shall be completed by the records supervisor or assigned to the Investigation Division (Minn. Stat § 626.5531).
The records supervisor should include hate crime data reporting within the National Incident Based Reporting System (NIBRS), Uniform Crime Report (UCR) and Summary Reporting System (SRS) reports pursuant to Records Unit procedures and in compliance with (28 USC § 534 (a)).
Date: 1/1/2019
Approved by Chief Rick Mathwig
355 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 415 Fuel Drive Offs
I. Purpose and Scope This policy is establishes guidelines for responding to reported fuel drive-offs/no pay customers.
II. Policy The department understands the need for consistencies in the handling of fuel drive-offs/no pay customers. The department also understands that this type of call is both civil and criminal in nature. In order to maintain consistency in handling these types of calls, the following procedures will be followed for reported fuel drive-offs/no pay customers.
III. Responding Officer Responsibility Officers will respond to gas drive-offs and do the following: a. The officer will make a reasonable effort to check the area for the suspect vehicle. b. Query the license plate to confirm the vehicle or license plates are not reported stolen. If either of those items is reported stolen, the officer will get a statement from the witness of the incident. c. If the vehicle or license plates are not reported stolen, the officer will ensure the service station understands what is needed for criminal prosecution of a fuel drive-off. d. The responding/investigating officer will provide the retailer with his/her name and assigned case number. e. If the retailer is able to meet all requirements for criminal investigation, to include the 30-day demand for payment waiting period has passed without payment, the officer will accept the retailer’s documentation and imaging for criminal prosecution. f. The officer will additionally explain to the service station retailer any financial compensation or assistance will come from civil proceedings and then direct the service station to the Roseville Police Department website for further information on civil proceedings and/or to the Minnesota Petroleum Marketers Association. g. Officers are also encouraged to explain to service stations ways and techniques to minimize the number of fuel drive-offs that take place at their location.
IV. Requirements for Criminal Investigation The following criteria shall be met by the retailer in order for the department to criminally investigative any fuel theft: a. License plate and description of the vehicle matches queried registration. b. Video/digital imaging of sufficient quality is obtained to aid in prosecution. The video/digital imaging will show the suspect vehicle’s license plate that the fuel was dispensed into, and the suspect dispensing the fuel as the theft is taking place. c. The retailer will be required to complete a Motor Fuel Drive Off Report. d. Complete copy of a Notice and Demand of Payment for Motor Fuel along with a copy of the certified mail receipt showing the 30-day waiting period has passed without payment.
356 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. The total fuel theft must exceed $50.00.
V. Registration Information In all cases, the Roseville Police Department will not provide registration information to fuel retailers on drive-off situations whether civil or criminal in nature. Some registration information may be classified private data and cannot be distributed on civil matters.
Date: 1/1/2019
Approved by Chief Rick Mathwig
357 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 500 Crime Analysis
I. Purpose and Scope This policy is to establishes and explain procedures for the analysis and dissemination of crime information.
II. Policy It is the policy of the Roseville Police Department to use all available resources to regularly collect information on reported crimes and criminals in an ongoing effort to prevent and suppress crime and to apprehend offenders.
III. Information Resources The crime analysis process will use data from any useful and reliable source, such as: a. Incident reports. b. Citation Issuance. c. CJIS/NCIC. d. State and Federal Intelligence Organizations (BCA, FBI, DEA, etc.). e. The agency’s records management system. f. Joint Task Force data. g. Local, state and national criminal justice agencies and associations.
IV. Dissemination of Crime Information Regularly produced information on criminal activity will be distributed as shown above, with the understanding the widest possible distribution, internally and externally, will be the most effective means of crime prevention. The Community Relations Coordinator / Crime Analyst will prepare an annual analysis of the crime data identified in this policy, and may include other sources which are or become available. The analysis will address major criminal activities in the Roseville Police Department’s jurisdiction, crime trends, and effectiveness of crime prevention methods (Neighborhood Watch Groups, Centurion Alarms, etc.) which were used during the year of analysis. The Operations Lieutenant may work with the Community Relations Coordinator in preparing the analysis.
V. Feedback and Program Evaluation Ongoing feedback on the effectiveness of crime analysis will come from routine staff meetings and written or verbal comments.
Date: 1/1/2019
Approved by Chief Rick Mathwig
358 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 501 Police Reserves
I. Purpose and Scope This policy establishes procedures and guideless for the department’s reserve officers to follow in the performance of duty, and to clarify for all department employees the role of the reserve officer.
II. Policy The Roseville Police Department recognizes the reserve officer unit as a critical and valued resource in the handling of police-related and civic duties.
III. Definition and Purpose Minnesota State law defines Reserve Officers as non-licensed civilians who volunteer to assist police departments. The Reserve Officers are not law enforcement officers and are utilized for activities that do not require a sworn law enforcement officer.
The primary purpose of Reserve Officers is to patrol city parks to deter vandalism and other types of crime through a visual presence and through the issuance of administrative offense tickets and court citations.
Secondarily, Reserve Officers are frequently asked to assist with traffic and/or crowd control for special events throughout the City or at accident scenes, may perform animal control functions if a Community Service Officer is not available, and are to assist sworn officers as requested and commensurate with level of training.
IV. General Duties and Rules All actions by the Reserve Officer shall be governed by the Roseville Police Department Policy and Procedure Manual and the Roseville City Code. Attendance at monthly training and informational meetings is mandatory and will be documented by assigned Reserve personnel. a. Starting Shift: When a Reserve Officer arrives at the department to work either a park patrol squad, ride-along or special event, their duty is to notify the Duty Sergeant and await any instructions before checking into service. b. Patrol Areas: The park squad is to patrol only in Roseville parks or areas assigned by the Duty Sergeant. A patrol vehicle should not be driven from park to park. It is better to patrol fewer parks thoroughly than to skim over all the parks. c. Use of Marked Squads: Reserve Officers may use marked squads for purposes of visibility in park patrol or for traffic control; however, Reserves may not use a marked squad to stop another vehicle. Visibar (emergency lights) may be used in a stationary position and would include awaiting the arrival of a tow truck or blocking/diverting traffic at a crime or accident scene. Authorization to use emergency lights would be authorized at public/community engagement events, parades and as directed by the Duty Sergeant or a sworn officer.
359 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
d. Public Contact: Reserve Officers are expected to make contact with the public while patrolling City parks. e. Joining Police Calls: Reserve Officers are not to run in on any police calls unless directed to do so by the Duty Sergeant or a sworn officer. f. Property Checks: Check only the property/buildings belonging to the City of Roseville unless otherwise assigned by the Duty Sergeant. g. Watch Property Program: Reserve Officers are authorized to assist the department’s patrol division with this program. Should a reserve officer discover a watch property address unsecure, he/she shall call a sworn officer to the address for further direction. Under no circumstances should a reserve officer enter an unsecure watch property address without first seeking approval from the Duty Sergeant. h. Proper Training Required: Reserve officers will not perform any duties for which they have not received training, unless under the supervision of the Field Training Officer (FTO). Training will be provided through the FTO period and monthly Reserve meetings. Training records are maintained by the Reserve Captain. i. If the Reserve Officer on duty encounters an incident or procedure that he/she is uncertain how to handle, the Duty Sergeant should be called to help or to assign an officer to help. j. Pursuits: Reserve Officers will not engage in vehicle pursuits in or outside the parks. k. Uniforms and equipment: Uniform and equipment regulations are described in detail in the Reserve Officer Training Manual. The uniform is intended to represent authority while being clearly distinguished from sworn officers. Reserve Officers must be careful to not mislead the public into thinking the Reserve Officer is a licensed law enforcement officer. l. Less Than Lethal Weapons: Police Reserve Officers authorized to use less than lethal force weapons will receive in-service training commensurate with the limits and scope of their job responsibilities and demonstrate proficiency annually (reference Use of Force Policy 101 in this manual for further clarification). In addition, Reserve Officers carrying a Taser will meet the following criteria: i. Will have been on the unit for two or more continuous years ii. Will volunteer a minimum of 25 hours/month or 250 hours/year iii. Have the recommendation of the Reserve command staff and the sworn police liaison.
V. Issuance of Citations by Reserve Officers a. Permitted Citations: In keeping with the duties assigned Reserve Officers to enforce City Ordinances, and in accordance with Section 102.02 of the Roseville City Code, Reserve Officers will be allowed to issue citations without assistance from sworn officers. Reserve Officers will write Ramsey County Court Citations unless directed otherwise by the Duty Sergeant, for the following offenses: i. Chapter 501: Animal Control ii. Chapter 602: Stopping, Standing and Parking iii. Chapter 701: Parks and Recreation
360 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Ramsey Court Citations: All Ramsey Court Citations written solely by Reserves will be specified in writing as petty misdemeanors. c. Requesting Assistance: District squads should be requested if any problems or questions arise, or if enforcement of any ordinance or statute requiring a sworn officer is desired. d. Taking Persons into Custody: Reserve Officers do not have authority to take persons into custody except at the direction of a sworn officer. e. Citation Books: A citation book will be kept in the Reserve Office when not in use by the Reserve squad. Reserve Officers may also check out citation books individually but are encouraged to use the Ticket Writer program.
VI. Ride-Alongs and Miscellaneous Duties a. Law Enforcement Involvement: When riding-along, Reserve Officers are not to become involved in general law enforcement or police calls except as directed by the regular squad officer. b. Powers of Arrest: As a ride-along, the Reserve Officer has the same powers of arrest as a private citizen. c. Written Reports for Ride-Alongs: When requested to do so by a sworn officer, Reserve Officers are to write reports on what they observed and did. The report may be a self- initiated incident or a supplement to a sworn officer’s report. d. Witnessing Violations: If a Reserve Officer witnesses a violation of an ordinance or statute which the Reserve Officer is not authorized to handle, the Reserve Officer should call the district squad while observing and taking notes. The Reserve Officer should not get into a physical confrontation except as a last resort and then only with the same citizen arrest powers listed in state statutes. e. Assisting Sworn Officers: Reserve Officers may, at the direction and discretion of the Duty Sergeant, assist officers on duty in any non-licensed activity as the Reserve's training and ability allows.
Date: 1/1/2019
Approved by Chief Rick Mathwig
361 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 502 Property and Evidence Control
I. Purpose and Scope This policy ensures for the storage and security of evidence and other property.
II. Policy The Roseville Police Department maintains procedures, security, accountability, and system integrity for property management and evidence control that assures administrative and legal compliance.
III. General Guidelines The property management system is based on the following guidelines: a. Department employees who take property or evidence into their custody are responsible for the reasonable care and safekeeping of such property or evidence. b. Property or evidence which has been placed within an employee's custody will not be kept in their personal possession beyond their work shift without the knowledge and authorization of their supervisor. c. Property or evidence coming into the custody or control of the department will be handled in such a manner as to prevent or minimize damage, to provide safekeeping, to identify the legal owner, or to return to a finder making lawful claim. d. Items of evidentiary value will be handled in a manner that maintains the integrity of the chain of possession. Whenever possible, and only with the authorization of the appropriate prosecuting attorney, evidentiary items will be photographed in an effort to facilitate the timely return of these items to the owner. e. Only the Property Room Manager, the Investigative Lieutenant or the Chief of Police has the authorization to process property and evidence. f. Only the Property Room Manager, Investigative Lieutenant (or designee), or the Chief of Police are authorized to enter the property and evidence storage areas; others may enter only if accompanied at all times by authorized personnel. g. The handling of all property and evidence will be done pursuant to Federal Rules, State statutes, City Ordinance and established and accepted guidelines. h. Evidence will be retained in accordance with the Ramsey County Uniform Evidence Retention Policy.
IV. Property Room Management Centralizing responsibility for property control enhances accountability and security. The Investigative Lieutenant will designate two persons to be responsible for property in custody of the agency and found, recovered or evidentiary property. The Investigative Lieutenant may assign additional persons and property responsibilities as required.
The Property Room Manager is accountable for control of all property accepted by or stored in the agency's property storage areas. Additional duties of the Property Room Manager include:
362 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Create records of the chain of possession in all classifications of property placed into the secure property and evidence storage areas. b. Provide for the security of all property coming into agency control. c. Allow for the timely availability of such property when needed or required. d. Provide maintenance to all property coming into agency control by utilizing accepted standards. e. Dispose of such property as appropriate by utilizing accepted standards when all legal requirements have been met. f. Other duties and responsibilities as determined by the Investigative Lieutenant.
V. Property Security Property security, packaging and records will be maintained in accordance with the procedures outlined in this policy. All property stored by this agency is within one of the following designated secure areas: a. Evidence lockers. b. Property and evidence room. c. Bicycle storage room in lower garage. d. Physical evidence processing refrigerator. e. Temporary secure holding facilities as contracted by the Investigative Lieutenant. f. Money held by a commercial bank.
VI. Authorized Access to Property Room The Property Room Manager has control of the keys for all secure property and evidence storage areas. Personnel authorized access to these areas are limited to the following and are listed in the order of access priority: a. Property Room Manager. b. Investigative Lieutenant. c. Select investigative staff member who is chosen by the Investigative Lieutenant. d. Chief of Police. In the event of an emergency, the Chief of Police has a key for the property room. Access to secure areas should always be accomplished by the available person with the highest access priority. Other persons will not be allowed access or visitation to secure property areas unless accompanied at all times by authorized personnel. Support personnel are allowed access only for assigned tasks and may not be left unattended by authorized personnel.
VII. Semi-Annual Property Room Inspections The Investigative Lieutenant will inspect the property/evidence room semi-annually to ensure adherence to procedures for the control of property and evidence. Inspection records will be maintained by the Investigative Lieutenant with a copy to the Chief. The inspection will determine, at a minimum: a. Property room and storage areas are being maintained in a clean and orderly fashion.
363 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Provisions of agency orders and policies concerning property management are being followed. c. Property is being protected from damage or deterioration. d. Proper accountability procedures are being maintained. e. Property with no further evidentiary value is being disposed of promptly.
VIII. Unannounced Inspections The Operations Lieutenant will order an unannounced inspection of the property room and storage areas. The inspector should be someone with no control over property room operations. This inspection will include a random comparison of the records to the physical property in agency control. The overall purpose is to provide for review of property accountability, security, and proper maintenance. The inspection is intended to be conducted in addition to and in support of other regularly scheduled inspections. Inspection results will be submitted to the Chief of Police and the Investigative Lieutenant.
IX. Inventory During Custodial Change Whenever a new Property Room Manager is designated, an inventory of property will be conducted jointly by the new and outgoing custodian to ensure records are correct and properly annotated. The purpose of the inventory is to ensure the continuity of custody and not to require the accounting of every single item of property. The inventory should be sufficient to ensure the integrity of the system and the accountability of the property. At a minimum, the inventory will: a. Include a careful review of a sufficient number of property records to ensure proper documentation and accountability; b. Review and ensure records are current and properly annotated; and c. Include the recording of all discrepancies prior to the assumption of property accountability by the newly appointed Property Room Manager. Discrepancies will be forwarded to the Property Room Manager's Supervisor.
X. Annual Audit An annual audit of secure property and evidence storage areas will be conducted by a supervisor not routinely or directly connected with control of property and not assigned to the Investigations Division. The purpose of this audit is to independently ensure the integrity of the system and not to require an accounting of every item of property. The inspecting supervisor will be appointed by the Chief of Police and will submit a report of their findings to the Chief and the Investigative Lieutenant.
XI. Report of Abandoned Property/Money The Investigative Lieutenant or designee shall or designee shall complete an annual report of presumed abandoned property as described in law to the Commissioner of Commerce. The report is to cover the 12-month period ending July 1 each year and is to be filed before October 31 each year (Minn. Stat. § 345.41).
364 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
XII. Special Property Protection Extra security should always be considered for property that may be sensitive, high in value, or otherwise constituting an increased security risk. The following property or evidence will be secured in specially designated areas within the property room. a. Money b. Precious Metals c. Jewelry d. Gemstones e. Weapons f. Narcotics g. Dangerous Drugs
XIII. Narcotics and Dangerous Drugs Narcotics or other dangerous drugs will not be released by this agency to a civilian. Narcotics will be disposed of only by destruction, retention, in a buy-back or permanent storage capacity pending possible use by this agency in an authorized investigation. If a controlled substance is requested by another agency from this agency's custody, the Property Room Manager will be responsible for the transfer in accordance with proper departmental regulations. Narcotics/controlled substances will be stored in a locked room in the secured property room. Special attention will be paid to this area during the periodic inventories and inspections. The acceptance and release of narcotics from the property room is regulated by both a quality and quantity control system: a. Narcotics and dangerous drug evidence will be counted (capsules, pills) as well as weighed. Counting should be performed in addition to, not in lieu of, weighing. b. All narcotics and dangerous drugs will be inspected upon receipt and before transfer or destruction by the Property Room Manager to verify the amount of capsules or pills and the weight of the drugs. This shall be documented on the property receipt by the Property Room Manager. c. Exceptions to weighing or counting a substance are permissible when they are in officially sealed, tamper-proof protective packages either by the officer originally seizing and sealing the item or by the manufacturing (e.g., a bottle of suspected controlled substance in capsules still in the original factory sealed container).
XIV. Refrigerated Storage All perishable property of potential evidentiary value will be secured in the property refrigerators. If size or other practical factors make refrigerated storage infeasible, the property will be photographed and returned to its legal owner as soon as practical and within legal and departmental guidelines.
XV. Final Disposition of Property Items of property and evidence shall be maintained until such time as it loses its evidentiary value, meets ordinance requirements relating to other classifications of property, meets retention schedule criteria, disposal is authorized by City or County
365 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Attorney or the statute of limitations has expired. Final disposition should be made no later than six months after legal requirements have been satisfied. Property and evidence will be disposed of in one of the following manners: a. Returned to rightful owner. b. Returned to a legal claimant, if other than rightful owner. c. Liquidated at public auction held in accordance with the Roseville City Code, section 508.01 “Sale of Unclaimed Property.” d. Retained by the department/city as agency property. e. Kegs and tappers sold to licensed liquor stores with proceeds payable to the City of Roseville. f. Firearms: i. Trade of legal weapons toward department weaponry needs. ii. If taken in a case where no criminal action occurred, may be returned to rightful owner at the discretion of the Chief of Police upon proof of ownership. iii. If taken in conjunction with criminal activity, may be returned to rightful owner with a court order or destroyed after one year. iv. Hand and long guns held for a minimum period of 60 days will be destroyed. g. Destruction of property i. Contraband: 1. Controlled Substances -- Requires witnessed disposal via sanitary sewer system. 2. Drug Paraphernalia -- Requires witnessed disposal by what is necessary (smashing, trashing, incineration, etc.). 3. Weapons -- Will be destroyed at a foundry or provided to the Department for training or display. 4. Ammunition -- That which cannot be put into service will be provided to a Roseville Range Officer for disposal. 5. Fireworks -- That which cannot be put into service for training will be destroyed via soaking in water. ii. Clothing: Used or soiled clothing items will be packaged and placed in garbage for normal sanitary pickup. iii. Valueless Property: Items of property with no monetary value will be kept for at least seven days, at which time the items will be taken care of in the appropriate fashion as indicated below: 1. Credit Cards will be returned to the issuing agency whenever practical or destroyed. 2. Documents will be shredded prior to being placed into garbage for normal sanitary pickup. h. Items owned or issued by city, county, state or federal agencies will be returned to those agencies as appropriate. This would include such items as license plates and drivers’ licenses being returned to the Minnesota Department of Transportation or destroyed, or street/regulatory/warning signs being returned to the proper agency.
366 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
i. Money not held for evidentiary purposes will be retained in the property room for 90 calendar days. After such time, the money will be deposited into a commercial bank for safe keeping. A photograph of the money will be taken prior to deposit. If the amount deposited in commercial bank differs from the sum total of all currency envelopes, the money will be returned to the property room for a recount by at least two supervisory personnel in the department. If the amount differs from the currency envelopes, the Property Room Manager will complete a memorandum and forward the memorandum to the Chief of Police describing the discrepancy.
Money held as evidence which may or may not undergo forensic testing will be held in the property room. The Property Room Manager, or designee, will consult with the proper prosecuting attorney for final case disposition and if the money has lost its evidentiary value.
All money which appears to have a collector value will be retained in the Property room. The Property Room Manager will keep a ledger of all money which has been taken in and released from the property room. j. Other items of property/evidence which have not been specifically identified will be disposed of as appropriate. A summary of the process of disposal will be made a part of the original property receipt documentation. Safes and grave markers are examples of such property.
XVI. Property Records This agency will maintain accurate records of all evidence and classifications of property within the department. Evidence and property records will be kept in the property room and maintained by the Property Room Manager. Other property and evidence records will be kept and maintained as directed by the Investigative Lieutenant.
XVII. Evidence Retention Evidence shall be held in accordance of the Ramsey County Uniform Evidence Retention Period (Effective April 5. 2004, Revised February 7, 2006). The Ramsey County Uniform Evidence Retention Policy provides evidence retention procedures for felony cases in Ramsey County. The purpose of the policy is to ensure that evidence is handled in a manner that protects the public safety and the rights of the accused. The policy will have a positive impact on the quality of justice in this jurisdiction.
The Uniform Evidence Retention Policy was developed by the Ramsey County Attorney's Office with extensive input and strong support from law enforcement agencies in Ramsey County and Ramsey County District Court. It is intended to guide law enforcement, prosecutors and the courts.
The policy reflects scientific advances in DNA technology and resulting changes in post-
367 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
conviction and statute of limitations law in Minnesota. The policy seeks to ensure that biological evidence is retained whenever appropriate. It also permits the earlier, orderly disposition of other evidence. Nothing in the policy bars law enforcement from retaining property longer than recommended. The policy is consistent with the requirements of the Potentially Hazardous Exhibits Procedures adopted by the Conference of Chief Judges and implemented in Ramsey County District Court effective January 1, 2004, as amended February 20, 2004.
The retention of records shall be in compliance will all state and city data laws. Evidence will be retained for all pending civil litigation against the city.
Date: 1/1/2019
Approved by Chief Rick Mathwig
368 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 503 Procession of Property Seized for Administrative Forfeiture
I. Purpose and Scope This policy describes the authority and procedure for the seizure, forfeiture, and liquidation of property associated with specified designated offenses and controlled substance offenses (Minn. Stat. § 609.531 to Minn. Stat. § 609.5318).
II. Policy The Roseville Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime, and reduce the economic incentive of crime. However, the potential of revenue shall not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations, or the due process rights of citizens. All employees shall follow all state and federal laws pertaining to forfeiture.
III. Definitions a. Cash: Money in the form of bills or coins, traveler’s checks, money orders, checks or other forms of electronic money or stored value cards, including but not limited to gift cards, debit cards, gift cards/certificates or other negotiable financial instruments. b. Conveyance Device: A device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane or vessel and any equipment attached to it. The term “conveyance device” does not include property which is, in fact, itself stolen or taken in violation of the law. c. Firearms/Ammunition/Firearm Accessories: A device that projects either single or multiple projectiles at a high velocity. Ammunition is a term meaning the assembly of a projectile and its propellant. Accessories include but are not limited to holsters, gun cases, fire arm optics, suppression devices, cleaning supplies, etc. d. Forfeiture: The process by which legal ownership of an asset is transferred to a government agency. e. Jewelry/Precious Metals/Precious Stones: The term “precious metals/precious stones” includes items of jewelry, such as rings, necklaces, and watches, that reasonable appear to be made of precious metals or precious stones. Precious metals include but are not limited to gold, silver, platinum, iridium, and palladium. Precious stones, often referred to as gemstones, include but are not limited to diamonds, emeralds, and rubies. f. Property Room Manager: An agency employee responsible for reviewing all forfeiture cases and is the liaison between the agency and prosecutor’s office. g. Seizure: The act of law enforcement officials taking property, including cash, vehicles, etc., that have been used in connection with or acquired by illegal activities.
IV. Property Subject to Administrative Forfeiture The following property is presumed to be subject to administrative forfeiture under Minnesota Law (Minn. Stat. § 609.5314):
369 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. All cash, precious metals and precious stones found in proximity to controlled substances, forfeitable drug manufacturing or distributing equipment or devices, or forfeitable records of manufacture or the distribution of controlled substances. b. All conveyance devices containing controlled substances with a retail value of $100 or more if possession or sale of the controlled substance would be a felony under Minnesota Statutes, Chapter 152. c. All firearms, ammunition and firearm accessories found: i. In a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance. ii. On or in proximity to a person from whom a felony amount of controlled substance is seized. iii. On the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under Minnesota Statutes, Chapter 152. d. Situations in which forfeiture should not be pursued: Seizure of property not listed above must be processed in coordination with and approved by the unit supervisor.
V. Property Subject to Seizure The following property is subject to seizure: a. The following property may be seized upon review and approval of a supervisor and in coordination with the Property Room Manager: i. Controlled substances and associated property as described in Minn. Stat. § 609.5311. ii. Property intended for use to commit or facilitate the commission of a designated offense, as listed in Minn. Stat. § 169A.63, Subd. 6 and limited by Minn. Stat. § 169A.63, Subd. 7, and as listed in Minn. Stat. § 609.531, Subd. 1(f) and limited by Minn. Stat. § 609.5312. b. Property subject to administrative forfeiture may be seized without prior supervisor approval if the item has a retail value of $50,000 or less (Minn. Stat. § 609.5314).
VI. Property Not Subject to Seizure The following property should not be seized for forfeiture: a. Cash and property that does not meet the prosecuting agency's current minimum forfeiture thresholds should not be seized. b. Cash totaling less than $100, unless prerecorded “buy funds” are included in the cash seized.
VII. Seizure of Property to be Forfeited An officer may seize property subject to forfeiture based on a court order. An officer may also seize property without a court order under any of the following conditions (Minn. Stat. § 609.531, Subd. 4; and Minn. Stat. § 169A.63, Subd. 2): a. The seizure is incident to a lawful arrest or a lawful search.
370 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding. c. The officer has probable cause to believe that a delay to obtain a warrant or other process would result in the removal or destruction of the property and that either of the following apply: i. The property was used or is intended to be used in commission of a felony. ii. The property is dangerous to health or safety.
VIII. Processing Seized Property for Forfeiture Proceedings When property or cash subject to this policy is seized, the officer making the seizure should ensure compliance with the following: a. If the retail value of the asset to be seized is $50,000 or less, completely and accurately prepare the Notice of Seizure and Intent to Forfeit Property Form (seizure form) and present it to the person from whom the property is to be seized for that person's signature. If the person refuses to sign, the officer shall indicate on the seizure form that the person refused. The seizure form is not used when the value of the seized property exceeds $50,000. b. Prepare and provide a receipt for the items seized to the person from whom the property is being seized. If cash or property is seized from more than one person, a separate property inventory receipt must be completed for each person specifying the amount of cash seized. The receipt shall include a detailed description of all property, checks, money orders, traveler's checks or other financial instruments. c. Complete and submit a report within 24 hours of the seizure if practicable. The report must include, at minimum, the following: i. A description of the items seized ii. The location where the property was turned in or stored iii. The name of the individual who was served with the seizure form iv. The date that the seizure form was served v. The name of the officer making the seizure vi. Whether the individual signed the seizure form d. If property is seized from multiple individuals, a separate seizure form will be completed for each individual. A copy of the receipt and seizure form must be given to the individual from whom the property was seized. e. When property is seized and no one claims possession of the property, the officer must leave a receipt in the place where the property was found if it is reasonably possible to do so. f. The officer will book seized property into the property room as evidence, with the notation in the comment section of the property record, "Seized Subject to Forfeiture." g. Forward the original and the pink copy of the seizure form, and any seized property processing worksheets, property receipts and reports to the Property Room Manager within 10 days of seizure.
371 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
h. Inform the Property Room Manager of the estimated retail value of drugs found in proximity to the asset seized.
IX. Cash Handling It is the responsibility of the seizing officer to secure and count cash consistent with this policy. All cash shall be counted in the presence of another officer and the envelope initialed by both officers. A supervisor shall be contacted for cash in excess of $1,000. The supervisor shall also witness the count, and will initial and date the property documentation and specify any additional security procedures to be used.
All forfeitable cash seized will be turned over to the property/evidence room as soon as practicable. When applicable, officers shall examine all cash seized to determine whether it contains any prerecorded “buy funds”. Officers shall document the recovery of all “buy funds” and deposit those funds with the Property Room Manager to be returned to the appropriate buy fund account.
X. Jewelry/Precious Metals/Precious Stones Officers seizing jewelry, precious metals and/or precious stones will write a detailed description of each item on the property inventory receipt. A copy of the property inventory receipt and any photographs of the jewelry, precious metals and/or precious stones shall be delivered to the Property Room Manager. Officers seizing jewelry, precious metals and/or precious stones shall book those items according to current property and evidence procedures as soon as practicable.
XI. Vehicles Any conveyance device seized for forfeiture shall be taken to a secure designated area or to a department-approved impound facility as soon as practicable. Officers shall inventory the conveyance device and its contents in accordance with the Vehicle Towing and Inventory Policy. Officers shall also complete applicable report forms and distribute them appropriately. A copy of the vehicle impound form shall be included with the seizure documentation.
XII. Firearms/Ammunition/Firearm Accessories When firearms, ammunition or firearms accessories are seized, they shall be inventoried and delivered to the Evidence Room in accordance with the current booking procedures and the Property and Evidence Policy.
XIII. Maintaining Seized Property The Property Room Manager is responsible for ensuring compliance with the following: a. All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition (Minn. Stat. § 609.531 Subd. 5). b. All property received for forfeiture is checked to determine if the property has been stolen.
372 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or returned to the claimant or person with an ownership interest. d. Property received for forfeiture is not used unless the forfeiture action has been completed.
XIV. Property Room Manager Responsibilities The responsibilities of the Property Room Manager include the following: a. Confer regularly with the prosecuting attorney’s office to remain familiar with forfeiture laws, particularly Minn. Stat. § 609.531 through Minn. Stat. § 609.5318, Minn. Stat. § 169A.63, and the forfeiture policies of the prosecuting agency. b. Make reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures. c. Ensure responsibilities, including designation of a Fiscal Agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. d. Ensure that a seizure form, property inventory receipt and a forfeited property processing worksheet are available and appropriate for department use. The seizure form will minimally include the following (Minn. Stat. § 609.5314): i. Space for an itemized list of items seized. ii. The location and date of the seizure. iii. A place for the name of the individual served with the seizure form. iv. The date and signature of the officer conducting the seizure. v. The agency case number. vi. A space for the signature of the person from whom property is seized or an appropriate space or check box for the officer to indicate that the person refused to sign. vii. At least an original and the pink copy. e. Information in English, Hmong, Somali and Spanish explaining the right to obtain judicial review and the procedure provided by Minn. Stat. § 609.5314. f. Ensure that officers who may be involved in asset forfeiture receive training in the proper use of the seizure form and the forfeiture process. The training should be based on this policy and address any relevant statutory changes and court decisions. g. Review each asset forfeiture case to ensure the following: i. Written documentation of the seizure and items seized is present in the case file. ii. Independent prosecutorial review of the circumstances and propriety of the seizure is made in a timely manner. iii. A timely notice of seizure has been given to interest holders of seized property. iv. Property is promptly released to those entitled to its return. v. Forward all changes to forfeiture status to any supervisor who initiates a forfeiture case. vi. Ensure the current minimum forfeiture thresholds are communicated appropriately to officers.
373 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
vii. Annually review and update this policy and any related policies to reflect current federal and state statutes and case law. viii. Ensure the department disposes of property as provided by law following any forfeiture (Minn. Stat. § 609.5315). ix. Ensure that any forfeited property used in an undercover capacity, or that is sold or added to the department inventory is done so according to Minnesota law. x. Ensure that all forfeited property is used or disposed of in a manner consistent with the use and disposition of similar property by this department. xi. Upon completion of any forfeiture process, ensure that no property is retained by the Roseville Police Department unless the Roseville Police Department authorizes in writing the retention of the property for official use. xii. Ensure that forfeiture proceeds are maintained in a separate fund or account subject to appropriate accounting control with regular reviews or audits of all deposits and expenditures (Minn. Stat. § 609.5315). xiii. Ensure that records of forfeiture are retained for a minimum of six years. xiv. Ensure monthly forfeiture reporting is made to the state auditor in the manner prescribed by the auditor (Minn. Stat. § 609.5315, Subd. 6).
XV. Disposition of Forfeited Property Legal disposition may include (Minn. Stat. § 609.5315 and Minn. Stat. § 169A.63, Subd. 10): a. Retention by the department and/or prosecuting agency. b. Destruction. c. Sale performed in a commercially reasonable manner. d. Other disposition pursuant to applicable provisions of Minnesota Statutes.
No member of this department may use property that has been seized for forfeiture until the forfeiture action has been completed and the Roseville Police Department has given written authorization to retain the property for official use. Members of this department or persons related to members of this department by blood or marriage are prohibited from purchasing forfeited items sold by this department (Minn. Stat. § 609.5315, Subd. 1(c)).
Date: 1/1/2019
Approved by Chief Rick Mathwig
374 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 504 Contractual Agreements for Law Enforcement Services
I. Purpose and Scope This policy establishes contractual standards to be maintained whenever the Roseville Police Department provides law enforcement services on a fee basis.
II. Policy It is the policy of the Roseville Police Department to meet the standards established in this policy any time the department agrees to provide law enforcement services for a fee.
III. Contents of Written Agreements Any agreement between the department and an outside entity to provide law enforcement services for a fee, shall be set forth in writing. Such agreements shall cover the following: a. Specific Services: Any agreement shall clearly define the specific contractual law enforcement services to be provided by the department. b. Financial Implications: Financial agreements and statements of cost should be specific and should clearly indicate which party is responsible for which costs. c. Records Maintenance: Absent controlling legislation (i.e., Minnesota Statutes Chapter 13 “Government Data Practices Act”), any agreement shall define records and documentation involved in the provision of services, and shall specify responsibility for maintenance and control of such records and documentation. d. Duration and Modification of Contract: Any agreement for services shall clearly state the duration of the agreement and a process for modification and termination of the agreement. e. Legal Contingencies: Any agreement shall clearly define any legal contingencies, including a statement assigning liability for damage or injury to equipment, facilities or personnel, as well as claims against personnel. f. Control of Agency Personnel: Any agreement shall contain language to the effect that the Department maintains control of, and supervisory responsibility for, its personnel providing the law enforcement services. g. Use of Facilities and Equipment: Equipment and facilities to be used in the provision of services shall be identified in the agreement. The agreement shall clearly define what agency is to provide, maintain and, if necessary, replace such equipment and facilities. h. Review and Revision of Agreement: Any agreement for contractual law enforcement services provided by the Roseville Police Department shall clearly state the process for review and revision of such agreement.
IV. Employment Rights of Assigned Personnel Employees who participate in the provision of contractual law enforcement services, whether voluntarily or assigned, shall not be penalized for doing so. Such participation shall not infringe upon nor threaten the employee’s employment rights, promotional opportunities, training opportunities, or fringe benefits.
375 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Date: 1/1/2019
Approved by Chief Rick Mathwig
376 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 505 Reports and Records Management
I. Purpose and Scope This policy establishes guidelines for consistency in field reporting and sets forth procedures for maintenance, storage, and protection of records. This policy applies to all police records.
II. Policy The department establishes and maintains procedures for record creation, processing, maintenance, storage, retrieval and destruction.
III. Record Creation All incidents in one or more of the following categories will be assigned a case number if the incident is alleged to have occurred in the Roseville Police Department service area (this does not mean a written report is required): a. Citizen reports of crimes. b. All citizen complaints. c. Incidents resulting in an employee being dispatched or assigned. d. Criminal and noncriminal cases initiated by law enforcement employees. e. Incidents involving arrests, citations or summons. f. Traffic stops. All calls for service will be assigned a separate case number. Numbers will be assigned in sequential order. All calls are coded to indicate if a report has been written.
IV. Report Writing The Roseville Police Department will utilize a Records Management System (RMS) that allows for the accurate entry, compilation and retrieval of criminal activity data as required by the Minnesota Bureau of Criminal Apprehension (BCA). Thoroughness and accuracy of written police reports is critical for accurate data entry, verification, case resolution, and statistical reporting. a. A written report will be completed for any of the following reasons: i. Required by statute. ii. Assist in prosecution, develop evidence. iii. Create a base of information to assist investigations and intelligence gathering. iv. Aid in evaluation and review of operations. v. Help develop and evaluate responses to problems. vi. Direct crime prevention efforts. vii. Public information. b. The basic steps to report writing, include, but are not limited to: i. Gathering facts, investigate, interview, interrogate. ii. Recording facts. iii. Organizing facts chronologically. iv. Writing the report (each officer involved should write a report). v. Evaluating the report (edit, proofread, revise).
377 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Required Reports A report is required in any of the following circumstances: a. All arrests, use or threatened use of force, detentions, and misdemeanor citations. b. Actual or suspected criminal events. c. All medical calls during which the officer performs first aid, CPR or any other first aid- related activity, death investigations, and incidents involving actual or suspected injury occurring on or connected with city property. d. All accidents (state report, IC or both), with the exception of when the supervisor has placed officers on the Morgan Plan (during periods of hazardous weather or unusual conditions when the demand for service exceeds the ability to respond effectively). e. Any time repeated minor calls to the same location or by the same person indicate an ongoing problem. f. In the case of dangerous or suspicious people thought to have been interrupted prior to committing a crime. g. Whenever the supervisor requires a report or good judgment indicates a report. h. Whenever property is recovered or taken from someone and held in the department. i. When in doubt about whether to write or not to write a report. j. Whenever the Chief or Operations Lieutenant direct patrol officers to document calls for service.
VI. Timeliness Officers shall complete reports by shift end, unless otherwise directed or approved by the Duty Sergeant.
VII. Phone Reporting Phone reporting is not encouraged; however, reports may be taken by telephone for the following incidents at the discretion of the Duty Sergeant: a. Vandalism: under $500 loss, no suspect at scene. b. Lost Property: under $500 loss, no suspect at scene. c. Thefts: under $500 loss, no suspect at scene. d. The complainant specifically requests to be contacted by phone. Reports taken by phone should state such in the first line of the narrative. The narrative should reflect the observations and statements made by the complainant, not the observations of the officer/person taking the report.
VIII. On-line Citizen Reporting The Roseville Police Department offers an on-line reporting option. It allows the public to file a report at their convenience, without having to wait for an officer to respond or call them back. The web-based reporting option also results in officers having more time to address community needs while keeping pace with the public expectancy to complete services via the internet. The criteria for the on-line reporting system is
378 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
posted on the department’s website.
IX. Review of all Written Reports All written reports will be reviewed by the Duty Sergeant. The Duty Sergeant will review each report to ensure the report is complete and prepared in accordance with department procedures. The Duty Sergeant will approve or return the report back to the originating officer for corrections.
X. Report Distribution a. The records technicians are the department’s review officers. The review officers verify reports for completeness and accuracy. The review officers may return the reports back to the originating officer or sergeant for correction or to approve the report. b. Reports are electronically routed as required to appropriate staff. c. The Investigative Lieutenant is responsible for case management. The Investigative Lieutenant will assign cases to a detective, who investigates and manages the case as necessary for a satisfactory resolution. d. Any report requiring immediate attention will be placed in a red file folder. The red folders are used only for the following purposes: i. Persons arrested and jailed pending charges (any felony or gross misdemeanor). ii. Loaded guns in the property locker. iii. Items for laboratory analysis in the refrigerator or anything else officers deem a priority.
XI. Report Forms All reports are completed digitally in the records management system and stored on an on- site secured server. All non-digital report forms utilized by the department are available in the patrol room. The department’s community service officers ensure forms are in stock. It is the responsibility of the Police Services Manager to maintain the repository of current forms.
XII. Privacy and Security of Records The department adheres to the regulations set forth by the Minnesota Government Data Practices Act. The Chief of Police is the responsible authority for disseminating department data. No employee of the department shall release information unless they are certain the data is not protected under law. Data which may not be released to the public includes, but is not limited to: a. Juvenile cases or information about a juvenile, or names of juveniles mentioned in adult cases. b. Cases under investigation (check with Investigative Lieutenant, Detective Sergeant or the detective in charge of the case). c. Cases where a victim or witness has requested, and the department has approved, keeping his/her name private (should be noted in the file). d. Accident reports other than the state form.
379 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. Names of victims of criminal sexual conduct. f. Names of vulnerable adult victims. g. Identities of individuals filing complaints concerning violations of state laws or local ordinances regarding the use of real property, such as illegal dumping. h. Domestic violence/assault reports.
XIII. Computer Backup and Storage As of June 2010, all department incident reports are digital and stored on a secured city server supported by the City’s IT department. Prior to June 2010, non-digital data is retained per Minnesota statute.
XIV. Minnesota Bureau of Criminal Apprehension Security Requirements The Terminal Agency Coordinator (TAC) is responsible for verification of all passwords, access codes, or access violations in order to maintain the integrity and security of the system as set forth by the Minnesota Bureau of Criminal Apprehension (BCA). Refer to policy 507 for guidelines outlining Criminal Justice Data Communications Network (CJDN) Security.
XV. Records Retention Schedule The department's record retention schedule follows the General Records Retention Schedule for Cities.
XVI. State and National Crime Reporting All entries as relate to crime reporting are available through the Minnesota Bureau of Criminal Apprehension (BCA’s) CDJN system to NLETS (an interstate crime information repository), NCIC (the federal criminal information repository), CJIS (Minnesota’s “hot file” criminal information repository), CCH (Minnesota’s intrastate crime history repository), Minnesota’s Department of Public Safety and Minnesota’s Department of Natural Resources. The Department’s record technicians code records or code crimes with the appropriate MOC (Minnesota Offense Code). The BCA, through CJRS, utilizes these codes to compile criminal information statistics on a state level. The BCA transcribes the MOC codes to UOC (Uniform Offense Codes) for national crime statistical reporting through the Federal Bureau of Investigation (FBI).
XVII. Master Name Index The department maintains the master name index (search by name). The index includes the full name and date of birth (if known) of: a. Complainants and victims. b. Persons arrested or issued citations. c. Suspects. d. Witnesses. e. Principals in traffic accidents.
380 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
The index is cross-referenced to all calls and reports in which the person was named.
XVIII. Index of Incident by Location, Incident Type, Case Number and Date The department's records system allows a number of different search triggers, the most common being: case number, suspect/victim name, incident type, date, or location.
XIX. Index of Stolen, Found, Recovered and Evidentiary Property The Property Room Manager is responsible to track and identify all property entered into the property room. All stolen, found, recovered and evidentiary property is entered into the department’s records management system by case number within the appropriate report.
XX. Computerized Criminal Histories The Bureau of Criminal Apprehension maintains a central Computerized Criminal History (CCH) file. Queries into the Criminal History File (CCH) are automatically logged showing what agency requested the criminal history information. Only persons with authorized Criminal Justice Information System (CJIS) passwords can access the Criminal History File (CCH). CCH information may be used for criminal justice purposes only.
The Roseville Police Department’s Terminal Agency Coordinator (TAC) is responsible for assigning passwords to department personnel who have authorization to generate a criminal history report. The TAC is also responsible for deleting passwords as necessary.
The BCA does not maintain criminal histories on juvenile offenders unless the juvenile has been certified to stand trial as an adult.
Date: 1/1/2019
Approved by Chief Rick Mathwig
381 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 506 Release of Department Records
I. Purpose and Scope This policy provides guidance on the release of department records.
II. Policy The Roseville Police Department is committed to providing public access to records and data in a manner consistent with the Minnesota Government Data Practices Act (MGDPA) and Official Records Act (Minn. Stat. § 13.03; Minn. Stat. § 15.17).
III. Custodian of Record Responsibilities The Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian of Records include: a. Managing the records management system for the department, including the retention, archiving, release and destruction of department data (Minn. Stat. § 15.17; Minn. Stat. § 138.17, Subd. 7). b. Maintaining and updating the department records retention schedule. c. Establishing rules regarding the inspection and copying of department data as reasonably necessary for the protection of such data. d. Identifying data or portions of data that are confidential under state or federal law and not open for inspection or copying. e. Establishing rules regarding the processing of subpoenas for the production of data. f. Ensuring a current schedule of fees for public data as allowed by law is available. g. Ensuring the posting or availability to the public a document that contains the basic rights of a person who requests government data or the responsibilities of the department and any associated fees (Minn. Stat. § 13.025). h. Ensuring data created by the department is inventoried and subject to inspection and release pursuant to lawful requests consistent with the MGDPA requirements (Minn. Stat. § 13.03, Subd. 1).
IV. Requests for Public Records Any department member who receives a request for data shall route the request to the Custodian of Records or the authorized designee.
V. Requests for Records Requests for data should be handled as follows: a. A person shall be permitted to inspect and copy public government data upon request at reasonable times and places and shall be informed of the data's meaning if requested (Minn. Stat. § 13.03, Subd. 3). i. The department may not charge or require the requesting person to pay a fee to inspect data. Inspection includes, but is not limited to, the visual inspection of paper documents and similar types of government data. Inspection does not
382 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
include printing copies, unless printing a copy is the only method to provide for inspection of the data (Minn. Stat. § 13.03, Subd. 3(b)). ii. For data stored and made available in electronic form via remote access, public inspection includes allowing remote access by the public to the data and the ability to print copies or download the data. A fee may be charged for remote access to data where either the data or the access is enhanced at the request of the person seeking access (Minn. Stat. § 13.03, Subd. 3(b)). b. Government data maintained by this department using a computer storage medium shall be provided in that medium in electronic form, if a copy can be reasonably made. The Department is not required to provide the data in an electronic format or program that is different from the format or program in which the data is maintained (Minn. Stat. § 13.03, Subd. 3 (e)). c. The department is not required to create records that do not exist. d. The Custodian of Records or designee processing the request shall determine if the requested data is available and, if so, whether the data is restricted from release or denied. The Custodian of Records or designee shall inform the requesting person of the determination either orally at the time of the request or in writing as soon after that time as reasonably possible. The Custodian of Records or designee shall cite the specific statutory section, temporary classification or specific provision of state or federal law on which the determination is based. Upon the request of any person denied access to data, the denial shall be certified in writing (Minn. Stat. § 13.03, Subd. 3 (f)). e. When a record contains data with release restrictions and data that is not subject to release restrictions, the restricted data shall be redacted and the unrestricted data released. A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio or video, a copy of the redacted audio/video release should be maintained in the department-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions.
VI. Release Restrictions The department adheres to the regulations set forth by the Minnesota Government Data Practices Act. Examples of release restrictions include: a. Personal identifying information, including an individual’s photograph; Social Security and driver identification numbers; name, address and telephone number; and medical or disability information that is contained in any driver’s license record, motor vehicle record or any department record, including traffic collision reports, is restricted 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; 18 USC § 2722). b. Private data on the following individuals (Minn. Stat. § 13.82, Subd. 17) i. An undercover law enforcement officer.
383 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. A victim or alleged victim of criminal sexual conduct, or sex trafficking, or of a violation of Minn. Stat. § 617.246, Subd. 2. iii. A paid or unpaid informant if the Department reasonably believes revealing the identity would threaten the personal safety of the informant. iv. A victim of or witness to a crime if the victim or witness specifically requests not to be identified publicly, unless the department reasonably determines that revealing the identity of the victim or witness would not threaten the personal safety or property of the individual. v. A person who placed a call to a 9-1-1 system or the identity of the person whose phone was used to place a call to the 9-1-1 system when revealing the identity may threaten the personal safety or property of any person or the purpose of the call was to receive help in a mental health emergency. A voice recording of a call placed to the 9-1-1 system is deemed to reveal the identity of the caller. vi. A juvenile witness when the subject matter of the investigation justifies protecting the identity of the witness. vii. A mandated reporter. c. Audio recordings of calls placed to the 9-1-1 system requesting law enforcement, fire or medical agency response, except that a written transcript of the call is public unless it reveals the identity of protected individuals. (Minn. Stat. § 13.82, Subd. 4). d. Criminal investigative data involving active cases and inactive investigative data (Minn. Stat. § 13.82, Subd. 7): i. If the release of the data would jeopardize another ongoing investigation or would reveal the identity of protected individuals or is otherwise restricted. ii. Images and recordings, including photographs, video and audio records that are clearly offensive to common sensibilities. However, the existence of any such image or recording shall be disclosed. iii. As otherwise restricted by law. All incidents in one or more of the following categories will be assigned a case number if the incident is alleged to have occurred in the Roseville Police Department service area (this does not mean a written report is required): e. Juvenile records and data (Minn. Stat. § 260B.171). f. State criminal history data held in the Bureau of Criminal Apprehension (BCA) database including, but not limited to, fingerprints, photographs, identification data, arrest data, prosecution data, criminal court data, custody and supervision data (Minn. Stat. § 13.87). g. Traffic collision reports and related supplemental information (Minn. Stat. § 169.09, Subd. 13). h. Personnel data except, unless otherwise restricted, (Minn. Stat. § 13.43, Subd. 2): i. Name, employee identification number and some aspects of compensation. ii. Job title, bargaining unit, job description, education and training background and previous work experience. iii. Date of first and last employment.
384 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
iv. Existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action. v. Final disposition of any disciplinary action together with the specific reasons for the action, and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of this department. vi. Terms of any agreement settling any dispute arising out of an employment relationship. vii. Work location, work telephone number, badge number and honors and awards received. viii. Time sheets or other comparable data only used to account for an employee's work time for payroll purposes, excluding the use of sick or other medical leave or other nonpublic data. ix. All other personnel data regarding employees of this department are private data and may only be released as authorized by that classification. i. Any data that was created under the direction or authority of the City Attorney exclusively in anticipation of potential litigation involving this department shall be classified as protected nonpublic or confidential data while such action is pending (Minn. Stat. § 13.39). j. Response or incident data, so long as the Custodian of Records determines that public access would likely endanger the physical safety of an individual or cause a perpetrator to flee, evade detection or destroy evidence (Minn. Stat. § 13.82, Subd. 14). k. Any other record not addressed in this policy shall not be subject to release where such record is classified as other than public data. All public data shall be released as required by the MGDPA (Minn. Stat. § 13.03, Subd. 1).
VII. Petition for Expungement When responding to a petition for expungement, the Custodian of Records shall inform the court and the individual seeking expungement that the response contains private or confidential data (Minn. Stat. § 609A.03, Subd. 3).
VIII. Orders of Expungement The Custodian of Records shall expunge such records as ordered by the court. Records may include, but are not limited to, a record of arrest, investigation, detention or conviction. Once a record is expunged, members shall respond to any inquiry as though the record did not exist.
Upon request by the individual whose records are to be expunged, the Custodian of Records must send a letter at an address provided by the individual confirming the receipt of the expungement order and that the record has been expunged (Minn. Stat. § 609A.03, Subd. 8). Expunged records may be opened only by court order (Minn. Stat. § 609A.03, Subd. 7). Expunged records of conviction may be opened for purposes of evaluating a prospective employee of the department without a court order.
385 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
The Custodian of Records shall inform any law enforcement, prosecution or corrections authority, upon request, of the existence of a sealed record and of the right to obtain access to it.
Date: 1/1/2019
Approved by Chief Rick Mathwig
386 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 507 CJDN Use and Misuse
I. Purpose and Scope This policy establishes security guidelines for the proper use of the Criminal Justice Data Communications Network (CJDN).
II. Policy The Roseville Police Department follows Bureau of Criminal Apprehension’s (BCA) recommended policies for the use and misuse of the CJDN. The CJDN is the overall system used to send and receive data accessed through the BCA. The CJDN connects authorized users to data stored on state and national systems. User and BCA compliance with technical requirements makes the CJDN secure.
The TAC manages the operation of the CJDN terminal on a local agency level and is responsible for ensuring that all state and local policies are enforced regarding the use of the CJDN terminal.
III. Access a. Access to the CJDN shall be limited to employees who have been certified by the BCA to operate the terminal. All other personnel must make their Criminal Justice inquiries through their CJDN operators. Staff having access to the CJDN system must meet the follow requirements: i. Be an employee of the Roseville Police Department. ii. Successfully pass a State and National fingerprint background check. iii. Be trained and certified within six months of hire and biennially thereafter. iv. Complete Basic Security Awareness Training within six months of hire or assignment and biennially thereafter. b. New employees shall be fingerprinted prior to employment or assignment and the fingerprint cards shall be sent to the BCA for a background check. c. A potential new employee shall have a background check completed before they are hired. When running the criminal history on that person, the Purpose Code of “J” shall be used. d. Fingerprint cards on CJDN operators are to be kept in a locked drawer by the Terminal Agency Coordinator. Fingerprint cards of the IT personnel will be kept in their personnel files at the Roseville Police Department. e. The TAC will issue a unique username and password to authorized users with access to the CJDN and Portal 100. Authorized users will be given a unique password to have access to criminal histories. That Criminal History Password will be changed by the TAC at least every 2 years. A list of these assigned passwords shall be kept by the TAC in a locked cabinet.
IV. Training NCIC requires that all sworn personnel must receive basic, formal MNJIS/NCIC training
387 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
within the first 12 months of hire, and annual refreshers thereafter. All training of sworn officers must be documented. A sworn officer includes any licensed peace officer, whether employed at the city, county, state or federal level.
V. Security of Terminal The CJDN terminal(s) and Criminal Justice Information for the Roseville Police Department are maintained in a secure area. a. Only authorized personnel who have passed a State and National fingerprint background check are allowed unescorted access to the secure area(s). b. All personnel who have direct responsibility to configure and maintain computer systems and networks with direct access to FBI CJIS systems must successfully pass a fingerprint based background check. c. Criminal History responses, as well as all other CJDN printouts will be destroyed when no longer needed. These documents will be shredded at the Roseville Police Department.
VI. Discipline for Misuse of CJDN Inquiries into the motor vehicle registration, driver license, criminal history or any other file in the MNJIS/NCIC systems will be performed for criminal justice purposes only. Any employee misusing information or obtaining information for other than official criminal justice purposes from the Criminal Justice Data Network will be subject to disciplinary action. a. When performing any file inquiries or making any entries into NCIC or MNJIS, it is important to remember that the data stored in MNJIS/NCIC is documented criminal justice information and this information must be protected to ensure correct, legal and efficient dissemination and use. The individual receiving a request for criminal justice information must ensure that the person requesting the information is authorized to receive the data. The stored data in NCIC and MNJIS is sensitive and should be treated accordingly, and unauthorized request or receipt of NCIC or MNJIS material could result in criminal proceedings. b. When the Chief or the TAC becomes aware that an employee is using a CJDN terminal, CJDN terminal generated information, CJDN equipment, or CJDN access not in accordance with agency policies, state policies, or NCIC policies and said problem is not deemed merely operator error, the Sheriff or his designee, or the TAC shall promptly address the violation. c. The Chief or his designee shall meet with the person who is alleged to have violated the policy and determine appropriate sanctions, which may include any or all of the standard discipline policies currently in place at the Roseville Police Department. d. Intentional misuse of the CJDN system is a serious violation and the BCA will be informed of such violations. If criminal behavior is believed to have occurred, appropriate agencies will be notified for further investigation. e. The specific situation in each case of misuse of the CJIS system will be looked at, with all circumstances considered when determining disciplinary actions. Consideration will be
388 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
given to the extent of loss or injury to the system, agency, or other person upon release or disclosure of sensitive or classified information to an unauthorized individual. This also includes activities which result in unauthorized modification or destruction of system data, loss of computer system processing capability, or loss by theft of any computer system media including: chip ROM memory, optical or magnetic storage medium, hardcopy printout, etc. f. The TAC, with the Chief’s approval may at any time terminate a staff person’s access to the CJDN system for any rule violation.
Date: 1/1/2019
Approved by Chief Rick Mathwig
389 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 508 Records Management of Hot Files
I. Purpose and Scope This policy establishes guidelines for the management of “Hot File” records maintained by the Roseville Police Department, the Minnesota Bureau of Criminal Apprehension (BCA) and the FBI’s National Crime Information Center (NCIC).
II. Policy The Roseville Police Department follows BCA recommended policies for the management of “Hot File” records. “Hot Files” are criminal justice records involving information compiled and utilized to identify and locate wanted and missing persons and stolen property including vehicles, guns, and articles of personal property.
III. Missing Person Records Endangered missing persons, regardless of age, are to be entered into the system immediately not to exceed two hours, upon receiving the minimum data required for entry into NCIC. The two- hour clock shall begin at the time the minimum data required is received. The agency must be able to document the time. a. Juveniles- Up to 17 years of age: Juveniles are to be entered into the system immediately, not to exceed two hours, upon receiving the minimum data required for entry into NCIC. The two-hour clock shall begin at the time the minimum data required is received. The agency must be able to document the time. b. Adults 18 – 20 years of age: Any adults under 21 years of age are to be entered into the system immediately, not to exceed two hours, upon receiving the minimum data required for entry into NCIC. The two-hour clock shall begin when the minimum data required for entry is received from the complainant. The agency must be able to document the time. A signed report is not required. c. Adults 21 years and older: To ensure maximum system effectiveness, missing person records must be entered immediately when the conditions for entry are met, not to exceed 3 days, upon receipt by the entering agency. Adults age 21 and older are required to have signed documentation supporting the stated conditions under which they are being declared missing before entry into the system, unless they are victims of a catastrophe. The documentation should be from a source such as a parent, legal guardian, next of kin, physician, or other authority source including a neighbor or a friend. However, when such documentation is not reasonably attainable, a signed report by the investigating officer will suffice. For agencies using Electronic Records Management Systems (ERMS), some forms of signatures that are acceptable are: 1) Digitized signatures 2) Manual signatures scanned into the ERMS 3) The case officer’s typed name into the report in the ERMS.
IV. Entering Records Into the NCIC Missing Person File When entering records into the NCIC missing person file, the entry person will:
390 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Run a current DVS and CCH/III inquiry to obtain as many descriptors as possible regarding the subject. This check should include a check of whether medical/dental information is available regarding the subject. Any descriptors used must be documented in the officer’s report or saved within the case file. Attempts to obtain medical/dental information must also be documented in the case file. b. Enter a record into NCIC on the subject. This record should include all descriptors. Additional identifiers such as scars, marks and tattoos, aliases, additional dates of birth, etc., should be added to the record. c. After the record is entered, query the NCIC entry to obtain a hard copy for second party verification purposes. d. Agencies are required to verify and update NCIC 2000 missing person record entries with any additional information, including: Blood Type (BLT); Dental Characteristics (DCH); Fingerprint Classification (FPC); Jewelry Type (JWT); and Scars, Marks, Tattoos, and Other Characteristics (SMT) within 60 days of entry. If a record has a date of entry older than 30 days and any of the above fields are blank a “$.K. Missing Information Notification” identifying the blank fields will be transmitted. The “$.K. Missing Information Notification” will also include the record.
A notation shall be made in the case file indicating when this attempt was made and what the outcome was, i.e.: child has returned, dental records obtained, etc. This sixty (60) day update is mandatory FBI requirement on all missing persons records under the age of 21 and Roseville Police Department personnel shall document this attempt in the case file to show that this requirement has been met.
V. Identity Theft Records Before an entry can be made in the Identity Theft File, an official complaint (electronic or hard copy) must be recorded and on file at the Roseville Police Department. The department may make an NCIC Identity Theft entry only if we are the agency that takes the identity theft complaint and the following criteria are met: a. Someone is using a means of identification of the victim. b. The identity of the victim is being used without permission of the victim. c. The victim’s identity is being used or intended to be used to commit an unlawful activity. d. The victim must sign a consent waiver, which can be found on the CJDN Secure site, prior to the information being entered into the Identity Theft file. e. Information on deceased persons may be entered into the file if it is deemed by the police officer that the victim’s information has been stolen. No consent form is required with the entry of deceased person information. f. If the Identity Theft file is going to contain the Social Security Number of the victim, our agency is required to inform the individual of this fact and they must sign the “Notice about Providing Your Social Security Number” form, which can be found on the CJDN Secure site.
391 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VI. Second Party Check Procedures Second party checking means that someone, other than the person making the record entry, checks the record for accuracy and completeness. This procedure is required for all “Hot File” entries and modifications to record entries. The person conducting a second party check on a hot file should first query the record and print the “HIT” and proceed with the following steps: a. Ensure that all appropriate sources are checked and queried for complete information. This may include Criminal History records, motor vehicle registration, driver’s license information and any other available sources. Make sure that this source material is kept with the case file or warrant. i.e.; D/L printouts, Registration printouts, CCH/IU identification information. b. Compare the information from the sources listed above against the record entered into MNJIS/NCIC to verify the accuracy of information in all fields of the hot file record. c. Verify that all information was coded correctly with appropriate up-to-date NCIC codes. d. Correct any records that are inaccurate or coded incorrectly. e. Verify that the record was “packed” with all available information. f. Initial the hard copy of the entry and place the hard copy in the case file.
VII. Supporting Documentation for Property Hot Files Records a. Vehicle Files: Before entering a stolen or felony vehicle record into MNJIS/NCIC you should: i. Obtain a theft report describing the stolen item including the vehicle identification number (VIN) or owner applied number (OAN) and/or license plate. ii. Do a registration check with the state that the vehicle is registered with and print out a hard copy of the registration to attach to the record. iii. Enter the record into MNJIS/NCIC using the pre-formatted screen. Make sure to pack the record with as much information about the vehicle as available. Also verify the NCIC codes as they are not always the same as what you see on the copy of the registration. iv. Query MNJIS/NCIC to verify entry and to obtain a copy of the record to be attached to the record. v. Follow procedures for the second party check. b. Stolen Guns, Articles, Boats and Securities: Before entering a stolen record into MNJIS/NCIC you should: i. Obtain a theft report describing the stolen item including the serial number (SER) or owner applied number (OAN). ii. If entering a boat, do a registration check with the state that the boat is registered with and print out a hard copy of the registration to attach to the record. iii. Enter the record in MNJIS/NCIC using the pre-formatted screen. (Boats and securities will only be entered into NCIC.) Make sure to pack the record with as much information about the item as is available.
392 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
iv. Query MNJIS/NCIC to verify entry and to obtain a copy of the record to be attached to the record. v. Follow procedures for the second party check
VIII. Validation Policy Validation obliges the ORI to confirm that the record is complete, accurate, and currently outstanding or active. The entering agency ORI must validate all hot file records, except for Article File records. Validation takes place at 60-90 days from the date of entry and yearly thereafter. Validation requires the entering agency to: a. Remove all records that are no longer active from the MNJIS/NCIC Hot Files. b. Compare all records against the current supporting documentation to ensure: i. That the information in each field is accurate. ii. That the records contain all available information found in the case files. c. Remove all records for which corresponding case file documentation cannot be located or recreate the case file so our agency meets NCIC requirements. d. Update records as needed when: i. NCIC Code changes occur. ii. Agency related information, such as extradition limits or “hit” confirmation, and/or contact information changes. iii. New or additional information becomes available. e. Contacts: i. Missing Person – Consult the complainant to verify that the person is still missing. ii. Stolen Property – Contact the owner or insurance company for stolen property validations to verify that the property is still missing. On stolen vehicles, run a new registration to see if the vehicle has been re-registered to an insurance company or possibly in another person’s name.
Date: 1/1/2019
Approved by Chief Rick Mathwig
393 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 509 Public Information and Media Relations
I. Purpose and Scope This policy establishes policies and procedures directed toward developing and maintaining a relationship of mutual trust, cooperation, and respect with the community. This is most effectively accomplished by providing the news media and the general public with accurate information on incidents of community interest, agency administration, and agency operations, while maintaining both the privacy rights of individuals and the integrity of criminal investigations.
II. Policy The Roseville Police Department is committed to informing the community of events within the public domain that are handled by or involve the Roseville Police Department. Authorized personnel are expected to release public information with openness and candor.
III. Authority and Responsibility The Deputy Chief serves as the public information officer for the police department and is responsible for coordinating the release of information to the media and the public. The Chief of Police serves this function when the Deputy Chief is not available. Inquiries from news media representatives are to be directed first to the Deputy Chief, and second to the Chief. All information shall be released in accordance with the Government Data Practices Act.
The public information function includes responding to inquiries as well as generating community interest in certain issues or incidents via the media or the internet. The following tasks are considered part of the public information function of this department: a. Assisting news personnel in covering routine news stories and stories at the scene of an incident. b. Being available for on-call media responses. c. Preparing and distributing news releases on a timely basis. d. Arranging for and assisting with news conferences, as appropriate. e. Coordinating and authorizing release of information about victims, witnesses, and suspects. f. Assisting the news media during crisis situations within the community. g. Coordinating and authorizing the release of information concerning confidential agency investigations and operations.
IV. Press Releases Special press releases regarding issues of community concern, special occurrences, or requesting public assistance, will be prepared by the Deputy Chief, Investigative Lieutenant, Operations Lieutenant or Duty Sergeant, with copies forwarded to the Chief of Police. The content and extent of coverage of department activities in such press releases will be governed by the privacy rights of the parties involved and the need to maintain the integrity
394 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
of the investigation, both in accordance with the Government Data Practices Act. Every press release will contain the contact information of the designated department contact person.
All press releases will be reviewed prior to release by someone other than the author, from among the following individuals: Chief of Police, Investigative or Operations Lieutenant, Police Services Manager, Deputy Chief, Community Relations Coordinator, or a City Communication Specialist.
All press releases will be promptly distributed to all department staff and the Ramsey County Emergency Communications supervisor. Copies shall also be distributed to the City Manager and the City Communication specialist. The named contact person shall be available for calls from the public, and will let the front office know who, if anyone, can handle calls in their absence. Distribution to the public and the media shall be by fax, email, social media, or other reasonable method, and shall be fairly distributed among all local media.
V. Press Conferences The Deputy Chief will be responsible for arranging and assisting with press conferences for major case investigations, special community interest issues, and emergencies. The Chief of Police, Deputy Chief, Operations or Investigative Lieutenant, or a command level officer designated by the Chief, will conduct the press conference. The press conference will be conducted so as to provide the media and community with timely and accurate information while maintaining the integrity of the investigation or the response to the emergency.
VI. Requests for Information Information concerning ongoing criminal investigations may be released to the public or the media only with the approval of the Investigative Lieutenant, Detective Sergeant, Deputy Chief, Chief of Police, or someone specifically designated by one of those four positions to handle such requests.
Information regarding any incident involving a Roseville police officer will be released only by the Chief of Police or designee, except for written reports or traffic accident reports, which must be released pursuant to the Government Data Practices Act.
VII. Media Requests Information concerning on-going criminal investigations may be released to the public or media only with the approval of the Investigate Lieutenant, Detective Sergeant, Deputy Chief, Chief of Police, or someone specifically designated to handle such requests. Any media request for information or access to a law enforcement situation shall be referred to the designated department media representative, or if unavailable, to the first available supervisor. Prior to releasing any information to the media, employees shall consider the following:
395 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. At no time shall any employee make any comment or release any information without prior approval from a supervisor or the designated department media representative. b. 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. c. Under no circumstances 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.
VIII. Scope of Information Subject to Release Upon request, the following information will be made available to media representatives through the shift supervisor. The information will consist of data classified as public under Minn. Stat. 13.82: a. The date, time location, case number, type of crime, and extent of injury or loss, unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. b. The date, time, location, case number, name, date of birth, and charges for each person arrested by this department, unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. c. The time and location of other significant law enforcement activities or requests for service with a brief summary of the incident, subject to restrictions of this policy and applicable laws.
IX. Restricted Information The following information shall not be released to the media or public: a. Identifying information pertaining to a juvenile arrested, unless permitted by state law (Minn. Stat 260B.171, Sub. 5) b. Identifying information that would reveal the identity of a victim or alleged victim of criminal sexual conduct or violations of Minn. Stat 617.246, Subd. 2 (Minn. Stat 13.82, Subd. 17 (b)). c. Identifying information pertaining to a juvenile witness until the department has determined if the identity of the juvenile witness reasonably requires protection (Minn. Stat. 13,82, Subd. 17 (g)). d. Information concerning incidents involving persons whose identities are classified as private data under Minn. Stat. 13.82, Subd. 17. e. Identifying information concerning deceased individuals should only be released to the media when the descendant’s identity has been verified and a supervisor approves the release.
X. Media Access Authorized members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies, and other activities subject to the following conditions:
396 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
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. Media representatives may be prevented from interfering with emergency or investigation operations. c. No member of the Roseville Police Department shall be required to submit to media visits or interviews without the officer’s consent. d. Media interviews with in-custody individuals shall not be permitted. Exceptions are only permitted with the approval of the Chief of Police and express written consent from the person in custody.
XI. Tactical Restrictions To protect the safety and rights of officers and other persons, advance information about planned actions by law enforcement personnel, such as movement or persons in custody or the execution of a search or arrest warrant, should not be disclosed to the news media nor should media representatives be invited to be present without the prior approval of the Chief of Police.
Tactical operations should be handled in the same manner as a crime scene, except the news media shall be permitted within the outer perimeter of the scene, subject to restrictions as determined by the supervisor. Department members shall not jeopardize a tactical operation in order to accommodate the media.
XII. Temporary Flight Restrictions Whenever the presence of media or other aircraft poses a threat to public or officer safety or significantly hampers operations, the field supervisor should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be first routed through a supervisor and formally requested through dispatch.
Date: 1/1/2019
Approved by Chief Rick Mathwig
397 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 510 Recruitment and Equal Opportunity
I. Purpose and Scope This policy establishes consistent and effective recruitment practices for the Roseville Police Department.
II. Policy In accordance with applicable federal, state and local law, the Roseville Police Department provides equal opportunities for applicants and employees, regardless of race, gender expression, age, pregnancy, religion, creed, color, national origin, ancestry, physical or mental handicap, genetic information, veteran status, marital status, sex or any other protected class or status. The Department does not show partiality or grant any special status to any applicant, employee or group of employees unless otherwise required by law.
The department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards
III. Veteran’s Preference Veterans who are candidates for job openings shall receive preference recognizing the training and experience, loyalty, and sacrifice not otherwise readily assessed by examination pursuant to Minn. Stat. § 197.455 Subd. 2.
IV. Recruitment All members of the department are encouraged to identify and recruit potential candidates. employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates, including: a. Identification of racially and culturally diverse target markets. b. Use of marketing strategies to target diverse applicant pools. c. Expanded use of technology and maintenance of a strong Internet presence. This may include an interactive department website and the use of department-managed social networking sites, if resources permit. d. Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities and the military. e. Employee referral and recruitment programs.
V. Exceptional Recruiting The Police Civil Service Commission may, in exceptional cases, recruit and hire directly from the ranks of the department’s community service officers, cadets, explorers, reserves, interns, park patrol, or individuals who have been employed or volunteered in the department. In each instance, the candidate must meet minimum requirements of the position.
398 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Date: 1/1/2019
Approved by Chief Rick Mathwig
399 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 511 Selection
I. Purpose and Scope This policy outlines the department’s approach to the selection process.
II. Policy The Roseville Police Department believes that the true measure and worth of any law enforcement agency is directly proportional to the aggregate abilities and talents of the employees in the organization. In furtherance of this precept, the department recognizes the importance of the selection process for sworn members. The department will employ selection methods and procedures that will produce the most highly qualified individuals, while at the same time remaining nondiscriminatory and fair.
III. Authority and Responsibility for Selection Process The Chief of Police or designee is responsible for administration of the selection process, including but not limited to: a. Recruitment. b. Testing. c. Standings and eligibility list. d. Background investigations. e. Offers of employment. f. Maintaining contact with the City’s Human Resource Coordinator before, during, and after the process. g. Coordinating participation of department members involved in the selection process. h. Ensuring the completion of key activities necessary for the timely selection of new employees. i. Ensuring the agency's selection process is administered, scored, evaluated and interpreted in a uniform manner, making revisions if necessary.
IV. Minimum Requirements The minimum qualification for selection is that the applicant be licensed or eligible to be licensed by the State Board of Peace Officer Standards and Training Board by the date stated in the job posting.
V. Selection Process The department shall actively strive to identify a diverse group of candidates that have in some manner distinguished themselves as being outstanding prospects. Minimally, the department should employ a comprehensive screening, background investigation and selection process that assesses cognitive and physical abilities and includes review and verification of the following: a. A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record).
400 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Driving record. c. Reference checks. d. Citizenship eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents (Minn. R. 6700.0700, Subd. 1). This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes. e. Information obtained from public internet sites f. Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.) g. Local, state and federal criminal history record checks. h. Medical and psychological examination (may only be given after a conditional offer of employment).
VI. Entrance Exam a. The entrance exam may consist of multiple components to include, but not limited to, a writing component, video-based component and/ or reading comprehension component. b. Candidates will be invited to initial oral interviews based on entrance exam scores. c. Veteran’s preference points will be added to final entrance exam scores. d. At the Chief’s discretion, internal candidates may be exempt from taking the entrance exam and may automatically move to the initial interview portion of the selection process.
VII. Initial Oral Interview Process a. Selection of Candidates: The number of applicants continuing to the interview portion of the selection process will depend on their score from the entrance exam screening process. b. Oral Interview Boards: The Oral Interview Board will consist of department staff, include supervisors, civilian and officers. c. Interview Questions: Questions to be asked of each candidate are determined by the Chief of Police or a designee; input will be sought and considered from other members of the department. The questions will be designed to elicit information about the candidate’s knowledge of law enforcement issues and procedures, problem-solving ability, attitude about the job and the agency, and ability to communicate. Candidates are asked the same questions in the same order. d. Scoring Oral Interviews: Each member of the Oral Interview Board will grade each applicant on a predetermined rating scale and a composite score will be determined for each candidate.
VIII. Writing Samples The candidate may be asked to respond in writing to a question or situation in order to
401 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
assess the candidate’s ability to communicate effectively and accurately in writing.
IX. Final Panel Interviews and Hiring Eligibility List After completion of the Initial Interviews, scores will be calculated for each candidate interviewed. The Chief of Police, Deputy Chief, Lieutenants and Police Services Manager will conduct interviews with the top scoring candidates based on the final scores. A hiring eligibility list to include up to five candidates will be determined based on final panel interview scores. The list will be certified by the Roseville Police Civil Service Commission.
The Chief of Police may conduct a final interview with top scoring selected candidates from the final certified hiring eligibility list. The Chief will determine which candidate(s) will begin the department’s comprehensive background investigation process.
X. Background Investigation Every candidate shall undergo a thorough background investigation to verify his/her personal integrity and high ethical standards, and to identify any past behavior that may be indicative of the candidate’s unsuitability to perform duties relevant to the operation of the Roseville Police Department.
The background investigation must determine whether the candidate meets the standards established by the Minnesota Board of Peace Officer Standards and Training Board (POST) as well as the security standards established to access state and national computerized record and communication systems (Minn. Stat. § 626.87; Minn. R. 6700.0700). The background report and all supporting documentation shall be maintained in accordance with the established records retention schedule (Minn. R. 6700.0700 Subd. 2).
Upon initiation of a candidate’s background investigation, the department shall provide written notice to the POST Board that includes the candidate’s full name and date of birth and the candidate’s peace officer license number, if applicable (Minn. Stat. § 626.87).
XI. Standards for Officers Candidates shall meet the minimum standards established by Minnesota POST Board (Minn. R. 6700.0700): a. Citizen of the United States (Minn. R. 6700.0700, Subd. 1). b. Possess a valid driver’s license. c. Free of any felony conviction. d. Not be required to register as a predatory offender under state law. e. Free of conviction of any controlled substance law or of any misdemeanor conviction listed in Minn. R. 6700.0700. f. Fingerprinted for purposes of disclosure of any felony convictions.
402 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
g. Submit to a medical examination and psychological evaluation to ensure that the candidate is free from any physical, emotional or mental condition which might adversely affect their performance of peace officer duties. h. Successfully complete a physical strength and agility examination. i. Successfully complete an oral examination.
XII. Veteran’s Preference Veterans who are candidates for job openings shall receive preference recognizing the training and experience, loyalty, and sacrifice not otherwise readily assessed by examination pursuant to Minn. Stat. § 197.455 Subd. 2.
XIII. City Manager In accordance with Civil Service Rules and Regulations, the names of the top three candidates, based on the results of the third interview, are submitted to the City Manager. The City Manager may choose any of the three candidates or reject all three and request another list. (Note: The list submitted to the City Manager shall include one additional name for each additional job opening; for example, four names will be on the list for two openings, five names for three openings, and so on.)
XIV. Medical and Psychological Examinations Offers of employment by the City Manager are made conditional upon the results of a psychological examination and a medical examination. Each examination is done by health professionals selected and paid for by the city. The results of both or either examination may be reviewed by the candidate in the presence of the human resource coordinator or the Chief of Police.
XV. Physical Qualification Test The Chief of Police will designate representatives of the department to conduct a physical qualification test (pass/fail basis) of all applicants who pass the medical and psychological examinations. Applicants must pass the physical qualification test, a 2000 meter row, in order to continue in the selection process.
XVI. Mandatory Probation Period In accordance with Police Civil Service Rules and Regulations, all newly hired employees serve a probationary period of one year from date of hire.
Date: 1/1/2019
Approved by Chief Rick Mathwig
403 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 512 Training
I. Purpose and Scope This policy establishes training goals for the professional growth and continued development of its personnel. The department seeks to ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the public.
II. Policy The Roseville Police Department provides 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 reasonably possible, the department will use courses certified by the Minnesota Board of Peace Officer Standards and Training Board or other regulatory or nationally recognized entities.
III. Training Objectives The proper training of personnel is one of the most important responsibilities of any law enforcement agency. The objectives of the training program are: a. Enhance the level of law enforcement service to the community. b. Increase the technical expertise and overall effectiveness of department personnel. c. Provide for continued professional development of department personnel. d. Assist in compliance with POST Board rules and regulations.
Generally, training needs will be met at training sites in the metropolitan area. In exceptional cases where training needs cannot be met at the local level, the department will consider out of metro or state training. The final decision rests with the Chief of Police.
IV. Training Plan It is the responsibility of the Deputy Chief to develop, review, update, and maintain a training plan and to ensure that mandated basic, in-service and department-required training is completed by all employees. The plan shall include recording and logging of all training for all personnel.
While updates and revisions may be made to any portion of the training plan at any time it is deemed necessary, the Deputy Chief shall review the training plan on an annual basis. The plan will include information on curriculum, training material, training facilities, course and scheduling. The plan will address state required minimum mandated training for licensing of peace officers or hiring of non-licensed employees. The plan will also include training for volunteers that is determined to be relevant and helpful to their actions as volunteers for the department.
404 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Officer Responsibilities Officers are responsible for completing training hours necessary for continued POST Board licensing. Officers will complete a training request and submit it to their supervisor. Upon course completion, officers will submit the certificate of attendance to the Deputy Chief for their training file.
VI. Supervisor Responsibilities Supervisors are responsible tor scheduling personnel for training which meets department goals and needs, as well as individual and team needs. When street strength permits, training should be scheduled during the officer’s shift or in lieu of their scheduled shift. When an individual’s performance is below standard, the supervisor is responsible for seeking remedial training. Supervisors will also assist in finding courses to promote career development of personnel.
VII. Attendance All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Employees will make up all missed mandatory training. Excused absences from mandatory training should be limited to the following: a. Required court appearances. b. Approved vacation. c. Sick leave. d. A prior professional or training commitment. e. A personnel shortage, as determine and approved by the Duty Sergeant. If an employee is unable to attend mandatory training, the employee shall notify their supervisor as soon as possible. The employee will also make arrangements through their supervisor and the Deputy Chief to make up the required training.
VIII. Travel Expenses Reimbursement for mileage, lodging, meals, fees, books and other relevant expenses will be made to employees attending approved events in accordant with city policy. The employee must complete the expense form in order to receive reimbursement.
An unmarked car may be used, depending on availability; a written request must be submitted at least 48 hours in advance to the Deputy Chief. No more than one vehicle for every four officers may be used. If a car is not available, the attendee should use their personal vehicle and submit a request for mileage reimbursement.
IX. Employee Compensation for Training in Metropolitan Area a. On-Duty: Employees working an eight-hour work schedule--If class lasts into the seventh hour, enter full day on pay sheet; if more than eight hours, enter the actual number of hours in class. For employees working an eight-hour schedule--If class lasts less than seven hours, comp time may be used for the balance of the day in lieu of returning to work, at the supervisor's discretion. Travel and meal time are not to be entered.
405 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. On-Duty Employees working schedules longer than eight hours: enter time spent in class. Comp time may be used for the balance of the day in lieu of returning to work. Travel and meal time are not to be entered. c. Off-Duty: Only actual time spent in class is to be entered on the pay sheet. Travel and meal times are not to be entered.
X. Employee Compensation for Training Outside Metropolitan Area a. On-Duty: Any class lasting more than four hours will be considered a full day for pay purposes if travel time plus class time lasts into the seventh hour for employees working an eight-hour work schedule; into the ninth hour for employees working a ten-hour work schedule; or into the eleventh hour for employees working a twelve-hour work schedule. b. Off-Duty: Only time spent in class is to be entered on pay sheet. Travel time will be paid and may be used to supplement short training days.
XI. Meals Meal expenses will not be reimbursed for classes held within the City of Roseville. If meals are not provided by the class sponsor, receipts should be submitted for reimbursement as follows: a. One day class: Lunch only. b. Two day class: Lunch and dinner on day one, breakfast and lunch on day two. c. More than two days: Lunch and dinner on day one, three meals per day until last day, breakfast and lunch on last day.
XII. Lodging Lodging expenses will be reimbursed when it is necessary to stay overnight or when the class starting time is 0800 or earlier and more than two hours of travel is required.
XIII. Lesson Plans Lesson plans will be prepared for all training courses conducted by the department. Lesson plans should ensure the training subject is addressed accurately and completely and is properly sequenced with other training materials, when applicable. Moreover, lesson plans must establish the purpose of the instruction, the performance objectives, relate the training to critical job tasks, and identify the issues/procedures to be taught. They also should include references, teaching techniques to be used (lecture, panel, discussion groups), participant responsibilities, and method of evaluation.
The Deputy Chief will review and approve submitted lesson plans. Only approved lesson plans will be implements. If the training is intended to qualify for POST Board continuing education credit, the Deputy Chief will submit lesson plan to the POST Board for consideration and approval pursuant to Minnesota Rules 6700. Training administered by the department for POST Board continuing education credits will have a lesson plan submitted to POST and the Deputy Chief at least 30 days prior to the training date,
406 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
whenever possible.
XIV. POST Mandated Training The Minnesota Board of Peace Officer Standards requires that every active and inactive peace officer and active part-time peace officer must complete a minimum of forty-eight hours of continuing education within the three-year licensing period in order to maintain and renew their license.
Minnesota statute also requires officers complete at least 16 hours of continuing education in the three areas: 1) crisis intervention and mental illness crises, 2) conflict management and mediation, and 3) recognizing and valuing community diversity and cultural differences to include implicit bias. The department will ensure that all officers complete the required training to meet all POST Board mandates and learning objectives outlined in Minnesota Statue Chapter 626.
XV. Career Development It is the responsibility of every individual to determine a career path within the department. It is the responsibility of the department, and the city as a whole, to set forth expectations for jobs within the department so that individuals may set their career goals in conjunction with department goals and needs. Department supervisors will assist individual employees in meeting their goals through counseling, training and mentorship.
XVI. Specialized Training Specialized training is intended to develop knowledge and skills in a particular area. Specialized training is based on the tasks required of the specialized assignment. Specialized training should be coordinated closely with experienced specialized personnel and should be accepted and approved by the POST Board whenever possible. Records of specialized training will be kept by the Deputy Chief.
Department members assigned to any specialty positions will receive on-going and relevant training to their position. Employees assigned to specialty positions are required to maintain proficiency for their assignment. Additional training for supervisors may be offered based upon the recommendation of the Chief of Police, Deputy Chief, or Lieutenants.
XVII. Remedial Training Remedial training is designed to correct deficiencies in skills, knowledge and abilities necessary to perform the responsibilities of various assignments. Any time an agency member's immediate supervisor believes that remedial training is required, the supervisor will specify in writing why the training is required and what training may be appropriate.
This recommendation will be submitted to the Deputy Chief and Operations Lieutenant (for patrol officers) or Investigative Lieutenant (for detectives). If the deficiency is organizational
407 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
and correctable through training, the Deputy Chief will devise an approved training solution within thirty days. If the deficiency is strictly individual in nature, the Deputy Chief will devise a training solution or enroll the employee in the next available appropriate course.
Attendance is mandatory for assigned remedial training. The Chief of Police will give final approval for all remedial training assignments. A recommendation for remedial training should be made for any officer, regardless of length of service, displaying a pattern of work deficiency uncorrected through normal supervisory instruction.
XVIII. Training for Non-Sworn Employees Civilian personnel perform numerous functions crucial to a successful law enforcement agency. The department will provide appropriate and necessary training to all civilian employees initially and at periodic intervals thereafter.
All non-sworn part-time or full-time regular employees should be given the opportunity to attend annual training designed to update their skills, knowledge and abilities, and/or to prepare them for new job responsibilities. Such training is at the discretion of the employee's supervisor, and should be based on the need for the training, budgetary considerations, and staffing needs during the training period.
XIX. Training Records The Deputy Chief is responsible for the creation, filing and storage of all training records in compliance with POST standards. Training records shall be retained as long as the employee's personnel file is retained.
XX. Classroom Discrimination The Deputy Chief shall ensure that procedures for the investigation and resolution of allegations of classroom discrimination are developed and implemented, and include the required elements (Minn. R. 6700.0900; and Minn. R. 6700.0902).
Date: 1/1/2019
Approved by Chief Rick Mathwig
408 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 513 Field Training Program
I. Purpose and Scope This policy provides procedures and guidance for the field training of newly appointed police officers.
II. Policy The Roseville Police Department assigns all new police officers to a structured Field Training Officer Program that is designed to prepare the new officer to perform in a patrol assignment and to acquire all of the skills needed to operate in a safe, productive and professional manner.
III. Field Training Officer Selection Process Field Training Officers (FTO) will be selected based on the following criteria: a. Desire to be an FTO. b. Minimum of two years of patrol experience. c. Demonstrated ability as a positive role model. d. Evaluation by supervisors and current FTOs. e. Possess an FTO certificate of completion from a Minnesota POST Board approved course.
IV. Field Training Officer Program Supervisor The Field Training Program Supervisor will hold periodic meetings with all FTOs to ensure understanding and compliance with the requirements of the Field Training Program. As needed, the Field Training Program Supervisor will hold a process review meeting with all FTOs to discuss changes needed in the FTO Program. A summary of this meeting, with any recommendations or changes made, will be documented and forward to the Chief of Police for review and approval.
The field training officer program supervisor will be selected by the Chief of Police or designee. The responsibilities of the supervisor include the following: a. Assignment of trainees to FTOs. b. Conduct FTO meetings. c. Maintain and ensure FTO/trainee performance evaluations are completed. d. Maintain, update and issue the Field Training Manual to each trainee. e. Monitor individual FTO performance. f. Monitor overall FTO Program. g. Develop or monitor ongoing training needs for FTOs.
V. Required Training Entry level officers shall be required to successfully complete the field training program. The training period for lateral officers may be modified depending on the
409 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
trainee's demonstrated performance and level of experience.
VI. Evaluations Evaluations are an important component of the training process. The Field Training Officer will be responsible for the following: a. Completing and submitting a written evaluation on the performance of the assigned trainee to the trainee's immediate supervisor on a daily basis. b. Reviewing the Daily Observation Reports with the trainee each day. c. Completing an end-of-phase performance evaluation on the assigned trainee at the end of each phase of training. d. Signing off all completed topics.
VII. Documentation All documentation of the Field Training Program will be retained in the officer's training files.
Date: 1/1/2019
Approved by Chief Rick Mathwig
410 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 514 Promotions
I. Purpose and Scope This policy establishes fair and objective procedures for internal promotions.
II. Policy The Roseville Police Department maintains the validity and integrity of the promotion process by fairly and objectively evaluating candidates for promotion in order to make the best possible appointment to available positions. The agency will regularly review this process and make improvements where appropriate or where dictated by state, federal, or local laws and rulings.
III. Department Role and Responsibility The promotional process in Roseville for all non-entry level officer positions, except for the position of Chief of Police, is governed by Minnesota Statutes Chapter 419, Police Civil Service Commissions. The Roseville Police Civil Service Commission develops rules and regulations for the promotional process, in accordance with State Statutes and with input from the Chief of Police. The Chief of Police has the responsibility and authority for managing the department's role in the promotion process. All material used/unused in the promotion process will be secured at all times with limited access, as directed by the Chief of Police.
IV. Eligibility Eligibility requirements for promotional positions, including lateral promotions are established by the Police Civil Service Commission, based on job descriptions maintained by the department. Time-in-grade or time-in-rank requirements, if any, will be specified.
V. Testing Process The testing process will consist of an assessment conducted through a qualified assessment center, or through the Police Civil Service Commission consisting of a written examination and an oral interview, and any other elements as determined by the Commission and communicated to all applicants. Prior to starting the testing procedure, the Commission will determine the numerical weight to be assigned to each testing element. The written examination may be monitored by the Civil Service Commission.
If an assessment center is not used, interviews will be conducted by an interview panel or panels, the members of which will be appointed by the Chief of Police. Interview questions will be developed by the Chief of Police or a designee. The identical questions will be asked of all promotional candidates. All interviewers will use the same rating appraisal form to record interview performance.
VI. Evaluation by Non-Discriminatory and Job-Related Elements The promotion process is an integral part of the agency’s total selection process and must
411 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
meet the same legal, professional and administrative requirements established for entry- level selection. Consequently, agency procedures used to determine promotional ranking will be job-related and non-discriminatory. Any written examination given and oral examination questions asked will be validated for job-relevancy and non-discrimination.
VII. Appeals and Follow-Up Candidates may appeal any portion of the promotional process within ten days of notification of the outcome of the process. Appeals will be directed to the Chief of Police. Subsequent to announcement of the results of the promotional process, candidates may review the written results of scored elements of the selection process and may request reapplication, re-testing and/or re-evaluation.
VIII. Promotion Announcements The department will provide employees with a written announcement of promotional opportunities. Announcements will be distributed to all affected employees and posted on agency bulletin boards. Additionally, verbal reminders should be provided at roll call, staff meetings and other department meetings. The announcement of any promotional opportunity will include, at a minimum: a. A description of the position or job classification for which a vacancy exists. b. A description of eligibility requirements. c. A description of the process to be used in selecting personnel for the vacancy. d. A schedule of dates, times and locations of each element of the process.
IX. Development of Eligibility Lists An eligibility list for promotions within the department will be created by the Police Civil Service Commission based on the compilation of weighted scores of each applicant for all elements of the testing process. Applicants will be ranked and listed according to cumulative scores achieved during the examination and evaluation process. An eligibility list for a position will be effective for up to two calendar years following its creation and may be extended for up to one additional year with the approval of the City Manager.
X. Use of Eligibility Lists When a vacancy occurs, the Police Civil Service Commission will certify to the City Manager the top three names on the Eligibility List. (The Commission should ascertain prior to certifying a list, the continued availability and interest of the top three candidates.) The City Manager may appoint from the certified names or may reject all names and request a new List. If a new list is certified, names will be selected in the same manner as the original List (highest cumulative score first). The Chief of Police generally recommends to the City Manager either a name from the list or the rejection of the list. The City Manager may act upon such recommendation, if given, at their discretion.
XI. Probationary Periods A twelve-month probationary period is required by Civil Service Rules for all promoted agency members, commencing the first full working day at the new position. The
412 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
probationary period is to be an integral part of the evaluation process used for the identification, development and assessment of an individual's fitness for a particular position. Performance standards and assessment procedures will be developed and communicated to the probationary employee at the beginning of the probationary period.
As early as possible during the probationary period, the probationary employee should be alerted if their performance is unsatisfactory. The supervisor should make clear the need for improvement and inform the employee that lack of improvement would be cause for return to the employee’s former rank or status. During the probationary period the City Manager, after stating reasons in writing to the Civil Service Commission, may rescind the promotion with the approval of the Commission. The officer shall thereafter be re-instated to their former position.
Date: 1/1/2019
Approved by Chief Rick Mathwig
413 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 515 Performance Evaluations
I. Purpose and Scope This police outlines the purpose and structure of the department's performance evaluation system.
II. Policy The Roseville Police Department fairly and objectively evaluates every member's performance relative to defined duties and responsibilities on a regular basis.
III. Performance Evaluation Objectives The primary purpose of the performance evaluation is to improve individual performance, thereby improving the overall effectiveness of the department. The evaluation serves as a basis for establishing and maintaining open communication between employee and supervisor in a manner that promotes positive employee development within the organization. The objectives of this system are to: a. Maintain and improve performance. b. Foster fair and impartial personnel decisions. c. Facilitate two-way communication between employee and supervisor. d. Facilitate proper decisions regarding probationary employees. e. Provide an effective and fair means for measurement and recognition of individual performance in accordance with prescribed guidelines. f. Identify training and development needs. g. Provide a basis for planning future performance.
IV. Employees Rated by Immediate Supervisors Employees will be rated by their designated immediate supervisor. Supervisors may receive opinions from other supervisors having contact and involvement with the employee; final decisions regarding the performance evaluation will be the prerogative of the immediate supervisor.
V. Performance Evaluation System The evaluation system is based on a format developed by members of the Roseville Police Department. The Chief of Police may make changes in the performance evaluation system at any time to meet evolving needs of the department. Procedures for use and completion of forms are provided to each supervisor. a. Rating System: Supervisors will apply one of four performance ratings (see attached definitions) to each applicable job responsibility measurement. b. Rating Considerations: Supervisors have a clear responsibility to conduct evaluations objectively, accurately and in a positive manner. Supervisors should: i. Communicate performance expectations to the employee. ii. Promote employee participation. iii. Evaluate performance for the entire rating period.
414 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
iv. Keep the evaluation job related. v. Use descriptive statements to support the evaluation. vi. Plan the interview in advance. vii. Listen to the employee during the interview. viii. Demonstrate a sincere interest in improving the employee's performance and job satisfaction. ix. Use the interview to plan for the future.
VI. Performance Evaluations for Regular Employees a. Annual review: It is the policy of this Department to review at least annually the performance of each employee. A full review period is the calendar year (January through December). If an employee receives any ratings of “Requires Improvement,” the employee and supervisor will complete a work plan for improvement. b. Transfer to a Different Supervisor: When an employee is transferred from one supervisor to another during the evaluation period, the previous supervisor should complete a Performance Summary for the portion of time they supervised the employee. A Performance Summary may be in memo form and should provide the new supervisor with any pertinent information applicable to the employee’s performance evaluation. The new supervisor should take the performance summary into consideration when conducting the periodic review.
VII. Performance Evaluations for Probationary Employees The principal objective of evaluating probationary personnel is to determine the employee's ability to do the job and suitability for continued employment. To accomplish this, the probationary employee and supervisor will jointly review the position responsibilities and the supervisor’s evaluation. Discussion should include review of the job description, key responsibilities, performance standards, and goals for the probationary period. For a newly hired officer, daily and weekly progress reports are completed on officer development throughout the Field Training Officer (FTO) process. After completion of the FTO program, bi-monthly evaluations will be completed throughout the probationary period.
VIII. Discussion of Evaluation with Employee At the conclusion of the rating period, each employee shall discuss the following with their immediate supervisor: a. Results of the Performance Evaluation just completed b. Level of performance expected, rating interim or goals for the new reporting period c. Career counseling relative to such topics as advancement, specialization or training appropriate for the employee's position.
The intent of the discussion is to ensure that at least once each year, the immediate supervisor of each employee provides feedback regarding employee performance. It is critical that counseling of this type include both a review of performance over the prior rating period and, as a matter of fairness to the employee, an indication of the expectations
415 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
for the upcoming reporting period. This is an appropriate time to review the employee's career goals within the department.
IX. Explanatory Comments for Extreme Ratings Supervisors will provide explanatory comments on the Performance Evaluation form supporting any rating other than “Achieves Expectations and Exceeds Expectations.” Comments should include specific reasons and/or examples for the rating given.
X. Employee Review of Completed Performance Evaluations Employees must sign the completed performance evaluation form. The signature does not indicate agreement or disagreement with the evaluation. Rather, by signing, the employee indicates he/she has read the report. The employee may make comments about the evaluation in the sign off section of the evaluation form, or may attach a separate page. The employee will receive a copy of the completed and signed evaluation form.
XI. Written Notification of Unsatisfactory Performance Supervisors will advise an employee in writing whenever the employee's performance is considered clearly unsatisfactory for the rating period. This notification will ordinarily be made so that there is sufficient time for the employee to improve his/her performance prior to the time for a formal annual evaluation.
Supervisors should be prepared to substantiate unsatisfactory performance and to define actions the employee should take to improve his/her performance. If unsatisfactory performance continues, this information will become part of the formal evaluation process.
XII. Appeal Process for Contested Evaluations When an employee disagrees with their rating and so indicates on the evaluation form, the supervisor will inform the employee of the availability of an appeal to the Chief of Police. If an employee wishes to appeal, the appeal must be in writing and state the reasons for the appeal and the points of disagreement. This appeal must be submitted within ten days after the employee has signed the evaluation. The Chief will have ten working days to investigate the appeal and respond to the employee in writing with the findings. If the employee disagrees with the findings, or if the Chief of Police was responsible for the original performance evaluation, the employee may appeal in writing within ten days to the City Manager, again stating the reasons for the appeal. The City Manager will have ten working days to respond in writing to the employee. The City Manager's decision will be final.
XIII. Utilization of Performance Evaluation Results Performance evaluations are utilized by the Department in a variety of ways including, but not limited to, determining: a. Promotions. b. Career Development. c. Training opportunities.
416 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
d. Re-assignments. e. Ability to assume greater responsibility. f. Effectiveness in assigned position.
XIV. Review of Evaluations by Chief of Police Each performance evaluation report will be reviewed and signed by the Chief of Police. The rater's supervisor will accomplish two purposes in this review: a. To ensure fairness and validity of the system through the uniform application of ratings by supervisors. b. To evaluate supervisors based on the quality of their evaluations in these areas: i. Fairness and impartiality of ratings. ii. Supervisor’s participation in counseling rated employees. iii. Timeliness of completing scheduled evaluations. iv. The supervisor’s overall ability to carry out their role in the performance evaluation system.
XV. Maintenance of Evaluation Records All performance evaluations will be maintained by the Police Department and retained according to the department retention schedule.
Date: 1/1/2019
Approved by Chief Rick Mathwig
417 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 516 Community Relations
I. Purpose and Scope This policy establishes the guidelines for the programs and activities that promote strong relationships of mutual trust between the department and the community.
II. Policy The Roseville Police Department is committed to building relationships, collaborations, and partnerships with the community in order to promote crime prevention programs, creative problem solving, accountability, and transparency. Community relations are an integral part of public safety and effective policing.
III. Community Relations Guidelines The primary goal of the community relations function is to enhance communications between the agency and the community. A successful community relations program builds trust and legitimacy with the community and encourages collaboration with community members in order to identify and provide solutions to public safety concerns and problems. While crime prevention and community relations are the responsibility of all Department personnel, the primary operational responsibility is assigned to the Community Relations Coordinator.
IV. Community Input The department values community input and incorporates feedback into agency policy through in-person meetings, surveys, and other communications from the community.
Date: 1/1/2019
Approved by Chief Rick Mathwig
418 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 517 Honor Guard
I. Purpose and Scope This policy established procedures for handling requests for Honor Guard services. The mission of the Honor Guard is to convey the department’s respect, empathy and condolences in a formal setting in order to assist a grieving community, but it may also be utilized to celebrate achievement, and other occasions in which a presentation of the colors is appropriate.
II. Policy The Honor Guard shall provide official department representation at ceremonial occasions as directed by the Chief of Police or their designee. These occasions may include, but are not limited to: officers killed in the line of duty, officers that die during service, officers that die after retirement, out of agency services (e.g. citizen honorariums, parades, civic events, etc.), and memorial services (e.g. National Law Enforcement Memorial Week, Medal of Honor/Life Saving awards ceremonies, etc.).
III. Guidelines The following guidelines are provided to assist Honor Guard members to fulfill responsibilities and duties in an efficient and expeditious manner. These guidelines are not meant to imply inflexibility on the part of the Honor Guard in deployment and service offered, but rather to serve and promote understanding and cooperation for all concerned. a. The supervisor of the Honor Guard (designated by the Chief of Police) is responsible for coordinating the selection, training and scheduling of Honor Guard personnel. The Honor Guard Supervisor or a designee shall have the overall responsibility for coordinating Roseville Police Department activities related to assigned details. b. All requests for Honor Guard services should be directed to the Chief of Police who will route the requests to the Honor Guard Supervisor or designee. c. It is the responsibility of the Honor Guard Supervisor to update the Honor Guard roster on an as required basis and to ensure a current roster is provided to the Chief of Police.
IV. Requests for Honor Guard Services for Roseville Police Officers In the event the deceased is a Roseville Police Officer, the following steps should be taken by the Honor Guard supervisor or designee: a. Active Officer: The Roseville Police Department will provide department representation in the event of the death of a Roseville police officer. The Chief of Police or designee will decide the appropriateness of any type of police escort for the deceased officer from the funeral home to the burial site. Should a line up duty death occur, the Chief or designee will send out a teletype message to all police jurisdictions. The deceased officer’s family’s wishes will be followed whenever possible. The Honor Guard Supervisor or a designee will: i. Contact members of the Roseville Police Department Honor Guard to help facilitate plans for the funeral event.
419 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ii. Contact other outside agencies for mutual aide to back-up auxiliary services as needed (e.g. traffic control, LEMA). b. In-active Officer (Retired): The department will not provide any type of police escort service for the deceased officer or family. The Honor Guard Supervisor or designee will: i. Contact immediate family members to offer condolences and extend the offer of the services of the Honor Guard. A funeral detail will be assembled if the family wishes and if the funeral is being held locally. ii. Contact Honor Guard members and advise the team that Honor Guard services have been requested.
V. Requests from Outside Police Jurisdictions When the services of the Honor Guard are requested by an outside organization to participate in a memorial service, parade or Police Week, the Honor Guard may respond only if it is determined by the Chief of Police the event would serve the best interests of the community and the Roseville Police Department. In the event that the request involves a deceased officer from another jurisdiction, the honor guard will adhere to the following guidelines: a. When the officer dies from natural causes--active or retired--the Honor Guard normally does not respond. An exception may be made if a family member of the deceased, the affected agency, or a Roseville Police Department Officer specifically requests the Honor Guard. This type of request will be reviewed by the Chief of Police or designee. b. The Honor Guard will not respond to any request when the deceased is a civilian, unless authorized by the Chief of Police.
VI. Duty Guidelines for Participation in Honor Guard Activities On-duty participation will be allowed only if staffing levels are above minimum staffing requirements, or if the Chief of Police or designee grants authorization. On-duty hours may be replaced by time actively deployed to the Honor Guard if conducted on a regularly scheduled work day and deployment does not affect minimum staffing levels. Honor Guard members are required to fulfill the remaining hours of their shift or take approved time off if the Honor Guard service is less than the regularly scheduled work day.
In the event that staffing levels cannot accommodate on duty participation, off-duty Honor Guard members will be used to fill the assignment on a volunteer basis.
The use of department vehicles for funerals will be determined by the Chief of Police or designee. If vehicles are available, officers assigned to the Honor Guard or funeral detail will ensure the vehicles are clean, fueled and accessible.
VII. Uniform Guidelines for Honor Guard Activities Honor Guard members are responsible for the purchase of the uniform components with the exception of the holster, Sam Browne belt and two-inch duty belt. Uniform components purchased by the City are considered City property. The standard uniform is as follows:
420 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
a. Service hat/badge. b. Roseville Police Department dress uniform with shoulder patches. c. White long sleeve shirt. d. Patent leather duty belt with shoulder strap and accessories. e. Black citation cord. f. White gloves. g. Badge cover. h. Black tie.
Weather extremes may dictate how the Honor Guard members dress (i.e., the Honor Guard Supervisor will make determination on whether or not an overcoat will be worn).
VIII. Uniform Guidelines for Funeral Details Officers attending a funeral details will wear a Class A uniform as outlined in the uniform policy, including a long sleeve shirt and year round hat with badge. BDU trousers are not allowed.
IX. Black Mounting Bands Department issued badge mourning covers will be worn during a mourning period when authorized by the Chief of Police. A personnel order will state how long badge covers will be worn.
Date: 1/1/2019
Approved by Chief Rick Mathwig
421 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 600 Vehicle Maintenance and Use
I. Purpose and Scope This policy ensures Roseville Police Department vehicles are properly equipped, maintained, and available when needed. This policy also provides guidelines for on- and off-duty use of department vehicles.
II. Policy Employees are responsible for assisting in maintaining department vehicles so that they are properly equipped, maintained, refueled and present a clean appearance. Every employee is responsible for the vehicle used during their shift. Following proper procedures for maintenance and equipment will lead to an efficient and professional police force. Police vehicles will not be taken home after a regularly scheduled shift unless authorized by the Chief of Police.
The Roseville Police Department provides vehicles for department-related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the department, requirements for tactical deployments, and other considerations.
III. Refueling Every officer will refuel their assigned squad car at the end of their shift. Unmarked vehicles will be refueled when the gas level is less than half full.
IV. Removal of Weapons All firearms, weapons, and control devices shall be removed from a vehicle and properly secured prior to the vehicle being moved off-site for maintenance, service, or repair.
V. Damage and Missing Equipment Officers assigned to any marked or unmarked police vehicle, whether long term or temporarily, are responsible for maintenance, cleanliness, assigned equipment, and reporting damage. The assigned officer must immediately report any missing equipment or damage to the Duty Sergeant. Damage to any department vehicle not caused by a traffic collision shall be immediately reported to the shift supervisor.
VI. Crashes Involving Department Vehicles When any department vehicle is involved in a traffic collision or otherwise incurs damage, the involved employee shall promptly notify a supervisor. Initial reports will be written by an outside law enforcement agency involving crashes of department vehicles whether on public roadways or private property, including the PIT maneuver. Involved personnel will document activities on the appropriate Roseville incident and/or supplemental report. The on-duty supervisor will insure the outside agency is contacted.
422 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
VII. Repairs When a vehicle is in need of repair, an equipment repair request will be completed by the operator and given to the Duty Sergeant for approval. If approved, the Duty Sergeant will initial the request and give it to the dayshift sergeant and/or Lead Community Service Officer who in turn will get the vehicle and request to the city maintenance garage.
VIII. Parking All marked and unmarked police vehicles will be backed into their assigned space when parked in the underground police garage. All police vehicles left unattended outside the upper garage shall have the keys removed, windows closed, and doors locked. Keys will be kept on the board in the patrol storage. Marked squads will not be kept running unless outside temperatures are 32ºF or less. The doors and transmission will be locked when squads are left running. Canine squad engines can remain running in order to keep the canine comfortable.
IX. Parking in the Sally port Vehicles are not to be parked in the sally port (door 1) unless unloading or loading prisoners. The sally port must be cleared for incoming prisoners. Parking is allowed in garage door 2 and door 3 for necessary law enforcement duties.
X. Use of Unmarked Squads Unmarked squads may be used for transportation to training and to work-related duties on an "as available" basis. Unmarked vehicles are not to be used for traffic enforcement without prior permission by the Duty Sergeant.
XI. Exterior Markings and Equipment a. Marked Squads: Routine patrol squads will be readily identifiable as law enforcement vehicles from every view, from a distance and at night. Conspicuous markings will include exterior mounted emergency lights, agency name, emergency telephone number and reflective lettering, decals or materials on the back of the vehicle. b. Unmarked Vehicles: Unmarked vehicles used for active traffic enforcement will be equipped with a siren and emergency lights. c. Emergency Equipment: Each vehicle in routine or general patrol service will be outfitted with at least the following operational equipment: emergency lights, siren, mobile radio transceiver, public address speaker, exterior spotlight, and intersection priority control system (Opticom).
XII. Patrol Vehicle Equipment 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. First aid and oxygen kit. b. Blood borne pathogen kit, including protective gloves.
423 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. Blanket wrapped in plastic for cleanliness. d. Emergency road flares. e. Crime scene barricade tape. f. Fire extinguisher. g. Hazardous Materials Emergency Response Handbook. h. Orange traffic vest. i. AR15 and ammunition. j. Crime scene processing kit, digital camera, fingerprint kit, materials for marking, packaging and inventory of evidence, required forms and reports, materials for crime scene sketching, ruler or other measuring device, 100-foot measuring tape.
XIII. Unmarked Vehicle Equipment An employee driving an unmarked department vehicle shall ensure that, at minimum, the equipment listed below is present in the vehicle a. First aid kit and CPR mask b. Blanket c. Fire extinguisher d. Crime scene barricade tape e. Blood borne pathogen kit, including protective gloves f. Hazardous materials emergency response handbook
XIV. Inspections Inspections may be performed as needed or as scheduled by the Chief of Police, Operations Lieutenant or the Duty Sergeant. Officers are responsible to make sure assigned vehicles are clean, serviceable, and safe. Each officer is accountable for the condition of their assigned vehicle, its listed contents, and its serviceability. The Duty Sergeant may assign an officer to clean and check any unassigned vehicle on inspection day.
XV. Seatbelts Front and back seat occupants of marked and unmarked squads are to use seat belts in accordance with Minnesota Statute 169.686. In custody back seat passengers should be seat-belted; if they refuse, the officer shall document refusal in their report.
XVI. Vehicle Assignments Vehicle assignments will be made annually. Marked or unmarked vehicles are to be used in the assigned district except in the case of emergency or maintenance.
XVII. Use of Assigned Take-Home Vehicles The Chief of Police, or designee, will authorize personnel to drive a vehicle to and from their residence on a daily basis. The following applies to take-home vehicles: a. Any damage or necessary maintenance on vehicles assigned to police personnel shall be reported promptly to ensure all repairs and maintenance are done in a timely and appropriate manner.
424 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Officers shall secure and maintain equipment in their assigned vehicle as necessary to carry out assigned duties. c. Officers are authorized to drive assigned vehicles between their residence and the location where they begin and end their duty assignment. d. The department does recognize that officers may occasionally make incidental stops not directly related to normal duties while traveling between their residence and their duty assignment. e. Officers will not be compensated for time spent traveling to and from duty assignments. f. All department and city rules governing the use of city-owned vehicles will be applicable to the operation and use of take-home vehicles
XVIII. Alcohol Members who have consumed alcohol are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated.
Date: 1/1/2019
Approved by Chief Rick Mathwig
425 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 601 Self-Rescue and Tactical Equipment
I. Purpose and Scope This policy provides law enforcement officers with guidelines for the proper use of hard armor, ballistic helmets, tactical supply bags, and self-rescue medical equipment.
II. Policy The Roseville Police Department maximizes officer safety through the use of hard armor, tactical supply bags, and self-rescue medical equipment.
III. Tactical Supplies and Self-Rescue Equipment The Deputy Chief shall ensure a tactical supply bag, hard body armor, and self-rescue equipment are available to all officers. Tactical supply bags will be equipped according to best practices established by the use of force instructors.
IV. Hard Body Armor Officers may wear hard armor carriers anytime there is a situation where the officer could reasonably be confronted with weapons or is in need of the equipment contained in/on the hard armor carrier.
V. Self-Rescue Equipment All uniformed officers shall carry basic self-rescue equipment on their person. Investigators and administrative staff shall have immediate access to self-rescue equipment when responding to incidents or likely to be engaged in enforcement activity. At a minimum, uniformed officers shall possess a tourniquet to prevent exsanguination. Officers may be excused from the requirement when working plainclothes, undercover operations, or other situations that make the carrying of the equipment unreasonable (e.g. ceremonial events).
VI. Inspections Supervisors should ensure the hard armor carrier or tactical supply bag, and self-rescue medical equipment is with/worn and maintained in accordance with this policy through routine observation and periodic inspections.
Date: 1/1/2019
Approved by Chief Rick Mathwig
426 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 602 Identification Based Information System
I. Purpose and Scope This policy establishes procedures for the proper use of the Identification Based Information System (IBIS).
II. Policy The IBIS is designed to aid police personnel in the identification of individuals through the evaluation of fingerprints. Only employees who have received training in the use of the Rapid Identification System are authorized to use it.
III. Definitions a. Rapid Identification System: Also known as IBIS (Identification Based Information System), is a subsystem of the Automated Fingerprint Identification System (AFIS) that is capable of searching submitted index fingerprints and returning identification and/ or criminal history data in a short time. b. Automated Fingerprint Identification System (AFIS): The Minnesota Bureau of Criminal Apprehension's fingerprint system for identification of individuals in the criminal justice system. c. Computerized Criminal History Data: All data maintained in criminal history records compiled by the Bureau of Criminal Apprehension and disseminated through the criminal justice information system, including but not limited to fingerprints, photographs, identification data, arrest data, prosecution data, criminal court data, custody, and supervision data. d. Criminal Justice Agency (MN Stat. 299C.46): An agency of the state or an agency of a political subdivision charged with detection, enforcement, prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this state. This definition also includes all sites identified and licensed as a detention facility by the Commissioner of Corrections under section 241.021.
IV. Storage and Use The rapid identification equipment is stored in accordance with the manufacturer's recommendation and to ensure that it is functional and available. Two-finger based rapid identification data is only an aid to the identification of a person. Information received from the rapid identification system shall not be used as the sole grounds for establishing probable cause for arrest. Police using the rapid identification equipment or accessing the rapid identification data shall ensure that fourth amendment rights of the individual being tested are not violated and that civil rights, state law, and policy and procedures are not violated.
Those individuals who use the rapid identification system in a manner inconsistent with policies, state law, and federal law will be subject to discipline.
427 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Date: 1/1/2019
Approved by Chief Rick Mathwig
428 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 603 Centurion Scout Portable Alarm System
I. Purpose and Scope The purpose of this policy is to establish a procedure for the maintenance and effective use of the Centurion Scout Alarm System.
II. Policy It is the policy of the Roseville Police Department to encourage both patrol officers and detectives to use the Centurion Scout Alarm System which serve as a deterrent to crime and may assist in catching perpetrators.
III. Responsibility for Maintenance, Control, and Training The department’s IMPACT Team is responsible for maintaining, controlling and training in the use of the Centurion Scout Alarm System and activation devices. When an officer recommends a Centurion Scout Alarm to a business or when a business requests such a service, the officer shall complete the Centurion Scout Alarm Request Form. It is the responsibility of the IMPACT Team to assign and keep track of devices used--where and for how long. The IMPACT Team shall be responsible for regular maintenance, including ensuring batteries are in good condition and that all units and devices are operating properly. When a unit needs repair, the IMPACT Team is to be notified in writing. The IMPACT Team or designee shall be responsible for training department employees in the use and deployment of the Centurion Scout Alarm units.
IV. Responsibility of the Requesting Officer The requesting officer should: a. Complete the Centurion Scout Alarm Request Form and get it signed by the recipient. b. Install the Centurion Scout Alarm and instruct the recipient on usage. c. Return equipment within the allotted time, notifying the IMPACT Team in writing of any problems with the equipment. d. Information about the placement/activation of the Centurion Scout Alarm should be disseminated to department employees. The Ramsey County Emergency Communications Center should also be notified of the unit’s placement location and approximate time frame it will be at said location. e. Arrange for a key, key holder, or access to any location where a unit is placed.
Date: 1/1/2019
Approved by Chief Rick Mathwig
429 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 604 Personal Communication Devices
I. Purpose and Scope This policy establishes guidelines for the use of personal communication devices (PCD), including mobile telephones and communication devices, whether issued by the department or personally owned, while on-duty or when used for authorized work-related purposes.
II. Policy In an effort to make use of technology to better serve the community, the Roseville Police Department provides personal communication devices to be used by its members in the course of their duties.
Employees may utilize department-issued PCDs and possess personally owned PCDs in the workplace subject to certain limitations. The inappropriate use of a PCD while on-duty may impair officer safety. Additionally, employees are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the employee and the employee’s PCD records to civil or criminal discovery or disclosure under applicable data practices laws and rules of civil or criminal procedures.
Personal communication devices are subject to applicable policies in the city employee handbook.
III. Privacy Policy Employees shall have no expectation of privacy with regard to any communication made with or stored in or through PCDs issued by the department and shall have no expectation of privacy.
IV. Department-Issued PCD Depending on an employee's assignment and the needs of the position, the department may at its discretion issue a PCD. Such devices and the associated telephone number shall remain the sole property of the department, and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause. All department issued devices must be locked with a password or fingerprint detection. Protective cases must be utilized for department-issued devices.
V. Personally Owned PCD Employees may carry a personally-owned PCD while on duty, subject to the following conditions and limitations: a. The department accepts no responsibility or liability for loss of or damage to a personally-owned PCD.
430 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Employees have a reduced expectation of privacy when using a personally-owned PCD in the workplace, and have no expectation of privacy with regard to any department business-related communication. c. The device shall not be utilized to record or disclose any business-related data, including photographs, video, or the recording or transmittal of any data or material obtained or made accessible as a result of employment with the department, without the express authorization of the Chief of Police or the authorized designee.
VI. Public Records Work related information including data created, received, recorded or stored on a personally owned PCD in the course of department duties is considered government data subject to the requirements of the Minnesota Government Data Practices Act and discovery obligations (Minn. Stat. § 13.01).
VII. Use of Personal Communication Devices The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business: a. Personal communications devices must be carried and/or stored in a manner or location that does not unreasonably interfere or impede the use of equipment, including but not limited to a weapon, ammunition, and handcuffs. b. PCDs should be set to silent or vibrate mode when answering calls for service. c. Employees shall limit their use of PCDs to brief personal communications. Nothing in this policy prohibits a member from using their personal communications device without restriction during break and meal times. d. Employees may use a PCD to communicate with other personnel in situations where the use of the radio is either impracticable or not feasible. e. Officers are prohibited from taking pictures, video or making audio recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means without the express authorization of the Chief of Police or the authorized designee or contrary to data practices policies and procedures may result in discipline. f. Personal use should not interfere with the performance of the employee’s job responsibilities or agency business. g. Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any employee having knowledge of such conduct shall promptly notify a supervisor.
VIII. Supervisory Responsibilities Supervisors should monitor, to the extent reasonably practicable, PCD use in the workplace and take prompt corrective action if an employee is observed or reported to be improperly using a PCD.
431 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
IX. Use While Driving The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters involving official duties and, where reasonably practicable, stop the vehicle at an appropriate location to use the PCD (Minn. Stat. § 169.475). When possible, hands-free use should be utilized. Employees operating non- emergency vehicles shall comply with Minn. Stat. § 169.475 and utilize hands-free options whenever possible.
Date: 1/1/2019
Approved by Chief Rick Mathwig
432 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 605 In-Squad Mobile Audio/Video Recording System
I. Purpose and Scope This policy provides guidance for the use of in–car mobile audio/video (MAV) recording systems.
II. Policy The Roseville Police Department equips patrol vehicles with mobile audio/video recording systems (MAV). It is the policy of the Roseville Police Department to use mobile audio and video technology to more effectively fulfill the department’s mission and to ensure these systems are used securely and efficiently. The use of the MAV recording system is intended to accomplish the following objectives: a. To enhance officer and public safety. b. To enhance accountability and public trust by preserving evidence of officer’s interactions with citizens. c. To capture digital audio-video evidence for criminal, civil and traffic-related court cases. d. Assist officers with recalling factors or other details captured by the equipment that will help them accurately articulate a chain of events when writing reports. e. To be used as a training tool for officer safety and best practices in the Roseville Police Department.
III. Patrol Officer Responsibilities Officers will use a squad equipped with a MAV system unless no squad equipped with MAV system is available. It is the responsibility of the officer to ensure the system is operating properly, to log into the system when feasible, and to report any equipment malfunctions as necessary. Officers are not required to utilize the wireless microphone if equipped with a personal recording system. Officers should make every effort to utilize the MAV system to document all traffic stops, pursuits, vehicle searches, transports, arrests, squad involved accidents, and adversarial citizen contacts.
IV. Activation of the System The MAV system is configured to capture 30 seconds of video prior to activation. It is not configured to record any audio during this period. The MAV system is activated in the following ways: a. Automatically activated by emergency lights and/or siren. b. Automatically activated by vehicle speed. c. Automatically activated by opening a back door. d. Automatically activated by crash sensor. e. Manually from the mobile laptop through software interface. f. Manually from the remote wireless transmitter worn by the officer. g. Manually from the record buttons on camera or Video Processing Unit (VPU).
433 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Cessation of Recording Once activated, the MAV system should remain on until the incident has concluded. Recording may cease in the following situations: a. The officer does not reasonably believe that deactivation will result in loss of critical documentary information, or b. The intention to stop the recording has been noted by the officer either verbally or in written notation, or c. With the approval of a sergeant or command officer.
VI. Classification and Retention At the end of a recording event, officers are responsible to classify the recording. The classification process ensures all recordings are properly saved consistent with Minnesota data practices. Below is a list of all classifications with definition and retention periods. a. Assist outside agency: Footage captured while assisting other agency that may contain evidence (120 days). b. Arrest: Custodial arrest with no documented use of force (2 years). c. Use of Force: Any documented use of force (6 years). d. Response: Response to CFS that does not result in any other classification (90 days). e. Interview/Investigate: Interview or incident captured on PRS that does not result in any classification (90 days). f. Test/Accidental: System check at beginning of duty tour / accidental activation (90 days). g. Traffic: All traffic stops (cite or warn), unless custodial arrest or force is used. (1 year). h. Training: Event that could assist in department training (manual retention and subject to approval by Chief of Police). i. Data subject request: Data requested to be held by subject of data (180 days). j. Formal Complaint: Data related to a formal complaint (6 years).
VII. Access to MAV Data Officers shall restrict viewing of recorded data for law enforcement purposes only. Officers are not authorized to release recorded event content. Officers may access and view stored video of incidents in which they have been directly involved. Officers may view other data with a supervisor’s approval. Relevant data may be reviewed by an employee participating in an official department investigation. Officers can view saved data to: a. Refresh memories of events and statements. b. Refresh memories of events and statements prior to completing reports or making statements. c. Ensure the system is operating properly. d. Self-Critique.
VIII. Agency Use of Data It is not the intent of the department to review digital evidence for the purpose of
434 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
general performance review, for routine preparations of performance reports, or to discover policy violations. MAV data may be viewed for administrative purposes to include, but not limited to: a. Any incident where a member of the department is injured or killed during the performance of their duties. b. Any incident involving the use of force by a member of the department so the supervisor can validate the force used was within policy. c. Any in-custody death. d. Any police pursuit. e. When any member of the department intentionally or unintentionally discharges a firearm at a person regardless whether an individual is struck. f. Officer involved traffic collision. g. Prior to release of recording in response to proper legal request (e.g., subpoena or other court order). h. In preparation for a civil deposition or responding to an interrogatory where the incident arises from the employee’s official duties. i. When preparing to testify in a criminal, civil or administrative proceeding arising from the employee’s official duties. j. For investigations undertaken by the department, for the purpose of proving or disproving specific allegations of misconduct. For administrative proceedings, when digital evidence is used by the department for the purpose of proving or disproving allegations of misconduct, only digital evidence relevant to the investigative scope shall be viewed and retained by investigators. Information relevant to the recordings viewed and seized as evidence by detectives shall be documented as part of the chronological summary of any investigation undertaken by the department. k. Supervisors reviewing event recording should remain focused on the incident or incidents in question and review only those recording relevant to their investigative scope. If improper conduct is discovered during any review of digital evidence, the supervisor may take the necessary steps to counsel or initiate an internal affairs investigation in adherence with department policy.
IX. Retention and Copying of Recorded Data The copying of all data will be for official business only. Exceptions shall be approved by the Chief of Police. Data recorded by the system and stored on any media is classified as official government data and subject to Minnesota Data Practices. Much of the data saved on the server will not be needed for long term retention and will be automatically purged after a minimal time period or when a determination is made that the data no longer needs to be retained. Other recorded data will require long term retention and/or transfer to another type of media. Copies of recorded data may be made for the following reasons: a. For use as evidence in court. b. For review by prosecuting or defense attorneys. c. For use in investigating complaints against officers. d. To assist officers and investigators in an investigation.
435 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
e. For officer review prior to a court appearance. f. For long term records archiving. g. For use as authorized training material. h. Other uses as approved the Chief of Police.
If an officer involved objects to the showing of data, the objection needs to be submitted to the Chief of Police to determine if the value of training outweighs the officer’s objection for not releasing the video.
X. Requests for Copying of Recorded Data The duplication of recorded data from the server to other media is the responsibility of a person(s) designated by the Chief of Police and trained in the operation of the server and duplicating equipment. After use, all duplicates shall be returned to the property room manager for disposition. Requests for duplicate recorded data should be made in writing a minimum of two days prior to need and submitted to the person(s) designated by the Chief of Police to duplicate data. The data request should include: a. Case number. b. Data and time of incident. c. Name and badge number of officer making the original recording. d. Reason for the copy.
XI. System Malfunction and Maintenance It is the officer’s responsibility to ensure the mobile digital video recording system in their assigned squad is working properly. If not, the officer shall report the problem to the supervisor, complete an IT General Request Help Ticket, and remove the squad from service. In the case of the mobile digital video recording system failing during the shift, the officer may continue to use the squad until the end of the shift and at shift completion, report the problem to the supervisor, complete an IT General Request Help Ticket, and remove the squad from service.
Maintenance and repair of any part of the recording system is the responsibility of the manufacturer and will be done by the manufacturer or a manufacturer designated representative. Officers shall not attempt maintenance or repair on any component of the system. No employees will not take any action intended to damage or render any part of the recording system inoperable, overwrite recorded data, or defeat the intended use of the system.
Date: 1/1/2019
Approved by Chief Rick Mathwig
436 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 606 Portable Recording Systems
I. Purpose and Scope This policy provides guidelines for the use, management, storage, retrieval, and duplication of video and audio media recorded by the portable recording system (Minn. Stat § 626.8473). The Roseville Police Department provides members with access to a portable recording system (PRS) for use during the performance of their duties. The use of the PRS is intended to enhance the mission of the department by accurately capturing contacts between members of the department and the public.
This policy governs the use of portable recording systems in the course of official duties. It does not apply to the use of surreptitious recording devices in undercover operations or the use of squad-based (dash-cam) video recorders. The Chief or designee may supersede this policy by providing specific instructions for the use of the PRS to individual officers or for the use pertaining to certain events or classes of events, including, but not limited to protests and demonstrations.
II. Policy It is the policy of the Roseville Police Department to authorize the use of department-issued portable recording systems as set forth below and as required by Minn. Stat. § 626.8473, subd.3. It is the goal of the Roseville Police Department to use portable recording systems to enhance the mission of the department by documenting contacts between members of the department and the public. Digital evidence captured by the PRS is not all inclusive. The system captures a less broad and less detailed image than the totality of the human senses.
III. Portable Recording System Objectives The Roseville Police Department has adopted the use of portable recording systems to accomplish the following objectives: a. To enhance accountability and public trust by preserving documentation of officer’s interactions with citizens. b. Capture digital audio-video evidence for criminal, civil and traffic-related court cases. c. Assist officers with recalling factors or other details captured by the equipment that will help them accurately articulate a chain of events when writing reports. d. Be used as a training tool for officer safety and best practices in the Roseville Police Department. e. To enhance officer and public safety.
IV. Definitions Definitions related to this policy include: a. Portable recording system: A device worn by a peace officer that is capable of both video and audio recording of the officer's activities and interactions with others or collecting digital multimedia evidence as part of an investigation (Minn. Stat. § 13.825, Subd. 1).
437 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
b. Portable recording system data: Audio or video data collected by a portable recording system (Minn. Stat. § 13.825, Subd. 1). c. Substantial bodily harm: Defined by Minn. Stat. § 609.02, Subd. 7a, as bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. d. Redact: Blur video or distort audio so that the identity of the subject in a recording is obscured sufficiently to render the subject unidentifiable (Minn. Stat. § 13.825, Subd. 1). e. General citizen contact: An informal encounter with a citizen that is not and does not become law enforcement-related or adversarial and a recording of the event would not yield information relevant to an ongoing investigation. Examples include, but are not limited to, assisting a motorist with directions, community outreach events (COE’s), summoning a tow truck, or receiving generalized concerns from a citizen about crime trends in his or her neighborhood. f. Evidentiary value: Information that may be useful as proof in a criminal prosecution, civil or administrative proceeding, further investigation of an actual or suspected criminal act, or in considering an allegation against a law enforcement agency or officer. g. Adversarial: An encounter with a person that becomes confrontational and during which at least one person expresses anger, resentment, or hostility toward the other, or at least one person directs toward the other verbal conduct consisting of arguing, threatening, challenging, swearing, yelling, or shouting. Encounters in which a citizen demands to be recorded or initiates recording on his or her own are deemed adversarial.
V. Use and Documentation Officers who are issued a PRS will wear and activate the PRS consistent with this policy. a. Officers may only use department-issued PRS in the performance of official duties for this agency or when otherwise performing authorized law enforcement services as an employee of this department (Minn. Stat. § 13.82, Subd. 6). b. All officers who are issued a PRS must receive training in the use of the PRS by an authorized representative. Only those officers that have been issued a PRS and have received the department authorized training may operate a PRS. All employees who use the PRS systems shall receive training on these systems and this policy. c. All officers issued a PRS are required to wear and use their PRS while working in any uniformed assignment. This applies to overtime assignments and uniformed off-duty employment in the City of Roseville. d. Officers assigned to a plain clothes assignment, investigative assignment, or undercover assignment, shall not be required to wear a PRS during their day-to-day work unless working in a uniformed call response capacity or as otherwise directed by a supervisor. Plain clothes or undercover officers must use a PRS when wearing the uniform, raid gear, or temporary tactical gear. e. The Chief may designate certain functions as exempt from PRS deployment (e.g. funeral or ceremony).
438 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
f. Officers should wear their PRS at the location on their body and in the manner specified in training. g. Officers shall conduct a function test of their issued PRS at the beginning of their shift to make sure the devices are operating properly. Officers noting a malfunction during testing or any other time shall promptly report the malfunction to the on-duty supervisor and shall complete an Equipment Service Request. A replacement PRS should be used, if available. Officers shall not attempt maintenance or repair of any component of the PRS. h. Officers must document their use and non-use of the PRS as follows: i. Whenever an officer makes a recording, the existence of the recording shall be documented in the incident report. If no incident report exists, then the existence of the recording will be documented through the classification process. ii. If there is a failure to record an activity that is required to be recorded under this policy or only captures a part of the activity, the officer must document the circumstances and reasons for not recording in an incident report or CAD record. i. The PRS recording is not a replacement for an officer’s written report. j. Officers failing to adhere to this policy or applicable laws regarding the use of a PRS and any associated data, including but not limited to restrictions regarding accessing such data, are subject to discipline, up to and including termination. k. The department will maintain the following records and documents relating to PRS use, which are classified as public data (Minn. Stat. § 13.825, Subd. 5): i. The total number of PRSs owned or maintained by the agency. ii. A daily record of the total number of PRS actually deployed and used by officers. iii. The total amount of recorded PRS data collected and maintained. iv. This policy and the records retention schedule. l. No department employee will take any actions intended to damage or render any part of the PRS inoperable, overwrite recorded data, or defeat the intended use of the PRS. m. Officers are prohibited from using personal video recording equipment in lieu of their department issued PRS while on-duty. However, the department recognizes that, in rare or unforeseen situations, it may be necessary for officers to use their personal video recording equipment to record or collect evidence. In such events, the video must be uploaded and placed into evidence in accordance with department policy and procedure. All evidence on personal recording devices shall be deleted after it is uploaded and placed into evidence.
VI. General Guidelines for Recording This policy is not intended to describe every possible situation in which the PRS should be used. Officers should activate the recorder any time they believe it would be appropriate or valuable to record an incident. a. At no time is an officer expected to jeopardize his or her safety in order to activate the PRS. Officer safety and public safety take precedence over recording events. Officer
439 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
safety and the safety of the public shall be the primary considerations when contacting citizens or conducting vehicle stops, not the ability to record an event. Officers need not activate their cameras when it would be unsafe, impossible, or impractical to do so. However, the PRS should be activated as soon as practical. In such instances of not recording when otherwise required, it must be documented as specified in the Use and Documentation guidelines (section IV). b. Officers shall activate their PRS when responding to all calls for service and during all law enforcement-related encounters and activities, including but not limited to pursuits, Terry stops of motorists and pedestrians, traffic stops, arrests, searches, suspect interviews and interrogations, and during any police/citizen contacts that become adversarial. c. Officers should activate their PRS prior to any use of force. If a PRS is not activated prior to a use of force, it should be activated as soon as safe to do so. d. Officers shall activate their PRS when directed to do so by a supervisor. e. Officers should use their PRS to record the transportation and the physical transfer of persons in their custody to hospitals, detox, mental health care facilities, juvenile detention centers, court of laws and jails, but should not otherwise record in these facilities unless the officer anticipates witnessing a criminal event or being involved in or witnessing an adversarial encounter or use of force incident. f. All strip searches shall be recorded by at least one person present during the entirety of the strip search, including all pre-search instructions provided to the person being searched. The camera shall be positioned to assure that audio data is collected, but the person being searched is not captured on video. g. Except as otherwise directed, officers have discretion to record or not record incidental general citizen contacts that do not become law enforcement-related or adversarial, and when a recording of the event would not yield information relevant to an ongoing investigation. Examples include, but are not limited to, assisting a motorist with directions, summoning a tow truck, or receiving general concerns from a citizen about crime trends in their neighborhood. h. Officers need not record persons being provided medical care unless there is reason to believe that the recording would document information having evidentiary value. When responding to an apparent mental health crisis or event, PRSs should be activated as necessary to document any use of force and the basis for it, and any other information having evidentiary value, but need not be activated when doing so would serve only to record symptoms of behaviors believed to be attributable to the mental health issues. i. Officers have no affirmative duty to inform people that a PRS is being operated or that the individuals are being recorded. Officers may elect to notify people they encounter that a PRS is being operated if they feel that doing so may de-escalate an encounter. If asked, officers are required to provide a factual response about recording. j. When taking a formal statement from a victim or witness, an officer should make an attempt to notify a victim or witness on the use of the PRS, unless they believe that it would distract from the investigation.
440 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
k. Officers shall not intentionally block the PRS audio or visual recording functionality to defeat the purposes of this policy. l. Notwithstanding any other provision in this policy, officers shall not use their PRS to record other agency personnel during non-enforcement related activities, such as during pre- and post-shift time in locker rooms, during meal breaks, or during other private conversations. The Chief may authorize the use of PRS’s as part of an administrative or internal criminal investigation. m. There shall be no recordings made in any court of law, unless authorized by a judge (Minn. Court Rule 4). This does not preclude an officer responding to an incident at the courthouse from recording as required by policy.
VII. Cessation of Recording Once activated, the PRS should continue recording until the conclusion of the incident or until it becomes readily apparent that additional recording is unlikely to capture information having any evidentiary value. A sergeant, supervisor, or detective in charge of a scene can likewise direct the discontinuance of recording when further recording is unlikely to capture additional information having evidentiary value. Officers shall state the reasons for ceasing the recording on camera before deactivating their PRS. If circumstances change, officers shall reactivate their cameras as required by this policy. Officers may cease recording under the following situations: a. To protect the identity of an officer in an undercover capacity. b. To protect the identity of an informant. c. If a request is made for a PRS to be turned off by a party being contacted. The officer should take into account the overall circumstances and what is most beneficial to all involved, before deciding to honor the request. For example, an officer may choose to turn off the PRS if its operation is inhibiting a victim or witness from giving a statement. Factors to consider may include the type of call and the vulnerability of the victim, such as the victim of a sexual assault. d. Audio on a recording may be temporarily ceased to exchange information with other officers. The reason to cease audio recording will be noted by the officer verbally on the PRS or in a written report. e. When a supervisor has determined in advance the video or audio data could result in the disclosure of operational or tactical information which would compromise the effectiveness of future actions or jeopardize officer safety if released. f. When it reasonably appears to the officer that an individual’s privacy outweighs any legitimate law enforcement interest in recording. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. g. When recording is prohibited by a detention facility, detox, or medical facility. h. At search warrant scenes, the PRS may be deactivated once the entry is complete and the scene is safe. This deactivation would only occur after suspects are arrested and removed from the warrant location. If removing all other occupants is not possible or
441 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
reasonable, at a minimum the cover officer(s) will have their PRS activated.
VIII. Downloading and Labeling Data a. Each officer using a PRS is responsible for transferring or ensuring the proper transfer of the data from his or her camera to the designated data storage location by the end of that officer’s shift. If there is an unforeseen issue in transferring, a supervisor should be notified. b. If an officer is involved in a shooting, in-custody death, or other law enforcement activity resulting in death or great bodily harm, a supervisor or detective shall take custody of the officer’s PRS and assume responsibility for transferring the data from it. If an investigating agency requests to take control of the PRS, the data must first be transferred to the department’s servers and the Chief or designee must authorize the transfer of the PRS to the outside agency. c. Officers should classify the PRS data files at the time of video capture or after the video has been uploaded to the server.
IX. Access to PRS Data a. It is not the intent of the department to review digital evidence for the purpose of general performance review, for routine preparations of performance reports, or to discover policy violations. b. Access to PRS data shall be limited to the employee who captures the video, supervisory personnel, and those detectives, officers, or support staff who are participating in an official department investigation. c. Officers may access and view stored PRS data of incidents in which they have been directly involved. Officers can view saved data to: i. Refresh memories of events and statements prior to completing reports or making statements ii. Ensure the system is operating properly and/or iii. Self-Critique. d. Officers may display portions of the PRS footage to witnesses for purposes of investigation as allowed by Minn. Stat. § 13.82, Subd. 15. Officers should generally limit these displays in order to protect against the incidental disclosure of individuals whose identities are not public. e. PRS data may be shared with other law enforcement agencies only for legitimate law enforcement purposes. It shall be made available to prosecutors, courts, and other criminal justice entities as provided by law (Minn. Stat. § 13.825, Subd 8). f. No employee may access the department’s PRS data except for legitimate law enforcement or data administration purposes. g. The department shall restrict PRS data in compliance with state law and this policy by the following: i. Access will be restricted according to an authorized employee’s access credentials. ii. All audio and video data access is password protected.
442 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
iii. The department will maintain an electronic notation of the date, time, classification, and person with regard to each access to data (Minn. Stat. § 13.825, Subd. 9). All employees who access PRS data outside of policy requirements and standard operating procedures will be required to document the reason for their access according to system capabilities. h. Agency personnel are prohibited from accessing PRS data for non-business reasons and from sharing the data for non-law enforcement related purposes, including uploading PRS data recorded or maintained by this agency to public and social media websites. i. Employees seeking access to PRS data for non-business reasons may make a request for it in the same manner as any member of the public. j. Personally owned devices, including but not limited to computers and mobile devices, shall not be programmed or used to access or view agency PRS data. k. Officers shall not intentionally edit, alter or erase any PRS recording unless otherwise expressly authorized by the Chief or designee.
X. Agency Use of Data a. At least once per month, supervisors will randomly review PRS usage by each officer to ensure compliance with this policy (Minn. Stat. § 626.8473, Subd 3). b. Supervisors and other assigned personnel may access PRS data for the purposes of reviewing or investigating a specific incident that has given rise to a complaint or concern about officer misconduct or performance. c. Officers should contact their supervisors to discuss retaining and using PRS footage for training purposes. Officer objections need to be submitted to the Chief to determine if the value of training outweighs the officer’s objection to releasing the video. d. Field Training Officers may utilize PRS data with trainees for the purpose of providing coaching and feedback on the trainee’s performance. e. PRS data may be viewed for administrative purposes including, but not limited to: i. Any incident where a member of the department is injured or killed during the performance of their duties. ii. Any incident involving the use of force by a member of the department so the supervisor can validate the force used was within policy. iii. Any in-custody death. iv. Any police pursuit. v. When any member of the department intentionally or unintentionally discharges a firearm at a person regardless of whether an individual is struck. vi. Officer involved traffic collision. vii. Prior to release of a recording in response to proper legal request (e.g., subpoena or other court order). viii. In preparation for a civil deposition or responding to an interrogatory where the incident arises from the employee’s official duties. ix. When preparing to testify in a criminal, civil or administrative proceeding arising from the employee’s official duties.
443 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
x. For investigations undertaken by the department, for the purpose of proving or disproving specific allegations of misconduct. For administrative proceedings, when digital evidence is used by the department for the purpose of proving or disproving allegations of misconduct, only digital evidence relevant to the investigative scope shall be viewed and retained by investigators. Information relevant to the recordings viewed and seized as evidence by investigators shall be documented as part of the chronological summary of any investigation undertaken by the department. f. Supervisors reviewing event recording should remain focused on the incident or incidents in question and review only those recordings relevant to their investigative scope. If improper conduct is discovered during any review of digital evidence, the Supervisor may take the necessary steps to counsel or initiate an internal affairs investigation in adherence with department policy.
XI. Administering Access to PRS Data a. Data subjects: Under Minnesota law (Minn. Stat. § 13.825, Subd 4), the following are considered data subjects for purposes of administering access to PRS data: i. Any person or entity whose image or voice is documented in the data. ii. The officer who collected the data. iii. Any other officer whose voice or image is documented in the data, regardless of whether that officer is or can be identified by the recording. b. PRS data is presumptively private. PRS recordings are classified as private data about the data subjects unless there is a specific law that provides differently (Minn. Stat. § 13.825, Subd 2). As a result: i. PRS data pertaining to people is presumed private, as is PRS data pertaining to businesses or other entities. ii. Some PRS data is classified as confidential (see item c below). iii. Some PRS data is classified as public (see item d below). c. Confidential data: PRS data that is collected or created as part of an active criminal investigation is confidential. This classification takes precedence over the “private” classification listed above and the “public” classification listed below (Minn. Stat. § 13.82, Subd 7). d. Public Data: The following PRS data is public (Minn. Stat. § 13.825, Subd. 2): i. Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous. ii. Data that documents the use of force by a peace officer that results in substantial bodily harm. iii. Data that a data subject requests to be made accessible to the public, subject to redaction. Data on any data subject (other than a peace officer) who has not consented to the public release must be redacted if practicable. In addition, any data on undercover officers must be redacted.
444 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
iv. Data that documents the final disposition of a disciplinary action against a public employee. e. Access to PRS data by non-employees: Officers shall refer members of the media or public seeking access to PRS data to the Deputy Chief, who shall process the request in accordance with the MGDPA and other governing laws. In particular: i. An individual shall be allowed to review recorded PRS data about him or herself and other data subjects in the recording, but access shall not be granted: 1. If the data was collected or created as part of an active investigation. 2. To portions of the data that the agency would otherwise be prohibited by law from disclosing to the person seeking access, such as portions that would reveal identities protected by Minn. Stat. § 13.82, Subd. 17. ii. Unless the data is part of an active investigation, an individual data subject shall be provided with a copy of the recording upon request, but subject to the following guidelines on redaction (Minn. Stat. § 13.825, Subd. 4): 1. Data on other individuals in the recording who do not consent to the release must be redacted. 2. Data that would identity undercover officers must be redacted. 3. Data on other officers who are not undercover, and who are on-duty and engaged in the performance of official duties, may not be redacted. iii. With the approval of the Chief of Police, the department may make any data classified as confidential or protected nonpublic pursuant to Minn. Stat. § 13.82 Subd. 7 accessible to any person, agency or the public if the department determines that the access will aid the law enforcement process, promote public safety, or dispel widespread rumor or unrest, consistent with Minn. Stat. § 13.82 Subd. 15.
XII. Copying of Recorded Data a. Much of the data saved on the server will not be needed for long term retention and will be automatically purged after a minimal time period or when a determination is made that the data no longer needs to be retained. See Section XIII for retention schedules. b. Other recorded data will require long term retention and/or transfer to another type of media. Copies of recorded data may be made for the following reasons: i. For use as evidence in court. ii. For review by prosecuting or defense attorneys. iii. For use in investigating complaints against officers. iv. To assist officers and investigators in an investigation. v. For officer review prior to a court appearance. vi. For long term records archiving. vii. For use as authorized training material. viii. As part of a data request. ix. Other uses as approved the Chief of Police.
445 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
c. The duplication of recorded data from the server to other media is the responsibility of a person(s) designated by the Chief of Police and trained in the operation of the server and duplicating equipment. Requests for duplicate recorded data should be made in writing a minimum of two days prior to need and submitted to the person(s) designated by the Chief of Police to duplicate data. The data request should include: i. Case number. ii. Data and time of incident. iii. Name and badge number of officer making the original recording. iv. Reason for the copy. After use, all duplicates shall be returned to the Property Room Manager. d. The copying of all data will be for official business only and subject to Minnesota Data Practices laws. Exceptions shall be approved by the Chief of Police. Data recorded by the PRS and stored on any media is classified as official government data and subject to Minnesota Data Practices. e. All PRS data shall be retained for a minimum period of 90 days. There are no exceptions for erroneously recorded or non-evidentiary data (Minn. Stat. § 13.825, Subd. 3). f. Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick or injured must be maintained for a minimum period of one year. g. Certain kinds of PRS data must be retained for six years: i. Data that documents the use of deadly force by a peace officer. ii. Data documenting circumstances that have given rise to a formal complaint against an officer. h. PRS data that is classified as non-evidentiary, becomes classified as non-evidentiary, or is not maintained for training shall be destroyed after 90 days. i. Upon written request by a PRS data subject, the agency shall retain a recording pertaining to that subject for an additional time period requested by the subject of up to 180 days. The agency will notify the requester at the time of the request that the data will then be destroyed unless a new written request is received (Minn. Stat. § 13.825, Subd. 3). j. The department will post this policy and the records retention schedule on its website (Minn. Stat. § 626.8473, Subd. 3). k. The copying, viewing and distribution of any recorded data for any use not approved by the Chief of Police is prohibited. l. An independent, biennial audit will be conducted of the PRS data to determine if the data is appropriately classified, how the data is used, and whether the data is destroyed per Minn. Stat. § 13.82. The results of the audit are public information and will be reported to the Roseville City Council and the Legislative Commission on Data Practices and Personal Data Privacy no later than 60 days following the completion of the audit (Minn. Stat. § 13.825 Subd. 9).
XIII. Data Retention The PRS data retention periods ensure that data is retained according to the guidelines set
446 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
forth in Minnesota Statutes and Ramsey County evidence retention guidelines. Below is a list of PRS classifications, including definitions and retention periods. a. Assist outside agency: Footage captured while assisting other agency that may contain evidence (120 days). b. Arrest: Custodial arrest with no documented use of force (2 years). c. Use of Force: Any documented use of force (6 years). d. Response: Response to CFS that does not result in any other classification (90 days). e. Interview/Investigate: Interview or incident captured on PRS that does not result in any classification (90 days). f. Test/Accidental: System check at beginning of duty tour/accidental activation (90 days). g. Traffic: All traffic stops (cite or warn), unless it is a custodial arrest or force is used. (1 year). h. Training: Event that could assist in department training (manual retention and subject to approval by Chief of Police). i. Data subject request: Data requested to be held by subject of data (180 days). j. Formal Complaint: Data related to a formal complaint (6 years). k. Discharge Firearm: Discharge of firearm per Minn. Stat. § 626.553, Subd. 2 and not documented as a use of force (1 year).
Date: 1/1/2019
Approved by Chief Rick Mathwig
447 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 607 Tire Deflation Devices
I. Purpose and Scope This policy establishes procedures and guidelines on the use of tire deflation devices to prevent movement of a vehicle. The use of tire deflation devices in an attempt to stop a fleeing motor vehicle are outlined in Policy 309 (Vehicle Pursuits).
II. Policy The Roseville Police Department is committed to the use of tactics that have a reduced chance of injuring persons while achieving a desired law enforcement result. Due to the inherent risks of vehicle pursuits, officers may deploy tire deflation devices during operations where potential for subject flight is anticipated.
III. Use Consideration a. Tire deflation devices may be used proactively to prevent an individual from fleeing a scene in a vehicle. Operations where potential for subject flight is anticipated include: i. Warrant service ii. SWAT situations iii. Stationary stolen or wanted vehicles iv. Traffic stops involving impaired drivers b. Only department issued tire deflation devices will be utilized. c. Tire deflation devices must be used in accordance with the manufacturer’s instructions and department training. d. When feasible, the use of tire deflation devices should be authorized by a supervisor. e. Tire deflation devices will not be deployed on two or three wheeled vehicles.
IV. Reporting of Tire Deflation Device Use When a tire deflation device is successfully used, officers will document the use in the incident report. A supervisor will review all related reports when a tire deflation device has been deployed.
Date: 1/1/2019
Approved by Chief Rick Mathwig
448 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
Policy 608 Administration of Opioid Overdose Medication
I. Purpose and Scope This policy provides guidelines for the administration of intranasal opioid antagonist in emergency situations where opioid overdose is suspected.
II. Policy The Roseville Police Department will provide assistance and render aid to any individual who may be suffering from an opioid overdose. Officers trained in accordance with this policy should make reasonable effort to use Naloxone to revive victims of any apparent drug overdose.
III. Definitions a. Opiod: Substance occurring naturally in the body, those derived from the poppy plant and those synthesized to have similar effects to opium (the dried extract of the poppy plant), that work on the nervous system and are used medically to treat pain. These include but are not limited to the following: Morphine, heroin, Hydromorphone (e.g. Dilaudid®), Hydrocodone, Oxycodone, and Oxymorphone. b. Opioid Antogonist: A synthetic drug that blocks opiate receptors in the nervous system. c. Drug Intoxication: Impaired mental or physical functioning resulting from the use of physiological and/or psychoactive substances; i.e. euphoria, dysphoria, apathy, sedation, attention impairment. d. Naloxone: An opioid receptor antagonist and antidote for opioid overdose which is produced in intramuscular, intranasal, or intravenous forms. e. Heroin: A highly addictive analgesic drug derived from morphine, often used illicitly as a narcotic to produce euphoria. f. Opioid Overdose: An acute condition due to excessive use of narcotics, indicated by symptoms including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined, or that a layperson would reasonably believe to be caused by an opioid-related drug overdose that requires medical assistance.
IV. Signs of Overdose A person who has overdosed may: a. Be breathing very slowly or not breathing. b. Have blue or purplish lips or fingernails. c. Be limp. d. Have pinpoint pupils. e. Be vomiting or gurgling. f. Not wake up or respond.
449 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
V. Administration of Opioid Overdose Medication Only officers who received training in the recognition of signs of opioid overdose and the use of opioid antagonists may administer opioid overdose medication. Officers may administer opioid overdose medication in accordance with protocol specified by the physician who prescribed the overdose medication for use by the officer (Minn. Stat. §151.37; Minn. Stat. §604A.04).
VI. Opioid Overdose Medicine Responsibilities Officers who are qualified to administer opioid overdose medication, such as Naloxone, should handle, store, and administer the medication consistent with their training. Officers should check the medication and associated administration equipment at the beginning of their shift to ensure they are serviceable and not expired. Any expired medication or unserviceable administration equipment should be removed from service and given to the Operations Lieutenant. Missing, damaged, and expired kits will be reported to the officer’s immediate supervisor as soon as the discrepancy is noted. Replacement kits will be provided to officers by the Operations Lieutenant.
VII. Opioid Overdose Medicine Reporting Any officer administering opioid overdose medication shall detail its use in an appropriate report.
VIII. Opioid Overdose Medicine Training The Deputy Chief shall ensure training is provided to officers authorized to administer opioid overdose medication (Minn. Stat. §151.37).
Date: 1/1/2019
Approved by Chief Rick Mathwig
450 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
ALPHABETICAL INDEX
Fuel · 356 A
Animal · 295, 296, 360 G Appearance · 88 Awards · 75, 76, 77 Grievance · 71
B H
Bank Alarm · 212 Handcuffing · 133, 203, 246 Benefits · 49, 96 Hazardous Material · 264 Bias · 354 Honor Guard · 419, 420, 421 Bomb · 163, 262, 263 Breaks · 113, 189 I
C Informants · 307, 308, 309 Injuries · 95, 97, 115, 162 Canines · 159, 160, 162 CJDN · 46, 380, 387, 388, 389, 391 Compensation · 49, 95, 96, 97, 98, 99, 405, 406 J Complaints · 62, 63, 64, 66, 70, 73, 74, 177, 284, 295, 333 Conduct · 7, 10, 16, 18, 19, 20, 21, 72, 93, 249, 267, 302, Job Descriptions · 47, 48 315, 326, 354, 409 Jurisdiction · 23, 24, 147, 183 Custodial Searches · 204 Juveniles · 198, 199, 202, 203, 223, 308, 319, 320, 321, 390
D L
Death Investigations · 340 Lactation · 114 Detention · 195, 251, 270, 321, 327 Limited English · 288 Domestic Abuse · 239, 240, 241, 248, 249, 252 M E Meals · 113, 406 Emergency Management · 43, 59, 185, 349 Media · 149, 177, 256, 268, 272, 347, 394, 395, 396, 397 Evaluations · 410, 414, 415, 416, 417 Missing Persons · 341, 344, 351 Evidence · 127, 142, 162, 187, 214, 217, 219, 245, 247, Motorist Assists · 238 250, 308, 317, 318, 332, 343, 362, 363, 367, 372 Mutual Aid · 37, 183, 269, 270
F N
Firearms · 106, 107, 154, 157, 171, 219, 220, 275, 312, 366, Nepotism · 121 369, 372 Fitness · 78, 79, 95 Forfeiture · 32, 284, 289, 369, 371
451 | Page Service ◊ Integrity ◊ Respect ◊ Innovation ROSEVILLE POLICE DEPARTMENT – POLICY & PROCEDURES MANUAL
O S
Oath · 7, 8, 284 Seizure · 173, 248, 369, 370, 371 Opioid · 449, 450 Sick · 111, 190, 193, 405 Outside Employment · 91, 92, 94 Smoking · 82 Social Networking · 108 P T Persons in Crisis · 124, 276 POST · 15, 16, 23, 26, 62, 120, 130, 136, 139, 143, 147, Tobacco · 82 148, 171, 402, 404, 405, 406, 407, 408, 409 Towing · 236, 372 Prisoner · 188, 189, 190, 191, 192, 272 Training · 16, 23, 31, 59, 62, 122, 126, 130, 136, 138, 143, Promotions · 411, 416 156, 163, 164, 171, 179, 181, 261, 273, 275, 277, 318, Public Information · 34, 177, 255, 256, 335, 394 360, 387, 400, 402, 404, 405, 406, 407, 408, 409, 410, Pursuits · 60, 165, 166, 169, 360, 448 415, 416, 429, 434, 443, 447, 450 Transgender · 286 R U Records · 9, 46, 70, 242, 331, 347, 349, 355, 367, 375, 377, 379, 380, 382, 383, 385, 386, 390, 391, 392, 407, 408, Uniform · 85, 86, 87, 355, 360, 362, 367, 380, 420, 421 417, 431 Use of Force · 24, 32, 107, 123, 125, 127, 129, 131, 133, Reserves · 359, 361 136, 138, 139, 142, 144, 145, 157, 170, 360, 434, 447 Restraints · 133, 134, 137, 192, 203 Ride Along · 104, 105
452 | Page Service ◊ Integrity ◊ Respect ◊ Innovation