TABLE of CONTENTS CHAPTER 1 LAW ENFORCEMENT ROLE AND AUTHORITY 1.1 Law Enforcement Agency Role 1.2 Limits of Authority 1.3 Use of Force 1.4 Less-Lethal Weapons
CHAPTER 2 AGENCY JURISDICTION AND MUTUAL AID 2.1 Agency Jurisdiction and Mutual Aid
CHAPTER 11 ORGANIZATION, MANAGEMENT, AND ADMINISTRATION
ORGANIZATION 11.1 Organizational Structure 11.2 Unity of Command 11.3 Span of Control 11.4 Authority and Responsibility
CHAPTER 12 DIRECTION 12.1 Direction 12.2 Written Directives
CHAPTER 13 GENERAL MANAGEMENT 13.1 General Management 13.2 Goals and Objectives
CHAPTER 14 PLANNING AND RESEARCH 14.1 Administration
CHAPTER 15 CRIME ANALYSIS 15.1 Crime Analysis
CHAPTER 16 ALLOCATION AND DISTRIBUTION OF PERSONNEL
AND PERSONNEL ALTERNATIVES 16.1 Allocation and Distribution of Personnel 16.2 Specialized Assignment 16.4 Auxiliaries 16.5 Civilians
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CHAPTER 21 CLASSIFICATION AND DELINEATION OF DUTIES AND RESPONSIBILITIES 21.1 Task Analysis 21.2 Classification
CHAPTER 22 COMPENSATION, BENEFITS, AND CONDITIONS OF WORK 22.1 Compensation 22.2 Benefits 22.3 Conditions of Work
CHAPTER 24 COLLECTIVE BARGAINING 24.1 Collective Bargaining and Contract Management
CHAPTER 25 GRIEVANCE PROCEDURES 25.1 Grievance Procedures
CHAPTER 26 DISCIPLINARY PROCEDURES 26.1 Disciplinary Procedures
CHAPTER 31 RECRUITMENT 31.1 Administrative Practices and Procedures 31.2 Affirmative Action and Equal Employment Opportunity 31.3 Job Announcements and Publicity
CHAPTER 32 SELECTION 32.1 Professional and Legal Requirements 32.2 Administrative Practices and Procedures
CHAPTER 33 TRAINING AND CAREER DEVELOPMENT 33.1 Administration 33.2 Academy 33.3 Training Instructors 33.4 Recruit Training 33.5 In-service, Roll-Call, and Advanced Training 33.6 Specialized In-service Training 33.7 Civilian Training 33.8 Career Development
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CHAPTER 34 PROMOTION 34.1 Professional and Legal Requirements
CHAPTER 35 PERFORMANCE EVALUATION 35.1 Administration
CHAPTER 41 PATROL 41.1 Administration 41.2 Operations 41.3 Equipment 41.4 Stop Sticks 41.9 Joint Operation Procedures for Public Safety Departments
CHAPTER 44 JUVENILE OPERATIONS 44.1 Administration 44.2 Operations
CHAPTER 45 CRIME PREVENTION AND COMMUNITY RELATIONS 45.1 Crime Prevention 45.2 Community Relations
CHAPTER 46 UNUSUAL OCCURRENCES AND SPECIAL OPERATIONS 46.1 Active Shooter 46.2 Tactical Operations
CHAPTER 51 CRIMINAL INTELLIGENCE 51.1 Administration
CHAPTER 52 INTERNAL AFFAIRS 52.1 Administration and Operations
CHAPTER 53 INSPECTIONAL SERVICES 53.1 Line Inspections 53.2 Staff Inspections
CHAPTER 54 PUBLIC INFORMATION 54.1 Public Information
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CHAPTER 55 VICTIM/WITNESS ASSISTANCE 55.1 Administration 55.2 Operations 55.3 Domestic/Officer Involved Domestic Violence
CHAPTER 61 TRAFFIC 61.1 Traffic Enforcement 61.2 Traffic Crash Investigation 61.3 Traffic Direction and Control 61.4 Ancillary Services
CHAPTER 71 PRISONER TRANSPORTATION 71.1 Transport Operations 71.2 Restraining Devices 71.3 Special Transport Situations 71.4 Transport Equipment 71.5 Documentation 71.9 Infectious Disease Prevention/Bloodborne Pathogen
Exposure Control Plan
CHAPTER 72 HOLDING FACILITY 72.1 Administration and Management 72.2 Physical Plant 72.3 Safety and Sanitation 72.4 Security and Control 72.5 Detainee Processing 72.6 Medical and Health Care Services 72.7 Detainee Rights 72.8 Supervision of Detainees 72.9 Temporary Detention
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CHAPTER 74 LEGAL PROCESS 74.1 Records 74.2 Civil Process 74.3 Criminal Process 74.4 Property
CHAPTER 82 RECORDS 82.1 Administration 82.2 Field Reporting and Management 82.3 Records
CHAPTER 83 COLLECTION AND PRESERVATION OF EVIDENCE 83.1 Administration 83.2 Operations 83.3 Evidence Handling
APPENDICIES
I. Maryland Law Enforcement Officers Bill of Rights
II. UFCW Local 1994 MCGEO 2007-2010
III. Title 12 MPCTC General Regulations
IV. Local 553 Contract July 1, 2006 – June 30, 2009
V. Property & Evidence Manual
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CUMBERLAND POLICE DEPARTMENT General Order #1 Subject: Law Enforcement Role and Authority Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
1.1.1 Oath of Office 1.1.2 Code of Ethics 1.2.1 Legally Mandated Authority 1.2.2 Constitutional Rights - Compliance 1.2.3 Search and Seizure without Warrant 1.2.4 Procedures for Arrest without Warrant 1.2.5 Eyewitness Identification 1.2.6 Alternatives to Arrest / Confinement and Pretrial Release 1.2.7 Use of Discretion 1.3.1 Degree of Force 1.3.2 Deadly Force 1.3.3 “Warning” Shots 1.3.4 Nonlethal Weapons 1.3.5 Medical Aid 1.3.6 Use of Force / Discharge of Firearms Reports 1.3.7 Review of Use of Force / Discharge of Weapons Incidents 1.3.8 Officer Removal Pending Review 1.3.9 Authorized Weapons and Ammunition 1.3.10 Firearm Proficiency 1.3.11 Firearm Qualifications 1.3.12 Issuing Use of Force Directives 1.3.13 Annual Analysis Reports 1.4.1 Taser Policy 1.4.2 Less Lethal Launcher Policy
1.1 LAW ENFORCEMENT AGENCY ROLE
1.1.1 OATH OF OFFICE
A. Upon becoming a sworn member of the Cumberland Police Department, each person so appointed shall subscribe to the following oath of office:
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I do hereby solemnly promise and swear that I will support the Laws and Constitution of the United States of America, of the State of Maryland, and of the City of Cumberland; That I will faithfully perform my duties as a Police Officer of the City of Cumberland at all times courageously and diligently and to the best of my ability; That I will obey any lawful Summons or Command given me by a superior officer and also ever accord to them proper dignity and respect; That I will at no time divulge to anyone except to a fellow officer or authority proper to receive it, any information of a secret nature or otherwise which I may learn or which may be imparted to me relative to police work, the police department, or members of the police force.
And I do further hereby solemnly promise and declare that I will remain steadfast in this, my obligation as a police officer of the City of Cumberland, so do I declare.
B. A written oath of office shall be notarized and kept on file with the City Clerk and a copy shall be placed in the member's personnel file.
1.1.2 CODE OF ETHICS
A. The officers within the Cumberland Police Department shall be guided by the principles contained in the Code of Ethics of the International Association of Chiefs of Police.
B. Each member of the agency will be issued a copy of the International Association of Chiefs of Police Code of Ethics.
I.A.C.P. LAW ENFORCEMENT CODE OF ETHICS
As a law enforcement officer, my fundamental duty is 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 Constitutional 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 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 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 or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.
I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve
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these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement.
1.2 LIMITS OF AUTHORITY
1.2.1 LEGALLY MANDATED AUTHORITY
A. The Cumberland Police Department shall preserve the peace, protect persons and property, and obey and enforce all ordinances of the legislative authority of the City of Cumberland, all criminal and motor vehicle laws of the State of Maryland and of the United States.
1. The authority for the Cumberland Police Department is granted by Section 37 of the Cumberland Charter.
2. The Cumberland Police Department is established by the Charter of the City of Cumberland, Section 37.
B. The Cumberland Police Department shall perform any other duties that are provided by ordinance.
1.2.2 CONSTITUTIONAL RIGHTS - COMPLIANCE
A. The agency will assure compliance with constitutional requirements during criminal investigations by adhering to the following procedures.
1. “The defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than twenty-four (24) hours after arrest or, if the warrant so specifies, before a judicial officer of the circuit court without unnecessary delay and in no event later than the next session of court after the date of arrest.” (Maryland District Rules 4-212 (e), (f)(1))
2. The question of coercion or the involuntary nature of confessions and admissions will be addressed by requiring a suspect to sign a waiver before making a statement, indicating that the confession is completely voluntary.
a. If the suspect wishes to make a statement but refuses to sign a waiver of his Constitutional Rights, a witness shall sign the waiver along with the investigating officer and notation shall be made as to the reason(s) for refusal.
b. If the suspect wishes to make a statement, the suspect must be advised of his right to be taken promptly before a judicial officer. If the suspect gives a written statement, a Waiver of Prompt Presentment must be signed in order to satisfy the requirements of Rule 4-212(e) or (f)(1) of the Maryland District Rules.
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3. There shall be documentation that defendants have been informed of their rights, by indicating this fact on the rights waiver, which shall be read to the defendant. (See 1.2.2 (A)(1))
4. Defendants shall not be deprived of counsel and, although the agency does not normally have a public defender at its immediate disposal, if a suspect is informed of his/her right to counsel and cannot afford a lawyer, the agency will work in cooperation with the State’s Attorney’s Office to provide counsel for the accused.
a. Suspects will be afforded confidential access to attorneys as set forth in Standard 72.7.1.
b. Suspects will be afforded confidential access to a telephone as set forth in Standard 72.7.1.
5. The agency will avoid pretrial publicity which would tend to prejudice a fair trial, balancing the rights of the accused with the public's right-to-know.
a. If there is any doubt as to the content of investigations which may be released, the Deputy Chief shall be contacted.
b. Normally, the date and location of the offense and the name and address and nature of the charges against a formally charged suspect (except juveniles) may be released to the media.
c. Under no circumstances shall this agency release information to the media regarding the suspect's prior record (CJIS/NCIC policy); the motive for the crime (investigatory work product); details about evidentiary items (investigatory work product and/or trial preparation record); content of any statements made by the defendant, victim(s), or witness(es) (investigatory work product and/or trial preparation record); possible plea by the defendant (attorney/client privilege); or any reports or transcripts from which the press or public are excluded by judicial order.
B. The constitutional rights of all persons shall be protected to the extent allowed by law, including citizens under criminal investigation, employees involved in internal investigations (see 52.1.6), detainee's rights (see 72.7.1), and rights of those arrested without warrants (see 1.2.4).
C. Aliens and Requests for Asylum
I. PURPOSE: To establish guidelines when dealing with possible violations of immigration statutes; arrests of foreign nationals; and for properly responding to aliens’ requests for asylum.
II. POLICY: The Cumberland Police Department will make no attempt to enforce immigration laws. All such matters will be referred to the Immigration and Customs Enforcement Service (ICE). When an alien requests asylum, the Department will ensure his protection from coercion and will notify the appropriate federal agencies.
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Upon arrest of a foreign national, the Department will offer to contact the appropriate Consulate and, in those instances where required, the appropriate Consulate will be contacted regardless of the arrestee’s wishes.
III. DEFINITIONS:
ALIEN- Any person who is not a U.S. citizen (A.K.A. “foreign national”)
ASYLUM- Requesting protection or to remain in the US owing to persecution
CONSULAR OFFICER- A citizen of a foreign country employed by a foreign government and authorized to provide assistance on behalf of that government to that government’s citizens in a foreign country
IV. ALIENS:
1. In 1978 the U.S. Attorney General established a policy that the enforcement of immigration laws is the responsibility of the Immigration and Naturalization Service (now the Immigration and Customs Enforcement Service, or ICE for this order) and not state and local law enforcement entities.
2. Departmental members do not have the authority to detain a person solely for suspected or confirmed immigration violations. Specifically, federal guidelines for state and local law enforcement agencies dictate that persons may not be stopped, asked to produce a green card, questioned regarding their alien status, detained, arrested or have an “immigration hold” placed on them when not suspected of a crime, solely on the ground that they may be deportable aliens. Further, when an individual is arrested for a criminal violation, ICE is to be notified immediately if it is suspected that the person may be an undocumented alien, so that ICE may respond appropriately.
3. A person will not be held or detained any longer than is necessary to complete the normal processes in connection with a criminal charge or traffic violation for which the person was arrested. The time cannot be extended to allow ICE representatives enough time to respond.
4. Lawful permanent resident aliens, who have a resident alien registration card (INS Form 1-551 commonly referred to as a “green card”) retain their foreign nationality and must be considered “foreign nationals” for the purposes of consular notification.
V. DOCUMENTATION: Any employee receiving information regarding, or contacting, a deportable alien will document name, address, DOB, phone number, and any other pertinent information and forward it to the Immigration and Customs Enforcement Service in Baltimore, MD. Since employers may now face penalties for having undocumented aliens, information should include the alien’s Social Security number and name/place/phone of employment if available.
VI. NOTIFICATION OF ARREST OF ALIEN: 11
1. When arresting an alien for a criminal or traffic violation, alert the personnel at the Frederick County Detention Center of the detainee’s status, and notify the ICE Law Enforcement Support Center (LESC) via MILES (NLE/INS). Once the MILES message is sent, The LESC can be called at 802/872-6020 if no teletype response is received in a reasonable period of time.
2. ICE does not respond in person to every call. They evaluate on a case-by-case basis, however, they will return any phone calls made to their office.
VII. CONSULAR NOTIFICATION AND ACCESS:
1. U.S. law enforcement officers are obliged, under the Vienna Convention on Consular Relations, to notify any foreign national who is arrested of their Consular Notification and Access Rights. Failure to make such notification when required means that the United States is not meeting its international legal obligations and could undermine our efforts to communicate with and visit Americans arrested or detained abroad. These are mutual obligations that also pertain to American citizens abroad.
A. After determining the country of origin, Department personnel will, without delay, notify the foreign national of his rights to consular notification and if the foreign national desires notification, that country’s consular representatives should be notified of the arrest as soon as possible.
B. For many countries, notification is mandatory, whether the foreign national desires it or not. If the foreign national’s country is one of the following, inform them that notification will be made and then contact the appropriate consular office: Antigua and Barbuda, Armenia, Azerbaijan, The Bahamas, Barbados, Belarus, Belize, Brunei, Bulgaria, China, Costa Rica, Cyprus, Czech Republic, Dominica, Fiji, The Gambia, Georgia, Ghana, Grenada, Guyana, Hong Kong, Hungary, Jamaica, Kazakhstan, Kiribaati, Kuwait, Kyrgyzstan, Malaysia, Malta, Mauritius, Moldova, Mongolia, Nigeria, Philippines, Poland, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Slovakia, Tajikistan, Tanzania, Tonga, Trinidad and Tobago, Turkmenistan, Tuvalu, Ukraine, United Kingdom, U.S.S.R., Uzbekistan, Zambia, Zimbabwe. (Note - Although the former U.S.S.R., Yugoslavia, and Czechoslovakia no longer exist, some nationals of its successor states may still be traveling on its passports. The successor states are listed above.)
C. Consular officials are entitled access to their nationals in detention, and are entitled to provide consular assistance.
D. When a government official (i.e. a Department employee) becomes aware of the death of a foreign national, consular officials must be notified.
E. When a guardianship or trusteeship is being considered with respect to a foreign national who is a minor or incompetent, consular officials must be notified.
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F. When a foreign ship or aircraft wrecks or crashes, consular officials must be notified.
2. In all cases, an appropriate notation that Consular Rights have been given or mandatory notification has been made will appear in the narrative of the incident report.
3. Information on the closest consular office may be obtained 24 hours a day by telephoning the Department of State Operations Center at (202) 647-1512. The latest telephone/fax numbers can also be located on the Internet at www.state.gov. (Index the letter “C” and “Consular Notification.”)
VIII. CONSULAR ASSISTANCE:
A consular officer may do a variety of things to assist a foreign national. They may assist in arranging legal representation; monitor the progress of the case; seek to ensure the person receives a fair trial; speak with authorities about the conditions of confinement; may bring reading material, food, medicine, or other necessities (if permitted by regulations); may contact the alien’s family, etc.
IX. REQUESTS FOR ASYLUM:
Foreign nationals who request asylum in the U.S. should be given full opportunity to have their requests considered. Safe protective custody will be provided to the asylum seeker. Force may be used against attempts at forcible repatriation (return of the refugee to his homeland) where means of resistance are available. The safety of American personnel must be taken into account, however, and no greater force than necessary to protect the individual should be used. If an employee of the Department is contacted by a person who requests asylum, the employee will immediately contact his supervisor who will notify the Chief of Police, via chain of command, and refer the matter to ICE immediately. The member will also notify the U.S. Department of State - Diplomatic Security Service Command Center at 571/345-3146.
1.2.3 SEARCH AND SEIZURE WITHOUT WARRANT
A. Search and seizure without a warrant by agency personnel shall be governed by the following provisions, which shall conform to state and federal constitutional guidelines.
1. Whenever practical, officers will secure a search warrant rather than relying on judicially recognized exceptions to the necessity for a warrant.
B. Search by consent (consent signifying waiver of constitutional rights) may be conducted only where consent is given without force, duress or compulsion of any kind, since the burden of proving the consent was voluntary rests with the government entity.
1. The extent of the search must be limited to the area of search agreed upon by a person who has the capacity to consent, namely a property owner or one who has control over the property.
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2. If possible, the officer should obtain a written waiver, indicating consent was freely and voluntarily given to search a vehicle or property.
C. The stop-and-frisk doctrine (Terry v Ohio, 88 S.Ct. 1868 (1968)) allows an officer to conduct a search of an individual only for weapons when the officer has articulable reasons to fear for his/her safety.
D. A search of a vehicle under a movable vehicle exemption (Chambers v Maroney, 90 S.Ct. 1975 (1970) and United States v Johns, 105 S.Ct. 881 (1985)) allows an officer to search a moving vehicle or object when:
1. There is probable cause to believe there is contraband or evidence in the vehicle (object) (probable cause being the same as necessary to establish a warrant);
2. The vehicle (object) is about to be moved or could be moved; and
3. Obtaining a warrant could be impractical.
E. A warrantless search may be conducted at the scene of a crime only when exigent circumstances exist (see 1.2.3 (F)) or when consent to search has been given by the property owner or person in control of the property (see 1.2.3 (B)).
F. When exigent circumstances exist, particularly if the public safety is threatened, officers may conduct limited searches and seizures without warrants, the scope of which is limited to actions which would eliminate suspected threats.
1. In Anderson v Sanders, 99 S.Ct. 2586 (1979), the court ruled that "where the societal costs of obtaining a warrant, such as the danger to law enforcement officers or the risk of loss or destruction of evidence, outweigh the reasons for prior recourse to a neutral magistrate," an officer could conduct a limited search and seizure.
2. Examples of exigent circumstances are a need to rescue (e.g. Mincey v Arizona, 98 S.Ct. 2408 (1978)) or a danger of escape or destruction/removal of evidence (e.g. United States v Blasco, 702 F.2d 1315 (11th Cir.)(1983) or United States v Santana, 427 U.S. 38 (1976)).
G. A towed vehicle inventory of a motor vehicle will include a documented inventory of the contents of the vehicle, including closed containers and the contents of the trunk. (In re Florida v Wells, 110 S.Ct. 1632 (1990))
1. The vehicle inventory shall include such articles as briefcases, boxes, etc. if reasonable access can be gained to the article and/or to the trunk of the vehicle.
2. This shall not be interpreted to mean that an officer may forcibly open containers but shall be interpreted to mean that an officer should inquire of the owner or custodian of the container to provide access, e.g. key to the container or trunk, combination to a lock, etc. (See also 61.4.3 VIII)
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H. Other situations which allow for warrantless searches and seizures include search incident to arrest and "plain view" search and seizure.
1. Search incident to lawful arrest is allowed for the protection of the officer and to prevent the destruction of evidence, therefore the scope is limited to the person and to the immediate area the detainee might access to obtain a weapon or destroy evidence. (Ohio v Buie, 110 S.Ct. 1093 (1990), New York v Belton, 101 S.Ct. 2860 (1981))
2. The "plain view" exception allows an officer to seize evidence or contraband when an officer locates it in a place or from a place the officer has a right to be. (Coolridge v New Hampshire, 91 S.Ct. 2022 (1971), Horton v California, 110 S.Ct. 2301 (1990))
1.2.4 PROCEDURES FOR ARREST WITHOUT WARRANT
Warrantless Arrests
A. "A police officer may arrest without a warrant any person who commits or attempts to commit any felony or misdemeanor in the presence of or within the view of the police officer.”
B. “A police officer who has probable cause to believe that a felony or misdemeanor is being committed in the officer’s presence or within the view of the police officer may arrest without a warrant any person whom the police officer reasonably believes to have committed such crime.”
C. “A police officer without a warrant may arrest a person if the police officer has probable cause to believe that a felony has been committed or attempted and that the person has committed or attempted to commit a felony whether or not in the presence or within the view of the police officer.”
D. (1) “A police officer may arrest a person without a warrant if:
a) The officer has probable cause to believe that:
1) The person battered the person’s spouse or other individual with whom the person resides;
2) There is evidence of physical injury; and
3) Unless the person is not immediately arrested:
(a) The person may not be apprehended;
(b) The person may cause injury to the person or damage to the property of one or more persons; or
(c) The person may tamper with, dispose of, or destroy evidence; and
b) A report to the police was made within forty-eight (48) hours of the alleged incident.
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(2) “If the police officer has probable cause to believe that mutual battery occurred and arrest is necessary under this subsection, the officer shall consider whether one of the parties acted in self-defense when making the determination whether to arrest the person whom the officer believes to be the primary aggressor.
E. A police officer may arrest a person without a warrant for offenses specified in Title 2, Subtitle 2, §2-202, §2-203, §2-204 and §2-205 of the Criminal Law Article.
F. Sworn members of this agency will remain aware of elements of offenses which would constitute warrantless arrest offenses and will bear in mind that any arrest may be based on probable cause and that the actual offense need not actually be witnessed in order for an arrest to be made.
1. If charges will be filed, the officer will need to complete a Statement of Charges.
2. The statement of facts on the Statement of Charges shall serve as the documentation for the case. It is very important that the statement of facts be complete and comprehensive.
3. "Report Continuation" forms should be used if additional narrative space is needed.
4. Except where original forms must be filed with the court or other legal authority, e.g. complaint, summons, warrant, original forms should remain with the case file and copies given to outside entities.
G. All Statement of Charges will be filed in District Court.
1.2.5 EYEWITNESS IDENTIFICATIONS
I. Compliance with State Law: Maryland Law (HB103) requires all law enforcement agencies to adopt written policies pertaining to eyewitness identification and file these policies with the Maryland State Police. These policies must be available for public inspection. Further, the policies must comply with the United States Department of Justice (DOJ) standards on obtaining accurate eyewitness identification.
II. Policy: It is the policy of the Cumberland Police Department to conduct fair and impartial one-on-one, “mug” book and photo lineup eyewitness identifications. The Department strives to ensure that eyewitness identifications are performed as outlined in DOJ guidelines.
III. Communications Responsibilities: The information obtained from a witness is critical to the safety of those involved in an incident and may be important to the investigation. The manner in which facts are elicited from a caller can influence the accuracy of the information obtained.
A. As the initial point of contact for the witness/victim, Communications must obtain and disseminate, in a non-suggestive manner, complete and accurate information from the caller. This information can include the description/identity of the suspect.
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B. During a call for service Communications, after obtaining preliminary information and dispatching an officer should:
1. Assure the caller the police are on the way.
2. When applicable, inquire about weapons.
3. Ask open-ended questions (e.g., “What can you tell me about the car?”); augment with closed-ended questions (e.g., “What color was the car?”).
4. Avoid asking suggestive or leading questions (e.g., “Was the car red?”).
5. Ask if anything else should be known about the incident.
6. Transmit information to responding officer(s).
7. Update officer(s) as more information comes in.
IV. Investigating the Scene (Preliminary Investigating Officer): The preliminary investigation at the scene forms a sound basis for the accurate collection of information and evidence during the follow-up investigation.
A. Preservation and documentation of the scene, including information from witnesses and physical evidence, are necessary for thorough preliminary investigation. The methods used by the preliminary investigating officer have a direct impact on the amount and accuracy of the information obtained throughout the investigation.
B. After securing the scene and attending to any victims and injured persons, the preliminary investigating officer should:
1. Identify the suspect(s).
a. Determine the location of the suspect(s).
b. Detain or arrest the suspect(s) if still present at the scene.
2. Determine what crime or incident has occurred.
3. Broadcast updated description of the incident, suspect(s) and/or vehicle(s), as applicable.
4. Verify the identity of the witness(es).
5. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses.
6. Canvass the area for other witnesses.
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V. Eyewitnesses: Information obtained from the witness(es) can corroborate other evidence (e.g., physical evidence, accounts provided by other witnesses) in the investigation. Therefore, it is important that this information be accurately documented in writing.
A. The manner in which the preliminary investigating officer obtains information from a witness has a direct impact on the amount and accuracy of that information.
B. When interviewing a witness, the preliminary investigating officer should:
1. Inquire about the witness’ condition.
2. Establish a rapport with the witness.
3. Use open-ended questions (e.g., “What can you tell me about the car?”); augment with closed-ended questions (e.g., “What color was the car?”). Avoid leading questions (e.g., “Was the car red?”).
4. Clarify the information received with the witness.
5. Whenever possible, have the witness write a written statement.
6. Document the information obtained from the witness, including the witness’ identity, in a written report.
7. Encourage the witness to contact investigators with any further information.
VI. Preparing “Mug” Books: “Mug” books must be objectively compiled to yield investigative leads that will be admissible in court.
A. In selecting photos to be preserved in a “mug” book, the preparer should:
1. Group photos by format (e.g., color or black and white; Polaroid, 35mm, or digital; video) to ensure that no photo unduly stands out.
2. Select photos of individuals that are uniform with regard to general physical characteristics (e.g., race, age, sex).
3. Consider grouping photos by specific crime (e.g., sexual assault, gang activity).
4. Ensure that positive identifying information exists for all individuals portrayed.
5. Ensure that photos are reasonably contemporary.
6. Ensure that only one photo of each individual is in the “mug” book.
NOTE: “Mug” books, collections of photographs of previously arrested persons, may be used in cases in which a suspect has not yet been determined and other reliable sources have been exhausted. This technique may provide investigative leads, but results should be evaluated with caution. 18
VII. Developing and Using Composite Images: The use of composite images can yield investigative leads in cases in which no suspect has been determined. Use of these procedures can facilitate obtaining a description from the witness that will enable the development of a reasonable likeness of the suspect.
A. The person preparing the composite should:
1. Assess the ability of the witness to provide a description of the suspect.
2. Select the procedure to be used from those available (e.g., identikit-type or computer-generated images).
3. Unless part of the procedure, avoid showing the witness any photos immediately prior to development of the composite.
4. Select an environment for conducting the procedure that minimizes distractions.
5. Conduct the procedures with each witness separately.
6. Determine with the witness whether the composite is a reasonable representation of the suspect.
VIII. Instructing the Witness: Providing instructions to the witness can improve his/her comfort level and can result in information that may assist the investigation.
A. Instructions to the witness prior to conducting the procedure can facilitate the witness’ recollection of the suspect.
B. The investigator/person conducting the “mug’ book procedure should:
1. Instruct each witness without other persons present.
2. Describe the “mug” book to the witness only as a “collection of photographs.”
3. Instruct the witness that the person who committed the crime may or may not be present in the “mug” book.
4. Consider suggesting to the witness to think back to the event and his/her frame of mind at the time.
5. Instruct the witness to select a photograph if he/she can and to state how he/she knows the person if he/she can.
6. Assure the witness that regardless of whether he/she makes an identification, the police will continue to investigate the case.
7. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of an identification. 19
C. The investigator/person conducting the composite procedure should:
1. Instruct each witness without other persons present.
2. Explain the type of composite technique to be used.
3. Explain to the witness how the composite will be used in the investigation.
4. Instruct the witness to think back to the event and his/her frame of mind at the time.
IX. Documenting the “Mug” Book/Composites: Documentation of the procedure and its outcome improves the strength and credibility of the results obtained from the witness and can be an important factor in the investigation and any subsequent court proceedings.
A. The investigator/person conducting the procedure should:
1. Document the procedure employed (e.g., identikit-type, “mug” book or computer- generated image) in writing.
2. Document the results of the procedure in writing, including the witness’ own words regarding how certain he/she is of any identification.
3. Document items used and preserve composites generated.
X. Interviewing the Witness by the Follow-up Investigator-Pre-interview Preparation: Pre-interview preparation will enable the investigator to elicit a greater amount of accurate information during the interview, which may be crucial to the investigation.
A. Prior to conducting the interview, the investigator should:
1. Review available information.
2. Plan to conduct the interview as soon as the witness is physically and emotionally capable.
3. Select an environment that minimizes distractions while maintaining the comfort level of the witness.
4. Ensure interview room is available.
5. Separate the witnesses.
6. Determine the nature of the witness’ prior law enforcement contact.
B. Initial (Pre-Interview) Contact with the Witness: Establishing a cooperative relationship with the witness likely will result in an interview that yields a greater amount of accurate information. On meeting with the witness but prior to beginning the interview, the investigator should: 20
1. Develop rapport with the witness.
2. Inquire about the nature of the witness’ prior law enforcement contact related to the incident.
3. Volunteer no specific information about the suspect or case.
C. Conducting the Interview: Information elicited from the witness during the interview may provide investigative leads and other essential facts. The above interview procedures will enable the witness to provide the most accurate, complete description of the event and encourage the witness to report later recollections. Witnesses commonly recall additional information after the interview that may be critical to the investigation. During the interview, the investigator should:
1. Encourage the witness to volunteer information without prompting.
2. Encourage the witness to report all details even if they seem trivial.
3. Ask open-ended questions (e.g., “What can you tell me about the car?”); augment with closed-ended questions (e.g., “What color was the car?”).
4. Avoid leading questions (e.g., “Was the car red?).
5. Caution the witness not to guess.
6. Ask the witness to mentally recreate the circumstances of the event (e.g., “Think about your feelings at the time.”).
7. Encourage non-verbal communications (e.g., drawings, gestures, objects).
8. Avoid interrupting the witness.
9. Encourage the witness to contact investigators when additional information is recalled.
10. Instruct the witness to avoid discussing details of the incident with other potential witnesses.
11. Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident.
12. Thank the witness for his/her cooperation.
D. Recording Witness Recollections: Complete and accurate documentation of the witness’ statement is essential to the integrity and success of the investigation and any subsequent court proceedings. During or as soon as reasonably possible after the interview, the investigator should:
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1. Document the witness statements. Whenever possible a written statement from the witness shall be obtained.
2. Review written documentation; ask the witness if there is anything he/she wishes to change, add or emphasize.
E. Assessing the Accuracy of Individual Elements of a Witness’ Statement: Point-by- point consideration of the accuracy of each element of a witness’ statement can assist in focusing the investigation. This technique avoids the common misconceptions that the accuracy of an individual element of a witness’ description predicts the accuracy of another element. After conducting the interview, the investigator should:
1. Consider each individual component of the witness’ statement separately.
2. Review each element of the witness’ statement in the context of the entire statement. Look for inconsistencies within the statement.
3. Review each element of the statement in the context of evidence known to the investigator from other sources (e.g., other witnesses’ statement, physical evidence).
F. Maintaining Contact with the Witness: Re-establishing contact and rapport with the witness often leads to recovery of additional information. Maintaining an open communication channel with the witness throughout the investigation is critical. During post-interview, follow-up contact with the witness, the investigator should:
1. Re-establish rapport with the witness.
2. Ask the witness if he/she has recalled any additional information.
3. Follow interviewing and documentation procedures previously mentioned in this Special Operating Procedure.
4. Provide no information from other sources.
XI. Field Identification Procedures (One-on-One): The use of a one-on-one can provide investigative information at an early stage, but the inherent suggestiveness of a one-on-one requires careful use of procedural safeguards.
A. When conducting a one-on-one, officers should:
1. Determine and document, prior to the one-on-one, a description of the suspect.
2. Transport the witness to the location of the detained suspect to limit the legal impact of the suspect’s detention.
3. When multiple witnesses are involved:
a. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses. 22
b. If a positive identification is obtained from one witness, consider using other identification procedures for remaining witnesses.
4. Caution the witness that the person he/she is looking at may or may not be the suspect.
5. Obtain and document a statement of certainty for both identification and non- identifications.
B. Recording one-on-one results: Preparing a complete and accurate record of the outcome of the one-on-one improves the strength and credibility of the identification and non- identification results obtained from the witness and can be a critical document in the investigation and any subsequent court proceedings. When conducting a one-on-one, the investigator/officer should:
1. Document the time and location of the one-on-one.
2. Record both identification and non-identification results in writing, including the witness’ own word regarding how certain he/she is.
C. Composing Photo Lineups: In a photo line-up the suspect should not unduly stand out. An identification obtained through a photo lineup using the following procedures should result in a strong evidentiary value. In composing a photo lineup, the investigator should:
1. Include only one suspect in each identification procedure.
2. Select fillers who generally fit the witness’ description of the suspect. When there is a limited/inadequate description of the suspect provided by the witness, or when the description of the suspect differs significantly from the appearance of the suspect, fillers should resemble the suspect in significant features.
3. If multiple photos of the suspect are reasonably available to the investigator, select a photo that resembles the suspect description or appearance at the time of the incident.
4. Include a minimum of five fillers (non-suspects) per identification procedure.
5. Consider that complete uniformity of features is not required. Avoid using fillers who so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
6. Create a consistent appearance between the suspect and fillers with respect to any unique or unusual feature (e.g., scars, tattoos) used to describe the suspect by artificially adding or concealing that feature.
7. Consider placing suspects in different positions in each lineup, both across cases and with multiple witnesses in the same case. Position the suspect randomly in the lineup.
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8. When showing a new suspect, avoid reusing fillers in lineups shown to the same witness.
9. Ensure that no writings or information concerning previous arrest(s) will be visible to the witness.
10. View the spread, once completed, to ensure that the suspect does not unduly stand out.
11. Preserve the presentation order of the photo lineup. In addition, the photos themselves should be preserved in their original condition.
D. Instructing the Witness Prior to Viewing a Photo Lineup: Instructions provided to the witness prior to presentation of a lineup will likely improve the accuracy and reliability of any identification obtained from the witness and can facilitate the elimination of innocent parties from the investigation. Prior to presenting a photo lineup, the investigator should:
1. Instruct the witness that he/she will be asked to view a set of photographs.
2. Instruct the witness that it is just as important to clear innocent persons from suspicion as to identify the guilty party(ies).
3. Instruct the witness that individuals depicted in lineup photos may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change.
4. Instruct the witness that the person who committed the crime may or may not be in the set of photographs being presented.
5. Assure the witness that regardless of whether an identification is made, the police will continue to investigate the incident.
6. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification.
E. Conducting the Identification Procedure: The manner in which an identification procedure is conducted can affect the reliability, fairness and objectivity of the above procedures and can minimize the effect of external influences on a witness’ memory.
1. When conducting simultaneous photo lineups, the investigator should:
a. Provide viewing instructions to the witness as outlined in: Instructing the Witness Prior to Viewing a Lineup” of this policy.
a. Confirm that the witness understands the nature of the lineup procedure.
b. Avoid saying anything to the witness that may influence the witness’ selection.
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c. If an identification is made, avoid reporting to the witness any information regarding the individual he/she has selected prior to obtaining the witness’ statement of certainty.
d. Record any identification results and witness’ statement of certainty as outlined in the “Recording Identification Results” of this policy.
1) If an identification is made, have the witness mark on the back of the photo the following information:
a) Initial the back of the photo
b) Indicate the date identification is made
c) Indicate the time identification is made
2) If an identification is made, the officer shall also initial the back of the photo along with the witness.
e. Document in writing the photo lineup procedure, including:
1) Identification information and source of all photos used.
2) Names of all persons present at the photo lineup.
3) Date and time of the identification procedure.
f. Instruct the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media.
2. When presenting a sequential photo lineup, the investigator should:
a. Provide viewing instructions to the witness as outlined in: Instructing the Witness Prior to Viewing a Lineup” of this policy.
b. Provide the following additional viewing instruction to the witness:
1) Individual photographs will be viewed one at a time.
2) The photos are in random order.
3) Take as much time as needed in making a decision about each photo before moving to the next one.
4) All photos are shown, even if an identification is made.
3. Confirm that the witness understands the nature of the sequential procedure.
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4. Present each photo to the witness separately, in a previously determined order, removing those previously shown.
5. Avoid saying anything to the witness that may influence the witness’ selection.
6. If an identification is made, avoid reporting to the witness any information regarding the individual he/she has selected prior to obtaining the witness’ statement of certainty.
7. Record any identification results and witness’ statement of certainty as outlined in the “Recording Identification Results” of this policy.
a. If an identification is made, have the witness mark on the back of the photo the following information:
1) Initial the back of the photo
2) Indicate the date identification is made
3) Indicate the time identification is made
b. If an identification is made, the officer shall also initial the back of the photo along with the witness.
8. Document in writing the photo lineup procedure, including:
a. Identification information and source of all photos used.
b. Names of all persons present at the photo lineup.
c. Date and time of the identification procedure.
9. Instruct the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media.
F. Presenting a Live Lineup: Instructions provided to the witness prior to presentation of a lineup will likely improve the accuracy and reliability of any identification obtained from the witness and can facilitate the elimination of innocent parties from the investigation.
1. Prior to presenting a live lineup, the investigator should:
a. Instruct the witness that he/she will be asked to view a group of individuals.
b. Instruct the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties.
c. Instruct the witness that individuals present in the lineup may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change. 26
d. Instruct the witness that the person who committed the crime may or may not be present in the group of individuals.
e. Assure the witness that regardless of whether an identification is made, the police will continue to investigate the incident.
f. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification.
2. When presenting a simultaneous live lineup, the investigator/lineup administrator should
a. Provide viewing instructions to the witness as outlined in Section F. 1.
b. Instruct all those present at the lineup not to suggest in any way the position or identity of the suspect in the lineup.
c. Ensure that any identification actions (e.g., speaking, moving) are performed by all members of the lineup.
d. Avoid saying anything to the witness that may influence the witness’ selection.
e. If an identification is made, avoid reporting to the witness any information regarding the individual he/she has selected prior to obtaining the witness’ statement of certainty.
3. When presenting a sequential live lineup, the lineup administrator/investigator should
a. Provide viewing instructions to the witness as outlined in Section F. 1.
b. Provide the following additional viewing instructions to the witness:
1) Individuals will be viewed one at a time.
2) The individuals will be presented in random order.
3) Take as much time as needed in making a decision about each individual before moving to the next one.
4) If the person who committed the crime is present, identify him/her.
5) All individuals will be presented, even if an identification is made; or the procedure will be stopped at the point of an identification (consistent with jurisdictional/departmental procedures).
c. Begin with all lineup participants out of the view of the witness.
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d. Instruct all those present at the lineup not to suggest in any way the position or identity of the suspect in the lineup.
e. Present each individual to the witness separately, in a previously determined order, removing those previously shown.
f. Ensure that any identification actions (e.g., speaking, moving) are performed by all members of the lineup.
g. Avoid saying anything to the witness that may influence the witness’ selection.
h. If an identification is made, avoid reporting to the witness any information regarding the individual he/she has selected prior to obtaining the witness’ statement of certainty.
i. Record any identification results and witness’ statement of certainty as outlined in Section G.
j. Document the lineup procedures and content in writing, including:
1) Identification information of lineup participants.
2) Names of all persons present at the lineup.
3) Date and time the identification procedure was conducted.
k. Document the lineup by photo or video. This documentation should be of a quality that represents the lineup clearly and fairly. Photo documentation can be of either the group or each individual.
l. Instruct the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media.
G. Recording Identification Results: Preparing a complete and accurate record of the outcome of the identification procedure improves the strength and credibility of the identification or non- identification results obtained from the witness. This record can be critical documentation in the investigation and any subsequent court proceedings. When conducting an identification procedure, the investigator should:
1. Record both identification and non-identification results in writing, including the witness’ own words regarding how sure he/she is.
2. Ensure results are signed and dated by the witness.
3. Ensure that no materials indicating previous identification results are visible to the witness.
4. Ensure that the witness does not write on or mark any materials that will be used in other identification procedures. 28
1.2.6 ALTERNATIVES TO ARREST/CONFINEMENT, AND PRETRIAL RELEASE
A. If not otherwise outlined by written directive, an officer may consider the use of citation, summons, warning, referral, or informal resolution in lieu of arrest.
1. An officer may issue a minor misdemeanor citation for those offenses classified as petty offenses. A list of Criminal Charges that are classified as petty offenses with their corresponding CJIS Code will be supplied by the Administrative Clerk of District #12, Allegany County, Maryland. Misdemeanor offenses will be issued on Criminal Citations, DR/CR 45.
2. An officer may issue a Motor Vehicle Complaint and Citation for those misdemeanor traffic offenses prescribed in The Maryland Vehicle Law Annotated. (Maryland Vehicle Law Annotated, Section 26-409 (a))
3. An officer may issue a warning when it appears to the officer to be the most reasonable alternative for the offender under the circumstances.
4. An officer may make referrals to other agencies when it appears to the officer to be the most reasonable alternative for the offender under the circumstances.
5. An officer may offer informal resolutions when it appears the situation or conflict can be adequately resolved by use of a verbal warning, informing another agency of the situation or conflict, advising the parents of a juvenile problem, etc., but should be utilized for minor offenses only.
6. Alternatives to arrest shall not be used in cases of:
a. Felonies;
b. Domestic violence when probable cause and legal authority exists to make an arrest under the Domestic Abuse Law and in compliance with Title 2, Subtitle 2, §2-204 of the Criminal Law Article (See General Order 55.3.1 V.B.1, Domestic Violence Policy and Procedure, or General Order 55.3.2 IV C. 3. b) (5), Officer Involved Domestic Violence Policy and Procedure);
c. Domestic violence if a protection order has been filed with the court pursuant to Maryland Family Law, Section 4-505 (a)(2)(i) (See General Order 55.3.1 V.B.1, Domestic Violence Policy and Procedure, or General Order 55.3.2 IV C. 3. b) (5), Officer Involved Domestic Violence Policy and Procedure); or
d. When it appears that the violator will not comply or will continue in his/her course of action if not arrested.
B. If not otherwise outlined by written directive, an officer may consider the use of citation or summons in lieu of prearrangement confinement.
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1. Pretrial release of felonies shall be determined by the court of jurisdiction as outlined in Maryland District Rules 4-216. a. Felons shall be processed by the Cumberland Police Department.
b. Persons charged with a felony will be taken before a District Court Commissioner unless the charging document is a Circuit Court indictment, at which time the suspect will be taken before the issuing Court at the next session.
2. Pretrial release of criminal misdemeanants shall be determined by the court of jurisdiction and shall be designed to ensure the appearance of the violator. It will be in accordance of Maryland District Rule 4-216.
a. Shift supervisors may authorize the issuance of a criminal summons in lieu of arrest as outlined in G.O. 1.2.5. (A)(1).
3. Traffic violations of a serious nature will be handled as outlined in G.O. 61.1.2 and G.O. 61.1.5.
a. Maryland Vehicle Law Annotated, Section 26-402(b) states that a defendant may be released on issuance of a written citation if:
1) A District Court Commissioner is not available;
2) A judge, clerk, or other public officer, authorized to accept bail for the court is not available; and
3) The person charged gives his written promise to appear in court.
b. Exceptions are if the defendant is charged with any of the offenses listed in Maryland Vehicle Law Annotated, Section 26-202 (a)(3)(i thru viii) of that title.
c. Out-of-state offenders who live in Nonresident Violator Compact (NRVC) states may agree to sign for minor misdemeanor citations (Maryland Vehicle Law Annotated, Section 26-402(b)(3) provided they are properly instructed in accordance with G.O. 61.1.4).
1) Violator compact states include: Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington, D.C., West Virginia and Wyoming.
2) A supervisor may approve the release of a traffic violator without an appearance before a District Court Commissioner provided the violator meets all the requirements as enumerated in General Order 61.1.11 B. 7.. 30
4. Separate laws dictate the handling of juvenile citations, arrests, and releases.
a. If at all possible, juveniles shall be released to a parent or legal guardian.
b. Juveniles may be released to a responsible adult if the parent or legal guardian cannot be contacted and with the permission of the juvenile officer, the shift supervisor, or a higher ranking officer.
c. If the juvenile cannot be released, he/she will be taken to a juvenile detention location designated by the Juvenile Intake officer from the Maryland Department of Juvenile Services.
d. Juvenile traffic violators should sign for minor misdemeanor citations if the juvenile is sixteen (16) or seventeen (17) years of age and the violation is not a jailable offense.. (See G.O. 61.1.3(a))
e. No bond shall be required of any juvenile nor from his/her parent or legal guardian.
1.2.7 USE OF DISCRETION
A. Sworn officers shall use their best judgment, in accordance with their oath as a police officer for the City of Cumberland, the Code of Ethics of the International Association of Chiefs of Police, and the written directives and goals of this agency, to perform the duties of their office.
B. The members of this agency will have complete individual discretion, except when their decision is unlawful, and if the decision does not conflict with their oath, the Code of Ethics, the goals and objectives of the Cumberland Police Department, or written directives of this agency. (See 61.1.2, 61.1.5)
1.3 USE OF FORCE
The purpose of this policy is to provide officers of the City of Cumberland, Department of Police with guidelines on the use of deadly and non-deadly force.
1.3.1 DEGREE OF FORCE
A. Each law enforcement officer shall utilize any and all legal means available to prevent or halt the commission of a criminal offense or to apprehend a criminal offender, when it is within the officer's power and authority to do so, alone or with available assistance, within the limitations contained in official directives of the Cumberland Police Department.
B. A law enforcement officer acting within the scope of his/her employment shall use only that force which he/she reasonably believes is necessary to effect an arrest, detention, or mission.
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1.3.2 DEADLY FORCE
A. A law enforcement officer acting within the scope of his/her employment shall be justified in the use of "deadly force" under the following circumstances.
1. To defend himself/herself from what is reasonably believed to be an imminent threat of serious physical harm or death, under the circumstances as they appear at the time.
2. To defend another person from what is reasonably believed to be an imminent threat of serious physical harm or death, under the circumstances as they appear at the time.
3. To prevent the escape of a suspect if there is a substantial risk that a person to be arrested will cause death or serious physical harm if his/her apprehension is delayed.
B. Definitions
1. "Reasonable belief" is similar to "probable cause," in that it depends on the specific facts and circumstances within the knowledge of the individual officer and which would warrant a "reasonable person" to exercise the same or similar action.
a. "Reasonable cause," as applied to a peace officer, is a duty to use all facts accessible, which may result in accountability if the officer fails to perceive or avoid a risk due to a substantive lapse of due care required under the circumstances.
2. "Deadly force" means any force which carries a substantial risk that it will approximately result in the death or serious bodily harm of any person.
3. "Serious physical harm to persons" means any of the following:
a. Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
b. Any physical harm which carries a substantial risk of death;
c. Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some temporary, substantial incapacity;
d. Any physical harm which involves some permanent disfigurement, or which involves some temporary, serious disfigurement;
e. Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves any degree of prolonged or intractable pain. (See also G.O. 41.2.2 and G.O. 61.3.4)
4. “Non-deadly Force (Nonlethal)” means any use of force other than that which is considered deadly force.
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1.3.3 "WARNING" SHOTS
A. The use of "warning" shots is strictly forbidden.
1.3.4 NONLETHAL WEAPONS
A. Sworn members of this agency will carry a collapsible baton (ASP) and oleoresin capsicum (pepper spray) as a nonlethal (less than lethal) weapon. A Taser is optional.
1. A nonlethal weapon is an instrument that may be used by a police officer with the purpose of defending the officer from physical harm or in effecting lawful arrests.
2. Officers who carry a collapsible baton, Taser and oleoresin capsicum will be instructed and retrained periodically in the proper use of these instruments.
a. Oleoresin capsicum is an organically based, non-lethal respiratory inflammatory agent, rather than an irritant agent, such as CN or CS (common "mace” products).
B. The carrying or use of any instrument other than an issued collapsible baton, Taser or oleoresin capsicum is prohibited.
1. The use of other instruments for defensive purposes are only authorized when a baton, oleoresin capsicum or Taser are not immediately available to the officer and then only within the scope of training received by an officer with regard to the use of force.
C. A nonlethal (non-deadly) weapon or technique may be used only within the scope of employment and authority of an officer and shall only be used with the degree of force an officer reasonably believes is necessary to effect an arrest, detention or mission.
1. Where deadly force is not authorized, officers should assess the incident in order to determine which non-deadly technique or weapon will best de-escalate the incident and bring it under control in a safe manner.
2. Police officers are authorized to use departmental approved non-deadly force techniques and issued equipment for resolution of incidents, as follows:
a. To protect themselves or another from physical harm;
b. To restrain or subdue a resistant individual; or
c. To bring an unlawful situation safely and effectively under control.
1.3.5 MEDICAL AID
A. Any time a lethal or nonlethal weapon is used against an assailant or to effect an arrest, the person against which the weapon was used will be checked for injuries by an ambulance 33
crew from the Cumberland Fire Department and/or transported to a medical facility to be checked or treated.
1.3.6 USE OF FORCE/DISCHARGE OF FIREARMS REPORTS
A. Every incident of firearms discharge or pointing/aiming of a firearm towards a suspect which would indicate possible discharge will be reported to the supervisor on duty.
1. A firearm discharge by an agency member will be reviewed and investigated, except discharges for supervised training, target practice, or ballistic examinations.
B. A written report will be submitted by the member involved in the use of a firearm outlined above as soon as practical following the incident.
1. The discharge of a firearm to assist in halting a possible suspect in any situation will be reported and investigated as per appropriate directive.
2. Humane destruction of an animal shall only be done to prevent suffering and when the discharge will not jeopardize human life or property and when other means of disposition are impractical.
a. All applicable laws will be observed.
b. Permission must be granted by an officer in charge of the shift or officer of higher rank.
c. A "Discharge of Firearm" report will be completed and forwarded through channels.
d. When an animal is destroyed for humane reasons, the carcass will be disposed of by either the owner of the animal or by the officer.
1) If after hours or on a weekend, the carcass will be disposed of in the waste receptacle at the Municipal Service Center.
2) If during normal working hours, it is preferred to notify the Animal Control Officer and let that Office make disposition.
3) The Incident Report narrative relating to the animal call will include all pertinent and necessary information about the disposal of the animal.
4) The exception to this policy involves deer kills where state statute dictates the process for removal of the carcass from the scene.
a) When a deer is struck and killed on the roadways within our jurisdiction, it is the department’s responsibility to arrange for the removal of that carcass.
b) When this agency takes a crash report involving a deer which has been killed, the driver of the motor vehicle is permitted to take possession of the carcass.
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(Should the driver not want the animal, another person at the scene may be awarded the carcass by the investigating officer.)
(1) The officer shall complete a Natural Resources Police non-hunting tag (Road Kill) which are in the supply closet in the Duty Officer’s room as soon as possible after releasing the carcass.
(a) Upon completion of the form, the bottom portion (it is perforated) is to be given to the recipient.
(b) After the top portion is completed, it should have the incident report number written on it and turned in to the Chief’s Office for proper forwarding to the Department of Natural Resources.
(2) Should no one want the animal, disposal will conform to the standing general orders of this agency.
3. Accidental discharges shall be reported on a discharge of firearm report.
a. The report shall be forwarded to the range master for review.
b. The range master will focus the initial investigation on safety, malfunction of the weapon, and training.
c. Upon completion, the range master will forward the initial report to the Deputy Chief for review and final resolution.
4. Discharges during supervised training, target practice or ballistic examinations need not be reported.
5. The completed original discharge of firearm report shall be forwarded to the Chief or his designee.
C. The agency will investigate the action of any officer which results in, or is alleged to have resulted in, injury or death of another person; when a person is struck, thrown or shoved against an object or to the ground, or choked by an officer; or any incident involving the use of force applied through the use of a non-lethal weapon or bodily force.
1. Bodily force is any amount of physical force used to overcome resistive tension.
2. The officer will report use of force immediately to his/her immediate superior officer and will, as soon as practical, file a "Use of Force Report" and, if applicable, a "Discharge of Firearm Report".
3. The first officer on the scene following an officer involved shooting shall secure the officer's weapon and impound the weapon as evidence as soon as practical.
4. The supervisor will notify the Chief of Police and the Deputy Chief as soon as practical, and will initiate investigation unless otherwise directed. 35
5. The Deputy Chief will review the incident and forward information to the Chief of Police.
6. The completed original discharge of firearm report shall be forwarded to the Chief or his designee.
D. In the event the involved officer is incapacitated or otherwise incapable of making proper notification(s) or report(s), the officer's immediate supervisor will initiate such measures.
1.3.7 REVIEW OF USE OF FORCE/DISCHARGE OF WEAPONS INCIDENTS
A. A complete report of investigation of any use of force shall be forwarded to the Chief of Police through the chain of command.
1. The report shall include relevant facts and circumstances surrounding the incident and a conclusion as to whether the discharge violates an agency directive.
2. Use of force and discharge of weapons reports shall be reviewed by the employee's supervisor, and then forwarded as applicable.
3. Use of force reports will be reviewed by a defensive tactics instructor and, if a firearm was involved, a range officer then forwarded to the Deputy Chief for review, who shall then forward the report to the Chief of Police.
4. Discharge of firearms reports not involving use of force will be forwarded to the Deputy Chief, then to the Chief of Police.
B. The agency will investigate and may, at the direction of the Chief of Police or his designee, ask other agencies to assist in the investigation of any incident in which there is an application of force by any member of the Cumberland Police Department.
1. The involved member will immediately notify his/her immediate supervisor and will, as soon as practical, complete a "Use of Force Report” and a "Discharge of Firearm Report".
a. If the member is incapacitated or otherwise incapable of completing the appropriate forms, the member's immediate supervisor shall initiate the completion of the forms.
b. The Use of Force Report in the Police Reporting Program shall be completed as soon as possible after the incident.
2. The supervisor will immediately notify the Chief of Police and the Deputy Chief.
3. The Chief of Police and the Deputy Chief will decide what other agency members should be notified and/or involved in the investigation.
4. The investigating team may request another agency or agencies to participate in the investigation, if their participation would lend credence to the investigation or if their special
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skills and/or equipment are necessary for the completion and thorough investigation of the incident.
5. The Deputy Chief will file a complete report with the Chief of Police at the conclusion of the investigation.
6. Case files concerning the use of force which results in serious physical harm or death shall be retained on file in the department in a secure file area and a copy filed in the normal case file location.
C. The Deputy Chief shall be sensitive to the protection of the civil rights of the officer being investigated to avoid compromising or contaminating a potential criminal case.
D. The Chief of Police or the Chief's designee will be responsible for gathering and reviewing information relating to any incidents involving use of force which result in serious injury or death. All reported uses of force will be reviewed by the Chief of Police to determine whether:
1. Departmental rules, policy or procedures were violated;
2. The relevant policy was clearly understandable and effective to cover the situation; and
3. Departmental training is currently adequate.
E. There will be a regular yearly review of use of force incidents by the Chief of Police to ascertain training and policy needs.
1. All findings of policy violations or training inadequacies shall be noted for resolution and/or discipline.
2. An annual summary report of use of force incidents will be published and made available to the public.
1.3.8 OFFICER REMOVAL PENDING REVIEW
A. Where a police officer’s use of force causes death or serious injury, the officer shall be placed on administrative leave, with pay, after completing all internal investigative requirements, and until it is determined by a mental health professional that the police officer is ready to return to duty.
B. The department shall conduct both an administrative and criminal investigation of the incident, and may authorize such investigation by non-departmental personnel.
1.3.9 AUTHORIZED WEAPONS AND AMMUNITION
A. All firearms carried in any capacity must be approved by the Range Master and the Chief of Police; all less than lethal weapons carried in any capacity must be approved by a defensive
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tactics instructor and the Chief of Police. The only exception is the use of a special weapon authorized by the Chief in advance.
1. Officers carrying any defensive weapon must carry and have at hand proper identification, including badge and identification card.
2. Authorized weapons are those with which the police officer has qualified and received departmental training on proper and safe usage, and that are registered and comply with departmental specifications.
3. Departmental issued straight batons or equivalent, oleoresin capsicum or equivalent, FN303 Launcher and Taser are the only authorized less than lethal weapons to be utilized by members of this department.
4. Firearms to be carried as a "second" weapon or to be carried off duty must be approved by the Range Master or the Chief of Police.
a. Officers will conform to all guidelines dealing with the use of force if they choose to carry their weapon in an off duty capacity.
5. Any officer of this agency may carry an approved weapon and approved ammunition off duty, as long as the carrying of the firearm does not conflict with any other directive or violate any law, statute, or ordinance.
B. All ammunition carried in any capacity must be approved by the Range Master and the Chief of Police.
1. All ammunition for the agency weapon(s) will be issued at the time of firearm qualifications. During firearms training sessions, each officer will fire duty ammunition augmented by training ammunition when needed.
C. Prior to the time an employee is authorized to carry any firearm, the Range Master shall inspect and approve all weapons and shall ensure the employee has properly qualified with the weapon.
1. The police department shall schedule regular training and qualification sessions for duty, off- duty, and specialized weapons, which will be graded on a pass/fail basis.
2. Police officers who fail to receive passing scores with their duty weapon(s) in accordance with departmental testing procedures shall be relived of their police powers and immediately reassigned to non-enforcement duties.
3. A police officer shall not be permitted to carry any weapon with which he/she has not been able to qualify during the most recent qualification period.
4. A police officer who has taken extended leave or suffered an illness or injury that could affect his/her use of firearms ability will be required to re-qualify before returning to enforcement duties.
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D. Prior to the time an employee is authorized to carry any defensive tactics instrument, a defensive tactics instructor shall approve the instrument and shall ensure the employee has properly been instructed and/or certified in the use of the instrument.
E. The issuance of weapons will be recorded in agency inventory records and qualification records, including manufacturer, caliber, and serial numbers of firearms. This inventory will be maintained for all members of the department in training records.
F. Police officers shall adhere to the following restrictions when their weapon is exhibited:
1. Except for maintenance or during training, police officers shall not draw or exhibit their firearms unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy.
2. Police officers shall not fire their weapons at or from a moving vehicle.
3. Firearms shall not be discharged when it appears likely that an innocent person may be injured.
1.3.10 FIREARM PROFICIENCY
A. All sworn members of the Cumberland Police Department are required to obtain a qualifying score on a course approved by the Range Master, the Chief of Police, and the Maryland Police and Corrections Training Commissions with the member's duty weapon(s), any other agency weapon the member is authorized to utilize, e.g. the shotgun, and any off-duty weapon they are authorized to carry.
B. All firearms being used in qualification shall first be checked by the Range Master.
C. All firearms being used in qualification shall be approved by the Range Master and the Chief of Police and a permanent record shall be made of any firearm(s) used by the officer during qualification, including, but not limited to, the make, model, caliber, and serial number of the firearm.
D. Range qualifications shall include a demonstration of the safe handling and care, as well as the actual firing, of the firearm(s).
1.3.11 FIREARM QUALIFICATIONS
A. All sworn officers will be required to qualify at each scheduled qualification, unless specifically excused and will be required, at least annually, to receive training on the agency's use of force policies.
1. All sworn members of the Cumberland Police Department must demonstrate proficiency with weapons issued and/or provided to sworn personnel of this agency, including sidearm(s) and shotgun.
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B. Specifications for the qualification course shall be drawn up by the Range Master, approved by the Chief of Police and the Maryland Police and Corrections Training Commission, and filed with the agency Training Officer, along with the results of the qualifications.
1. Qualification courses shall require the officer to use his/her weapon(s) in the same manner as he/she is accustomed to using them in a work atmosphere, i.e. using duty holster, off-duty holster(s), and other agency weapon(s) from their normal position of storage.
D. The Range Officer or Range Master shall be authorized to suspend authorization to utilize weapons, based on an officer's inability to qualify with their issued weapon(s).
1. If the member fails after the first qualification, the range officer(s) shall provide an appropriate period of instruction and shall require the member to attempt to qualify a second time.
2. If the member fails after the second qualification, the range officer(s) shall provide an appropriate period of instruction and shall require the member to attempt to qualify a third time.
3. If the member fails to qualify on the third attempt, the member who failed to qualify shall be assigned to a position which does not require the use of a weapon and shall be relieved of his/her issued weapon(s).
4. The member shall then be given a two week period, during which the member shall be trained and given an opportunity to practice under supervision, after which the member shall be given an opportunity to qualify with the issued weapon(s).
5. If, following this sequence the member again fails to qualify, the member will be placed on administrative suspension.
a. The pay status during the administrative suspension shall be determined by the City Administrator and the Chief of Police after a thorough review of the situation.
6. The member shall then be given another two week period of training and practice under supervision, after which the member shall be given a final opportunity to attempt to qualify with the issued weapon(s).
7. If, following this sequence the member again fails to qualify, appropriate disciplinary actions will be taken.
8. At any time during the qualification process, disciplinary actions may be initiated if the failure to perform satisfactorily is due to a failure to follow the directions or suggestions of the range officer(s), a failure to follow range rules, a lack of willingness to participate or cooperate with the range officer(s), an apparent attempt to deliberately fail to qualify, or any other conduct which would violate the disciplinary code of conduct of this agency or which would indicate the member cannot or will not qualify with agency weapons.
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9. The need to qualify with any particular weapon(s) may be left to the discretion of the Chief of Police.
1.3.12 ISSUING USE OF FORCE DIRECTIVES
A. Officers of the Cumberland Police Department will not be allowed to carry a weapon in any status until they have been issued and trained in the contents of policies described in Sections 1.3.1 through 1.3.5. Issuance of the policy on deadly and non-deadly force as well as proficiency with a firearm and instruction shall be documented. Records shall be kept by the Training Officer.
1.3.13 ANNUAL ANALYSIS OF REPORTS
A. The Chief of Police or his designee shall conduct an annual analysis of use of force and discharge of firearms reports. The review is meant to determine patterns or trends that could indicate training needs and/or policy modifications.
1.4 LESS-LETHAL WEAPONS
1.4.1 TASER Policy
I. Purpose
This policy sets the guidelines for the Cumberland Police Departments policy regarding deployment of the M28 Advanced Taser® and Taser X26.
II. Discussion The M26/X26 Advanced Taser® is deployed as an additional police tool and is not intended to replace firearms or self-defense techniques. The Advanced Taser® may be used to control dangerous or violent subjects when deadly physical force does not appear to be justified and/or necessary; or attempts to subdue the subject by other conventional tactics have been or will likely be, ineffective in the situation; or there is reasonable expectation that it will be unsafe for officers to approach within contact range of the subject.
Each M26/X26 Advanced Taser® has a data port that stores the date and time of each firing of the weapon. The data protects the officer from claims of excessive force by providing complete and accurate documentation of each firing. The M26/X26 Advanced Taser® falls into the category of Less Lethal Force Technology and Equipment defined as: that force which is unlikely to lead to death or serious physical injury.
III. Procedure
A. The M26/X26 Advanced Taser® shall be issued to and used only by officers who have completed the Cumberland City Police Department’s user or Instructor Taser training program. 41
B. Only properly functioning and charged M26/X26 Advanced Taser® shall be carried on duty.
C. Each discharge, including accidental discharges, of a M26/X26 Advanced Taser® shall be investigated and documented. A Taser Deployment Report shall be completed after each use of the M26/X26 Advanced Taser®. Discharges of the M26/X26 Advanced Taser® during an approved training session, and at the beginning and end of shift testing, will not require routine completion of these forms or further investigation unless an injury occurs during the training session.
D. The M26/X26 Advanced Taser® is programmed to deliver a 5 second “electrical current.” The officer using the weapon can shorten the automatic 5-second cycle by turning the weapon off. It is recommended that during field deployment and use of the weapon, the full 5-second cycle is delivered to gain maximum effectiveness and compliance of the subject tasered.
E. NEVER aim the M26/X26 Advanced Taser® at the eyes or face of the subject. It is laser sighted and the probes are designed to follow a set course consistent with aiming center mass.
F. DO NOT fire the M26/X26 Advanced Taser® near flammable liquids or fumes. The Taser can ignite gasoline and other flammables. Some self-defense sprays are flammable and should not be used in conjunction with the M26/X26 Advanced Taser®.
G. Replace cartridges by the expiration date. All expired cartridges will be turned into the training officer and replaced with new cartridges. Expired cartridges will be sent to the Training Officer for use during training exercises or disposal.
IV. Chief of Police Responsibilities
A. Review each use of an M26/X26 Advanced Taser® by officers.
B. Ensure training on less than lethal devices is provided as needed.
1. A certified M26/X26 Advanced Taser® instructor will conduct training.
V. Shift Supervisor Responsibilities
A. Respond to scenes where the M26/X26 Advanced Taser® has been or is expected to be deployed.
B. Evaluate the scene and ensure appropriate investigative units respond when necessary.
C. Ensure that officers who discharge the M26/X26 Advanced Taser® complete a Taser Deployment Report and CPD Use of Force report.
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D. Ensure the reports are forwarded through the chain of command to the Chief of Police.
E. Investigate each incident where the M26/X26 Advanced Taser® is used on a subject (with actual firing of probes or touch stunning). Review the officer’s incident report and Taser Deployment Report.
F. Ensure the subject that the M26/X26 Taser was deployed on is examined by EMS and/or medical personnel, if requested by the subject.
G. Ensure photographs are taken of the probe penetration sites and any secondary injuries caused by falling to the ground, etc.
H. Ensure that incidents involving any discharge of the M26/X26 Advanced Taser® is investigated and appropriately documented.
I. Ensure that only trained officers are issued and using the M26/X26 Advanced Taser®.
VI. Patrol Officers Responsibilities
A. Upon encountering a situation which may require the use of the M26/X26 Advanced Taser®, request a supervisor and an officer equipped with an M26/X26 Advanced Taser®.
1. If the situation should change and the M26/X26 Advanced Taser® is no longer needed, then the requesting officer should cancel the response of the assisting unit.
B. When practical, do not escalate the situation before the arrival of a supervisor and Taser Officer.
VII. Taser Equipped Officers
A. Carry the M26/X26 Advanced Taser® on duty unless specifically exempted by higher authority.
B. The M26/X26 Advanced Taser® shall be carried in the issued thigh holster or other approved holster.
C. When not in use the M26/X26 Advanced Taser® shall be secured properly in a carrying case and treated as a weapon.
D. Ensure the batteries of the M26/X26 Advanced Taser® are properly charged.
E. Upon request from other patrol officers or a supervisor the Taser equipped officer shall respond to any scene and stand by with the Taser.
F. After discharging the M26/X26 Advanced Taser® the officer shall request a supervisor to the scene, if one is not present.
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1. After a discharge the air cartridge and probes shall be retained and submitted as evidence. The officer should wear protective latex gloves when handling the cartridges and the probes, due to the potential biohazard.
2. The wires shall be wound around the cartridge and the probes inverted into the portals they deployed from. This will prevent the sharp ends from penetrating the evidence envelope.
3. Tape should be placed over the portals to secure the probes in the cartridge.
4. The evidence shall be placed in an evidence envelope and appropriately packaged.
a. A biohazard sticker shall be placed on the outside of the envelope unless the evidence envelope is already clearly marked “Biohazard.”
VIII. Treatment of Persons Subjected to Tasering
A. After securing the subject in handcuffs and other appropriate restraints, the Taser officer shall remove the probes using prescribed methods. However, if the probes imbedded in soft tissue areas, the officer shall require the subject to be treated at a hospital and the probes removed by medical personnel.
1. Removal from clothing or other areas shall be at the discretion of the shift supervisor.
B. Once in custody the E.Van driver shall proceed to the police department, where the subject can be evaluated by the shift supervisor and given the option of obtaining medical treatment for the probe entrance wounds.
C. The treatment of the probe injuries may require the subject to be provided with alcohol swabs and band-aids to place over the injured area after they have been properly photographed and documented.
IX. Use of Force Issues
A. The use of the M26/X26 Advanced Taser® constitutes use of force.
B. The responding officers will have the discretion upon arriving at the scene to use either pepper spray or the M26/X26 Advanced Taser. ®
C. The M26/X26 Advanced Taser® may be used from up to 21 feet away when:
1. The suspect is punching or kicking, or;
2. Threatening to punch or kick, or;
3. Lesser force options are ineffective, or
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4. Likely to be ineffective, or
5. The officer reasonably believes the suspect is a credible threat, or
6. The suspect is a threat from a distance and the officer is at risk of injury if he/she attempts to close the gap.
7. Other deployment considerations include:
a. Imminent threat to officers or others.
b. Suspect actively resisting arrest.
c. Circumstances are tense, uncertain and rapidly evolving. d. Severity of the crime
e. Attempting to evade by fight or flight.
D. Do not deploy the Taser while a police canine is engaged in the apprehension of a suspect or while the dog is attempting to take hold of a fleeing suspect. Occasionally electricity is used in the training of police service dogs and a canine suffering a shock from the Taser could result in the dog receiving what is termed an inadvertent (unintentional) correction. The dog may believe it is being corrected for physically apprehending or attempting to engage a suspect. This inadvertent correction may severely affect the future performance of the dog.
E. The only exception to this would be when the Taser is deployed using the "drive-stun" technique. The M26/X26 may be deployed in this way, but only after coordinating this effort with the canine handler who would protect the dog from any possible contact with the prongs of the M26/X26.
X. Training Unit Responsibilities
A. Provide periodic retraining to certified users and instructors.
B. Co-ordinate training for certification as requested by need of field services or other personnel in the department.
C. Review copies of the Taser Deployment Report for completeness.
D. Maintain training updates from Air Tam International and distribute updates to all department members who are M26/X26 Advanced Taser® users.
1.4.2 Less Lethal Launcher Policy
I. PURPOSE
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This procedure sets forth the Cumberland Police Department’s policy regarding deployment of the FN 303 and JAYCOR Pepperball Less-Lethal Launchers.
II. INFORMATION
The Less-Lethal Launcher is deployed as an additional police tool and is not intended to replace firearms, other less-lethal tools or self-defense techniques. The approved Less-Lethal Launchers may be used to control a dangerous or violent subject when deadly physical force does not appear to be justified and/or necessary; attempts to subdue the subject by other conventional tactics have been, or will likely be, ineffective for the situation at hand; or there is reasonable expectation that it is unsafe for officers to approach within contact range of the subject. Less-Lethal Launchers are extended range impact weapons that have the capability of delivering the following projectile payloads: • OC - Oleoresin Capsicum (primary duty round)
• Marking Paint - washable and permanent. Marking paint rounds may be used when authorized by a Sergeant or above.
Less-Lethal Launchers fall into the category of Less-Lethal Force Technology and Equipment, which is defined as:
“Those items which, when used properly, are less likely to result in death or serious physical injury than force commonly referred to as ‘deadly.”
Less-Lethal Force is defined as: Force that is neither likely to cause death or serious injury, but the possibility of a fatality, however remote, does exist.
III. PROCEDURE
A. Designated officers who have successfully completed the Department’s Less-Lethal Launcher Training Program are authorized to deploy only the weapon system(s) with which they have qualified.
B. Only properly functioning and charged launchers shall be carried in the field.
C. Each discharge, except during training, including accidental discharges, of a Less-Lethal Launcher shall be documented on a Use of Force Report and submitted for review by the Deputy Chief.
D. Although classified as a less-lethal device, the potential exists for less-lethal projectiles to inflict injury when they strike the face, eyes, neck, spine, and groin. Therefore, officers deploying Less-Lethal Launchers shall avoid intentionally striking those body areas.
F. All Less-Lethal Launcher’s will be stored in the supervisors property storage room where they 46
can be checked out and returned during each operator’s tour of duty. All Less-Lethal Launcher’s car/storage safe condition will be in their cases with the safety on and the air valve turned off.
G. An authorized Less-Lethal Launcher may be used:
• When necessary to defend the officer or others from force or the threat of force that could cause injury to any person;
• To effect an arrest of a person whose actions demonstrate Active Resistance or Aggression to the arrest;
• When it would be unsafe or impractical to approach a person to deploy OC from a canister or to use the ASP Baton or Taser;
• When a higher level of force may be justified, but an opportunity exists to use a Less-Lethal Launcher before these other options are deployed;
• When lower levels of force would be ineffective or inappropriate and an arrest of the person is the officers’ objective; or
• With the approval of a Sergeant or above, a Less-Lethal Launcher may be used to disperse an unruly or rioting crowd threatening unlawful property damage or physical violence. A verbal warning shall be given over the public address system of a patrol vehicle or bullhorn prior to deployment to permit the crowd’s participants to disperse.
IV. SHIFT SUPERVISOR RESPONSIBILITIES
A. Review each use of a Less-Lethal Launcher by officers within their command to ensure compliance with this SOP.
B. Upon receipt and review of the Supervisors Use of Force Report, the Deputy Chief or designee, shall ensure that the affected operator receives the necessary replenishment of less- lethal projectiles.
C. Each Shift Supervisor or designee will be issued replacement projectiles. When supplies diminish to within fifty (50) replacement rounds, they may contact the Training Officer or Instructor to arrange for their inventory to be restocked.
V. SHIFT COMMANDER RESPONSIBILITIES
A. Ensure that any incident involving the discharge of a Less-Lethal Launcher is documented on
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a Shift Supervisor’s Report to the Deputy Chief.
B. Ensure that only trained officers deploy the Less-Lethal Launcher system(s) with which they are certified to operate.
C. After each deployment of a Less-Lethal Launcher, forward a report of the Officers Use of force Report to the Deputy Chief, Training Officer and Chief of Police.
VI. SERGEANT’S RESPONSIBILITIES
A. Respond to any scene where a Less-Lethal Launcher has been requested.
B. Complete a Report to the Operations Commander including a Use-of-Force report.
VII. FIELD OFFICER RESPONSIBILITIES
A. Upon encountering a situation that may require the use of a Less-Lethal Launcher, request the assistance of an officer equipped with said launcher.
B. Attempt to maintain proper cover and containment, when practical, and continue de-escalation attempts until the arrival of a Less-Lethal Launcher.
VIII. DISCHARGING OFFICER’S RESPONSIBILITIES
A. Officers shall give a verbal warning, loudly and clearly before dispensing Less-Lethal projectiles, e.g., “303” or “Pepperball” as appropriate;
B. Officers hearing this warning should immediately break contact with the intended target and create distance while less-lethal projectiles are being deployed;
C. Request that a supervisor respond to the scene if not already present.
D. Persons who have been struck by less-lethal projectiles shall be evaluated by the City Ambulance Personal and/or transported to a medical facility for treatment of injuries.
1. Transportation to a medical facility will be by police transport unless on-scene medical personnel or facts and circumstances known by the involved officer(s) make transportation by ambulance a more appropriate option (e.g., the subject is exhibiting signs of excited delirium or is otherwise determined to be experiencing a medical emergency).
2. Officers shall obtain a Hospital Discharge Form from the emergency room physician 48
before transporting an arrested subject to a detention facility.
E. Officers will render appropriate medical aid to persons struck by less-lethal projectiles as directed in the Less-Lethal Launcher’s Standard Operating Procedures and by CPD General Orders that require Officers to render medical aid to injured subjects.
IX. USE OF FORCE ISSUES
A. The use of Less-Lethal Launchers constitutes a Use of Force.
B. Less-Lethal Launchers are placed on the Use of Force Continuum at the High Level.
X. TRAINING SECTION
A. Less-Lethal Launcher Instructors shall:
1. Receive, inspect and ensure the maintenance and replacement of all Less Lethal Launcher Systems;
2. Establish and maintain training and record keeping programs for all Less Lethal Launchers;
3. Return defective or damaged launcher(s) to the supplier;
4. Obtain service and/or replacement for defective or damaged launchers and/or components from the supplier;
5. Provide/coordinate refresher training for all Less-Lethal Launchers during officer training.
6. Provide/coordinate annual inspections of all Less Lethal Launchers.
XI. Instructors/Training Officer: AIR REFILL PROCEDURE
A. The Cumberland Police Department will be equipped with an air refill station consisting of a scuba tank and fill adapter. When the air pressure in the scuba tank falls below 2,000 p.s.i. the Less Lethal Instructors or designee will notify the Training Coordinator to arrange for the tank to be refilled.
B. All station refill tanks will be maintained in compliance with MOSHA standards to include hydrostatic testing of the tanks every five (5) years by the Training Division.
XII. STORAGE OF LESS LETHAL LAUNCHERS
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A. All Less-Lethal Launchers will be stored in gun cabinet in the Supervisor’s Room on the first floor.
B. Certified Less-Lethal Launcher operators may check out the appropriate Less-Lethal Launcher for which they are certified during their tour of duty. All Less-Lethal Launchers will be returned to the storage area upon completion of the officer’s daily tour of duty.
C. Less-Lethal Launchers will not be stored in an unattended vehicle during off-duty hours.
XIII. RE-CERTIFICATION OF LESS LETHAL LAUNCHER OPERATORS
A. Officers must re-qualify annually to maintain their certification to operate Less Lethal Launchers.
B. Annual re-certification will normally be completed during In-Service Training.
XIV. TRAINING AND PRACTICAL DEMONSTRATIONS
A. Only certified Less Lethal Launcher instructors will conduct FN 303 and/or Pepperball Launcher training and/or demonstrations of the equipment. An operator certification level is not sufficient for the purposes of training or demonstrations.
B. No civilian or civilian employee of the department will be exposed to any Less Lethal Launcher during any training program or practical demonstration without prior supervisor approval and completion of and signature on a waiver form.
C. No one under the age of eighteen (18) will be exposed to any Less Lethal Launcher during any training program or practical demonstration.
XV. ONLY THE CHIEF OF POLICE MAY AUTHORIZE EXCEPTIONS TO THIS LESS LETHAL LAUNCHERS, STANDARD OPERATING PROCEDURE
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CUMBERLAND POLICE DEPARTMENT General Order #2 Subject: Agency Jurisdiction and Mutual Aid Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
2.1.1 Jurisdictional Boundaries 2.1.2 Concurrent Jurisdictions 2.1.3 Mutual Aid 2.1.4 Requesting Federal Aid / National Guard
2.1 AGENCY JURISDICTION AND MUTUAL AID
2.1.1 JURISDICTIONAL BOUNDARIES
A. The fundamental geographical boundaries of the City of Cumberland are shown on the Official Zoning District Map and shall constitute the primary area of jurisdiction for officers of the Cumberland Police Department.
1. This map is maintained by the City of Cumberland, Engineering Department, and is periodically updated to reflect current annexations.
2. A current and detailed official map, which includes the boundaries of the department, is always maintained in the Communications Center. Similar maps are maintained in other headquarters and sub-station locations, including the Report Room and Supervisor’s Office.
B. Official geographic boundary records are maintained by the Clerk of Circuit Court, Land Records Office, Allegany County, Maryland.
2.1.2 CONCURRENT JURISDICTIONS
A. Cumberland Police Department will assume all legally mandated responsibilities under Maryland Annotated Code, Art 23A, Section 2 (b)(22) and the Cumberland Charter, Section 37.
1. The agency will perform its duties with the understanding that the Sheriff’s Department of Allegany County has full concurrent authority under the Constitution of Maryland,
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Article IV, Section 44 and who may be called upon under the terms of any mutual aid agreement or applicable statutory authority as outlined in Maryland Criminal Laws Annotated, Title 2, Subtitle 1, Section 2-105.
2. The agency will perform its duties with the understanding that the Maryland State Police has the general duty to safeguard the lives and safety of all persons in the State, to protect property, and to assist in securing to all persons the equal protection of the laws. Maryland Criminal Laws Annotated, Public Safety, Title 2, Subtitle 3, Section 2-301.
B. The City of Cumberland Police Department will not undertake routine patrol or police duties outside the limits of the City of Cumberland, however, members of the Cumberland Police Department may exercise full police authority outside the limits of the City of Cumberland, and in Allegany County whenever they witness a crime or in any emergency situation, in all cases where they pass through Allegany County on routine police duties for the City of Cumberland, or when participating in task force operations where a written agreement has been prepared and mutually executed.
C. Effective law enforcement mandates complete cooperation between members of the Cumberland Police Department and representatives of these other agencies when they must exercise their authority within the city limits.
2.1.3 MUTUAL AID
A. As identified in any Memorandum of Understanding, when an agency is requested to assist, their responding units are considered to be a functional portion of this agency and to be protected by all laws applicable to this agency, yet, likewise, responsible to the public as governed by all laws applicable to this agency.
1. Cumberland Police Department accepts and abides by the conditions of all Memorandums of Understanding it shall enter into.
2. The Chief of Police and/or the Mayor of the City of Cumberland may call upon the Sheriff’s of other counties, the Mayors and/or Chief Executive Officers of other municipalities and/or the Superintendent of the Maryland State Police via the Governor of the State of Maryland to provide additional manpower as needed for riot, insurrection, invasion, disaster or other emergency.
B. Provider agency personnel have legal authority under Maryland Criminal Laws Annotated, Title 2, Subtitle 1, Section 2-105 to perform under a "contractual" agreement.
C. Mutual aid may be requested at any time when, due to limited resources, this agency is incapable of responding with sufficient manpower and/or resources to satisfactorily address any specific incident.
1. Mutual aid is to supplement, not replace, our own agency resources.
2. At least one agency representative must be on the scene of an incident or in close proximity before mutual aid may be requested. 52
D. Any officer in charge of a shift may request mutual aid.
1. Units will be governed by the limitations imposed by any Memorandum of Understanding regarding extent and duration of mutual aid and circumstances requiring higher authority decisions. (See 2.1.4)
E. As per any Memorandum of Understanding, outside units will respond to the ranking officer from this agency who is on the scene.
F. Radio communications will be maintained between the agencies involved in responses involving mutual aid.
1. If at all possible, a tactical frequency will be set up at the scene.
2. The agency will organize communications at a command post in cases of extended emergencies.
G. The agency stipulates there shall be no charge for equipment or labor nor shall the agency be liable for any damages to equipment.
1. Officers and equipment responding to or on the scene of an emergency are entitled to the same benefits under any pension or indemnity fund of their employer and all the rights and benefits of Maryland Criminal Laws Annotated, Title 2, Subtitle 1, Section 2-105.
2. Due to the mutual benefit derived from this agreement there is no necessity for costs to be assessed nor concerns for liabilities and loss management.
H. Mutual aid agreements and all Memorandums of Understanding shall be reviewed annually and, if applicable, revised under the terms of the agreement(s).
1. Mutual aid legislation shall be reviewed annually and appropriate changes, if applicable, shall be made in the policy of this agency.
I. The agency may send a unit or units temporarily to assist Mutual Aid Compact member agencies in the event of an emergency.
1. If an extended emergency utilizing request for our aid exists, the Deputy Chief or his designee will be contacted to ensure proper coverage within the City, whether this requires additional units to be called out for our agency or terminating our assistance with the agency originally requesting our aid.
J. In cases when our agency is utilizing mutual aid units and the emergency becomes extended, this agency will attempt to relieve mutual aid units as soon as practical.
1. The Deputy Chief will be contacted to arrange to call out additional agency units to relieve mutual aid assistance.
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K. The Deputy Chief will keep officers informed of resources and extent of aid this agency can anticipate offering to or receiving from other agencies.
L. In the absence of other controlling directives, the on-duty supervisor shall contact the Officer of the Day for a final determination of commitment/request for mutual aid services or assistance.
2.1.4 REQUESTING FEDERAL AID/NATIONAL GUARD
A. Federal agencies, such as FBI, ATF or Secret Service will not normally be called upon to provide assistance in emergency situations.
1. If such assistance is needed, such request shall be made only by the Chief of Police or the City Administrator.
2. The FBI, ATF and Secret Service may be utilized by this agency or this agency may utilize their services in the normal course of inter-agency cooperation and joint functional responsibilities.
B. The Mayor of the City of Cumberland may request the assistance of the National Guard by appealing to the Governor of the State of Maryland, which assistance may be granted to suppress insurrection or to repel invasion.
1. The Mayor may be requested, through the City Administrator’s office, by the Chief of Police, to make such an appeal to the Governor.
C. The Administrator of the City of Cumberland may request the assistance of the National Guard by appealing to the Governor of the State of Maryland, which assistance may be granted in cases of disaster or attack.
1. The Chief of Police may request the City Administrator to make such an appeal to the Governor.
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CUMBERLAND POLICE DEPARTMENT General Order #11 Subject: Organization Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
11.1.1 Organizational Structure 11.1.2 Organizational Chart 11.2.1 Unity of Command 11.2.2 Organizational Command 11.3.1 Span of Control 11.4.1 Responsibility and Commensurate Authority 11.4.2 Supervisor Accountability
11.1 ORGANIZATIONAL STRUCTURE
11.1.1 ORGANIZATIONAL STRUCTURE
A. The Cumberland Police Department of the City of Cumberland, is organized into an Administrative Division and Operations Division.
B. The Administration Division is comprised of the Chief of Police, the Captain (or Deputy Chief) and the Administrative Services Lieutenant, who is in charge of Administration Operations.
1. The Chief of Police will be responsible for:
a. Fiscal management.
b. Recruitment and coordinating the selection process with the Administration and Operations Commanders and the Training Officer. (See G.O. 32.1.1)
c. The Chief of Police or his designee through participation in Staff meetings and Council meetings will provide Planning and Zoning with input which will enhance crime prevention efforts. (See G.O. 45.2.1)
1) The agency shall provide crime prevention input into the development and/or revision of zoning policies, building codes, fire codes, and residential and commercial building permits. 56
d. Internal affairs. (See G. O. 52.1.1)
1) The Chief will task the Deputy Chief to assign the Criminal Supervisor or other Supervisor of the Cumberland Police Department as an internal affairs function for the purpose of creating a process to ensure the integrity of the agency.
2) The goal of internal affairs is to ensure that the integrity of the agency is maintained through a system whereby objectivity, fairness, and justice are ensured by an impartial investigation and review.
e. Public information function. (See G. O. 54.1.1)
1) The Chief of Police may assign a member of this agency to act as a public information officer, who will be responsible for the release of information, such as at special events, unusual occurrences, and catastrophes.
2. The Deputy Chief (Captain) will be responsible for:
a. Works under the general supervision of the Chief of Police. Exercises supervision over Captains, Lieutenants and other professional, technical, and support staff, as assigned.
b. He/She must exercise considerable discretion, guided by the goals, objectives, policies and procedures established by the Chief of Police.
c. Serves as the department’s liaison with local, state and federal agencies.
d. Organizes and directs operational and administrative staff and personnel. Handles personnel discipline and grievances, submitting final recommendations to the Chief, Handles sensitive personnel issues. Oversees the Professional Standards Division (IID).
e. Oversees and directs the activities of the Patrol Division.
f. Evaluates and maintains changes to policies; develops, new, enhanced or revises existing programs based on current trend and policy direction.
g. Establishes and maintains a working environment conducive to positive morale, individual style, quality, creativity and teamwork.
h. Gathers, interprets and prepares data for studies, reports and recommendations; coordinates department activities with other departments and agencies as needed.
i. Participates in meetings with councils, boards, commissions, civic groups and the general public.
j. Communicates official plans, policies and procedures to staff and the general
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public. Oversees media public relations.
k. Assures that assigned areas of responsibility are performed within budget, monitors revenues and expenditures in assigned areas; assures effective and efficient use of budgeted funds, personnel, materials, facilities, and time.
l. Assist Chief of Police with Emergency Response Team Operations. Provide support and assistance to the Chief of Police in all departmental functions and activities.
m. Provides command direction in highly sensitive incidents.
n. Functions as Chief in his absence
o. Performs related work as designated by the Chief of Police.
3. The Administration Services Lieutenant will be responsible for:
a. Develop and recommend goals and objectives for the Administration Division to ensure compliance with City of Cumberland policy directives;
1) This includes the maintenance of standards manuals and the computerized manual system;
2) To serve as the Accreditation Manager to:
a) Review and update General Orders as necessary;
b) Maintain proof of compliance files, ensuring appropriate reports and information are filed in a complete and timely manner with appropriate materials in the files;
c) Prepare and coordinate mock on sites; prepare and coordinate the on site assessment of the agency;
d) And conduct, prepare, and complete such reports or other tasks as may be necessary to ensure compliance with the standards of the Commission on Accreditation for Law Enforcement Agencies, Inc.
b. Develops, recommends and implements operating policies, procedures and programs within the Administration Division in order to accomplish departmental goals and objectives;
c. Reviews Administration Division performance and determines if any changes are needed;
d. Planning and research functions. (See G. O. 14.1.1)
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e. Supervises those under his immediate control; and f. Prepares records and reports regarding policing activities. g. The Records Section, h. Communications Section, and
i. Vehicle Maintenance.
1) Coordination of warrants and summonses with the Criminal Justice Information System (CJIS) and Maryland Information Law Enforcement System (M.I.L.E.S.). d. The Training Officer shall be responsible for the following functions:
1) Recruitment activities. (See G. O. 31.1.1)
2) The Training Section, which is responsible for scheduling of basic training and advanced training and is responsible for developing and implementing in- service programs, including firearms proficiency.
3) The training function will be administered by the agency's Training Officer, who will be responsible to the Administrative Commander for planning, administration, and reporting of the training function.
4) The Training Officer shall provide to the Administration Commander at least bi- annual reports on the progress of training and prospective training for the following six month period.
5) The training function have the following duties and responsibilities:
a) specifying its activities to ensure that all training and training-related activities are being addressed and to ensure accountability for efforts, with these activities being conducted within the framework of agency goals and in cooperation with all organizational units;
b) planning and developing training programs; c) notifying personnel of required training and training that is available to agency personnel;
d) maintaining training records;
e) ensuring that required training programs are attended; f) implementing training programs;
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g) selecting instructors, preferably utilizing instructors who have been certified as instructors by Maryland Police and Corrections Training Commission, emphasizing that the agency's training officer(s) will be utilized as much as possible, while utilizing other member's skills, knowledge, and abilities to develop and implement training programs and using other resources and extra-departmental personnel with comparable qualifications to complement this agency's resources and personnel;
h) evaluating training programs, which will include requiring course critiques from all employees who attend classes outside of this agency; and
i) coordinating training programs between and among other agency components and among its members.
6) The training function will incorporate a program of career development with training plans, which should:
a) foster the improvement of personal skills, knowledge, and abilities of all personnel so that they can successfully perform agency tasks;
b) be voluntary and ensure all sworn employees equal access to training and development opportunities;
c) highlight specific opportunities for individual growth at all levels and to improve overall job satisfaction and performance;
d) further the employee's professional growth and capabilities in the present future position within the agency; and
e) include career counseling and in-service training as principle components.
7) The training officer will be responsible for ensuring that every officer receives or is scheduled to receive certain mandatory courses, which will be identified in goal setting by the Division Commanders, Chief of Police, and career development officer to include courses for specialized assignments or functions. (See G. O. 33.6.1)
8) Documentation and consideration of college curriculum attended by the officer and initiated and/or planned by the agency shall be included in career development. (See G.O. 35.1.1)
d. Support Services is comprised of clerical personnel, Records Section, Communications Section, and the Evidence Control / Vehicle Maintenance Officer
1) The Records Section is responsible for the maintenance of reports and records of this agency.
a) The Administrative Sergeant will act as the Records Retention Officer for this agency. (See G. O. 82) 60
b) The agency's central records function will include:
• Reviewing reports after they have been approved by a shift supervisor, who will be responsible for initially coding the reports.
• Controlling reports by coding criminal arrests for UCR purposes, and copying and distributing reports where necessary.
• Maintaining reports, including cross referencing, filing, and purging records.
• Retrieving reports.
e. The School Resource Officer is assigned during school months to implement this educational program in the Allegany County school system.
1) The SRO program is provided for students in the 4th, 5th, and 8th grades to provide education, role modeling, and support for young adults.
2) The purpose of the program is to provide positive models and affirmative alternatives for youth with the expressed purpose of reducing crime and establishing positive relations with the youth and the communities in which they live.
C. The Criminal Supervisor will be responsible for:
1. Planning, analysis, inspection, and coordination of the agency's police traffic services programs. (See G. O. 61.1.1)
2. Act as Liaison between the Patrol Section and the Combined County Criminal Investigation Unit (C3I)
3. The Criminal Supervisor shall maintain case files on any incident which involves serious physical harm or death, serious potential for litigation against the City and/or the Cumberland Police Department, and other cases designated by the Chief of Police in a separate secure file area.
a. Case files shall be maintained in a jacketed folder, the original of which shall be filed in a separate secure file area and a copy filed in the normal case file location.
D. The Operations Division is comprised of a Patrol Section, Selective Traffic Enforcement Unit (DWI and/or Speed Units), Warrant Unit, K-9 Unit, and Community Policing Section.
1. The Patrol Section is primarily responsible for routine law enforcement duties, including, but not limited to, patrol, traffic law enforcement, investigation of accidents, preliminary investigation of crimes, calls for public service, and for maintaining the general health, welfare, and peace in the community. (See G. O. 41.1)
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a. The major tasks of the patrol function of the agency include, but are not limited to:
1) Preventive patrol oriented toward prevention of crimes and accidents, maintenance of public order, and the discovery of hazards and delinquency- causing situations;
2) Crime prevention activities;
3) Response to called-for services;
4) Investigation of crimes, offenses, incidents, and conditions, including arresting offenders;
5) Traffic direction and control;
6) Regulation of certain businesses or activities as required by law;
7) Maintenance of public order;
8) Provision of emergency services;
9) Development of relationships between citizens and the agency;
10) Reporting of information to appropriate organizational functions.
b. Basic law enforcement services will be available on a 24 hour a day basis.
1) Members of the public shall be able to contact this agency at any time and receive prompt response to emergency situations.
c. The Patrol Section includes a canine team. (See 41.1.4).
d. The primary responsibility for delivery of police traffic related services and traffic law enforcement rests with the Patrol Section. (See G. O. 61.1.1)
1) The degree and level of specialization within this agency will vary from time to time depending upon the level of available resources and clearly identified needs.
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2) The Patrol Section will have responsibility for the following:
a) Technical accident investigation, accident investigation, and accident reporting; (See G. O. 61.2.1)
b) Operation of speed measuring devices; (See 61.1.9)
c) Operation of breath test equipment; (See 61.1.11)
d) Parking/congestion control;
e) Liaison with traffic safety groups.
e. The Patrol Section, in conjunction with other members of the agency, will maintain a close working relationship with traffic engineering authorities and other officials to plan and implement traffic direction and control services for the community. (See G.O. 61.3.1)
1) Because any officer of the agency may be called upon to carry out traffic direction and control functions in response to unanticipated needs, the agency will provide training in the basic skills and knowledge required for those functions.
f. The patrol officer who initially takes responsibility for a crime scene will be responsible for securing and protecting the crime scene.
1) The shift supervisor will be responsible for determining if a crime scene technician will be necessary at the scene to process the scene.
2. The Cumberland Police Department adopts community oriented policing as an organizational philosophy and will develop procedures to implement community oriented policing.
a. Implementation includes but is not limited to developing operational procedures, developing and/or revising policy statements which accurately reflect the philosophy and operational procedures, develop and/or enhance community relations and communication essential to the philosophy, and enhance communications and responsibilities within the Cumberland Police Department.
b. Employees are encouraged and expected to enhance communications within the Department and the community. (See 45.2.1, 45.2.2)
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11.1.2 ORGANIZATIONAL CHART
A. The Cumberland Police Department will have an organizational chart which shall be included in annual reports.
1. This chart will be available to all personnel by its inclusion in the report and may be copied by members of the agency.
B. The organizational chart shall be reviewed at least annually, revised if needed at the time of review, or as needed to due to additions or deletions in the structure.
Cumberland Police Department Organizational Chart
City of Cumberland Police Department
Administrative Associate Chief of Police II
Captain Deputy Chief of Police
Accreditation Manager/ Criminal Supervisor/ Training/Grants Property Room/ Shift Shift Shift Lieutenant (1) CJIS/NCIC Term. Cord. 0700-1500 1500-2300 2300-0700 Lieutenant (1) Lieutenant (1) Lieutenant (1) Lieutenant (1) Sergeant (2) Sergeant (2) Sergeant (2) Corporal (2) Corporal (1) Corporal (2) Central Records C3I Investigations Patrolman (7) Office Associate I (1) Sergeant (1) Patrolman (8) Patrolman (6) Corporal (1) Patrolman (2) Office Associate III (1) Maintenance Sergeant/K-9 (1) Patrolman K-9 (1) Patrolman K-9 (1) Maintenance Mech. (1) C3I Narcotics Corporal/SRO (1) Corporal (1) Chief (1) Patrolman (1) Captain (1) Pkg. Enforcement (1) Lieutenant (5) Office Associate I (1) Sergeant (8) Corporal (8) Court Service/Fugitive Patrolman (1) Patrolman (27) Office Associate (4) Revised 02/13/07 Maintenance (1) Pkg Enforcement (1)
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11.2 UNITY OF COMMAND
11.2.1 UNITY OF COMMAND
A. Each employee shall be directly accountable to only one supervisor at any given time.
11.2.2 ORGANIZATIONAL COMMAND
A. Each organizational component is under the direct command of one and only one officer.
11.3 SPAN OF CONTROL
11.3.1 SPAN OF CONTROL
A. The Chief of Police shall have immediate control of the Captain of the Police Department.
B. The Captain shall have immediate control of the line supervisors (Lieutenants) in the Divisions.
C. The line supervisors (Lieutenants) shall have immediate control of officers of lower rank on their shift.
1. Each line supervisor should not supervise more than eighteen (18) officers on any particular shift.
2. Each line supervisor should not have more than a total of ten (14) officers under his/her direct control.
3. Officers on a particular shift should be guided by the direction and authority of officers senior in time or grade, but officers on a particular shift will be primarily responsible to their regularly assigned shift supervisor.
a. If a conflict exists between a relief supervisor and the regular shift supervisor, the officer will obey the commands/directions given at the time, but should ask for a resolution of the conflict in direction and control be made as soon as possible following the conflict. (See G. O. 12.1.3)
D. Special circumstances (disasters, special events, etc.) might dictate that the span of control be larger for short periods of time, however, under normal operating conditions, the agency will adhere to the above span of control.
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11.4 AUTHORITY AND RESPONSIBILITY
11.4.1 RESPONSIBILITY AND COMMENSURATE AUTHORITY
A. Each member of the agency will assume the authority to carry out any and all duties and responsibilities which are delineated in these orders, by personnel policy, by Charter, and/or by any law or ordinance governing any particular member's conduct.
B. In keeping with delegated authority, duty, and responsibility, each member shall be strictly accountable for his use of authority.
1. Members are accountable for their authority, particularly when it can be construed to amount to misfeasance, malfeasance, or nonfeasance.
11.4.2 SUPERVISORY ACCOUNTABILITY
A. The primary responsibility for the performance of an employee rests upon the employee's immediate supervisor.
B. The administration of discipline of an employee is the responsibility of the Chief of Police.
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CUMBERLAND POLICE DEPARTMENT General Order #12 Subject: Direction Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
12.1.1 Chief Executive Officer Authority and Responsibility 12.1.2 Precedence of Rank 12.1.3 Obedience to Orders 12.1.4 Procedures for Communication, Coordination, and Cooperation 12.2.1 Written Directives and Review 12.2.2 Distribution of Directives
POLICY: Written Directives in the form of General Orders are issued to announce adoption or revision of policies and to direct procedures for the indefinite future.
12.1 DIRECTION
12.1.1 CHIEF EXECUTIVE OFFICER
A. The Chief of Police of the Cumberland Police Department shall have the authority and responsibility for the management, direction, and control of the operations and administration of the agency.
12.1.2 PRECEDENCE OF RANK
A. The Chief of Police may designate a subordinate officer as "Acting Chief of Police" to perform the duties of the Chief of Police in his temporary absence from the Police Department or during his disability.
1. A memorandum may be used for notification of the appointment of Acting Chief.
B. If such designation has not been made and the Chief of Police is absent from the Police Department or unable to perform his duties or to make such designation, the City Administrator shall make such designation.
C. The precedence of rank and command, which shall apply to exceptional situations, situations involving personnel of various functions engaged in the same operation, and in 67
normal day-to-day operations, in descending order in the Cumberland Police Department shall be Chief of Police, Captain, Lieutenant, Sergeant, Corporal, and Patrol Officer.
1. Seniority (command protocol) in the department is based first by rank and then by aggregate time in grade.
2. At the scene of any incident, the ranking officer shall assume command of police personnel in a manner to ensure the most efficient and effective use of resources.
a. If two or more officers of the same rank are present, the officer from the component that will ultimately take charge of the scene or investigation will assume command.
3. Members will act under the command of the most senior officer present, unless otherwise directed by a higher ranking officer or supervising officer.
4. Command personnel will make certain that all officers know who is in charge of a scene and to whom they are to report.
12.1.3 ORDERS
A. Members of the agency shall strictly obey and properly execute any lawful order emanating from any superior officer.
1. The term "lawful order" shall be interpreted as an order in keeping with the performance of any duty prescribed by law, rule, procedure, or regulation of the agency, or for the preservation of order, efficiency or proper discipline.
B. The member shall obey any order relayed from a superior officer by a member of the same or lesser rank.
C. If a member receives a conflicting order, the member will inform the officer issuing the order of the conflict.
1. The officer countermanding an order will assume responsibility for the new order and any and all consequences and will be responsible for notifying the person issuing the original command of the action taken and the reason therefore.
2. If so directed, the latter command shall be obeyed first.
D. No member shall obey an unlawful order.
1. The term "unlawful order" is defined as any order which would violate ordinance, statute, or Federal law.
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2. This incident shall be reported to the next higher supervisor in the chain of command as soon as practical.
12.1.4 COMMUNICATION, COORDINATION AND COOPERATION
A. The patrol function will encourage and support the exchange of information with specialized and support functions for the purpose of coordinating performance.
1. Information shall be communicated by encouraging the attendance of investigative personnel at patrol roll calls and staff meetings, providing agency functions with any bulletins, and allowing supervisors in other functions to review and provide input on divisional directives.
B. Staff meetings will be utilized to encourage communication and dissemination of information among and between the functions of this agency.
1. Staff meetings will be held monthly, to include the Chief Executive Officer and his immediate subordinates.
12.2 WRITTEN DIRECTIVES
12.2.1 WRITTEN DIRECTIVES
A. The Chief of Police has the sole authority to approve, issue, amend, or revoke written directives.
B. Directives will consist of General Orders, Special Orders, Personnel Orders, and Training Bulletins.
1. General Orders will be permanent statements, to include policy, procedure, and rules and regulations, numbered to correspond to CALEA standards, to be issued, modified, or rescinded only by the Chief of Police, and to be reviewed as directed by CALEA standards or as otherwise directed.
2. Special Orders will be issued on a special or temporary basis to address special activities, superseding General Orders, to last for the duration of the special activity or until adopted as a General Order, and may be issued by the Chief of Police, Commander of Administration or Commander of Operations.
a. Special Orders may be distributed on paper in a Training Bulletin or in Special Order format as deemed necessary.
b. Special Orders will be reviewed annually for incorporation into General Orders, if applicable.
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3. Personnel Orders will be issued to affected personnel for ancillary duty assignments, shift assignments, promotions, and other personnel assignments, and are to be issued by the Chief of Police.
a. Personnel Orders will be formatted on the computer for access and review for all personnel and will be referenced to the applicable position description.
4. Training Bulletins will be issued to personnel for disseminating pertinent training information.
a. Training Bulletins may be distributed on paper as deemed necessary for appropriate documentation of distribution.
5. Changes to written directives will be disseminated to all personnel.
C. The directives will conform to the basic format of the Standards Manual of the Law Enforcement Agency Accreditation Program and shall be indexed, updated, revised and/or purged in accordance with CALEA standards and as otherwise provided in directives.
D. The directives system for the Cumberland Police Department shall serve as the statements of policy and shall delineate authority, responsibility, purpose, function, procedure, and evaluation of all phases of operations.
1. Directives shall address all issues of agency policy, rules and regulations, and orders of the Cumberland Police Department.
E. The directives shall identify the procedures for carrying out agency activities.
F. General Orders, Special Orders, Personnel Orders, and other memorandum of note will be reviewed annually at the direction of the Chief of Police to review all divisional publications, particularly all standing Special Orders for possible incorporation into the General Orders Manual.
1. General Orders will be disseminated to all supervisors for review and input prior to implementation.
2. Written directives affecting specific line operations will be reviewed in line function meetings.(See General Order 12.1.4)
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12.2.2 DISTRIBUTION OF DIRECTIVES
A. The agency's directives system shall be stored in computer and shall be available to all personnel in manual form.
1. A written acknowledgment of understanding will be required for all General Orders, a copy of which will be kept in each members personnel file.
2. A written receipt will be required of all personnel in components affected by addendums or revisions to General Orders and of all personnel in components affected by Special Orders.
a. Shift Commanders shall be responsible for acknowledging the receipt of this material by their personnel.
B. Paper copies of complete manuals and modules will be distributed to the City Personnel Director and will be maintained in the Training Office, at the Shift Commander’s desk and with all other command personnel.
1. The Accreditation Manager shall keep a master copy of all written directives, manuals, and modules on computer file with a current backup in storage.
2. The Accreditation Manager shall be responsible for all addendums to the directives.
C. The annual review and changes to the General Orders shall be distributed in the form of a training bulletin, which shall be distributed to all personnel.
1. Supervisors shall be responsible for acknowledging the receipt of this material by all personnel.
2. Copies of Special Orders and Personnel Orders shall be distributed to each affected employee.
3. Training Bulletins will be distributed to supervisors for distribution.
a. Supervisors shall be responsible for acknowledging the receipt of this material by their personnel.
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CUMBERLAND POLICE DEPARTMENT General Order #13 Subject: General Management Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
13.1.1 Administrative Reporting System 13.1.2 Accountability Review of Agency Forms 13.1.3 Accreditation Reviews 13.1.4 Reports used at Preliminary Hearings 13.1.5 Diversion Programs 13.2.1 Goals and Objectives 13.2.2 Component Evaluation 13.2.3 Multiyear Plans
13.1 GENERAL MANAGEMENT
13.1.1 ADMINISTRATIVE REPORTING SYSTEM
A. Administrative reports include:
1. Annual reports,
2. Quarterly reports,
3. A variety of periodic reports required by policy and/or accreditation standards, and;
4. Daily reports, generated by shift supervisors used to indicate significant activities and to pass on information to the next shift.
B. The Chief of Police will be responsible for assembling data and other information to effectively and efficiently operate the Cumberland Police Department.
1. The Chief of Police may assign officers the responsibility of forwarding certain information to the office of the Chief.
2. Components and sections will be responsible for submitting periodic reports to the Chief of Police specifying information required by CALEA standards.
72 a. Records Section will also be responsible for submitting information necessary to complete the Uniform Crime Report, which is to be forwarded to the F. B. I.
3. The Chief of Police, in conjunction with officers responsible for sections, components, functions or those with special duties and responsibilities, will prepare an annual report detailing the activities and performance of the agency and its members.
C. The agency will use quarterly and yearly reports:
1. To assist in allocating personnel and other resources, and may also use these reports, in conjunction with projections made by other city departments, to assist in preparing budgets and other requests for anticipated needs.
2. In conjunction with case reports to provide profiles for UCR/NIBRS reporting.
3. To set departmental goals and objectives, to assist bureaus in developing short term and long range objectives, and to evaluate progress toward goals and objectives.
4. Other reports, such as periodic accreditation reports, will be used to ensure compliance with policy and standards and to assess progress toward goals outlined by the agency.
D. In addition to the bi-monthly report, which contains summaries of calls for service, officer activity, arrests and reports, training, community relations/crime prevention activities, and other summaries, the annual report, which will act as a summary of the bi-monthly reports, will contain a statement of goals and objectives for the following year and an analysis of progress toward goals and objectives of the preceding year.
1. A matrix will serve as a guide for the frequency of other reports necessitated by policy and is utilized as documentation of review of periodic reports, reviews, and other activities mandated by accreditation standards. (See 13.1.3)
E. The distribution of reports shall include:
1. Annual reports, which shall be distributed to City Council members, the Chief of Police, the Administration and Operations Commanders, and the Accreditation Manager.
a. Additional copies will be maintained for distribution as requested.
2. Quarterly reports, which shall be distributed to City Council members, the Chief of Police, the Administration and Operations Commanders, and the Accreditation Manager. a. Additional copies will be maintained for distribution as requested.
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3. Accreditation reports, which shall be distributed as indicated on the matrix for reports and as indicated on the report itself.
4. Information concerning calls for service, reports, and arrests will be tabulated on the computer aided dispatch and will be available to officers for inquiry or summaries.
a. The Combined County Criminal Investigation Unit (C3I) will be encouraged to submit information at roll call concerning cases and arrests.
b. This may include the activity sheets printed out by shift supervisors to review the activities of the previous shifts and to pass on information during roll call.
13.1.2 ACCOUNTABILITY/REVIEW OF AGENCY FORMS
A. A variety of forms and procedures are necessary to protect the agency and agency members from accusations of financial impropriety and to ensure accountability for forms and property.
B. Any property received or released by a member of the agency will be accompanied by an appropriately signed receipt.
1. This may be accompanied by an evidence card and an impound number.
C. Traffic citations, parking citations, and summonses will be kept under strict control.
1. Traffic citations and summonses shall be kept in a cabinet or file in the Traffic Clerk’s care.
2. Court summonses received by the Chief’s Office will be sent to the respective officer’s shift and distributed to the officers.
3. The traffic citation accounting tab will include the name of the officer signing for the citations, the citation numbers, and the date the citations are issued to the officer.
a. Each officer is responsible for every citation signed out.
b. If a citation is given to another officer to use, the officer the citation was issued to will sign the citation as well as the officer that used the citation.
c. Voided citations must have the officer’s full signature in the proper place, a report to the Chief of Police as to why the citation was voided, and all copies must be turned in.
d. Unused traffic citations will be turned into the Traffic Clerk when:
1) An officer resigns, retires, or is terminated
2) Recalled by the Motor Vehicle Administration 74
4. Criminal Statement of Charges will be kept locked in the Supervisor’s supply closet. When an officer makes a criminal arrest, the Supervisor shall note the tracking number, person arrested and the arresting officer’s ID number on the accountability sheet.
a. Extra criminal statement of charges forms will be kept locked by the Administrative Sergeant in the office supply closet
D. Other forms and documents used by the agency (offense reports, accident reports, etc.) are for official use only.
1. These forms are to be used only for the purpose intended and are not to be distributed outside the agency.
2. Letters issued on official Cumberland Police Department stationery must be authorized and signed by the Chief of Police.
a. All external agency written correspondence using department letterhead will be reviewed by the Chief of Police prior to dissemination.
b. The Chief of Police will review the particular correspondence and determine whether his signature should also appear on the document.
c. Any external written correspondence that is repetitive, such as a form letter, need only be reviewed once by the Chief of Police.
1) Once initial review and approval has been received, that is sufficient for future correspondence of the same nature.
3. Property and vehicle impound forms are to be sequentially number by the officers as they are used.
E. Agency forms will be developed or modified and reviewed and approved periodically, as indicated by a revision or publication date on the form.
1. The forms control officer shall be responsible for ensuring all forms are reviewed periodically and shall be responsible for ensuring forms have been approved prior to use and/or distribution.
2. All agency forms and other paperwork will be completed in BLACK or DARK BLUE ink. No other ink is authorized.
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13.1.3 ACCREDITATION REVIEWS
A. The Accreditation Manager for the Cumberland Police Department will be responsible for ensuring that periodic reports, reviews, and other activities mandated by applicable accreditation standards are accomplished.
1. Position descriptions and personnel orders shall specify the particular reports and activities that are the responsibility of various functions and/or components.
2. Periodic audits shall be conducted according to a schedule established by the Internal Inspection Process to ensure compliance with accreditation standards, reporting, and record keeping.
a. A written report of the results of this audit shall be furnished to the Chief of Police by the Accreditation Manager, including recommendations to rectify deficiencies.
3. A matrix will serve as a guide for the frequency of other reports necessitated by policy and is utilized as documentation of review of periodic reports, reviews, and other activities mandated by accreditation standards. (See 13.1.1 (D))
13.1.4 REPORTS USED AT PRELIMINARY HEARINGS
If an officer is summoned to appear in court, whether District, Circuit or Juvenile, the officer must obey the summons. Reports will only suffice in lieu of the officer if approved by the State’s Attorneys Office prosecuting the case.
13.1.5 DIVERSION PROGRAMS
A. The agency shall work in conjunction with the courts in making recommendations for diversion programs in lieu of or in addition to traditional criminal justice punishments.
1. Members of this agency may make recommendations to parties involved in a case for mutually acceptable alternatives involving social service agencies prior to formal criminal justice proceedings.
2. The agency will recognize the rights of victims to also approach the courts with recommendations.
B. Cases involving juveniles may be handled by diversion programs preceding formal court hearings.
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13.2 GOALS AND OBJECTIVES
13.2.1 GOALS AND OBJECTIVES
A. Written goals and objectives will be formulated for the agency and for each organizational function.
1. Input from all personnel may be submitted in writing through chain of command or through staff meetings regarding objectives, operations, and other matters concerning the division.
B. Written objectives will be updated at least annually.
1. Objectives for the agency shall be based on the statistics of the preceding year or as interim data become available.
C. Copies of written goals and objectives will be available to all personnel.
13.2.2 COMPONENT EVALUATION
A. The officer in charge of each organizational component will submit, as a part of the annual report, an evaluation of progress made toward obtaining written goals and objectives.
B. Staff officers are encouraged to submit evaluations with their monthly reports, detailing progress in general and/or regarding specific aspects of operations.
13.2.3 MULTIYEAR PLANS
A. The agency's multiyear plan will include long term goals and operational objectives for the agency.
1. At least annually, recommendations will be made for new goals, modified goals, or deleted goals and recommend objectives to accomplish existing and proposed goals.
B. The agency must function in conjunction with other segments of City government in formulating outlooks on anticipated growth, development, population, and zoning, which will affect agency workload.
C. Agency personnel levels and assignments may be projected based on anticipated workload.
D. Through projections, current needs assessments, and past history, the agency will develop short and long term capital improvements and equipment requests.
E. The plan shall be reviewed and revised annually, as needed.
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CUMBERLAND POLICE DEPARTMENT General Order #14 Subject: Planning and Research Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This section contains the following:
14.1.1 Planning and Research Functions 14.1.2 Responsibility for Planning and Research 14.1.3 Distribution of Reports
14.1 ADMINISTRATION
14.1.1 PLANNING AND RESEARCH FUNCTIONS
A. Goals and objectives will be formulated through meetings of Staff officers.
B. Budgets will be formulated by each section or function and submitted for review and revision by the Chief of Police, for the final budget proposal to be submitted to the City Administrator and the Mayor and City Council.
C. Case and arrest statistics will be compiled by the Criminal Supervisor to assist in formulating schedules and demonstrating needs for personnel.
1. Calls for service will be analyzed for response time, discretionary patrol time, etc. to determine staffing levels.
D. Traffic flow, accident statistics, citations, and arrests will be compiled to assist in formulating schedules and demonstrating needs for personnel.
1. Traffic analysis will be done by the Traffic Liaison Officer in conjunction with the City Engineer.
E. Certain Department needs may be met through the assistance of Federal and State grants and information should be compiled and analyzed which may assist in procuring such aids.
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14.1.2 RESPONSIBILITY FOR PLANNING AND RESEARCH
A. While the resources available to the Cumberland Police Department do not allow for an agency planner, planning and research is still a priority for this agency.
1. The Chief of Police and the Administive Lieutenant shall be primarily responsible for the planning and research function and shall coordinate the activities to be conducted for this function.
14.1.3 DISTRIBUTION OF REPORTS
A. Communicating the agency's short term and long term plans, as well as the objectives and mission, to the department employees is essential.
1. Subsequently any report formulated through the planning and research function will be distributed to the affected agency component(s).
2. Planning and research materials will additionally be available in the training/resources room.
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CUMBERLAND POLICE DEPARTMENT General Order #15 Subject: Crime Analysis Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This section contains the following:
15.1.1 Crime Analysis Procedures 15.1.2 Crime Analysis Factors
15.1 CRIME ANALYSIS
15.1.1 CRIME ANALYSIS PROCEDURES
A. Crime analysis will be based on incident reports, case investigation reports, and arrest summaries.
1. Data will be collected from offense reports (burglaries, vandalism/ damaging, theft, etc.) through the use of a database.
2. Data will be collated in the database, which provides summaries of activity by area and date, time of day, and day of the week
B. Data will be analyzed by date of occurrence, time of occurrence, location of occurrence, and nature.
C. A knowledge of any situation, person, property, or place that may induce an incident calling for some law enforcement action helps officers perform more effectively.
1. Information relating to these police hazards should be compiled and included in roll call and, if the hazard needs more analysis (e.g. persons gathering in a certain area indicative of organized crime) the information should be specifically forwarded to the appropriate agency component.
2. Officers are encouraged to make suggestions about methods to alleviate these hazards.
D. Crimes analysis will document the frequency of types of crimes, time of day and day of the week when crimes occur (temporal distribution) and location of crimes (geographic distribution).
1. Computer generated reports will be used to document the geographic distribution of offenses.
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E. Crime analysis information will be released in staff meetings to acquaint the Chief of Police and the Deputy Chief with current trends and will be summarized in monthly reports to the Chief of Police.
1. The Supervisory representative for the Combined County Criminal Investigation Unit (C3I) will disseminate the same information in C3I staff meetings.
2. Analyzed crime information will be disseminated to patrol units via meetings held by the Operations Commander with his line supervisors. (See G.O. 12.1.4)
3. Monthly updates, which detail offense reports, arrests, and field interrogation information, will serve as the distribution of crime analysis information to outlying agencies.
a. Updates may be in the form of E-Mail messages sent to agencies tied into the Cumberland Police Department computer system. These agencies include:
1) The Maryland State Police, Barrack “C”;
2) Allegany County Sheriff’s Office;
3) Frostburg Police Department;
4) Westernport Police Department;
5) Lonaconing Police Department;
6) Frostburg University Police Department; and
7) Combined County Criminal Investigation Unit (C3I), which also includes the C3I Narcotics Task Force.
4. The Cumberland Police Department may release summaries to local newspapers for public information.
F. Feedback analysis and program evaluation will be conducted on an annual basis by the Criminal Supervisor and will be reported to the Chief of Police.
G. The Criminal Supervisor will notify the Chief of Police through staff meetings and through quarterly reports of crime patterns or trends.
1. The dissemination of this information in staff meetings will allow the Patrol component to also be aware of crime patterns and trends and to be able to prepare counteractive measures.
2. Although it is difficult to be able to measure crime reduction through proactive rather than reactive measures, Operations will attempt to examine the effects of preventive measures.
3. This agency will strive to scrutinize and evaluate programs or strategies specifically designed to reduce crime through detection and apprehension.
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a. By showing that such programs are effective and cost efficient in terms of expenditures vs. property loss or damage, future programs may be more easily justified.
b. By showing that particular programs are effective, it may allow other trial programs to be justified, providing their efficiency and effectiveness are scrutinized and evaluated.
15.1.2 CRIME FACTORS
A. Among the factors to be considered in crime analysis are:
1. Frequency of types of crimes;
2. Distribution of location of crimes;
3. Times when crimes occur;
4. Persons and/or businesses targeted by crimes;
5. Suspect information;
6. Suspect vehicle information;
7. Modus operandi; and
8. Physical evidence information.
B. Crime analysis should consist of analyzing and collating the above data to identify similarities in offenses and patterns of crimes, identifying suspects by commonality of suspect information, field interrogations, modus operandi, etc., and correlate crimes with suspects in custody or for whom warrants have been issued.
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CUMBERLAND POLICE DEPARTMENT General Order #16 Subject: Allocation and Distribution of Personnel Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
161.1. Staffing Table 16.1.2 Workload Assessments 16.2.1 Evaluation of Specialized Assignments 16.2.2 Specialized Assignment Selections 16.2.3 Temporary/Rotating Assignments 16.4.1 Auxiliary Program 16.4.2 Auxiliary Training 16.4.3 Identification of Auxiliaries 16.5.1 Civilian Positions
16.1 ALLOCATION AND DISTRIBUTION OF PERSONNEL
16.1.1 STAFFING TABLE
A. The agency has a position management system which provides the following information and which will be included in periodic published reports, i.e. quarterly and annual reports:
1. Identify the number and type of each position authorized in the agency's budget.
2. Location of each authorized position within the agency's organizational structure.
3. Position status information, whether filled or vacant, for each authorized position in the agency.
16.1.2 WORKLOAD ASSESSMENTS
A. The agency will allocate personnel to organizational components based on workload assessments.
1. Allocations will be based on the nature and number of tasks, complexity of tasks, and average time required for tasks in addition to time lost for days off, holidays, and other leave as compared to total time required for each patrol assignment.
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2. Patrol personnel will be distributed in accordance with temporal and geographic distribution of incidents.
B. The Chief of Police or his designee will at least annually reassess the workloads of each organizational component and allocate personnel accordingly.
C. Workload assessments should be documented and should include an outline of calculations, sources documents, and personnel involved in the assessment process.
16.2 SPECIALIZED ASSIGNMENT
16.2.1 EVALUATION OF SPECIALIZED ASSIGNMENTS
A. Specialized assignments shall be evaluated at least annually.
1. Specialized assignments are defined as full time assignments which are posted and which require specialized training.
2. The positions recognized by this agency as specialized assignments and their purposes are:
a. Canine Officer, to provide enhanced capabilities for drug interdiction, building searches, tracking, and public relations;
b. Community Relations Officer, to act as the primary liaison between the community and the patrol division for developing and delivering crime prevention and other community service programs;
c. School Resource Officer, to develop and implement the Drug Abuse Resistance Education program within the public school system, liaison between the Board of Education and to create a positive public image within the community;
d. C3I Investigator, to be responsible for primary and follow-up criminal investigations occurring in the City as well as Allegany County, to work with the officers and members of the agencies participating in the Combined County Criminal Investigation Unit. This special assignment also includes officers assigned to the Allegany County Narcotics Task Force.
e. DWI Officer, to be responsible for the gathering of information to forward to the State’s Attorney’s Office for the prosecution of DUI/DWI cases and the enforcement of DUI/DWI laws.
f. Warrant/Fugitive Officer, to be responsible for the primary service of warrants and summonses issued by the District and Circuit Courts in Allegany County, Maryland. This officer will serve papers from other jurisdictions when the wanted person is in this city.
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C. The agency will annually evaluate each specialized assignment to determine if the situation or condition that prompted the implementation of the position still exists.
1. The agency will determine if the assignment is still necessary or if modifications to the assignment need to be made.
16.2.2 SPECIALIZED ASSIGNMENT SELECTIONS
A. The agency will make written announcement of openings for specialized assignments, the selection criteria, and the selection process to all members of the agency. All announcements and selections will be made in accordance to the contract between the City of Cumberland and the Fraternal Order of Police Lodge #90, Article VII, Sections 5 and 6.
B. The agency shall maintain a list of criteria, based on skill, knowledge, and abilities, for each specialized assignment which should include any necessary formal education and length of experience required.
C. An inventory of Position Descriptions is maintained on file in the Training Room and the Chief’s Office.
16.2.3 TEMPORARY/ROTATING ASSIGNMENTS
When openings are created for a temporary or rotating assignment, a memorandum will be issued listing the temporary or rotating openings and the duties, responsibilities, required qualifications and the date the interviews or selected method of candidate assessment will begin. All postings and selection will follow guidelines in accordance with the contract signed by the Fraternal Order of Police Lodge #90 and the City of Cumberland, Article VII, Sections 5 and 6.
16.4 AUXILIARIES
16.4.1 AUXILIARY PROGRAM
A. The Cumberland Police Department will utilize civilian volunteers in a variety of positions in support of activities conducted by other department personnel.
1. Auxiliaries are volunteers, primarily from within the community, who wish to serve the public and will serve in non-sworn status only. This includes the use of civilians from any of the colleges or universities in the area that wish to serve an internship with this department.
2. Auxiliaries will not be assigned to duties which require sworn officer status.
B. Auxiliaries may be requested to perform a wide variety of duties, including but not limited to assisting clerks with various functions, preparing research on various projects, conducting
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surveys, and providing the officers of this department, as well as the citizens of the community, the benefit of some specialized professions.
1. The activities and work product of auxiliaries will be supervised by the employee(s) to whom they are assigned.
C. The Administrative Lieutenant shall be responsible for the coordination of the activities performed by auxiliaries.
16.4.2 AUXILIARY TRAINING
A. Auxiliaries will receive training appropriate to the duties they are asked to perform.
1. This training might include a demonstration and explanation of forms or information which need to be collated, or a demonstration of the operation of a computer or database program.
2. The Department Chaplain shall be a non-denominational position and any training will have been completed by any person seeking that auxiliary position prior to consideration with this department.
16.4.3 IDENTIFICATION OF AUXILIARIES
A. All auxiliary personnel shall be issued an identification card which will clearly identify them as civilian volunteer staff.
B. At no time and under no circumstances will auxiliary personnel wear or display the uniform or identifying attachments of a sworn officer of this or any other law enforcement agency.
16.5 CIVILIANS
16.5.1 CIVILIAN POSITIONS
A. Positions not requiring sworn personnel are specified as civilian positions and are staffed accordingly.
1. Civilian positions include clerical personnel (various levels of office associates) and communications specialists. (See 16.1.1)
2. This is not to be construed as to prohibit officers from performing these duties at times, such as when an urgent need arises for assistance in a civilian position, for purposes of broadening the officer's experience or for purposes of temporary assignment when an officer is on light duty.
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CUMBERLAND POLICE DEPARTMENT General Order #21 Subject: Classification Delineation of Duties and Responsibilities Effective Date: October 1, 2007 Review Date: October 1, 2008
Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
21.1.1 Written Job Task Analysis 21.2.1 Written Classification Plan 21.2.2 Maintenance of Class Specifications 21.2.3 Job Descriptions
21.1 JOB TASK ANALYSIS
21.1.1 WRITTEN JOB TASK ANALYSIS
A. The Cumberland Police Department will maintain a written job task analysis of every full time job in the agency, which will include:
1. The work behaviors (duties, responsibilities, and tasks);
2. The approximate frequency with which the work behavior is performed; and
3. The criticality of the job-related skills, knowledge, abilities, and behaviors.
B. The job task analysis will be detailed in a written Job Description, which will be maintained by the Personnel Officer.
1. The police department shall annually review the classification plan and, if necessary, make recommendations to the Personnel Officer of the City of Cumberland to modify the plan.
2. The agency shall make note when the classification plan has been reviewed and by whom, even if no modifications are proposed or made.
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21.2 CLASSIFICATION
21.2.1 WRITTEN CLASSIFICATION PLAN
A. The agency is grouped into classes, based upon similarities in duties, responsibilities, and qualification requirements.
1. A Police Officer / Detective performs general duty police work in the protection of life and property. Work is performed under the supervision of higher ranking officers. Work is reviewed through reports, inspections and observations of results obtained.
(Any one position of this class may not include all duties listed, nor do listed examples include all duties which may be found in positions of the class.)
a. An officer patrols a designated area of the city on foot or in a cruiser to prevent and/or deter the commission of a crime. The patrol officer enforces and ensures compliance with all criminal laws, City Ordinances, motor vehicle laws and is responsible for the enforcement of departmental rules, regulations and procedures. The patrol officer must be able to perform general police duties as the need arises. The officer is responsible for his/her area of patrol and provides help and assistance to the citizens in his/her area. The officer responds to the calls and complaints of citizens and takes the necessary police action.
b. An Officer/Detective serves warrants and various other court papers.
c. An Officer/Detective continues the investigation of crimes once the preliminary work has been completed.
d. A patrol officer investigates motor vehicle accidents and files the necessary reports and paperwork with his/her supervisor.
e. If an Officer/Detective is the first person on the scene of a crime, they are responsible for securing the crime scene and conducting a preliminary investigation. He/she gathers evidence, locates witnesses, takes statements from witnesses and arrests offenders if possible.
f. An Officer/Detective is responsible for filing neat and accurate reports concerning cases and incidents in which he/she was involved
g. An Officer/Detective performs other related work and assignments as given by higher ranking officers.
h. The patrol officer is the backbone of the patrol force whose principal activities are preventing crime, suppressing disturbances, arresting offenders, and giving aid, relief and information to all citizens as circumstances require.
i. The patrol officer performs as a Field Training Officer (FTO), training new officers when they are assigned to a shift.
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2. A Police Corporal is a first-line supervisor and occasionally performs specialized police work in the protection of life and property. The Corporal is an experienced officer and may be utilized by the department for special assignments. Work is reviewed through reports, inspections, and observation of results obtained.
(Examples do not include all the duties of a Corporal)
a. A corporal patrols a designated area of the city on foot or in a cruiser to prevent and/or detect the commission of crime.
b. A corporal enforces and ensures compliance with all criminal laws, City Ordinances, motor vehicle laws and is responsible for the enforcement of departmental rules, regulations and procedures. The corporal must be able to perform general police duties as the need arises.
c. A corporal performs as a first line supervisor and may be assigned to various other duties on the department. Examples of special assignments would include juvenile officer, investigator, training officer, crime prevention officer, narcotics or drug investigator, field training officer, etc.
d. When the need arises, a corporal may be assigned to a supervisory position such as being in charge of a shift when no higher ranking officer is available.
e. A corporal supervises and inspects the work of subordinates. The corporal performs the job of supervisor on the street. Corporals are responsible for the actions of his/her subordinates. He/she reviews reports, evaluates shift personnel and submits his/her reports to the shift supervisor.
f. A corporal observes his/her subordinates while they are performing as police officers. He/she makes suggestions, corrects mistakes, offers advice to subordinates and insures that departmental rules, regulations and procedures are being followed.
g. A corporal performs as a Field Training Officer (FTO), training new officers when they are assigned to a shift.
3. A Police Sergeant performs specialized investigative and supervisory police work in the protection of life and property. Work is performed under the supervision of higher ranking officers. Work is reviewed by inspection, through oral reports, written reports, and observations of results obtained.
(Examples do not include all the duties of a Sergeant)
a. A sergeant supervises and inspects the work of subordinates. The sergeant performs the job of supervisor on the street. A sergeant is responsible for the actions of his/her subordinates. A sergeant reviews reports, evaluates shift personnel and submits his/her reports to the shift supervisor.
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b. A sergeant observes his/her subordinates while they are performing as police officers. He/she makes suggestions, corrects mistakes, offers advice to subordinates and insures departmental rules, regulations and procedures are being followed.
c. A sergeant enforces and ensures compliance with all criminal laws, City Ordinances, motor vehicle laws and is responsible for the enforcement of departmental rules, regulations and procedures. The sergeant must be able to perform general police duties as the need arises.
d. A sergeant performs public relations work including talks on safety, law enforcement, public awareness, crime prevention, etc. These talks are given to various civic groups, youth groups, etc.
e. The sergeant performs as a Field Training Officer (FTO). The sergeant trains new officers when they are assigned to a shift and conducts regular training classes for all the shift personnel.
f. A sergeant performs other related duties as assigned and functions as the shift supervisor in the absence of the lieutenant.
4. A Police Lieutenant performs responsible supervisory and administrative police work. Work is performed at the direction of the Deputy Chief and the Chief of Police in accordance with established departmental policy.
a. A lieutenant is responsible for the officers under his/her command and assigns his/her manpower to work assignments; to effectively and efficiently utilize personnel.
b. A lieutenant enforces and ensures compliance with all criminal laws, City Ordinances, motor vehicle laws and is responsible for the enforcement of departmental rules, regulations and procedures. As a police officer, the Lieutenant must be able to perform general police duties as the need arises.
c. On a regular basis, a lieutenant evaluates all personnel under his/her command and submits the evaluations to his/her captain and the Chief of Police. Vacations, regular days off, etc., are assigned by the lieutenant on the basis of requests and manpower needs of the department.
d. A lieutenant reviews all operational reports, duty reports, arrest reports, etc., of the officers under his/her command.
e. Through contact with the State’s Attorney’s Office, the lieutenant is required to keep abreast of changes in the law and make sure that officers under his/her command are trained and updated on these specific changes.
f. For more specific duties for lieutenant, see duties for Shift Supervisor, Special Services, Accreditation Manager
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5. A Police Captain is involved in administrative responsibilities for directing and supervising the activities of the agency and its personnel, and performs work subject to the plans, policies, directives, regulations, procedures and orders formulated by the Police Chief.
a. A police captain assists the Police Chief in planning and administering the activities and operations of the agency.
b. A captain enforces and ensures compliance with all criminal laws, City Ordinances, motor vehicle laws and is responsible for the enforcement of departmental rules, regulations and procedures. The captain must be able to perform general police duties as the need arises.
6. The Police Chief is under the direction of the City Administrator and performs a wide range of managerial functions involved in commanding and directing the operations of the Police Department.
a. Through the Chief of Police, the department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. The Chief of Police is responsible for planning, directing, coordinating, controlling and staffing all activities of the department, for its continued and efficient operation, for the enforcement of the rules and regulations within the department, for the competent authority, and for the department’s relations with other agencies.
b. He is responsible to the City Administrator and shall administer the department under the direction and guidance of the City Administrator. He shall make written and verbal reports to the City Administrator as directed and keep the City Administrator informed of incidents or developments that may unusually affect the public or official relations.
c. He is responsible for the training of all members of the department. This includes the basic pre-service, in-service and specialized training to improve their ability to serve the public more efficiently and to keep them abreast of new developments in the law enforcement field.
d. He shall be responsible for the purchasing and/or procurement of all materials, goods, equipment, services and/or contracts necessary for the continuous efficient operation of the department.
e. He shall be required to certify the correctness of all bills incurred by the department.
f. He shall be the custodian of all property coming into the possession of the Department of the Police and shall be accountable for all such property delivered into his custody and be responsible for the safekeeping , proper disposition and accurate record of same. He shall authorize the return of property to its lawful owner when no longer needed by the department.
g. The Chief of Police shall, subject to review by the City Administrator, possess the authority to alter, amend, suspend, rescind or cancel any of the policies, rules, 93
regulations and procedures of the department: to make additional ones from time to time as circumstances may require: and to issue as the occasion demands Operational Orders, Special Orders and Memoranda, all of which shall have the same force and effect as these Regulations.
h. The Chief of Police enforces and ensures compliance with all criminal laws, City Ordinances, motor vehicle laws and is responsible for the enforcement of departmental rules, regulations and procedures. The Chief of Police must be able to perform general police duties as the need arises.
7. An Office Associate may involve a wide variety of duties, which could include preparing and monitoring a variety of reports; maintaining confidential files as well as public records; preparing and assembling documents such as new employee files or field training guides; monitoring and maintaining necessary office supplies; preparing filing systems; typing correspondence, reports, and memoranda; preparing information, charts, graphs, and other displays; processing requisitions for purchase orders; sorting mail; acting as a receptionist; and other duties, particularly in support of line and staff positions, as necessary.
a. An Office Associate may act as the Chief's secretary.
B. Class specifications are for each job within a class are further enumerated in the General Description of Classification and Duties maintained on file with the Personnel Officer of the City of Cumberland.
C. Classes shall be compensated in order of rank and, if applicable, order of service time.
1. There shall be no distinction in compensation based on the Division to which a member of the agency is assigned, nor on the particular job(s) which the member is assigned, nor on the position(s) he may be assigned, unless such distinction is provided for by ordinance or agreement.
2. Compensation will be based on the applicable City Compensation Plan and any applicable ordinances or agreements.
D. The agency may, in conjunction with the Personnel Officer of the City of Cumberland, revise the classifications and specifications and may recommend additional classes be formulated.
21.2.2 MAINTENANCE OF CLASS SPECIFICATIONS
A. The Personnel Officer of the City of Cumberland is responsible for developing and maintaining on file the class specifications for the police department.
B. The role of the agency shall be advisory in nature.
1. The agency will assist the Personnel Officer in his/her efforts to assimilate information which will serve as the basis for the classification plan. 94
21.2.3 JOB DESCRIPTIONS
A. The agency will maintain a written statement of the duties and responsibilities of each position within the agency, which shall be available to all personnel by their inclusion in this order.
B. “The Mayor and City Council shall have full power and authority to establish and maintain a Police Department...... and create such ratings therein among the personnel thereof, and employ such number of personnel in said Department as it may from time to time provide by ordinance.” (Cumberland City Charter, Section 37 (a))
C. “The Mayor and City Council shall organize the Police Department of said City on the basis of the three-platoon system……and the Mayor and City Council shall have the power to prescribe such rules and regulations for the shifting of said platoons as it may deem necessary; the assignments to shifts and duties of the Lieutenants, Sergeants, and Corporals in the Police Department shall be made by the Chief of Police.” (Cumberland City Charter, Section 37 (c))
D. “The police department of the city shall consist of a chief of police and such other ranking officers and patrolmen as the city council may from time to time determine to be necessary.” (Cumberland City Code, Chapter 18, Article II, Division 1, Section 18-26)
E. “The chief of police shall have control of the police force, and every policeman shall yield him implicit obedience while on duty. (Cumberland City Code, Chapter 18, Article II, Division 1, Section 18-26)
1. "...... He shall be the Chief Police Officer of the said City, and shall have like power with the sheriff of the County to exercise the writ of search warrant. He shall be active in quelling riots, disorders and disturbances of the peace within the limits of said City, and shall take into custody all persons so offending against the public peace; and is shall be his duty to arrest all persons who shall obstruct or interfere with him in the execution of the duties of his office or who shall be guilty of disorderly conduct or any disturbances whatsoever. He shall give such bond for the faithful performance of his duty, and perform such other duties and possess such other powers, rights and authority, in addition to those herein provided, as the said Mayor and City Council may require and confer upon him, not inconsistent with the Constitution and the laws of this State, and the provisions of this section.” (Cumberland City Charter, Section 37 (d))
2. The Chief shall establish goals and objectives for the department to ensure compliance with City Commission policy directives and all applicable local, state, or federal laws, rules and regulations.
3. Provides guidance to senior level staff in the development and implementation of operating policies and procedures to accomplish departmental goals and objectives.
4. Coordinates department law enforcement activities with other state law enforcement agencies. 95
5. Plans, directs and evaluates daily activities, programs and services of the department to ensure its effective and efficient operation and quality service to the community. Direction includes assignment and review of activities, resolves department personnel problems, administering discipline, evaluating personnel staffing and making hiring, termination and pay change recommendations.
6. Develops, recommends and monitors the department budget including reviewing past expenditures, analyzing future needs and making determinations regarding the necessary resources to accomplish departmental goals and meet community needs. Approves expenditures to ensure compliance with budgetary guidelines.
7. Serves as a public relations liaison to the news media, civic groups and other special interest groups.
D. The Cumberland Police Department shall consist of an Administration Division and an Operations Division.
1. The Operations Division consists of line personnel responsible for day-to-day operations of the agency and consists of a Patrol Section and specialized units.
2. The Administration Division consists of the support personnel of the agency, including Office Associates, Training Officer, and Accreditation Manager.
E. The Cumberland Police Department’s Patrol Section shall be responsible for general patrol of the City of Cumberland, shall enforce all City and State ordinances, and, within the officer's role and authority, take all measures within his/her ability and resources to prevent crime and to apprehend violators.
1. The Captain of Operations (Commander) works directly under the Chief of Police and holds the position of second in command in the police department. He/she is responsible for the day-to-day activity of the Operations Division and frees the Chief of Police to function as the chief administrator of the department. He/she works under the supervision and direction of the Chief of Police. The Captain of Operations (Commander) performs any/all of the following:
a. The Captain shall be responsible for insuring the scheduling of all officers within the Patrol and Special Units, insuring proper staffing (manpower) levels; shall coordinate the efforts of the Patrol and Combined County Criminal Investigation Unit (C3I) by working with the C3I Administrative Supervisor and the Shift Supervisors (Lieutenant/Officer-in-Charge) to maximize the efforts of their respective positions; shall issue memoranda and directives necessary to promote the effective and efficient operation of his/her command; shall be responsible for the evaluation of all personnel under his/her command; may perform the duties of Acting Chief of Police as so directed and perform such other duties as directed by the Chief of Police.
b. Develops and recommends goals and objectives for the division to ensure compliance with City policy directives, overall departmental goals and objectives 96
and any applicable local, state, or federal laws, rules and regulations. Develops, recommends, and implements operating policies, procedures and programs within the division in order to accomplish departmental goals and objectives.
c. Reviews division performance to assess goal attainment and measure effectiveness of operation. Determines and implements modification to work methods and/or recommends policy changes, etc.
d. Supervises the performance of lieutenants. Supervision includes training, work assignments and review, performance evaluation, and making hiring and termination recommendations.
e. Develops, recommends and implements budget including staffing, training, and equipment items. Monitors expenditures to ensure compliance with budgetary guidelines.
f. Represents the police department at civic functions and/or meetings; discusses issues, coordinates efforts and responds to informal inquiries.
g. Responds to citizens, news media, etc. concerns and issues and determines appropriate resolutions to maintain positive community relations for the department and the City.
h. Prepares records and reports and reviews those prepared by staff regarding policing activities to provide information for public record and use by investigation, prosecutors and other parties.
i. Oversees the coordination and direction of special events and major investigations and crimes/incidents to ensure most appropriate course of action is followed.
2. The Lieutenant (Shift Supervisor) shall be responsible to furnish leadership and guidance to the members of his/her assigned shift to ensure maximum efficiency and effectiveness of that shift, shall supervise other members of the department not under the immediate supervision of another Command Officer, and shall supply input to the Operations Commander to provide a basis for evaluation of the members of his/her shift.
3. A Police Patrol Sergeant performs the job of supervisor on the street or as duty supervisor in the absence of the Shift Lieutenant. He/she reviews reports, evaluates shift personnel, and submits his reports to the Shift Lieutenant. He/she, as any other law enforcement officer, enforces the criminal laws, motor vehicle laws, city ordinances, and performs any task common to the law enforcement profession.
a. Due to the relatively small number of sworn personnel of the Cumberland Police department, the Police Sergeant must be capable of performing general police duties in addition to supervisory and administrative duties.
b. These duties require that the Police Sergeant be physically capable of overcoming resistance to lawful arrest, suppressing strikes, riots, or lawful assemblies, effectively and efficiently using all equipment including firearms, climbing onto 97
building, over fences, over rugged terrain, etc., pursuing offenders on foot, moving through wooded areas, and entering swift moving water.
4. A Police Patrol Corporal performs the duties of a Patrol Officer; patrols a designated area of the City, enforces the criminal laws, motor vehicle laws, and City Ordinances. When the need arises, the Corporal may be assigned to a supervisory position such as supervisor on the street or Duty Supervisor in the absence of a Sergeant or the Shift Lieutenant.
a. A Police Corporal performs all the duties of a patrol officer and may be assigned to various other duties on the department. These may include, but are not limited to:
1) Investigator;
2) Narcotics or drug investigator.
5. A Police Officer shall engage in routine or selected patrol, performing tasks as directed by his/her supervisor, with the primary goal of preventing crime and apprehending violators; shall utilize the most effective and efficient methods available while performing varied duties; and shall consult with the immediate supervisor when unsure how to handle a situation or when resources are not at the officer's immediate disposal Examples of work include, but are not limited to, duties which are found below. Any one position of this class may not include all duties listed, nor do listed examples include all duties which may be found in positions of this class. A Patrol Officer;
a. Serves warrants and various court related documents;
b. Investigates motor vehicle accidents and files the necessary paperwork with his/her supervisor;
c. If the first officer on the scene of a crime, the Patrol Officer is responsible for securing the crime scene and conducting the preliminary investigation. He/she gathers evidence, locates witnesses, and takes statements from witnesses, and arrests offenders if possible.
d. Is responsible for filing neat and accurate reports concerning cases and incidents in which he/she was involved;
e. Appears in court to offer testimony against persons accused of crimes;
f. May be assigned the duty of dispatcher as the need arises;
g. Performs other related work and assignments as given by higher ranking officers
F. Specialized units under Patrol are Community Relations, Warrant/Fugitive Officer and the Canine Unit.
1. Community Relations Officer
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a. Develops a working relationship with agencies and organizations in the community
b. Participates in Neighborhood Crime Watches
c. Develops a comprehensive crime prevention program; develop and present the program to the public at various social and organizational meetings.
d. Handles calls for service which may need referrals to allied and outside agencies.
e. Works closely with the Combined County Criminal Investigation Unit (C3I), and the Allegany County Narcotics task Force (ACNTF), the drug investigation component of C3I.
f. Performs general shift duties when needed
2. Warrant/Fugitive Officer
a. Serves Court process from the District Courts and the Circuit Courts located within the State of Maryland.
b. Performs general shift duties when needed.
3. Canine Unit (K9) –
a. A Team consists of one (1) police officer and one (1) dog.
b. Primary duty of the departmental K9 team is for locating suspects in buildings or related structures where search by officers would create an unnecessary risk
c. Control unruly crowds during a riot or other major unauthorized gathering that cannot be controlled by other means.
d. Perform drug scans on vehicles and buildings as requested to do so by other police officers or by the Narcotics Task Force (ACNTF).
e. Tracks missing persons or suspects, or locate evidence that has been abandoned.
f. Performs general shift duties when needed.
G. The Administration Division shall be comprised of Office Associates under the direct supervision of the Administrative Services Lieutenant, who is also the Accreditation Manager
1. The Administrative Services Lieutenant is responsible for the supervision of various personnel in the Administration Division, including records personnel and accreditation functions. He/she shall be responsible for insuring training and maintenance of appropriate training records of all personnel within the Division.
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a. The Lieutenant shall be responsible for insuring the scheduling of all officers within the Administrative Division, insuring proper staffing (manpower) levels; shall issue memoranda and directives necessary to promote the effective and efficient operation of his/her command; shall be responsible for the evaluation of all personnel under his/her command and perform such other duties as directed by the Chief of Police.
b. Develops and recommends goals and objectives for the division to ensure compliance with City Commission policy directives, overall departmental goals and objectives and any applicable local, state, or federal laws, rules and regulations. Develops, recommends, and implements operating policies, procedures and programs within the division in order to accomplish departmental goals and objectives.
c. Reviews division performance to assess goal attainment and measure effectiveness of operation. Determines and implements modification to work methods and/or recommends policy changes, etc.
d. Develops, recommends and implements budget including staffing, training, and equipment items. Monitors expenditures to ensure compliance with budgetary guidelines.
e. Represents the police department at civic functions and/or meetings; discusses issues, coordinates efforts and responds to informal inquiries.
f. Responds to citizens, news media, etc. concerns and issues and determines appropriate resolutions to maintain positive community relations for the department and the City.
g. Prepares records and reports and reviews those prepared by staff regarding policing activities to provide information for public record and use by investigation, prosecutors and other parties.
2. Office Associates are responsible for records keeping as directed by the Chief of Police, shall assemble and forward all bills received by the department along with requisitions approved by the Chief of Police to the Finance offices of the City of Cumberland, and shall perform other tasks as directed by the Chief of Police, Deputy Chief or Administrative Services Lieutenant.
3. The Training Coordinator shall be responsible for all training functions of the agency, including overseeing basic training, field training, in-service and roll call training, and coordinating training with the various functions of the agency. The Training Coordinator must:
a. Be certified by the Maryland Police and Corrections Training Commission (MPCTC) as a Police Instructor and must complete the state approved course in instruction techniques.
b. Produce a yearly curriculum for in-service training, which will satisfy the requirements of the MPCTC. He/she is the coordinator of all training presented by 100
this department, including the scheduling of guest instructors, setting training dates, and sending out invitation to other police agencies in Allegany and Garrett Counties. Whenever possible, this department will help provide training for other agencies in the area.
c. Prepare and present periodic classes on a variety of departmental related topics. This may be done on a shift basis which would require several sessions in a weeks time.
d. Coordinate firearms training in the police department. He/she is responsible for evaluating the courses of fire and designing new courses when necessary. He/she will establish a course of fire for qualification with off-duty weapons and report in writing when the officer qualifies.
e. Prepare and submit an annual in-service training summary to the MPCTC, showing all training given and all tests given.
f. Be aware of current training opportunities which exist outside this department. These would include schools and seminars sponsored by Federal, State, local agencies as well as private institutions which conduct course on Law Enforcement related topics.
g. Evaluate future training needs such as finances and equipment and prepare written justifications for training requests.
h. Perform other related duties as requested by the Deputy Chief and/or Chief of Police.
4. The Lieutenant assigned to Accreditation Manager/Traffic Liaison shall be responsible for the following:
a. Attend CALEA and CRLEAA meetings
b. Develop and recommend changes in departmental policy to comply with CALEA standards.
c. Maintenance of Accreditation files for the agency.
d. Act as liaison with other agencies on traffic matters.
e. Recommend and/or approve changes in traffic flow.
f. Represent the department at meetings pertaining to traffic, including the Allegany County Transportation and Traffic Advisory Committee. (See G.O. 61.3.7)
g. And shall perform any other duties that may be requested by the Chief of Police and/or the Deputy Chief.
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CUMBERLAND POLICE DEPARTMENT General Order #22 Subject: Compensation, Benefits and Conditions of Work Effective Date: October 1, 2007 Review Date: October 1, 2008
Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
22.1.1 Agency Salary Program 22.2.1 Agency Leave Program 22.2.2 Agency Retirement Program 22.2.3 Agency Health Insurance Program 22.2.4 Agency Disability and Death Benefit Program 22.2.5 Personnel Support Services 22.2.6 Agency Liability Protection Program 22.2.7 Clothing and Equipment 22.3.1 Physical Examinations 22.3.2 General Health and Physical Fitness 22.3.3 Off-duty Employment 22.3.4 Extra-duty Employment
22.1 COMPENSATION
22.1.1 AGENCY SALARY PROGRAM
A. The entry level salary for the sworn members employed by this agency shall be determined by agreement(s) entered into between the City of Cumberland and the bargaining units.
B. Salary differential within sworn rank(s) shall be determined by agreement(s) entered into between the City of Cumberland and the bargaining unit.
1. Salary differential within the ranks of Captain and Lieutenant shall be by agreement of officers of those ranks with the City of Cumberland.
C. Salary differential between rank(s) shall be determined by agreement(s) entered into between the City of Cumberland and the bargaining unit.
1. Salary differential between the ranks of Sergeant and Management positions (Chief of Police, Captain, and Lieutenant) shall be by determined by the Mayor and City Council of the City of Cumberland. 102
D. Salary differential for those with special skills shall be by agreement(s) entered into between the City of Cumberland and the bargaining unit and shall be subject to negotiation.
E. Compensatory time policy shall be governed by agreement(s) of the bargaining units with the City of Cumberland and in accordance with provisions of the Fair Labor Standard Act.
F. Overtime policy shall be governed by agreement(s) of the bargaining units with the City of Cumberland.
G. The agreement(s) reached between the employees and the City of Cumberland may include provisions for various types of salary augmentation.
1. The agreement shall include the type(s) of salary augmentation, the amount in each case, and the period of time during which augmentation would be given.
H. A copy of the current agreement(s) shall be kept on file with this policy as a reference.
I. The pay for Management positions shall be commensurate with the pay for other sworn officers.
J. Pay scales for all levels within the department, sworn or civilian, will be maintained by the Accreditation Manager.
22.2 BENEFITS
The benefits provided by the agency are enumerated and described in the agreement(s) between the City of Cumberland and the bargaining units, the Mayor and City Council Orders of the City of Cumberland, Employee’s Fringe Benefits Booklet, and in such other articles and documents as are detailed in the standards to follow. In general, benefits for sworn personnel are detailed in agreements between the City of Cumberland and the Fraternal Order of Police Lodge #90, benefits for Management positions will be commensurate with benefits for City employees covered under contracts, and benefits for unionized civilian personnel are detailed in agreements between the City of Cumberland and American Federation of State, County and Municipal Employees Local #3066. Benefits include administrative leaves for jury duty, bereavement, temporary leaves of absence, and military duty; holiday leave; sick leave; vacation leave; a retirement and disability program administered through the Employees’ Retirement System and the Employees’ Pension System of the State of Maryland; health and medical insurance; life insurance; liability protection; clothing and other necessary equipment. The benefits detailed above are explained to the employee upon being hired by the City and updates, additions, deletions, and other corrections are provided to all employees as changes/modifications are made. The Personnel Clerk of the City of Cumberland maintains details and has information available to employees concerning all the various benefits available to each and every employee.
22.2.1 AGENCY LEAVE PROGRAMS
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A. Leave may be granted for an employee under conditions set forth in the agreement between the City of Cumberland and the Fraternal Order of Police Lodge #90 and the agreement between the City of Cumberland and American Federation of State, County and Municipal Employees Local #3066 covering the civilian personnel. While the general language of the leave provision is included in the General Order, the specific terms and conditions of each type of leave are listed in each agreement, which are listed as references.
1. Bereavement Leave - All City employees shall be entitled to leave because of death in family, with pay, beginning with the first day of permanent employment.
a. Five (5) working days shall be granted in the death of spouse, child, step-child or step-parent of the employee.
b. Three (3) working days shall be granted in the death of a brother, sister, mother-in- law, father-in-law, grandparent, half-brothers and half-sisters. Said days shall be taken at time of death and funeral services or when funeral services are conducted beyond usual normal time following death. Article XI, Section 1, FOP Contract; Article X, Section 1, AFSCME Contract
2. Emergency Leave - In addition, the employee shall be entitled to leave in the event of an unexpected emergency arising with his immediate household, which said leave shall not exceed five (5) days in any one fiscal year, and when taken, shall be charged to the employee’s vacation for that fiscal year. If vacation is exhausted, such leave may be charged to sick leave. Article XI, Section 2, FOP Contract; Article X, Section 2, AFSCME Contract
3. Jury duty - Leave with pay will be granted to employees serving in Full-time permanent positions in order that he/she may serve required jury duty or if they are subpoenaed as a witness. Article XI, Section 6, FOP Contract; Article X, Section 5, AFSCME Contract
4. Military reserve - Any employee who is a member of the National Guard, or of any Reserve Component of the Armed Forces of the United States, will be entitled to a leave of absence of ten (10) days, without loss of time or annual leave, during which he/she is engaged in the performance of official duty as a result of being federalized, or while on annual training duty in this State, or in the United States, under competent orders. While on such leave, he/she shall be paid his/her regular salary. Article XII, Section 2, FOP Contract; Article XI, Section 2, AFSCME Contract
5. On-duty injury - In the event an employee sustains an injury during the performance of police duties while in the employ of the City of Cumberland, he/she shall receive his/her regular rate during the period of temporary total disability, not to exceed one (1) year. The Employer reserves the right to void this section in the event a Wage Continuation Insurance Program is instituted. Article XI, Section 5 (a), FOP Contract; Article X, Section 4, AFSCME Contract
6. Leaves of Absence - Any employee may, upon application in writing, be granted a leave of absence, without pay, and not to exceed one (1) year; for the reason of personal
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illness, illness in the immediate family, disability, or for the purpose of furthering employee’s education or training.
a. Notwithstanding other provisions of the agreement, any employee elected or appointed as an employee of the bargaining body shall be granted a leave of absence without pay for the term of the election or appointment of his/her office, or any extension thereof.
b. Leaves of absence without pay shall be granted to attend and serve as delegates to conventions and organization conferences related to the bargaining body.
c. Seniority shall accumulate during all leaves of absence granted under the provisions of the agreement. Employees shall be returned to the position they held at the time the leave of absence was requested. Article XIV, Sections 1, 2, 3, and 4, FOP Contract; Article XIII, Sections 1, 2, and 3, AFSCME Contract
d. The City of Cumberland recognizes the Family and Medical Leave Act which grants up to twelve (12) weeks of unpaid leave per year to employees who are unable to perform their job duties because of a serious health condition, having a child, or who need to care for ill family members. In accordance with the Act, employees should provide at least thirty (30) days notice, if possible, of their intention to take leave. General information on the Act will be made available to all employees of the Cumberland Police Department. Federal Regulations published in 29 CFR Part 825.
B. Holiday leave - All Administrative employees, with the exception of Police Officers and Sergeants, shall be entitled to paid time off on those holidays observed by the City as specified in their respective bargaining agreements. To work a forty (40) hour week with days off assigned according to seniority. In the Police Department, where continuous operations exist, the employees shall be granted the number of days off in lieu of holidays, which shall be assigned as if it were vacation in accordance with departmental procedure.
2. Any Shift Supervisor or Duty Supervisor who finds it necessary to do so may, with the approval of the Operations Commander or the Chief of Police, direct some or all employees of his Shift to report for work on any of the holidays in effect. (The normal operations within the Cumberland Police Department dictate that any holiday which is observed on a law enforcement officer's (i.e. Lieutenant, Sergeant, Corporal, Police Officer) regular scheduled workday, shall automatically be worked by said individual unless said individual is excused from work. Provisions regarding scheduling, time off, compensation for work on an observed holiday, etc. are contained in the collective bargaining agreement between the City and the Fraternal Order of Police Lodge #90 and the agreement between the City and the American Federation of State, County and Municipal Employees Local #3066.
The following are designated as paid holidays for all employees:
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· New Year's Day · Martin Luther King’s Birthday · President’s Day · Good Friday Day · Memorial Day · Independence Day (July 4th) · Labor Day · Veteran’s Day · Thanksgiving Day and the day following · Christmas Day · Employee’s Birthday
a. When any of the above holidays fall on Saturday, Friday shall be granted as the “day off”.
b. When any of the above holidays fall on Sunday, Monday shall be granted as the “day off”.
c. In addition to the holidays listed above, when Independence Day (July 4), Christmas Day, or New Year’s Day falls on Tuesday, the preceding Monday shall be granted as a holiday; when Independence Day (July 4), Christmas Day, or New Year’s Day falls on Thursday, Friday shall be granted as a holiday. Article VIII, FOP Contract; Article VII, AFSCME Contract
C. Sick leave - All employees serving in full-time Permanent positions shall be entitled to sick leave with pay based upon the rate provided in the handbook of Employee’s Fringe Benefits adopted by City Council.
1. Sick leave shall not be used for any purpose other than personal illness (Federal Law requires that pregnancy be treated as any other illness or disability. Family and Medical Leave Act.), injury or for medical examination or treatment, unless other wise specifically authorized by directive of the Mayor and City Council.
2. In order to receive sick leave, an employee must notify his immediate supervisor, or designated person in charge, one (1) hour or more before Roll Call, except in the case of accident or sudden illness, in order that a replacement can be obtained if such is deemed necessary by the Supervisor
3. Employees will be required to produce a doctor’s certificate which states the nature of illness when he/she is off from work more than two (2) days in order to be paid for use of sick leave. A record of sick leave will be maintained by the City for each officer.
a. Whenever an officer is marked off sick, it will be assessed to the officer’s sick leave record and will remain on the record until July 1 of each year, regardless of the date of the occurrence.
b. If at any time an officer has more than five (5) sick leave occurrences on his record, he/she will be required to produce a doctor’s certificate before returning to work.
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The doctor’s certificate will state the nature of the officer’s illness and ability to return to work. Article X, FOP Contract; Article IX, AFSCME Contract
The Chief of Police, assisted by all supervisory personnel, shall be responsible for preventing abuses of sick leave. Sick leave shall not be considered leave time which an employee may use at his discretion for personal business. If an employee is found to have abused this sick leave policy provision, he shall be subject to disciplinary action, including possible suspension or dismissal.
Vacation leave, personal leave, or compensatory time may be used to supplement sick leave when the latter is exhausted. Article X, Section 4, FOP Contract; Article IX, Section 4, AFSCME Contract
D. Vacation (annual) leave -
1. Vacation shall be adjusted to July 1 next following employment in probationary status at the rate of 5/12 day for each month, or portion thereof, worked in the current fiscal year. Said vacation shall be taken during the next fiscal year.
2. When an employee is hired in the period January 1 to June 30, he shall earn five (5) days vacation during the first fully completed fiscal year.
3. When an employee is hired in the period July 1 to December 21, he/she shall begin earning vacation at the rate of ten (10) days during the first fully completed fiscal year.
4. All employees serving in full-time Permanent positions shall be entitled to vacation leave with pay based upon the following schedule:
Completed Years of Service Accrued Vacation Days per Year
Second Fiscal Year 10 days Third through Fourth Fiscal Year 15 Days Fifth through Ninth Fiscal Year 20 Days Tenth through Twenty-fourth Fiscal Year 25 Days Twenty-fifth through Thirtieth Fiscal Year 30 Days
Use of vacation leave prior to completion of the one (1) year probationary period, and the procedures governing the use and approval of such leave, are covered under Article IX, Section 1 of the FOP Contract.
Although employees are encouraged to utilize this benefit for the purpose for which it is intended - e.g. rest, relaxation, travel, etc., each employee will have the option to sell back and receive straight holiday pay in lieu of up to ten (10) Holiday/vacation days. The sell back will occur on July 15 of each year. Article IX, Section 1, FOP Contract; Article VIII, Section 1, AFSCME Contract
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22.2.2 RETIREMENT PROGRAMS
A. Retirement age for all sworn members of the Cumberland Police Department shall be age sixty (60). However, upon application each year thereafter, an officer may be extended on a year to year basis with mandatory retirement at age seventy (70).
1. Application for extension must be filed with the Chief of Police and the Personnel Officer one hundred twenty (120) calendar days prior to the officer’s retirement date.
2. The officer wishing to extend his employment with the City must be examined by the City Doctor in order to produce satisfactory medical evidence of his capability to perform the duties prescribed for his position and as a condition of continued employment.
3. The City Administrator, Personnel Officer, and the Chief of Police shall make a final determination on granting the extension or denying the request for extension. Their decision shall be based on the results of the physical examination, results of the physical challenge obstacle course, and on the officer’s record and job performance.
4. The City must either grant or deny the extension within 45 calendar days of receiving the application.
5. The officer wishing to extend his employment with the City must file the application and follow the same procedure each year he wishes to extend.
B. The agency's retirement program for employees is managed by the State Retirement Agency of Maryland
1. The Human Resources Department will have information pertaining to the benefits and general policies of the Retirement and Pension Systems.
2. Employees’ Retirement System and the Employees’ Pension System of the State of Maryland (ERS & EPS) have final authority over matters concerning retirement since the retirement fund is not actually managed by the City of Cumberland. 3. An employee of the City who has prior service with the State of Maryland, or any political subdivision thereof, shall be entitled to receive credit for his/her prior service with these employers for the purpose of retirement, providing that said employee was in the same State retirement system as the City of Cumberland. This credit can only be given if there is no break in service when a person leaves one employer and moves on to the next employer who participates in the system(ERS & EPS Benefits Handbook)
C. Payment for Unused Vacation Leave - An employee leaving the service shall be reimbursed for all accrued vacation which he/she was entitled during the current year in accordance with the schedule. (See Fringe Benefits Booklet) Article IX, Section 7, FOP Contract; Article VIII, Section 6, AFSCME Contract
D. Payment for Unused Sick Leave – Employee shall be entitled to receive payment equal to, but not exceeding, One Hundred and Thirty Days (130) Days of unused sick leave
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accumulated to his/her credit at the time of retirement from City employment. Article X, Section 9, FOP Contract; Article IX, Section 8, AFSCME Contract
E. Sick Leave Bonus: All full-time, permanent employees who have a balance of at least seventy five (75) days as of June 30th, shall be entitled to a bonus for unused sick leave for a maximum of up to five (5) days if no sick leave has been used the following fiscal year. Those days for which pay is received under this section shall also be deducted from the accumulated sick leave account of the employee. Payment shall be made following the completion of the Fiscal Year. If sick leave is used, the available time for payment shall be reduced. Article X, Section 8, FOP Contract; Article IX, Section 7, AFSCME Contract
22.2.3 HEALTH INSURANCE
A. Medical, prescription drug, and vision insurance - The City shall make available group medical, prescription drug, and vision benefits to all employees and dependents who meet the eligibility requirements of the plan. Said benefits will be made available with a contribution on the part of the employee towards the premium (15% or 3%) depending on the option selected for participation, along with deductibles and co-payments. Article XIX, Section 1 and 5, FOP Contract; Article XVIII, Sections 1, 3 and 5, AFSCME Contract
B. The Human Resources Department will keep current copies of the health plan on file, will make copies available to employees, and will assure that employees are notified of any additions, deletions, or modifications to the health plan.
22.2.4 DISABILITY AND DEATH BENEFITS
A. The agency's disability benefits are provided through State of Maryland Injured Workers’ Insurance Fund (Workman’s Compensation). Information is posted in a conspicuous place in the Police Department with other information.
B. Death benefits may be provided from several sources.
1. Death benefits are provided through the Employees’ Retirement System and the Employees’ Pension System of the State of Maryland. Should an employee become deceased after a period of one (1) year after start of service, his/her beneficiary would receive a lump-sum payment equal to one hundred percent (100%) of his/her annual salary being paid at time of death.
2. The City of Cumberland agrees to provide life insurance in the amount of not less than Ten Thousand Dollars ($10,000) for each employee. Article XIX, Section 4, FOP Contract; Article XVIII, Section 2, AFSCME Contract
3. In the case of a death in the line of duty, the agency shall ensure that application is made in behalf of the deceased for federal and state benefits, as well as those guaranteed by the
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Employees’ Retirement System and the Employees’ Pension System of the State of Maryland and life insurance carried by the City for the employee.
22.2.5 PERSONNEL SUPPORT SERVICES
A. The City of Cumberland independently contracts for an employee assistance program. (Mayor and City Council Order 22,310) (See also G. O. 22.3.2 and G. O. 55.2.6)
The City recognizes that a wide range of personal difficulties/problems in the lives of its employees may affect work performance and that most personal problems/difficulties can be successfully resolved provided they are identified and referred to an appropriate source of assistance. The City, therefore, believes that in the best interest of the City and its employees, as well as their families, that an Employee Assistance Program (EAP) should be implemented to assist employees in dealing with a wide range of problems. The City recognizes that this range of personal problems may include mental, emotional, financial, family, marital, employment- related stress, drug abuse, alcoholism, legal, or other problems not specifically mentioned. The City of Cumberland EAP is designed to help employees and their families deal with situations/problems as noted above by linking them with resources that can provide appropriate help. The EAP is also designed to reduce job performance problems and to retain valued employees.
When an employee or family member is experiencing a problem, whether or not it affects job performance, the employee is strongly encouraged to take advantage of the EAP.
It shall be the policy of the City of Cumberland that:
1. Participation in the EAP shall be limited to City of Cumberland employees and their immediate family members.
2. Participation in the EAP shall be strictly voluntary. However, employees and their family members who have problems they feel may affect their health, well-being, and/or job performance, are encouraged to contact the EAP.
3. Employees and their immediate family members shall receive an offer of assistance to help resolve such problems in an effective and confidential manner. All EAP issues shall be handled in a confidential manner by the EAP provider consistent with federal and state law. No information concerning the nature of individual personal problems will be released without proper written consent.
4. Use of the EAP shall not affect the employee's job classification, chance for promotion, or pay increases.
5. Disciplinary procedures shall remain unaltered; use of the EAP shall not alter the responsibility of employees to maintain an acceptable level of performance.
6. EAP-related appointments scheduled during normal work hours shall be scheduled within the framework of the City's existing leave policies. Depending on the circumstances involved, one or more forms of leave may be appropriate to attend such 110
appointments (i.e. sick, vacation, compensatory time, personal, etc.). Due to the requirement of Article X, Section 3 ("Sick Leave") of the FOP Contract to provide a reason justifying the use of sick leave, the employee may not wish to use said leave for such appointments, as providing a reason for the usage of said leave may disclose information the employee wishes to remain confidential. If the employee chooses to request sick leave, he or she is hereby advised that in providing a justifiable reason for sick leave usage, as required by the Contract, he/she is voluntarily disclosing information.
Employees are hereby advised that if this is a concern, they should request another form of leave where providing a reason for said leave usage is not required (i.e. vacation leave, compensatory time, etc.), or seek to schedule EAP-related appointments outside of normal work hours. Flexible appointment hours shall be made available to employees by the EAP provider.
7. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many job performance difficulties may be related to a personal problem. However, supervisory personnel shall refrain from diagnosing personal problems or recommending specific solutions other than referral to the EAP.
B. The assistance of the Cumberland Police Department Chaplain is available to members of the agency.
C. Under the provisions of OSHA regulation 29 CFR 1910.1030, the agency shall offer vaccinations for Hepatitis B to all persons who could potentially be exposed.
1. Documentation of vaccination or the refusal of the offer shall be documented and filed.
2. Education and training concerning bloodborne pathogens and disease exposure shall be offered to employees.
22.2.6 LIABILITY PROTECTION
The Employer maintains police liability insurance coverage for all employees of the Cumberland Police Department. The Employer pays the annual premium for such coverage. Presently, the City carries “Police Performance Liability Declaration” through the General Star Indemnity Co.. Whether or not insurance coverage is available, the employee shall be indemnified and held harmless by the City, provided the employee acted within the scope of his assigned duties in the situation out of which a claim or lawsuit arises.
22.2.7 UNIFORMS AND EQUIPMENT
A. The uniform and equipment issue for sworn personnel and communications personnel are addressed in agreements. (Article XXI of FOP Agreement -- Working Conditions, Article XX of AFSCME Agreement - Working Conditions)
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1. Specifications for personal equipment and apparel to be worn by members of this agency shall be maintained on file with the Administrative Lieutenant or his designee.
a. This list shall be reviewed and updated by the Administrative Lieutenant.
b. The approved list of uniform parts should be referenced by officers prior to purchasing uniform items which will ensure that members are purchasing approved items for uniform wear.
B. "If any employee is required to wear a uniform, protective clothing, or any type of protective device, as a condition of employment, such uniform, protective clothing, or protective device shall be furnished without cost to the employee by the Employer”. (Section 1 of FOP Agreement) “Employer shall furnish equipment, clothing, shoes, and supplies for the protection of the employee in the exercise of his/her duties under the most hazardous conditions. Such equipment, clothing, shoes, and supplies shall be the best quality for the job as determined by the Chief of Police after consultation with the suppliers of these items. There shall be at least three (3) styles of shoes available”. (Section 2 of FOP Agreement)
1. Employer shall be responsible for having all required patches, chevrons, service strips, etc., attached to uniforms. (Section 3 (a) of FOP Agreement)
22.3 CONDITIONS OF WORK
22.3.1 PHYSICAL EXAMINATIONS FOR EMPLOYEES
A. Employees shall have a physical examination each year to determine their fitness for the physical challenge obstacle course, if the course is used. (G.O. 22.3.2 (A))
B. The agency may, when shown to be job-related and consistent with business necessity, require the employee to submit to a medical/physical examination and make the results available to the agency's physician.
1. An employee may be required to submit to a medical/physical examination to determine his/her ability to perform the essential functions of his/her job, with or without reasonable accommodations; to identify reasonable accommodations that would assist the employee in performing the essential functions of his/her job; or to determine whether the employee poses a direct threat to the health and safety of himself/herself or others.
2. An employee may also be required to submit to a medical/physical examination when such an examination is required by federal law or to determine whether the employee meets medical standards and requirements mandated by federal law.
C. Physical examinations required by the agency will be provided at no cost to the employee.
1. These examinations may amount to additional testing at an otherwise routine physical examination or may involve additional complete examinations by a physician.
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2. Regardless of the nature of the frequency, extent, or duration of the examination(s), if this examination (these examinations) are required by the agency, the cost(s) shall not be charged to the employee.
22.3.2 HEALTH AND PHYSICAL FITNESS STANDARDS
A. On an annual basis, all officers will be required to pass a physical examination and successfully complete a physical challenge obstacle course. The course is designed to simulate activities or physical exertion that an officer may encounter in the normal performance of duty.
1. The agency shall request analysis of the results of the examination from the doctor performing the evaluation.
2. The agency may request the doctor to make recommendations for the improvement of the employee's fitness, based on its evaluation.
3. The obstacle course may consist of, but not necessarily include all of the following:
a. 80 yard run (controlled foot pursuit);
b. Stair run (approximately twenty-five (25) steps);
c. Barrier jump (forty-eight (48) inches);
d. Balance and coordination beam;
e. Low crawl (twenty-four (24) inches);
f. Ditch jump (six (6) feet);
g. Pull up, palms facing forward (one (1) pull up). Over age forty (40), palms may face forward or backward;
h. Fifteen (15) push-ups under age forty (40), twelve (12) push-ups over age forty (40);
i. Fifteen (15) sit-ups under age forty (40), ten (10) sit-ups over age forty (40);
j. Body drag (160 pounds) for ten (10) yards;
k. Window climb (3’ x 3’ opening); and
l. Suspect I.D. and trigger pull.
4. The obstacle course will have set times for different age groups. There will be a ten (10) second penalty for each event that is not successfully completed. No more than two (2) events can be failed and all must be attempted.
AGE Time (Maximum) 113
21-29 1:55 30-39 2:10 40-44 2:25 45-49 2:45 50-54 3:00 55-Above 3:15
5. Officers failing to complete the obstacle course will be given a second opportunity ninety (90) days later and if still unsuccessful, a third in ninety (90) more days. If still unsuccessful at this point, officers will be declared unfit for duty and placed on sick leave or other leave until the course is successfully completed.
B. Members of the Cumberland Police Department will have unlimited access to a facility for fitness located in the basement of the Cumberland Police Department.
1. Equipment will be supplied by the Fraternal Order of Police and/or individual employees.
2. Use of the equipment by spouses will be monitored to ensure that employees have full access to equipment.
C. In order to maintain the fitness area and to ensure the maximum safe use of this facility, the following rules, which will be posted in the facility, will apply:
1. Prior to using the facility, each person should receive instruction from one of the agency's fitness personnel.
2. Appropriate attire (short or sweat pants, shirts, and athletic shoes) should be worn at all times.
3. Safety collars will be used with all equipment.
4. Remove weights from machines after use and replace on the appropriate weight tree.
5. Replace dumbbells in rack after use.
6. Do not lean plates against the machine(s) or walls.
7. Lights are to be turned off when the facility is not in use.
8. Notify a fitness coordinator of any broken or damaged equipment as soon as possible.
9. No one should use the flat bench (free weight) without a spotter.
22.3.3 OFF-DUTY EMPLOYMENT
It is the purpose of this General Order to define policy and establish regulations pertaining to off- duty employment, to ensure on-duty efficiency and to eliminate possible conflicts of interest. The Chief of Police shall exercise such control as deemed necessary to realize these 114
organizational goals. It is therefore, the policy of the Cumberland Police Department that any off-duty employment will not be permitted when it may impair on-duty efficiency or conflict with the duties and responsibilities of departmental employees.
A. All off-duty employment must be approved by the Chief of Police or his designee. With the exception of programs or activities funded or sponsored by the City of Cumberland, State of Maryland, or the United States, off-duty employment shall be governed by the following provisions:
1. If injured in the performance of off-duty work, the employee shall submit or cause to be submitted, a detailed report of such injury to the Chief of Police within forty-eight (48) hours of the injury;
2. Off-duty employment will not be permitted when it may impair on-duty efficiency or conflict with the duties and responsibilities of departmental employees; or cause or create a detrimental affect on the image of the department;
3. No employee shall serve as a defacto employment agent receiving compensation for procurement of jobs for employees covered under this General Order;
4. No employee shall at any time solicit any individual or business for the purpose of gaining off-duty police related employment. While on-duty, no employee shall solicit any individual or business for the purpose of gaining any type of off-duty employment.
5. No employee shall use any City-owned vehicle or other City property while traveling to and/or from or engaging in off-duty employment.
6. Any police officer who, as a result of fulfilling his off-duty employment, becomes physically incapacitated for the performance of his regular duties as an employee of the police department, and such incapacity is likely to be permanent, is eligible for consideration for ordinary disability retirement if the employee qualifies under the Maryland State Retirement System.
7. When an employee terminates any approved off-duty employment, a memorandum stating this fact shall be forwarded to the Chief of Police.
8. Despite anything in the Policy to the contrary, no off-duty employment in the field of law enforcement or a related field (including, but not limited to, work as a private investigator, security guard or bounty hunter) shall be permitted.
B. Procedure and Administration of Off-Duty Employment is as follows:
1. Personnel requesting permission to engage in off-duty employment shall complete CPD Form #6 Request for Secondary Employment, and submit it to their Supervisor. The Supervisor shall cause an investigation to ascertain if the requested employment is consistent with the policy and regulations in this General Order. The Supervisor shall reach a disposition on the request within ten (10) working days from the day of receipt, except that additional time for review and disposition is permissible provided the requesting employee is notified and given an explanation for the delay. 115
2. If, based on the investigation, the Supervisor deems the employment acceptable, he shall sign the form to indicate his review and forward it to the Chief of Police. If the Supervisor is of the opinion that the employment is not acceptable, he shall attach a memorandum stating the reason(s) why the employment should not be approved. In these cases, the Supervisor shall inform the affected employee that the requested employment is not recommended for approval. After final review, the Chief of Police will return a copy of the request form to the Supervisor and the affected employee marked approved or disapproved. An explanation will be furnished for disapproved requests by the employee’s Supervisor. The original of the form, including the final disposition, will be filed in the employee’s personnel jacket. A copy will be filed in a master file for off-duty employment.
3. Supervisory personnel shall insure that the off-duty employment activities of personnel under their command do not interfere with on-duty performance, twenty-four (24) hour availability, or represent a conflict of interest. Supervisors who discover conditions which indicate that off-duty employment is having an adverse affect on a subordinate’s performance, shall seek to rectify the situation by counseling the affected individual. The fact of such counseling shall be documented and kept in the departmental files for future reference. If, after counseling, compliance with the conditions outlined in this General Order is not achieved, the Supervisor shall send a written report to the Chief of Police, documenting the facts indicating non-compliance. The Chief of Police shall then have the authority to disapprove such off-duty employment, if the facts warrant such disposition.
4. All Supervisors shall maintain files on off-duty employment, to include:
a. Written requests for permission to work off-duty;
b. Approval or disapproval by the Chief of Police; and
c. Records of any action taken relative to an employee’s off-duty employment activities.
22.3.4 EXTRA-DUTY EMPLOYMENT
In accordance with G.O. 22.3.3 (A) (2) and (5), NO sworn personnel will be permitted to engage in off- duty employment that may conflict with the duties and responsibilities of departmental employees, and no employee shall use any City-owned property while engaging in off-duty employment. Therefore, no member of the Cumberland Police Department may engage independently in extra-duty employment as defined in the commentary of this CALEA standard. All law enforcement activities outside of the department personnel’s regular duty hours are as Over Time and thus are regulated by the agreement between the City and the Fraternal Order of Police Lodge #90.
Special events, such as high school football games, the Great Allegany Run 15k Road Race, Heritage Days, and Drumfest, to name a few, are worked on a volunteer basis, requiring a sign-up to be posted in advance of the event. Since all events are coordinated by the Chief of Police or his designee, all rights and benefits regularly afforded employees shall be in effect.
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CUMBERLAND POLICE DEPARTMENT General Order #24 Subject: Collective Bargaining Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
24.1.1 Agency Role in Collective Bargaining 24.1.2 Review and Dissemination of Agreements
24.1 COLLECTIVE BARGAINING AND CONTRACT MANAGEMENT
24.1.1 AGENCY ROLE IN COLLECTIVE BARGAINING
A. The role of the agency in collective bargaining will be outlined in the contract(s) or agreement(s).
1. This Contract is made for the purpose of setting forth the understandings and agreements between the parties governing the wages, hours, terms and conditions of employment for those employees included in the bargaining units identified herein. Article 1, Section 1 (a), FOP #90 Contract; Article 1, Section 1 (a), AFSCME #3066 Contract
2. The Employer recognizes the selected arbiter as the sole and exclusive representative for all employees included in the bargaining units described herein in any and all matters relating to wages, hours, terms and conditions of employment, and the continuation, modification, or deletion of an existing provision of this contract and for the administration of this Contract. Article III, Section 1 (a), FOP Contract; Article II, Section 1 (a), AFSCME Contract
3. The contract(s) or agreement(s) will specify the bargaining unit(s) to be recognized.
B. The City Administrator or his designee shall act as the bargaining representative for the City of Cumberland and the agreements shall specify the employee(s) who may represent the bargaining unit.
1. Each Bargaining unit is authorized to select one (1) employee designee and one (1) alternate to conduct bargaining unit business. The employee designee, upon giving reasonable notice, and upon authorization from the immediate supervisor, shall be 117
allowed reasonable time off during regular working hours to investigate a grievance, consult with the Employer in addressing labor/management issues or in processing a grievance, or to assist in the settlement of a dispute. Permission to perform these functions shall not be unreasonably denied. Article V, Section 3 (a), FOP Contract; Article III, Section 1, AFSCME Contract
2. In the interest of sound labor/management relations, upon request of either party, at a mutually agreeable date and time, not more than four (4) representatives of the Employer shall meet with not more than four (4) representatives of the employees to discuss pending issues and/or problems and to promote a more harmonious labor/management relationship.
C. The agreements shall specify the bargaining unit(s), representing the agency groups with which the City will negotiate.
1. The contract(s) or agreement(s) will be entered into between the City of Cumberland as the employer and the bargaining unit(s) for employee groups. Preamble, FOP Contract; Preamble, AFSCME Contract
2. The specific employees recognized in the bargaining unit(s) shall be specified in the contract(s) or agreement(s). Article III, Section 1 (a), FOP Contract; Article II, Section 1 (a), AFSCME Contract
D. The agency will participate in negotiations based on the principle of "good faith" bargaining.
E. The ground rules for the bargaining teams shall be decided in advance of the process for negotiation of substantive issues.
1. Ground rules should establish the size and composition of bargaining teams; the compensation of agency employees serving as official members of the bargaining teams during the bargaining process; the time schedules and agendas for meetings; the procedures governing release of information to third parties (including the media) during the bargaining process; the method of recording the deliberations, if any; the methods for introducing issues; and the methods for resolving conflict.
F. The agency's chief executive officer shall include an expression of the agency's philosophy of ensuring that the terms of the agreement(s) are met in spirit as well as through technical compliance.
24.1.2 REVIEW AND DISSEMINATION OF AGREEMENTS
A. The agency will have a written record of agreements resulting from collective bargaining, which shall be signed by both parties.
1. Any agreement resulting from collective bargaining will be disseminated to all affected personnel.
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2. The agreement(s) will be maintained on computer for reference by employees.
B. The agency shall review and amend those administrative directives necessary to ensure compliance with the agreement(s).
1. The review should be accomplished as quickly as possible following negotiations, with a reasonable period of time being provided to accomplish the review and amendment.
C. The Chief of Police will inform all supervisory and management personnel of the terms of the agreement(s) affecting personnel under their supervision.
1. The Chief of Police may wish to achieve this objective by distribution of the agreement and/or training and/or holding staff meetings.
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CUMBERLAND POLICE DEPARTMENT General Order #25 Subject: Grievance Procedure Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
25.1.1 Grievance Procedures 25.1.2 Process Management 25.1.3 Grievance Records 25.1.4 Annual Analysis
POLICY: A formal administrative process is provided to all Cumberland Police Department personnel as a means to resolve grievances that may occur with management in a fair and expeditious manner.
25.1 GRIEVANCE PROCEDURES
25.1.1 GRIEVANCE PROCEDURES
A. Definition
1. “Grievance” shall mean an allegation that there has been a breach, misinterpretation, or improper application of the Collective Bargaining Contract between the City of Cumberland and the Fraternal Order of Police (F.O.P.).
2. “Grievant” shall mean an employee or group of employees or, in the case of a grievance involving F.O.P. rights, the F.O.P..
B. Administrative Guidelines
1. The grievance and arbitration procedure contained in the Contract shall be the exclusive remedy for the resolution of disputes defined as “grievance”.
a. This shall not be interpreted to preclude either party from enforcing the arbitrators award in court.
b. This procedure shall not be construed in any manner to limit the statutory rights and obligation of the City of Cumberland.
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2. “Working Days” as set forth in the grievance steps shall be based on the Cumberland City Hall working schedule.
C. Procedural Steps
1. If a grievance shall be filed, the F.O.P. Representative or the President of Lodge #90 and/or the aggrieved employee shall file with the Chief of Police or Designee, within ten (10) working days of the alleged complaint a written notice of grievance thereof, with a copy to the City Personnel Office and the F.O.P.
a. The Chief or Designee, with the Shift Supervisor of the aggrieved, shall discuss the grievance with the aggrieved parties within five (5) working days of his receipt of the notice of complaint.
b. The only persons entitled to be present at this meeting are the Chief of Police or Designee, one other City Representative, the employee, and if the employee desires an F.O.P. Representative.
c. The Chief of Police or Designee shall respond in writing, to the grievant, with a copy to the City Personnel Office and the F.O.P. within five (5) working days following the discussion.
2. If the grievance has not been satisfactorily resolved, the F.O.P. Representative, or the President of Lodge #90, and/or the aggrieved employee shall file with the City Administrator, within ten (10) working days following receipt of the response from Step 1, a written notice of appeal, with a copy to the City Personnel Office and the F.O.P.
a. The City Administrator with the Police Chief or Designee and the Shift Supervisor, shall discuss the grievance with the aggrieved parties within ten (10) working days of receipt of the notice of appeal.
b. The City Administrator shall respond in writing to the appeal, with a copy to the City Personnel Office and the F.O.P, within ten (10) working days following the discussion.
3. Any grievance concerning the interpretation, application or alleged breach of the Collective Bargaining Contract that has been properly processed through the grievance procedure as set forth in Steps 1 and 2 and has not been settled at the conclusion, may be appealed to arbitration by the Fraternal Order of Police, Lodge #90, by serving a written notice on the City within twenty (20) calendar days after the City’s answer at Step 2 of the grievance procedure.
a. If the Lodge fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.
b. No individual employee shall have the right to invoke this arbitration procedure.
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4. If the grievance is still unresolved after Step 2, the F.O.P. may submit the grievance to arbitration. Such submission to arbitration must be made within ten (10) working days of receipt of the response of the City Administrator, as outlined in Step 2. The F.O.P. must notify management, in writing, of such submission.
5. Such arbitration shall be conducted by the American Arbitration Association and the matter shall be heard by such arbitrator as assigned by the Association.
a. The parties shall be bound by the usual procedural rules of the American Arbitration Association and all phases of the arbitration shall be conducted in accordance therewith.
6. The arbitrator shall be requested to issue a decision within thirty (30) days following the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties and shall be enforceable in the Courts of the State of Maryland.
7. The jurisdiction and authority of the arbitrator of the grievance and his opinion and award shall be confined to the specific provision or provisions of the Contract at issue between the Lodge and the City.
a. He shall have no authority to add to, alter, amend, or modify any provision of the Contract.
b. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the City and the F.O.P. The award, in writing of the arbitrator within his jurisdiction and authority as specified in the Contract, shall be final and binding on the aggrieved employee or employees, the Lodge and the City.
8. All grievances, appeals and responses, requests for review, and other matters relating to this Standard shall be in writing and copies of all documents shall be furnished to the City’s Personnel Officer and the F.O.P.
9. Time limits imposed by the grievance procedure may be extended by mutual agreement of the parties, in writing.
10. Any grievance not appealed or answered at any step of the grievance procedure, within the number of days specified, shall be considered settled in favor of the employee if not answered by the City, and settled in favor of the City if not appealed by the aggrieved, as specified.
25.1.2 PROCESS MANAGEMENT
The Deputy Chief will be responsible for providing coordination and management oversight to the grievance process.
25.1.3 GRIEVANCE RECORDS
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A. The Deputy Chief will be responsible for maintenance, accountability, and control of all grievance records. Records will be kept in secure file cabinets and will be accessible only to the Chief of Police and his representatives.
B. All grievances will be forwarded promptly on final completion to the Deputy Chief by sealed confidential correspondence for filing.
C. Administrative copies of grievances will be maintained in the following locations.
1. Employee Personnel File
2. Grievance Master File, Office of Chief of Police
3. City Personnel Officer
4. Employee
25.1.4 ANNUAL ANALYSIS
The Deputy Chief will conduct an annual analysis of grievance filed by Department employees. A summary report of the analysis will be provided to the Chief of Police for review. If an apparent trend is observed in filed grievances, the Chief of Police may initiate steps to minimize the causes of similar grievances in the future.
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CUMBERLAND POLICE DEPARTMENT General Order #26 Subject: DISCIPLINARY PROCEDURES Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
26.1.1 Code of Conduct and Appearance 26.1.2 Sexual Harassment Policy 26.1.3 Employee Copy of Code 26.1.4 Disciplinary System 26.1.5 Supervisory Role and Authority in Discipline 26.1.6 Disciplinary Appeals Procedure 26.1.7 Investigations of Cases Procedure 26.1.8 Records of Disciplinary Actions
26.1 DISCIPLINARY PROCEDURES
26.1.1 CODE OF CONDUCT AND APPEARANCE
A. Officers shall familiarize themselves with agency directives and procedures and city policies and procedures and will comply with these directives, procedures, and policies to the best of their ability.
1. Ignorance of directives and procedures shall not excuse their infraction.
2. Failure to comply with agency directives or procedures may result in disciplinary action.
B. The conduct of members shall be free from impropriety, such that their behavior, both on and off duty, at no time will bring discredit to the Cumberland Police Department or the City of Cumberland.
1. Prohibited behavior includes, but is not limited to:
a. Inattention to or carelessness in performing duty, lounging on duty, improper patrolling of the beat;
b. Sleeping, loafing, idling, or giving the appearance of being asleep on duty;
c. Recreational reading on duty, except when on break;
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d. Associating with persons of immoral or questionable character, consorting with prostitutes or loitering about places frequented by such persons;
e. Causing anyone to intervene or make solicitations in their behalf with City Council, City Administrator, Judges, or any superior officer, except employment of an attorney for representation before a board, commission or court of law;
f. Circulating or promoting any false reports that would tend to discredit the Cumberland Police Department or any member of the Department;
g. Failure to report for duty with full equipment;
h. Failure to respond to or to investigate a call or complaint;
i. Participating in any form of illegal gambling at any time, except in the performance of duty and while acting under specific orders of a superior officer;
j. Criticize or ridicule the Department, its policies, the City, its policies, or any City employees or agents by talking, writing, or expressing in any other manner where such expression is defamatory, obscene, unlawful, or tends to impair the operation of the Department by interfering with its efficiency or effectiveness or the maintenance or morale or discipline.
2. The use of alcohol and drugs is guided by the following principles:
a. No member shall consume, bring into, permit, or have possession of any intoxicating beverage (except that which is evidence) in a vehicle or on City property.
b. Members shall not consume alcohol while on duty unless necessary in the performance of police task and then only with the specified permission of a commanding officer and never while in uniform.
1) Officers in uniform or partial uniform are prohibited from consuming intoxicants whether on or off duty.
c. Members shall not use intoxicants while off duty to the extent that any evidence of such consumption is apparent when reporting to duty.
d. Members shall refrain from consuming intoxicants to the extent that it results in impairment, intoxication, or obnoxious or offensive behavior which discredits them or the Department or renders the member unfit to report for their next regular tour of duty.
e. Members shall not use drugs or narcotics unless such drugs or narcotics are properly prescribed by a physician or dentist for illness or injury.
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1) Members will at no time use any substance that will render him/her unfit for duty except under a physician's orders.
2) This section in no way prohibits the use of "over the counter" or prescribed drugs under a physician's direction.
3. The conduct of officers as it relates to gratuities, bribes, and/or rewards shall be guided by the following principles:
a. Employees shall not under any circumstances solicit any gifts, gratuity, loans, or fee where there is any direct or indirect connection between the solicitation and their employment.
b. Members shall not accept, either freely or indirectly, gifts, gratuities, loans, or fees arising from or offered because of police employment.
c. Members shall not solicit free admission to theaters and other places of amusement for themselves or others, nor solicit discounts from any businesses, nor accept free passes or discounts when the acceptance bears directly upon their police employment.
d. Members shall not apply for, receive, nor share in any reward for services rendered in the line of duty except the lawful salary and any additional amounts set forth by ordinance or agreement.
e. Members and employees shall pay all just debts and legal liabilities incurred by them.
4. Members of the Department must be very aware of their authority and must carefully avoid abuse of their authority.
a. Members and employees shall not abuse the use of their official position or identification.
b. Officers shall not use their official position, official identification cards or badges, for personal or financial gain, for obtaining privileges not otherwise available to them except in the performance of their duty, or for avoiding consequences of illegal acts.
c. Officers shall not lend to another person their identification card or badge or permit them to be photographed or reproduced without the permission of the Chief of Police.
d. Officers shall not authorize the use of their name, photographs, or official titles which identify them as officers, in connection with testimonials or advertisements without approval of the Chief of Police.
e. Members and employees shall not seek personal publicity in the course of their employment. 127
5. The use of force is governed by standards in section 1.3 of General Orders, by statute and ordinance, and no member shall willfully, wantonly or through culpable negligence be brutal or cruel to a person in custody.
6. Members of the Department are individually charged with the responsibility for the proper use and care of Department equipment and property, and are accountable for that property which is issued to them and may be held personally liable for any damage or loss of property or equipment resulting from their carelessness or negligence.
a. Members shall not mar, mark or deface any surface in any City building nor affix materials to any surface without the authorization of the Chief of Police.
b. Members shall report in writing as soon as possible to their superior officer any damage to, or loss of, agency property.
1) Supervising officers shall then notify the Chief of Police in writing and make recommendations regarding individual liability.
c. Members are required to surrender all agency property issued to them and in their possession upon separation from the Department.
d. Members shall not use any agency vehicle without the permission of the Chief of Police.
1) No departmental vehicle shall be used in any manner that is not connected with police purposes and the performance of duty. Also see Take Home Vehicle Program G.O. 41.3.7
2) No police vehicle is to be used for special duty without the consent of the Chief of Police or the Deputy Chief.
e. All equipment is to be maintained in a clean condition, in good working order, and in conformance with Department specifications.
f. Members are to operate all vehicles in a reasonable fashion with due regard at all times for the safety of other vehicles, pedestrians, and bicyclists.
g. Citizens will not be transported in departmental vehicles except when necessary to accomplish a police or official City purpose.
1) Such transportation will conform with policy.
2) Civilians who are transported as a part of a ride-along program shall fill out an appropriate waiver form prior to riding. This does not include civilians as listed in G.O. 16.4.1.
7. Members and employees shall be courteous and orderly in their dealings with the public.
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a. They shall perform their duties quietly, avoiding harsh, violent, profane, or insolent language and always remain in control of their behavior regardless of the provocation to do otherwise.
b. Upon request they are required to supply their names and identification numbers in a professional manner.
c. They shall attend to requests from the public quickly and accurately, avoiding unnecessary referral to other parts of the department.
8. All members, while charged with vigorous and unrelenting enforcement of the law, must remain completely impartial toward all persons coming to the attention of the department.
a. Violations of the law are against the people of the state and not against the individual officer.
b. All citizens are guaranteed equal protection of the law.
c. Exhibiting partiality for or against the person because of race, creed, gender, or influence is considered conduct unbecoming an officer.
1) Similarly, unwarranted interference in the private business of others when not in the interest of justice is also considered conduct unbecoming an officer.
9. Members and employees shall treat superior officers, subordinates, and associates with respect.
a. They shall be courteous and civil at all times in their relationship with one another.
b. When on duty, and particularly in the presence of other members, employees or the public, officers shall be referred to by rank.
10. The office of the Chief of Police shall be notified in writing of all requests for public speeches, demonstrations, etc. and shall contain the name of the requesting party or organization, location, date, time, subject matter, and police personnel to be involved.
a. Under no circumstances will members or employees of the Department agree to speak or to appear in any demonstration before any organization outside the City of Cumberland without the express permission of the Chief of Police.
1) This will allow the department to consult with the outside agencies in whose jurisdiction we are going to appear and clear the permission to speak with them.
b. A member or employee receiving a request to participate in any type of personnel or oral interview board shall instruct the requesting party to forward a written request to the office of the Chief of Police.
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1) Such request shall be processed by the office of the Chief of Police and a permanent record will be maintained.
2) Personnel may be assigned in response to such a request by the Chief of Police with the approval of the City Administrator.
11. No member or employee shall knowingly become a member or be connected with any subversive organization, except when necessary in the performance of a police duty and then only under the direction of the Chief of Police.
12. While on duty, members of the Department shall respond without unnecessary delay to all calls for police assistance from citizens or other members.
a. Emergency or priority calls take precedence. However, all calls shall be answered as soon as practical, consistent with normal safety precautions and vehicle laws.
b. Failure to answer a call for police assistance promptly, without justification, is considered neglect of duty.
c. Except under the most extraordinary circumstances or unless otherwise directed by competent authority, no member shall fail to answer any land-line or radio call directed to them.
1) Members shall inform communications and their supervisor when they will be away from the radio.
13. Display of the United States flag at facilities of the department and by individuals representing the department shall be in accordance with the provision of the National Flag Law.
a. The United States flag and the State of Maryland flag shall be of the same size when displayed together, with the United States flag flown above the State flag.
b. The State flag shall be flown so that it does not interfere with any part of the United States flag.
c. The United States flag shall always be placed in position of first honor.
d. The United States flag shall be flown at half staff at the discretion of the President of the United States; when authorized when an officer has been killed in the line of duty, from the time of death until sunset on the day of the funeral; and on other occasions at the direction of the City Administrator or the Chief of Police.
14. Members and employees shall render the appropriate patriotic courtesies to the flag.
a. A uniformed officer at a parade need salute only the United States flag at the head of a parade.
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1) When the flag is six paces from the officer, the officer shall face the flag and render a hand salute until the flag is six paces beyond the officer.
2) Other groups of colors that follow may be saluted if the officer's immediate attention to duty is not necessary.
b. During the ceremony of hoisting or lowering the United States flag, those officers present and in uniform shall render the prescribed hand salute.
c. When the National Anthem is played at any ceremony, an officer in uniform, including hat, shall stand at attention, face the United States flag, if present, and render the prescribed hand salute.
1) If there is no United States flag present, the officer shall face the band and render salute.
2) Officers who are in uniform, except for a hat, shall stand at attention.
3) Officers who are in civilian dress shall stand at attention after removing any hat or other head cover.
15. Members and employees shall not use the department as a mailing address for private purposes, nor shall the department address be used on motor vehicle registrations or operator or chauffeur licenses.
16. Departmental equipment is not to be used for excessive personal use.
a. Department telephones shall not be used for excessive personal use.
17. All crashes involving police vehicles shall be recorded on State of Maryland Motor Vehicle Accident Reports (MSP Form #1). (Also see G.O. 61.2.7)
a. If the crash occurs outside the City of Cumberland, the proper authorities shall be contacted immediately to conduct a crash investigation and the involved officer shall request a copy of the report.
1) If the crash occurs within a reasonable distance of the City, a supervisory officer will be sent to the scene.
b. When the crash involves a City of Cumberland police cruiser inside the city limits, the Duty Supervisor or designee is to be called to investigate.
c. A Crash Reconstructionist shall be called under the following circumstances:
1) There is a fatality
2) When there is Non-Ambulatory personal injury
3) Major disabling damage to the police vehicle or overturned 131
4) There is extensive damage to other vehicle involved, including rollover
5) The crash is the result of a pursuit
d. The Duty Supervisor shall see that all necessary details are handled, that the Chief and Deputy Chief are contacted, that a complete investigation is conducted, and that all information concerning the crash be forwarded to the Chief of Police through the chain of command.
e. The Chief of Police and Deputy Chief shall be contacted in all cases of serious crashes (extensive damage, injury, or fatality).
18. No employee shall be reduced in pay or position, suspended, removed or reprimanded except for just cause. In addition to violations of Laws and Ordinances, this Code, and Departmental Rules and Regulations, examples of just cause include, but are not necessarily limited to, the following:
a. Falsification, misstatement, exaggeration, or concealment of material fact in connection with employment, promotion, and record, investigation or other proper proceeding.
b. Disrespectful conduct, use of insulting, abusive, or obscene language to or about other city personnel or the public while on the job.
c. Gambling or unlawful betting on city property.
d. Reporting for duty or being on duty while under the influence of intoxicants or controlled substances which are not taken under the supervision of a physician.
e. Failure to start work at the designated time, quitting work before the proper time, or leaving work during working hours without the permission of the appropriate supervisor.
f. Failure to observe precautions for personal safety, posted rules, signs, safety instructions, or to use protective clothing or equipment.
g. Unexcused or unauthorized absences on one or more scheduled days of work or failure to report for work without giving proper advance notice, unless such advance notice was impossible to render.
h. Deliberate discrimination against an employee or applicant because of race, color, religion, sex or national origin not related to job performance, or any reprisal action against any employee or applicant based on the above criteria.
i. Insubordination, deliberate refusal to carry out any proper order from any supervisor having responsibility for the work in which an employee is engaged.
j. Creating or contributing to the poor condition of City equipment or property. 132
k. Vending, soliciting or collecting contributions on the employer's time without authorization of the Chief of Police
l. Posting, removing, or defacing any matter on the employer's walls, doors or bulletin boards without authorization of the Chief of Police.
m. Permitting any unauthorized person to enter into or ride in a City vehicle without express, written authorization from the employer unless such action is taken in the direct interest of the health, safety and welfare of the citizenry and the Public.
n. Failure to report a personal injury accident in the performance of job duties. Such report must be in writing and submitted to the Chief of Police.
o. Failure or unnecessary delays in carrying out orders, work assignments or instructions.
p. Unauthorized possession of, use of, loss of, or damage to City property or endangering same through carelessness.
q. Disorderly conduct; fighting; threatening or attempting to inflict bodily injury to another; engaging in horseplay; resisting competent authority; triggering false alarms of fire or emergency preparedness systems.
r. Conviction of a felony while an employee of the City.
s. Abusive, threatening or coercive treatment of another employee or the public while on the job.
t. Inability to get along with fellow employees so that work is hindered or does not meet required standards.
u. Conduct unbecoming an employee; immoral or indecent conduct.
v. Making irresponsible statements, which are slanderous or misrepresent the position of the City or City Officials.
w. Sleeping or lounging during working hours.
x. Excessive, unexcused tardiness after verbal reprimands have failed to correct employee behavior.
y. Any other offense of equal magnitude to the above.
19. Smoking is prohibited throughout all City facilities and while operating a City vehicle.
C. The members and employees of the Cumberland Police Department will adhere to the following standards concerning DRESS AND APPEARANCE.
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1. Uniformed Personnel Standards - All departmental personnel assigned to wear the uniform of the Cumberland Police Department will adhere to these standards whenever in uniform, while on-duty, or off-duty and attending court or an authorized overtime employment detail.
a. All new officers will be issued standard equipment in accordance with CPD Form #3
b. All uniforms will be worn complete as prescribed for the season and will not be worn with any civilian, non-uniform, or unauthorized items of clothing. (See 41.2.14 regarding summer and winter uniforms)
c. Shirt and trousers will be kept clean, neat, in proper repair, with military pleat or press.
d. Officer safety is of paramount importance and as a general rule, body armor should be worn by all personnel in Patrol while on shift duty an assignments, including the Shift Supervisor. (See G.O. 41.3.6)
1) Investigators and Administrative personnel will have body armor readily available.
e. Uniform shoes or uniform boots shall be worn by members of the department who are required to dress in the uniform of the day. Black or dark navy blue socks must be worn with low-cut shoes.
1) Only departmental issued shoes will be worn.
a) Chuka boots are classified as shoes
b) Departmental issued shoes will be part of the officer’s uniform for court appearances.
2) Only departmental issued boots will be worn and then only during inclement weather or when included as part of the uniform of the day by the Shift Supervisor or the Operations Commander.
a) Issued boots are a part of the K9 officer’s uniform.
f. All leather goods worn, inclusive of gun belt, holster, magazine holders, cuff holders and other authorized items are to be properly cleaned, black and maintained.
1) All leather goods and equipment worn by officers on duty will be issue only. All fasteners will be Velcro® or of a hidden snap type.
2) Only the gun belt buckle will be brass.
g. Issued uniform headgear shall normally be worn outdoors except during extenuating circumstances. 134
1) Cumberland Police Department issued "ball cap" may be worn by the canine officer as a part of his/her uniform.
a) Any on-duty use of ball caps by other sworn personnel, unless granted permission by the Chief of Police, is prohibited.
h. Jackets, when worn, shall be completely buttoned/closed and shall display the breast badge on the outside.
i. All brass, including badges worn on uniforms or hats will be kept clean and well maintained, as shall any other authorized insignias worn.
1) The large badge shall always be worn on the outermost garment.
2) Only designated insignia of rank and/or of achievement, length of service, etc. may be worn on the uniform and shall be clean and well maintained.
a) The standard pin approved by the department for specialized functions may be worn. These include
(1) C.E.R.T.
(2) Canine (K-9),
(3) Field Training Officer (FTO)
(4) School Resource Officer
(5) Motor Officer
3) Issued tie clasps or tie pins shall be worn with a tie and shall be clean and maintained.
j. Dark navy blue and orange reversible raincoats may be worn in inclement weather.
k. Gloves worn with the uniform shall be black or navy blue.
2. Non-uniformed Personnel Standards -- Any employee, including civilians, assigned to duties not requiring the wearing of a uniform will be expected to adhere to the following clothing standards.
a. Civilian clothing worn on-duty by male officers/civilians shall consist of a business suit, sport coat with tie, or casual pants and shirt. Styles shall be consistent with those worn by general City employees who work in a business office environment. Blue jeans are not permitted.
b. Female personnel shall wear acceptable office attire which may consist of a dress, skirt and blouse, slack and blouse, or pant suit; practical office style footwear. 135
Styles shall be consistent with those worn by general City employees who work in a business office environment. Blue jeans are not permitted. Acceptable outerwear will be at the discretion of the respective commander in keeping with conservative business attire and professional image.
c. An Investigator could be exposed to situations which require arrest at any given time and without notice, therefore, personnel working in that capacity are encouraged to wear body armor when actively working an investigation and investigators are required to wear body armor when:
1) Actively serving arrest warrants.
2) Engaged in a "high risk" operation.
3) Part of a search warrant or a raid.
4) If body armor is not worn, it shall be placed in the cruiser to make it available to the officer.
d. Exceptions may occur at the discretion of a supervisor where such clothing standards would interfere with the specific assignment of the officer.
3. Personnel Appearance Standards -- Every employee when reporting for duty must maintain their personal appearance as neatly as possible, with the following minimum standards adhered to, except where assigned duties require deviation, at the authorization of a commander.
a. Men's haircuts shall not touch the shirt collar in the rear, or side growth shall not touch the ears. The style shall not prevent the hat from resting on the head. Haircuts or hair coloring of a faddish or unnatural nature or appearance will not be permitted.
b. Sideburns with limitations are permitted. The length may extend down to the midpoint of the ear. The width of the sideburn shall be no more than one (1) inch, with edges parallel to prevent being flared. Sideburns are to be kept neatly trimmed at all times, and shall not be bushy or shaggy in appearance.
c. Mustaches shall be neat and trimmed, with the ends not to exceed ¼ inch past the corner of the mouth, the ends of the mustache shall not be waxed or twisted.
d. No beards of any type are permitted.
e. Female sworn personnel shall arrange their hair in such a style so as to prevent any hair from ending below the midpoint of the shirt collar. The style shall not prevent the hat from resting on the head.
1) Haircuts, hairstyles, or hair coloring of a faddish or unnatural appearance will not be permitted.
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f. The moderate use of makeup by females is permissible for uniform wear, however, heavy use of makeup is unacceptable.
1) The use of eye shadow for uniform wear is prohibited.
g. No earring of any style or design shall be worn while on-duty by any sworn member of the department.
h. Personnel assigned to investigative duties and other specialized enforcement activities, including the Combined County Criminal Investigations Unit (C3I), which require an inconspicuous appearance, may be exempted from the provisions of this Order, upon approval from the Chief of Police.
4. Except where impractical or when not feasible, or where the identity is obvious, officers shall identify themselves by displaying the official badge or Police Department identification card, or both if requested to do so, before taking police action.
a. At the scene of a police incident plain clothes or off-duty officers are to display their ID cards or badges on the outer clothing where it may be visible to the public.
D. Each employee of the agency is responsible for submitting overtime slips, vacation requests, court summonses and other appropriate documentation in order to be correctly compensated by the City of Cumberland in a timely manner.
1. It is the policy of this department that overtime slips shall be submitted in a timely manner.
2. Vacation requests:
a. Vacation requests will be submitted to the employee's immediate supervisor for review and approval.
b. The supervisor will approve or disapprove the request.
c. If the request is disapproved by the supervisor, the reason will be noted on the request and returned to the employee.
d. If a request is disapproved, the employee can ask to have the request reviewed by next in command. This will usually be the Deputy Chief.
• e. The Deputy Chief will approve or disapprove the vacation request.
f. The employee will receive a copy of the approved leave request
g. If a request is disapprove by the Deputy Chief, the employee can ask to have his request reviewed by the Chief of Police. This will be the final step and any decision will be final. No other consideration will be given to the request. The only appeal will be if there is a contractual problem. Any appeal at that time will be a grievance, which procedures are covered under General Order 25. 137
h. Any officer who requests not less than five (5) consecutive days is given preference over a senior officer who is requesting less than five (5) days; that is, vacation for a period of five (5) or more days is not interrupted for a senior officer who is taking only one day at a time.
i. Employees shall attempt to have one-fourth (1/4) of his/her vacation taken in the first quarter, one-half (1/2) by the end of the second quarter, three-quarters (3/4) by the end of the third quarter, etc. By special request to their supervisors, it is permitted for an officer with seniority to hold some vacation for special trips until the second or third quarter. Any employee saving leave time shall advise their supervisor the reason vacation is being saved.
j. Vacation seniority preference is by date of employment for patrol officers. For Corporals and higher grades, seniority is determined by date of appointment to the rank held by the officer. Officers senior in grade have preference over those in lessor rank; that is, Corporals over patrol officers, Sergeants over Corporals. However, it should be understood that only one supervisor from the shift; that is, Sergeant or Corporal, is permitted to have vacation at any one time. Of course, if there are enough supervisory people on the shift, after the patrol officers have made their vacation selections and more people can be left off, then at least one other supervisor could be given vacation.
k. The sign-up for quarterly vacation will be one month in advance of the beginning of a new quarter and the request must be in by the date specified in the written or E- Mail notice. If a request is received after the date specified, then the vacation is only approved if there is an opening for vacation. Seniority has, at that point, been sacrificed by the officer who failed to have his/her vacation request in by the date specified.
l. When an employee has an emergency and wants vacation, every effort is made to have that employee off on the days requested. (See Article XI, Section 2 “Other Leave”, FOP Contract)
3. Court Time
a. Any court time, including District Court, Circuit Court, or Juvenile Court, will not be paid unless a summons, subpoena or court slip is submitted.
1) A letter to appear for an Administrative Hearing at the Motor Vehicle Administration will also be paid as court time.
b. Court slips, summons or subpoenas must be signed by an authorized employee of the court in which the summons or subpoena originated.
c. Court slip (summons or subpoena) must be submitted to the Chief’s Office in a timely fashion in order for the employee to be paid.
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d. All court time will be paid in accordance with the appropriate sections covered in the FOP Contract, Article XVII.
e. Court appearances outside of Allegany County, Maryland are covered under the FOP Contract, Article XVII, Section (d).
E. Duty Supervisors will be responsible for submitting, at the end of tour of duty of each shift, the schedule of officers that worked during that particular shift. Also included in the schedule will be:
1. Personnel that were off, including, but not limited to:
a. Sickness;
b. Injured on duty (IOD);
c. Suspension or other disciplinary reason; and
d. Regular day off (RD).
2. Personnel working overtime from previous shift.
3. Personnel called out to work overtime.
4. Change in Duty Supervisor status.
26.1.2 SEXUAL HARASSMENT POLICY
The purpose of this policy is to establish a standard of conduct for employees that ensures the workplace is free of discrimination and harassment, and to secure a work environment that is at all times equitable, respectful, professional and free of offensive behavior for every Cumberland Police Department employee.
Sexual harassment in the workplace will not be tolerated and employees who engage in such conduct are subject to appropriate disciplinary action. There is no place in the Cumberland Police Department for discrimination or harassment of any kind. All employees are to conduct themselves in a professional manner in all work environs and in all their dealings with other employees, as well as those individuals outside the Cumberland Police Department with whom they have contact in the course of official business. Every supervisor is to ensure that the workplace is free of discrimination and harassment and to take swift, appropriate action to address harassing behavior.
A. Definitions
The Equal Employment Opportunity Commission (EEOC) Guidelines make it very clear that employers will be considered absolutely responsible for acts of supervisors which constitute sexual harassment. This is so regardless of whether the specific acts complained of were authorized or even forbidden by the Company. 139
According to the Guidelines, "unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" will be considered harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Such has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment."
Examples of conduct which may be considered sexual harassment or create a hostile work environment, whether committed by supervisors or fellow employees, may include but are not limited to, oral or written comments of a sexual nature or comments regarding an individual’s body; statements; anecdotes; jokes; sexually degrading terms used to describe and individual; teasing; gestures; physical contact or threats of physical contact; display or books, magazines, or pictures of sexual nature that are, in the view of the recipient, offensive and unwelcome.
B. Procedure
1. When an employee finds such conduct offensive or unwelcome, they are encouraged to bring it to the attention of the offending party.
2. If the behavior is not thereafter corrected, the employee will bring the conduct to the immediate attention of the appropriate supervisor or, if necessary, a higher level official.
3. Employees who are aware of such conduct directed at other employees or another employee will report such conduct as directed in B (2) above.
4. An immediate investigation will be conducted as directed by the Chief of Police. Since some internal investigations are performed, on request, by the Maryland State Police, the Chief of Police shall decide how an investigation into allegations of sexual harassment or sexual discrimination in the Cumberland Police Department will be conducted.
5. Individuals who are found to engage in sexual harassment are subject to appropriate disciplinary action. The action taken will be firm and swift and may range from oral reprimand to dismissal.
C. Alternative Rights
1. There is nothing in policy to prohibit an employee from exercising his/her rights under the Equal Employment Opportunity Act or seeking any other redress outside this agency.
2. Employees who believe they have experienced sexual harassment will not be subject to reprisals be coworkers or management.
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D. Supervisors
1. Supervisors who become aware of such conduct must take appropriate action by bringing the matter to the attention of the proper management official (Deputy Chief, Chief of Police).
2. Supervisors who fail to take appropriate action will be subject to disciplinary action; which may range from oral reprimand to dismissal.
26.1.3 EMPLOYEE COPY OF CODE
A. All members of the agency will be given issued copies of all references to the code of conduct and appearance.
1. These copies will be given to the officer during his/her field training and will be periodically updated.
26.1.4 DISCIPLINARY SYSTEM
A. The agency has procedures and criteria for rewarding employees, including letters of commendation and awards, as outlined in the Cumberland Police Department Awards and Commendations Program.
1. The Awards and Commendations Program is established by the Cumberland Police Department to recognize acts of heroism and/or exceptional service by individuals within the Cumberland Police Department and to promote morale within.
a. This also includes Officer of the Quarter and Officer of the Year awards.
2. An Awards Committee is established at the direction of the Cumberland Chief of Police. Any member of the Cumberland Police Department or any private citizen may submit a letter of recommendation for an award or citation to any member of the Awards Committee. Any such letter shall contain the nominee's name and a summary of facts concerning the recommendation. The Awards Committee shall review any and all submitted recommendations and approve or disapprove the award. Eligibility for awards and commendations shall include all members of the Cumberland Police Department and Clerks. Members of other law enforcement agencies may be recommended and awarded a Cumberland Police Department Award/Commendation for acts of heroism, bravery, valor, or other meritorious acts.
a. Officer of the Quarter/Officer of the Year Committee will consist of the Command Staff
1) In case of a tie in voting, the Chief of Police will have final authority on either the Officer of the Quarter or Officer of the Year awards
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3. The Chief of Police shall award all certificates and letters to the honoree entitled to such award. Letters and/or certificates shall cite meritorious acts and a photostatic copy of such letters and/or certificates shall be placed in and become a permanent part of his/her personnel file. Only one award is authorized per individual for any one incident regardless of the number, if any, of injuries sustained.
4. Awards presented to officers by other agencies or organizations may be worn with the approval of the Chief of Police.
a. Agencies such as the Maryland Police and Corrections Training Commission (MPCTC) have award programs, which include ribbons which may be worn by an officer. (See 41.3.4)
B. Training may be used in conjunction with other forms of discipline when it can be shown that an act of omission or an error resulted from the agency's lack of training or the individual member's failure to assimilate certain information.
1. Training can be used to strengthen the member's knowledge, skills, and/or abilities.
2. Training can be in the form of in-service or extra-departmental training.
3. The agency may demand a certain level of performance be demonstrated following completion of training and prior to making a final decision considering the ultimate outcome of disciplinary proceedings.
C. Counseling may be used in conjunction with or in lieu of discipline.
1. The counseling may be on a formal or an informal basis.
2. Counseling may be handled intra-departmentally, inter-departmentally, or by an external agency.
3. The agency may demand documentation of counseling sessions.
D. The agency has procedures and criteria for taking punitive actions in the interest of discipline.
Scope of Order
The conduct which is to be handled in accordance with this order is all alleged or suspected violations or statutes, ordinances, departmental rules and orders by sworn members of the Cumberland Police Department.
1. Each member of the department will perform the duties and assume the obligations of his rank in the investigation of complaints or allegations of misconduct against members of the Police Department and will cooperate fully with any member of the Cumberland Police Department conducting such investigation.
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Supervisory and Command Personnel will themselves initiate investigations when the subject complained about or observed in connection with an infraction is within the scope of their authority.
Untruthfulness committed by any member of the Police Department is a very serious transgression and any member found guilty of the transgression may be subject to dismissal, or such other punishment as may be adjudged.
2. With the exception of minor infractions described in paragraph 3(b) below, which Commanding Officers are expected to resolve, all allegations or suspected actions of departmental personnel which involve the possible commission of a criminal offense, misconduct, neglect of duty, or other violation of departmental rules or orders must be reported to the Chief of Police. This report will be made by the Supervisor or Commanding Officer who first received information of an alleged violation, even when it is believed to be unfounded. Anonymous reports will be forwarded in the same manner as those in which the complainant is identified. In those cases concerning allegations of brutality, the reports shall be placed in a confidential file of this
The principles of progressive disciplinary action will be followed with respect to minor offenses. For minor offenses, an oral reprimand, a written reprimand, and a suspension shall be given prior to demotion or dismissal.
The primarily responsibility for the administration of discipline shall rest upon the immediate supervisor of the employee to be disciplined, although if he fails to take actions, which in the opinion of his superior is justified, such superior himself may impose the discipline. Such disciplinary action may consist of any action which is appropriate to the offense, including: a. Informal (oral) reprimand;
b. Formal, written reprimand which becomes part of the employee's personnel file;
c. Suspension from duty without pay;
d. Demotion in rank or reduction in salary; e. Dismissal.
Disciplinary action taken against an employee, which is other than in the nature of a minor first offense warning, shall be in writing and made a part of the employee's permanent personnel file.
A suspension from duty without pay for a period exceeding three (3) days must be reviewed and approved by the City Administrator prior to becoming effective. Informal reprimands, formal reprimands and suspensions from duty without pay for three (3) days or less shall not require prior approval by the City Administrator. However, it is suggested that the Chief of Police notify the City Administrator whenever an employee is suspended for three (3) days or less. Nothing in this section shall be deemed to preclude an employee from being relieved 143 of duty if in the judgment of his supervisor such action is necessary. In all cases of discipline, the Grievance Procedure set shall control. Disciplinary actions shall in all cases be dealt with in a confidential manner. Specifically, employees who are or who may be the subject of any disciplinary action and supervisors/superiors who take or are considering taking any disciplinary action shall refrain from discussing or otherwise disclosing such action to any persons except those who by this Code or other law are entitled to such information. Whenever a written communication is transmitted to a higher supervisory authority in which matters are discussed which, if true, could become the basis of disciplinary action against an employee (whether or not such disciplinary action is subsequently taken), the employee who is the subject of such communications shall be given a copy of it at the time of its transmittal. This paragraph does not apply to communications regarding a criminal investigation into activities of an employee."
3. Discipline for Cause and Progressive Discipline
a. The tenure of every employee shall be during good behavior and efficient service. No employee shall be reprimanded, suspended, reduced in pay or rank, or removed, except for grounds stated in this General Order. The Employer may take disciplinary actions against any employee only for just cause. The Employer may take this type of action while the employee is on duty; working under color of employment for the Employer; or off-duty representing himself as an employee of the Department. The employee may not be disciplined for actions on his own personal time that do not reflect directly on the Department, or do not violate any State or Federal statutory provisions, or off-duty employment Departmental Standards of Conduct, Rules and Regulations. Incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment or neglect of duty, absence without leave, or any conduct unbecoming an officer, or any other acts of misfeasance, malfeasance or nonfeasance, or violations of any Cumberland Police Department General Orders shall be cause for disciplinary action."
b. Discipline will be applied in a progressive and uniform manner as to the same or similar violations with respect to the same or similar minor offenses. Progressive discipline (applicable to minor offenses only) shall take into account the nature of the violation, an employee's record of discipline, and the employee's record of conduct. As used herein "minor offenses" include violations of the provisions of the Cumberland Police Department's Policies and Procedures Manual other than those offenses referenced in Section 4 hereinafter and those offenses that could reasonably be expected to jeopardize the safety of the public, law enforcement personnel or the City of Cumberland employees. For offenses other than minor violations, progressive discipline need not be applied and suspension, demotion, dismissal or other disciplinary action may, but need not, be imposed as a sanction for any such violation, taking into account the nature of the violation, the employee's record of discipline, and the employee's record of conduct.
Ordinarily, progressive disciplinary action will involve an oral reprimand before a written reprimand, a written reprimand before a suspension, and a suspension before reduction in pay or rank/removal for a repeated or related offense. The commission of a repeated or related offense for which an oral reprimand has been given permits, but does 144
not require, the Employer to issue a written reprimand. Should a written reprimand be issued, the Employer is permitted, but not required, to issue a suspension for the commission of repeated offense of the same or related offense. Should a suspension be issued, the Employer is permitted, but not required, to reduce in pay or rank or remove the employee for the commission of a repeated offense of the same nature or related offense.
In all instances of discipline, the City shall only impose a disciplinary penalty commensurate with the offense, which, where practicable, may assist the employee in correcting whatever action or behavior is deemed inappropriate. Nothing herein precludes the Employer from utilizing positive steps, including counseling, to correct an employee's inappropriate action or behavior.
When disciplinary action is first proposed, the employee and his representative will be allowed an opportunity, if desired, to meet with the appropriate supervisor to discuss the proposal."
4. If a supervisor or command officer believes that the integrity or best interest of the department requires an immediate suspension of a member due to the seriousness, particular circumstances, or possible criminal involvement of an offense, that officer may do so.
a. The suspended member and the officer ordering the suspension shall be required to report to the office of the Chief of Police within twenty-four (24) hours, unless otherwise directed by the Chief.
b. Upon hearing the facts of the case, the Chief of Police shall make recommendations and may require the employee to report to the office of the City Administrator on the next business day, at which time the City Administrator may take whatever actions he deems necessary.
c. If the emergency suspension is deemed unjustified, the member shall be compensated for the lost time.
5. A written report will be submitted any time disciplinary action is taken or recommended (except oral reprimands).
a. This report will include the name and assignment of the person subject to discipline; the date(s), time(s), location(s) of the alleged misconduct; the Section Number of this manual or common name of the infraction involved; a complete statement of facts of the alleged misconduct; the punishment imposed or recommended; the signature of the preparing officer and his/her relationship to the member subject to discipline.
b. The preparing officer shall distribute copies of this report to the Chief of Police, the Commanding Officer of the member, a copy for the preparing officer, and a copy to the employee subject to discipline.
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c. Each level in the Chain of Command will endorse and forward disciplinary reports with a recommendation for "approval", "disapproval", or "recommended modification" in a timely manner and without delay.
d. No member or employee shall alter or cause to be altered or withdrawn any disciplinary report.
e. Disciplinary reports shall be placed in the member’s personnel file, subject to review as provided.
6. At the discretion of the Chief of Police, a member subject to suspension or dismissal may be ordered to surrender their badge, identification, and issued weapon(s).
7. If discipline involves the disciplined person's immediate supervisor, it shall not be considered a violation of chain of command for the disciplined person to forward their concern or appeal to the supervisor's immediate supervisor.
26.1.5 SUPERVISORY ROLE AND AUTHORITY IN DISCIPLINE
A. The primary responsibility for monitoring and controlling the actions of members and employees rests with their immediate supervisor, who shall normally be the initiators of the disciplinary process and who should use their knowledge of supervision, their knowledge of the particular subordinate, their knowledge of the particular infraction and the circumstances surrounding the infraction to recommend corrective actions.
B. The prerogative to issue oral reprimands and written reprimands is solely within the Departmental Chain of Command. Where there is reason to believe that an employee is guilty of an offense which might lead to suspension, reduction in pay or rank, or removal, the Chief has the responsibility to prefer charges and the proposed penalty against the employee, which charges may be heard in a Pre-disciplinary Conference. In preferring charges, the Chief shall provide the employee with all evidence supporting the charges.
C. Immediate supervisors may issue oral and written reprimands and may, in cases of severe infractions, impose emergency suspensions. (26.1.4 D 4)
D. Immediate supervisors may forward other disciplinary reports in writing through channels recommending suspensions or other disciplinary actions, which shall be reviewed by the Chief of Police. (26.1.4 D 3)
E. The Chief of Police is ultimately responsible for the determination of disciplinary action to be taken. (26.1.4 D 2)
26.1.6 DISCIPLINARY APPEAL PROCEDURES
All Disciplinary appeal procedures are covered under the Law Enforcement Officers Bill of Rights (LEOBR), Public Safety Title 3, Subtitle 1, Section 3-101 through 3-113.
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26.1.7 INVESTIGATION OF CASES OF DISMISSAL
A. Pursuant to disciplinary procedures, and in the interests of clarity, an officer subject to dismissal shall be given a statement citing the reason(s) for dismissal, the effective date of dismissal, a statement of the status of any benefits due the officer following dismissal, and a statement as to the content of the officer's employment record relating to the dismissal.
B. This shall not be applicable to employees in a probationary, entry-level status.
26.1.8 RECORDS OF DISCIPLINARY ACTIONS
A. "Whenever a disciplinary action is taken which results in a disciplinary action of record, the employee shall be given a copy of such record."
B. The retention of disciplinary records may be governed under contract(s) or agreement(s) with the bargaining unit(s).
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CUMBERLAND POLICE DEPARTMENT General Order #31 Subject: Recruitment Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
31.1.1 Recruitment Program 31.1.2 Recruitment Program - Qualifications 31.2.1 Employee Minority Ratio 31.2.2 Affirmative Action Plan 31.2.3 Equal Employment Opportunity Plan 31.3.1 Employment Announcement Contents 31.3.2 Recruitment Assistance - Service Organizations 31.3.3 Department Contact with Applicant 31.3.4 Application Rejection
31.1 ADMINISTRATIVE PRACTICES & PROCEDURES
31.1.1 RECRUITMENT PROGRAM
A. The Cumberland Police Department shall have a recruitment program to attract applicants for actual or forecasted department vacancies. The goal shall be to compete with other employers for qualified applicants.
B. It shall be the policy of the Cumberland Police Department to actively participate in the implementation of its recruitment program.
C. The authority and responsibility for administering the operation and direction of the recruitment program shall be the Chief of Police or designee.
31.1.2 RECRUITMENT PROGRAM -- QUALIFICATIONS
A. Those individuals assigned to recruitment activities shall be knowledgeable in personnel matters, especially Equal Employment Opportunity/Affirmative Action, as it effects the management and operations of the department.
B. All department personnel may be required to actively participate in recruitment activities whenever possible.
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C. The Cumberland Police Department shall utilize the City Personnel Office and other appropriate agencies at the state, county, and/or local government level to assist in the recruitment of law enforcement candidates.
31.2 AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY
31.2.1 EMPLOYEE MINORITY RATIO
A. "See Section III (Affirmative Action Plan) immediately following." (Mayor and City Council Order #20,555, Section I, Purpose)
31.2.2 AFFIRMATIVE ACTION PLAN
“This purpose of this plan is to provide standard, City-wide recruiting and hiring policies and procedures for the employees of the City of Cumberland. These procedures are in compliance with Titles VI and VII of the Civil Rights Laws of 1964, the Equal Pay Act of 1963, and the Age Discrimination in Employment Act of 1967, Executive Order 11246 (as amended by Executive Order 11375). This Plan will insure that positive steps are being taken to guarantee that employment and compensation for employees of the Mayor and City Council of the City of Cumberland, Maryland, are based upon each individual’s merit without regard to race, color, religion, sex, age, national origin, marital status, and/or physical and mental handicap.” (Mayor and City Council Order #20,555, Section I, Purpose)”
“It shall be the policy of the Mayor and City Council of Cumberland, Maryland, to maintain and promote equal employment opportunities for all persons regardless of race, color, religion, sex, age, national origin, marital status, and/or physical and mental handicap, political affiliation, or other non-merit job-related factors. Employment qualifications for both entry and experienced level positions shall be based upon job requirements established by the appropriate Department Head, subject to final approval of the Civil Service Commission. These requirements shall be fairly applied to all applicants.”
“Any person wishing to be considered for employment shall have the opportunity to file an application, and the applicant shall be informed of existing and anticipated employment opportunities when such application is made. Furthermore, an individual’s application shall be kept in an active file (applicant pool) for one (1) year, if desired by the applicant, to insure equal treatment of all applicants in the event of a position opening.”
“While the City’s Affirmative Action Program shall actively seek a more equitable balance among employees with regard to race, sex, and ethnic background, it shall not come into conflict with the complete concept of equal opportunity for all individuals. Necessary steps taken to increase opportunities for some shall not result in overt or covert discrimination against others. Therefore, this policy shall not be implemented in such a way that standards of employee performance are reduced which could result in detrimental effects upon the government, and municipal services of the City. In addition, any type of quote system upon which minority or female employment is based is contrary to both the philosophical base and legal implications of Affirmative Action. The Mayor and City Council recognizes its obligations under Article 49B, 150
Section 16(h) of the Annotated Code of Maryland, and that all provisions herein shall be interpreted and construed in accordance with said obligations.” (Mayor and City Council Order #20,555, Section III, Statement of Policy)
“The Affirmative Action Committee, which shall be appointed by the Mayor and City Council and shall be composed of one (1) member of the Legal Department, one (1) member of the Personnel Office, and a designated member of the Mayor and City Council, shall convene in January of each successive year to review all recruitment and hiring procedures utilized by the City for the preceding year. To this end, the Committee shall have access to any and all recruiting, hiring, and personnel records which it deems necessary to conduct said review. The Committee, following its review and evaluation, shall prepare a written report of its findings, which said report shall be forwarded to the Mayor and City Council for its consideration. Meetings of the Affirmative Action Committee shall be closed to the public and shall not be deemed to be public meetings within the purview of Article 76A of the Annotated Code of Maryland; provided, however, that the final report of the said Committee shall be available following its review by the Mayor and City Council.” (Mayor and City Council Order #20,555, Section V(C), Affirmative Action Committee)
“Notwithstanding the provisions set forth hereinabove, it shall be the duty of the Affirmative Action Committee, upon implementation of this policy, to meet and review the present City employment pattern, as the same relates to minority employment generally. It shall be the duty of the Committee to make an evaluation of employment on a City-wide basis, and to set goals for optimal minority participation in City employment.” (Mayor and City Council Order #20,555, Section V(D), Affirmative Action Committee)
31.2.3 EQUAL EMPLOYMENT OPPORTUNITY PLAN
A. "It is the policy of the Cumberland Police Department not to discriminate against applicants on the basis of race, color, religion, sex, national origin, age, or disability with respect to recruitment, hiring, training, promotion, or other terms and conditions of employment. Further, it is the policy of the department to comply voluntarily with the concepts and practices contained in affirmative action.”
1. Accordingly, all employment decisions shall be consistent with the principal of equal employment opportunity (EEO).
2. All promotion decisions shall be consistent with the principal of EEO, and only valid qualifications will be required for promotions.
3. All other personnel actions or programs such as compensation, benefits, transfers, layoffs, recalls, training, and education will be administered in a non-discriminatory manner without regard to race, color, religion, national origin, age, or disability.
B. This policy includes, without limitations, the following commitments:
1. To provide equal employment opportunity to all persons in all recruitment, selection, training, compensation, and promotional practices without regard to race, color, religion, sex, or national origin, age, or disability. 151
2. To identify and analyze all areas of the employment process to further the principal of equal employment opportunity; employment decisions in all areas will be made on the basis of furthering the objective of equal employment.
C. This policy is in conjunction with the Affirmative Action Compliance Plan described in Section III of this Administrative Order, which specifies steps that will be taken in order to implement this plan. (Administrative Order 2.12 (IV)) (See G. O. 31.2.2 -- Administrative Order 2.12 (III))
31.3 JOB ANNOUNCEMENTS AND PUBLICITY
31.3.1 EMPLOYMENT ANNOUNCEMENT CONTENTS
A. All department job vacancy announcements shall provide a description of the duties, responsibilities, requisite skills, educational level, and physical requirements for the position(s) to be filled.
B. All entry level job vacancies shall be advertised through the mass media and in conjunction with EEO guidelines and the City’s Affirmative Action Program.
1. All job vacancies shall be publicized at least ten (10) working days prior to any official application filing deadline.
C. To facilitate the successful recruitment of minorities and women, this law enforcement agency shall clearly state in all public and internal personnel documents that the Cumberland Police Department is an equal opportunity employer.
D. Any official filing deadline shall be boldly indicated on employment announcements and recruitment advertisements.
31.3.2 RECRUITMENT ASSISTANCE - SERVICE ORGANIZATIONS
A. A community outreach effort shall be integrated into the personnel recruitment program to include, but not limited to, recruitment assistance, referrals and advice from community organizations and leaders.
B. In order to achieve broader dissemination and greater exposure of recruitment information, the Personnel Officer and/or City Clerks Office shall disseminate job vacancy announcements for posting and circulation within community organizations that may be in contact with individuals who are prospective candidates for recruitment.
31.3.3 DIVISION CONTACT WITH APPLICANT
A. The Cumberland Police Department or the Division of Personnel and Purchasing should acknowledge receipt of all employment applications within five (5) working days of their 152
submission. Applicants should be periodically informed of the status of their applications. Candidate contacts shall be documented and logged.
31.3.4 APPLICATION REJECTION
A. Applications shall not be rejected because of omissions or deficiencies that can be corrected prior to testing or interview process.
B. Applications that are deficient will be processed routinely if the deficiency can be rectified prior to the testing and interview process.
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CUMBERLAND POLICE DEPARTMENT General Order #32 Subject: Selection Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
32.1.1 Selection Process Components 32.1.2 Job Related Qualifications 32.1.3 Selection Process Uniformity 32.1.4 Selection Process Records 32.1.5 Selection Material Storage and Disposal 32.2.1 Background Investigations 32.2.2 Background Personnel 32.2.3 Background Records 32.2.4 Polygraph Examination Questions 32.2.5 Polygraph Examiners 32.2.6 Polygraph Significance 32.2.7 Medical Examinations 32.2.8 Psychological Fitness Examinations 32.2.9 Medical and Psychological Evaluation Files 32.2.10 Probationary Periods
32.1 PROFESSIONAL AND LEGAL REQUIREMENTS
32.1.1 SELECTION PROCESS COMPONENTS
A. Background Investigation
1. All background investigations will be conducted in accordance with standards set forth in Maryland Police and Corrections Training Commission, Title 12, Subtitle .04, Chapter 01, Regulation .01 (5).
2. A thorough and complete investigation shall be initiated on suitable candidates. The function of the background investigation is to assist in the determination of each candidate's suitability for employment as a Cumberland Police Officer.
3. The background investigations shall be conducted by the Cumberland Police Department and will proceed concurrently with the remaining phases of the process. Findings of the investigator may be used in combination with the remaining phases in determining whether a
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candidate should be disqualified from the process or should be given further consideration. The findings of the investigator may, also, themselves alone be used as a reason for disqualification from the process if the nature of said findings warrants disqualification.
4. The investigator shall be furnished with the application and other information pertaining to each given candidate.
5. The background investigation shall include, but not be limited to the following:
a. verification of the candidate's credentials, educational achievement, past and present employment, age, residence, citizenship and driver's license;
b. review of each candidate's criminal and traffic record, if any;
c. interviews with past and present employers, neighbors, school officials, and personal references.
5. The following occurrences or incidents in a candidate's background may result in disqualification from the selection process: a. felony conviction;
b. illegal use of controlled substances and/or conviction of a controlled substance violation as outlined by Maryland Police and Corrections Training Commission;
c. intemperate use of alcoholic beverages; d. poor work record;
e. poor driving record, for instance numerous accidents or numerous convictions for moving traffic violations;
f. numerous debts which are not being regularly paid-off; and
g. other related and/or similar occurrences or incidents that would be unacceptable or undesirable in a Police Officer given the power and responsibilities incumbent to the position.
6. After the background investigation is completed and the results reviewed and analyzed for each candidate by the Investigative Officer, said Officer shall submit an investigative report on each candidate to the Chief of Police and/or Operations Commander for review.
B. Record Check
1. A thorough and complete record check of each candidate shall be conducted by the Investigating Officer. The Investigating Officer shall check for local, criminal, and traffic records.
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2. Each candidate's name shall be entered into state and national computers for wants and prior records.
3. Fingerprints shall be taken for each applicant and submitted for state and federal screening.
C. Polygraph Examination
1. A polygraph examination will be administered to each candidate. The polygraph examination shall be administered by a trained and certified polygraph examiner.
2. Questions "relevant" to the nature and extent of the inquiry will be provided to each candidate in advance of the exam so that he/she can have sufficient time to review and understand what is going to be asked of them.
3. Admissions concerning moral attitudes and illegal activities made during the polygraph examination shall be scrutinized as to their acceptability.
4. The candidate may or may not be advised of the results of the polygraph by the examiner upon completion of the exam.
5. The results of the polygraph exam shall not be used as a single determinant of employment status. However, deception to relevant questions during any part of the polygraph exam that is corroborated by other investigative means may eliminate the candidate from further consideration.
D. Psychological Evaluation
1. A psychological evaluation shall be conducted on each candidate to determine whether he/she possess the appropriate, adequate, acceptable, or desirable psychological, emotional, and personality profile, characteristics, traits, qualities, attributes, tendencies, etc. to perform as a Cumberland Police Officer.
2. Each candidate shall be administered a variety of psychological tests and participate in a variety of procedures and exercises, the purpose of which shall be to identify a variety of personality, emotional, and psychological characteristics, traits, qualities, attributes, tendencies, etc. Candidates who possess identifiable personality, emotional, and psychological characteristics, traits, qualities, attributes, tendencies, etc. which, in the judgment of the City's consulting psychological or psychiatric professional and/or the City Administrator, Police Chief, and Personnel Officer, reflect a significant potential for inadequate, unacceptable, undesirable, or inappropriate performance as a Cumberland Police Officer, may result in disqualification from the selection process. In particular, the following characteristics, traits, qualities, attributes, tendencies, etc. are considered to be inadequate, unacceptable, undesirable, or inappropriate, and may result in disqualification from the selection process:
a. anti-social behavioral patterns and attitudes;
b. “quick temperedness";
157 c. inability/unwillingness to accept supervision and to carry out orders of a superior;
d. lack of compassion, sympathy;
e. low level of self-esteem or confidence; or an inordinately high level of same; f. deceptiveness in answering questions;
g. inability to accept constructive criticism;
h. inability to deal with verbal abuse in a proper and effective manner;
i. tendency to abuse the power and position of a Police Officer;
j. inability to deal effectively with the stress inherent to police work; k. racial/sexual prejudice; and
l. other related and/or similar traits, tendencies, characteristics, qualities, or attributes, that would be inadequate, unacceptable, undesirable, or inappropriate in a Police Officer given the power and responsibilities incumbent to the position.
3. In addition, the purpose of administering a variety of psychological tests and having each candidate participate in a variety of procedures and exercises is to also determine whether each candidate has the ability to endure the stress associated with the nature of the job.
4. The psychological evaluation shall be conducted by qualified psychological or psychiatric professionals.
E. Physical Fitness Examination
1. A physical fitness examination shall be conducted on each candidate by the department’s Training Coordinator. Each candidate will be evaluated in accordance with established and valid fitness standards. The physical fitness evaluation shall be conducted for the purpose of ensuring that the candidate possesses the general fitness necessary to perform the essential job functions of the Police Officer job classification with the City of Cumberland and that no physical condition exists that would preclude the candidate from performing said functions or would pose a direct threat to the health and safety of himself/herself to others.
2. It is anticipated that this examination may help identify qualified candidates. The procedures shall be conducted in a valid, useful, and non-discriminatory manner to ensure accuracy and legal defensibility.
3. The examination will consist of several exercises which are designed to assess physical fitness in relation to essential job functions. Exercises performed are designed to assess fitness in, but not limited to, the following areas: a. lower back strength;
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b. upper body strength;
c. cardiovascular condition;
d. body flexibility.
4. Candidates shall also be required to comply with any other physical standards which may be applicable to existing Cumberland Police Officers.
F. Medical Examination
1. A complete and thorough medical examination shall be conducted on each candidate to whom a conditional offer of employment has been extended. The medical examination shall be conducted by a licensed physician, as selected by the City of Cumberland, and shall be at the City's expense. The medical examination shall be administered for the purpose of ensuring that a candidate possesses the general health status necessary to perform the essential job functions of the Police Officer job classification in the City of Cumberland and that no medical condition exists that would pose a direct threat to the health or safety of himself/herself or others.
2. Candidates shall be evaluated based upon the following requirements:
a. the candidate shall be free of cardiovascular and pulmonary diseases that would preclude the candidate from successfully performing the essential job functions of the Police Officer job classification or that would pose a direct threat to the health/safety of himself/herself or others;
b. vision requirements are based on vision acuity, depth perception and color perception; the candidate shall have vision of no more than 20/40 in both eyes correctable to 20/20 with eyeglasses or contact lenses and must be free of eye disease or color deficiencies that would preclude the candidate from performing the essential job functions of the Police Officer job classification or that would pose a direct threat to the health or safety of himself/herself or others;
c. “A licensed physician shall certify by the result of an examination that the applicant is physically fit for the duties of a police officer. This examination shall also aid the physician in determining that the candidate is emotionally and mentally fit for these duties. The doctor shall be identified on the “Notice for Probationary Appointment” by name, address, and date of examination.” Maryland Police and Corrections Training Commission Title 12, Subtitle .04, Chapter 01, Regulation .01 (6).
2. The City of Cumberland's examining physician (and his assistants) shall examine candidates for the position of Police Officer based upon the following general checklist of medical standards. A candidate may be disqualified if he/she fails to meet any valid medical standard, including the following, if such failure would preclude that candidate from performing the essential job functions of the Police Officer job classification or would pose a direct threat to the health or safety of himself/herself or others:
a. candidate shall be free of cardiovascular and pulmonary disease; 159
b. vision requirements are based on vision acuity, depth perception and color perception; a candidate shall have both eyes correctable to 20/20 by use of eyeglasses or contact lenses; there shall be no disease of the eye; vision must be free of color deficiencies;
c. candidate must be free of parasitic and systemic skin disease;
d. there shall be no evidence of intemperate or illegal use of stimulants, depressants, or other drugs;
e. there shall be no obstruction to free breathing, or severe sinus disease;
f. there shall be no serious disease of the ear, nose, or throat; candidate should possess normal hearing in both ears;
g. there shall be no actual or potential hernia or lower back problem(s);
h. each candidate shall possess an index, middle, and ring finger and thumb on each hand; each foot shall have a great toe;
i. the brain and nervous system shall be free from defects; there shall be no epilepsy;
j. the kidneys shall be healthy; the urine normal.
4. Results of the medical examination shall be submitted to the Chief of Police for consideration. The results of medical examinations shall be kept strictly confidential.
G. Drug Testing
1. Each candidate to whom a conditional offer of employment is extended, shall be required to submit to and pass a urinalysis to detect the presence of illegal drugs, or legal drugs which may have been obtained and used illegally, in his/her system as enumerated in Maryland Police and Corrections Training Commission Title 12, Subtitle .04, Chapter 01, Regulation .01 (9)(a).
2. It is the policy of the City not to appoint any candidate who does not consent to a drug test or whose test results are confirmed to be positive for the presence of illegal drugs or legal drugs for which the candidate cannot submit sufficient proof that such drugs were legally obtained or used.
3. Prior to the testing of any candidate, the candidate shall be advised that a drug test is a required part of the City's selection procedure and that said test will be administered only after the extension of a conditional offer of employment; that after the extension of said conditional offer, he/she will be required to submit to and successfully pass such a test in order to be appointed; that the test will screen for the presence of drugs in his/her bodily fluids; that he/she will be provided the opportunity to identify any recent legally prescribed drug use which might be detected in the test results (such explanation shall be sought and accepted only after the candidate has been extended a conditional offer of employment); and
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that he/she is required to sign a Pre-Employment Drug Testing Consent Form which includes consent that notice of the test results will be provided to City of Cumberland personnel.
4. Each candidate to whom a drug test is administered shall be notified of the test results and be advised whether he/she will be disqualified due to said results. Any explanation a candidate may have as to why a positive test result was obtained shall be carefully considered.
5. Drug testing shall be conducted in the following manner:
a. No candidate shall be administered a drug test until he/she has been extended a conditional offer of employment; the conditional nature of the offer shall be that appointment is conditional upon successful passage of the test.
b. After notifying a candidate that he/she will be appointed contingent upon passage of a drug test, and only after he/she has consented to testing, he/she shall be directed to an authorized collection site where, after showing proper identification, a urine specimen shall be collected. Sites authorized for the collection of specimens shall be selected at the sole discretion of the Personnel Officer.
c. The specimen shall then be forwarded to a NIDA (National Institute on Drug Abuse) certified laboratory for testing and analysis. Laboratories selected for testing and analysis shall be selected at the sole discretion of the City of Cumberland.
d. In screening for the presence of drugs, generally accepted screening procedures shall be used and the threshold level for determination shall be established in accordance with generally accepted medical procedures and existing laws and/or regulations. If the presence of drugs is found in the specimen, that specimen shall be submitted for further verification (confirmatory) testing.
e. After the initial screening and confirmatory screening (if applicable) has been completed, the results shall be provided to the Personnel Officer, his/her designee, or the City Administrator.
f. The regulations set forth in Maryland Police and Corrections Training Commission Title 12, Subtitle .04, Chapter 01, Regulation .01-1 will determine any and all drug testing for the pre-employment drug screening of police officers.
H. Probationary Period
1. Police Officer candidates shall serve a probationary period of eighteen (18) months once they achieve sworn status. If required, candidates will attend the first available MPCTC academy or comparative compliance upon being hired.
2. At the conclusion of the probationary period, the probationary employee must be rated at least "satisfactorily" on a performance evaluation in order to be retained. However, the probationary period may be extended by the Chief of Police, upon approval of the City Administrator, for a period of time not to exceed six (6) months, because of an "unsatisfactory" rating. At that time another performance evaluation shall be conducted. The second "unsatisfactory" rating will constitute ground for dismissal from the Department. 161
3. The Maryland Police and Corrections Training Commission shall issue a probationary certificate to any police officer upon satisfactory proof that the person has met all selections standards as required under Regulation .01 of Title 12, Subtitle .04, Chapter 01.
32.1.2 JOB RELATED REQUIREMENTS
A. Elements of the job selection process shall use only those rating criteria or minimum qualifications that are job related. (See G. O. 21)
B. The selection process shall use only those components that have been documented as having validity, utility, and a minimum adverse impact.
1. Validity: Proof through statistical data that a given component of the selection process is job- related either by predicting a candidate’s job performance or by detecting important aspects of the work behavior related to the position for which they are applying.
a. The validity of the selection process as a whole, or individual components thereof, is determined in one or more of the following ways:
1) Criterion-related validation: Criteria are identified which reflects successful performance of the job, and test scores are then correlated with the performance ratings for the predetermined criteria; a high correlation demonstrates that the test is a useful predictor of the candidate's job performance.
2) Construct validation: Involves the identification of the characteristics or traits believed to be important to successful job performance. A test is then given which should measure the degree to which the candidate possesses the required characteristics.
3) Content validity: A component of the selection process is justified by showing that it measures a significant part of the job.
2. Utility: Is an assessment of the practical value of an element of the selection process based upon considerations of validity, selection ratio, the number of candidates to be selected, and the nature of the job.
3. Adverse Impact: Is a substantially different rate of selection which works to the disadvantage of members of a race, sex, or ethnic group.
a. Adverse impact, if any, in the selection process shall be measured by comparing the selection rate for each race, sex, and ethnic group with the group having the highest selection rate.
b. It shall be the policy of the Cumberland Police Department to minimize adverse impact in the selection process.
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c. It shall be the policy of the Cumberland Police Department to maintain records and data used to monitor adverse impact in the Police Officer Selection Process.
C. All elements of the selection process administered or provided by a private-sector organization or vendor shall meet requirements of validity, utility, and minimum adverse impact.
32.1.3 SELECTION PROCESS UNIFORMITY
A. It shall be the policy of the Cumberland Police Department that all elements of the selection process be administered, scored, evaluated, and interpreted in a uniform and fair manner.
B. It shall be the policy of the Cumberland Police Department to, whenever possible, require that personnel representative of race, sex and ethnic groups in the community, be included in the selection process.
32.1.4 SELECTION PROCESS RECORDS
A. All records of candidates not appointed to probationary status shall be maintained to ensure continuing research, independent evaluation, and defense against lawsuits. The department shall determine requirements, consistent with applicable laws, for maintaining identifying information, such as names and addresses. The department shall also comply with all federal, state and local requirements for the privacy, security and freedom of information of all candidate records and data.
32.1.5 SELECTION MATERIAL STORAGE AND DISPOSAL
A. Selection materials shall be stored in a secure area when not in use, and only those persons with a "right to know" shall be granted access to the material.
B. It shall be the policy of the Cumberland Police Department that whenever selection material is to be disposed of, the material will be burned or shredded.
a. Applications for employment shall be kept on file with the Operations Commander for one (1) year from original date of application.
b. Applications that are considered open by means of an active background investigation shall be kept on file with the Operations Commander for two (2) years from original date of application.
32.2 ADMINISTRATIVE PRACTICES & PROCEDURES
32.2.1 BACKGROUND INVESTIGATIONS
A. Background investigations shall be conducted during the selection process as provided in G.O. 32.1.1 (D). 163
B. Background Investigation
1. A thorough and complete investigation shall be initiated immediately on the candidate's finishing in the top 10 places in the candidate rankings established at the conclusion of phase 3 of the process. The function of the background investigation is to assist in the determination of each candidate's suitability for employment as a Cumberland Police Officer.
2. The background investigations shall be conducted by the Cumberland Police Department utilizing members trained in investigative techniques, and will proceed concurrently with the remaining phases of the process. Findings of the investigator may be used in combination with the remaining phases in determining whether a candidate should be disqualified from the process or should be given further consideration. The findings of the investigator may, also, themselves alone be used as a reason for disqualification from the process if the nature of said findings warrants disqualification.
3. The investigator shall be furnished with the application and other information pertaining to each given candidate.
4. The background investigation shall include, but not be limited to, the following:
a. verification of the candidate's credentials, educational achievement, past and present employment, age, residence, citizenship and driver's license;
b. review of each candidate's criminal and traffic record, if any;
c. interviews with past and present employers, neighbors, school officials, and personal references.
5. The following occurrences or incidents in a candidate's background may result in disqualification from the selection process:
a. felony conviction;
b. illegal use of controlled substances and/or conviction of a controlled substance violation;
c. intemperate use of alcoholic beverages;
d. poor work record;
e. poor driving record, for instance numerous accidents or numerous convictions for moving traffic violations; f. numerous debts which are not being regularly paid-off;
g. other related and/or similar occurrences or incidents that would be unacceptable or undesirable in a Police Officer given the power and responsibilities incumbent to the position.
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6. After the background investigation is completed and the results reviewed and analyzed for each candidate by the Investigative Officer, said Officer shall submit an investigative report on each candidate to the Chief of Police and the Personnel Officer for review.
32.2.2 BACKGROUND PERSONNEL
A. Personnel used to conduct the investigations shall be at the discretion of the Chief of Police. He shall use only personnel trained in the collection of information and these personnel shall be sworn officers.
32.2.3 BACKGROUND RECORDS
A. A record of each candidate's background investigation shall be maintained by the Department on file for a period of at least five (5) years.
32.2.4 POLYGRAPH EXAMINATION QUESTIONS
A. In order for candidates to give their consent, it is necessary for them to know the full nature and extent of the inquiry. "Relevant" questions shall be provided in advance of the test so that candidates can have sufficient time to review and understand what is going to be asked of them.
32.2.5 POLYGRAPH EXAMINERS
A. The administration of examinations and the evaluation of results shall be conducted by personnel trained in these procedures.
B. The department will maintain a copy of the polygraph examiner’s certification, whether or not the examiner is a member of the Cumberland Police Department or another agency.
32.2.6 POLYGRAPH SIGNIFICANCE
A. The results of the polygraph exams shall not be used as the single determinant of the employment status; however, deception to relevant questions during any part of the polygraph examination that is corroborated by other investigative means may eliminate the applicant from further consideration.
32.2.7 MEDICAL EXAMINATIONS
A. Medical examinations shall be required of each candidate to whom a conditional offer of employment has been extended. The medical examination shall be conducted for the purpose of ensuring that such candidate possesses the general health status necessary to perform the essential job functions of the Police Officer classification, to reveal any medical conditions
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which would preclude successful performance of said functions, and to reveal any medical conditions which would pose a direct threat to the health or safety of the candidate himself/herself or others. (Refer to G.O. 32.1.1 (K) for further details on medical examination and medical standards/requirements.)
B. Valid, useful, and non-discriminatory procedures shall be used in conducting medical examinations.
C. The medical examination shall be conducted by a licensed medical doctor, as selected by the department. MPCTC Title 12, Subtitle .04, Chapter 01, Regulation .01(6).
32.2.8 PSYCHOLOGICAL FITNESS EVALUATION
A. See G.O. 32.1.1(G)
1. A psychological evaluation shall be conducted on each candidate to determine whether he/she possess the appropriate, adequate, acceptable, or desirable psychological, emotional, and personality profile, characteristics, traits, qualities, attributes, tendencies, etc. to perform as a Cumberland Police Officer.
2. Each candidate shall be administered a variety of psychological tests and participate in a variety of procedures and exercises, the purpose of which shall be to identify a variety of personality, emotional, and psychological characteristics, traits, qualities, attributes, tendencies, etc. Candidates who possess identifiable personality, emotional, and psychological characteristics, traits, qualities, attributes, tendencies, etc. which, in the judgment of the City's consulting psychological or psychiatric professional and/or the City Administrator, Police Chief, and Personnel Officer, reflect a significant potential for inadequate, unacceptable, undesirable, or inappropriate performance as a Cumberland Police Officer, may result in disqualification from the selection process. In particular, the following characteristics, traits, qualities, attributes, tendencies, etc. are considered to be inadequate, unacceptable, undesirable, or inappropriate, and may result in disqualification from the selection process:
a. anti-social behavioral patterns and attitudes;
b. "quick temperedness";
c. inability/unwillingness to accept supervision and to carry out orders of a superior;
d. lack of compassion, sympathy;
e. low level of self-esteem or confidence; or an inordinately high level of same;
f. deceptiveness in answering questions;
g. inability to accept constructive criticism;
h. inability to deal with verbal abuse in a proper and effective manner; 166
i. tendency to abuse the power and position of a Police Officer;
j. inability to deal effectively with the stress inherent to police work;
k. racial/sexual prejudice;
l. other related and/or similar traits, tendencies, characteristics, qualities, or attributes, that would be inadequate, unacceptable, undesirable, or inappropriate in a Police Officer given the power and responsibilities incumbent to the position.
3. In addition, the purpose of administering a variety of psychological tests and having each candidate participate in a variety of procedures and exercises is to determine whether each candidate has the ability to endure the stress associated with the nature of the job.
B. A psychological evaluation shall be conducted by a qualified professional psychologist or psychiatrist selected by the department.
1. This shall be in accordance with MPCTC Title 12, Subtitle .04, Chapter 01, Regulation .01(6) which states in part, “A licensed physician shall certify by the result of an examination that the applicant is physically fit for the duties of a police officer. This examination shall also aid the physician in determining that the candidate is emotionally and mentally fit for these duties.”
2. The Cumberland Police Department utilizes a separate licensed mental health professional to conduct the psychological examination.
32.2.9 MEDICAL AND PSYCHOLOGICAL EVALUATION FILES
A. Results of the medical examination shall be submitted to the Chief of Police, Personnel Officer, and City Administrator for consideration. The results of medical examinations shall be kept strictly confidential.
B. The Cumberland Personnel Officer shall maintain a report of each psychological evaluation to ensure proper procedures are followed and to provide data for continuing research and legal defense.
32.2.10 PROBATIONARY PERIODS
A. See G.O. 32.1.1( M)
1. At the conclusion of the probationary period, the probationary employee must be rated at least "satisfactorily" on a performance evaluation in order to be retained. However, the probationary period may be extended by the Chief of Police, upon approval of the City Administrator, for a period of time not to exceed six (6) months, because of an
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"unsatisfactory" rating. At that time another performance evaluation shall be conducted. The second "unsatisfactory" rating will constitute ground for dismissal from the department.
B. The appointment rate of candidates from probationary to permanent status shall meet the requirements of minimum adverse impact in order to assure that all probationary candidates have competed equally. (G.O. 32.1.2(B))
C. The probationary period may be subject to exceptions as deemed necessary by the Chief of Police and the City Administrator. These exceptions may be for a variety of special assignments (e.g., undercover work). An extended or adjusted probationary period could also give the Department an opportunity to provide employees with remedial services, such as professional counseling or specialized instruction. (G.O. 33.1.5)
D. The work performance of each employee shall be evaluated using valid, useful, and non- discriminatory procedures.
E. The review process shall include a review of the most recently contested performance evaluation to be conducted by the Chief of Police jointly with the rater, the rater's immediate supervisor, and the employee. Provisions shall also be made for written comments by the employee.
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CUMBERLAND POLICE DEPARTMENT General Order #33 Subject: Training and Career Development Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
33.1.2 Attendance Requirements 33.1.3 Training Requirements 33.1.4 Lesson Plans 33.1.5 Remedial Training 33.1.6 Updating Employee Records 33.1.7 Training Records 33.2.1 Operation of Training Academy 33.2.2 Academy Facility 33.2.3 Relationship with Training Academy 33.2.4 Training in Agency Policy and Procedures 33.3.1 Instructor Training 33.4.1 Prohibition from Carrying Firearm or Making Arrests 33.4.2 Orientation Handbook 33.4.3 Training Based on Job Task Analysis 33.4.4 Field Training Program 33.5.1 In-Service Training 33.5.2 Roll Call Training 33.5.3 Accreditation Training 33.6.1 Specialized Training 33.7.1 Civilian Personnel Orientation 33.7.2 Civilian Personnel Training 33.8.2 Personnel Skill Development
33.1 ADMINISTRATION
33.1.2 ATTENDANCE REQUIREMENTS
A. The agency shall require documentation of an officer's attendance at prescribed training programs.
1. Attendance may be documented at in-house training with an attendance sheet.
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2. The agency may require a member to produce documentation of attendance at training programs conducted outside this agency.
3. The agency will confirm attendance policies of agencies/facilities to which members are sent to ensure the member must attend all mandatory portions and attend at least 90% of the entire course of instruction to receive credit/certification for attendance.
B. The agency will make provisions to excuse members from training for such matters as court, illness, funeral leaves, vacations, etc.
1. The agency will confirm similar provisions with other agencies in their training programs.
C. The agency will make provisions for members to make up excused or unexcused portions of training exercises.
1. In the case of unexcused absence, the agency may require the officer, at his/her own expense and time, to make up the unexcused time, in addition to any other disciplinary action, if applicable.
D. The agency will ensure that copies of training certificates received by members for completion of training are entered in their personnel files and that records of any and all training is documented in agency files and available to the member at his/her request.
33.1.3 TRAINING REIMBURSEMENTS
A. Temporary leaves of absence with or without pay for training purposes or for other objectives related to the employee's work and performance may be granted by the Chief of Police and/or City Administrator for such periods as he may consider justifiable, within the limitations of the budget. The expense for employees who are required or requested to attend training schools, seminars, or other instructional or educational programs, including examination to increase their knowledge and further their competency in their occupation with the Employer, shall be paid by the Employer as follows:
1. Registration fees, tuition charges for the training school, seminar, or educational or other instructional programs.
2. The City shall pay for meals when not provided by tuition.
3. The City shall pay the current rate for mileage, as determined by the IRS, when an employee is not provided with a City-owned vehicle. Where overnight lodging is provided at the City's expense, an employee will only be reimbursed for mileage to and from the training facility on one occasion each way unless otherwise approved or directed. All other travel shall be considered to be non-work-related and non- reimbursable. Bus, train, or airfare at tourist rate is provided for lengthy trips when travel is approved by the Chief of Police.
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4. Hotel or motel charges when lodging is not provided as a term of tuition payment. (See 33.1.3 B)
5. Hourly rates will be paid when schools or training are scheduled during regular working hours.
6. All necessary tools and equipment required by the course of instruction.
7. Overtime not paid for attendance at courses not mandated to maintain certification.
B. Policy for Overnight Lodging Requests for Training
When a training class or other work related business requires an officer to travel out of the city limits to attend it may be necessary for the officer to obtain lodging. This policy will give directions as to when overnight lodging will be granted.
1. There will be no lodging request granted or reimbursement for lodging if the training is held within the confines of Allegany, Washington or Garrett County.
a. If a recruit is attending a full schedule at a basic MPCTC Training Academy in Hagerstown, this regulation will be waived.
2. If the training is held outside the confines of the three Western Maryland counties, but less than one hundred fifty (150) travel miles from Cumberland, a request for lodging will be considered on a case by case basis. The below listed factors will be taken into consideration:
a. The length (days) of the training class.
b. The time the training class begins.
3. Lodging requests for training classes that are held outside the one hundred fifty (150) travel mile radius of Cumberland will be granted, providing the budget allows for such expenditure.
a. The training request will be denied if the budget does not allow for the travel expense.
b. Lodging to include the night before the training begins will be considered using the factors listed in section B
c. Lodging to include the night immediately after the training ends will be considered depending on the below factor:
1) The time of day the training ends in conjunction with the length of travel.
33.1.4 LESSON PLANS
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A. All training courses conducted by this agency will be accompanied by a lesson plan, which will include:
1. Guidelines and format for lesson plan development, including a general description of the topic to be addressed and a guide to the amount of time allotted for the course of instruction
2. The specific performance objectives for the course of instruction; and
3. A content guide, with suggested instructional techniques, a plan of evaluation for participants which may include a testing format, and reference to material actually presented.
B. The Training Coordinator will initially review and approve lesson plans. The Chief of Police and/or the Deputy Chief shall make final approval of all lesson plans.
C. The format of tests will be determined by the content of material, the performance objectives for a task to be tested, and the format of an applicable lesson plan.
1. As much as practical, the agency will use competency-based tests that use performance objectives and measure a member's knowledge of and ability to use job related skills.
2. The agency will rely on the testing procedures used by outside training sources as a valid, constructive tool to measure competency.
a. The Training Coordinator and/or other officer(s) directed by the Chief of Police may be encouraged to examine the testing procedures or specific test instruments used by these agencies.
D. The Training Coordinator will verify that lesson plans for courses taught outside this agency are kept on file by the host agency or instructor and that they are available to this agency upon request.
1. The Training Coordinator will verify that lesson plans for courses taught by outside instructors at this agency are certified and developed in accordance with Maryland Police and Corrections Training Commission guidelines.
2. Copies of such lesson plans will be kept on file in the Training Division in accordance with Maryland Police and Corrections Training Commission guidelines.
E. All lesson plans will be developed in accordance with Maryland Police and Corrections Training Commission Instructor Training.
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33.1.5 REMEDIAL TRAINING
A. The agency will identify remedial training as a constructive tool to reinforce, retain, and refine an employee's knowledge, skills, and abilities in keeping with the goals and objectives of the agency.
B. The need for remedial training for a member will normally be identified through evaluations done by the employee's supervisors.
1. The employee's immediate supervisor will normally have the greatest exposure to the employee's specific weaknesses and may make recommendations concerning remedial training to correct deficiencies.
2. The Deputy Chief may delineate needs for remedial training by identifying recurring errors or deficiencies in performance and as suggested by supervisors.
C. Training which is identified as remedial training shall be scheduled as soon as practical and will be required to be satisfactorily completed by the employee.
1. The agency may identify in-service training of a remedial nature or may choose to use facilities or courses of instruction outside the agency which will address the remedial training need(s) of the employee.
D. The agency will review all recommendations for remedial training of a employee to determine if the agency and/or its training function have failed to adequately prepare the employee.
1. The agency will review the nature and content of all recommendations for remedial training to assess content and function of initial (basic recruit) training.
2. The agency will review the nature and content of all recommendations for remedial training to assess the possibility of refresher type remedial training for all employees of the agency due to changes in law, methods of operation, etc.
33.1.6 UPDATING EMPLOYEE RECORDS
A. The Training Coordinator is responsible for documenting each employee's participation in training programs.
B. The Training Coordinator shall maintain a file for each employee containing a list of programs attended and dates of attendance, and shall place a copy of any applicable certificate and/or document of attendance and performance along with the employee's evaluation statement of the program in training files and/or maintain such information in computer.
C. The Training Coordinator will maintain a record of all in-service programs and a copy of the nature of the program and/or course content.
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D. The Training Coordinator will provide the Chief of Police and Deputy Chief with a yearly summary of training conducted by the agency and a summary of all training attended by each employee.
E. The Training Coordinator is responsible for providing the Maryland Police and Corrections Training Commission with information on mandatory curriculum.
33.1.7 TRAINING RECORDS
A. The Training Coordinator will maintain records of each training class and the course content of the class or program.
1. The Training Coordinator will maintain a copy of all programs initiated by the agency and attended by agency members.
a. It remains the officer’s responsibility to ensure that all training records are forwarded and approved by the Training Coordinator to ensure proper documentation.
2. The Training Coordinator will maintain copies of training resource material outlining course content.
B. The Training Coordinator will document each employee's attendance at each and every program initiated, sponsored, or approved for attendance by this agency.
C. The Training Coordinator will document the performance of employees at training programs by requiring a copy of a certificate of training by any agency sponsoring a program or by documenting any tests or performance measures administered by this agency.
1. Documentation shall indicate the grades of all personnel attending. A score of seventy percent (70%) shall be achieved for certification. MPCTC Title 41, Subtitle .04, Chapter 01, Regulation .05 (E)(4).
33.2 ACADEMY ADMINISTRATION
33.2.1 OPERATION OF TRAINING ACADEMY
The Cumberland Police Department does not operate a Training Academy. Various Academies throughout the State of Maryland are used:
• Western Maryland Training Academy
• Frederick County Sheriff’s Office Training Academy
• Frederick City Police Department Training Academy 174
• Eastern Shore Training Academy (Wor-Wic Community College)
• Maryland Police and Corrections Training Commission Academy
33.2.2 ACADEMY FACILITY
Facilities are supplied by the Academies in which the officer attends.
33.2.3 RELATIONSHIP WITH TRAINING ACADEMY
A. Maryland Police and Corrections Training Commission Title 41, Subtitle .04, Chapter .01, Regulation .08 defines the parameters for the formulation and monitoring of peace officer training facilities and personnel in this State.
1. In accordance with Maryland Police and Corrections Training Commission, the Cumberland Police Department will select an academy for recruits which meets the requirements of the Maryland Police and Corrections Training Commission, which has based the development of the basic curriculum on a state-wide job task analysis.
2. Records of the performance of the recruit member shall be maintained by that academy and may be requested by this agency.
3. Certification of a recruit by the Maryland Police and Corrections Training Commission shall serve as proof of compliance of the recruit with training standards promulgated by the Maryland Police and Corrections Training Commission.
B. Liaison will be maintained between the Chief of Police and/or Training Coordinator and the recruit academy.
1. This liaison should include reviewing academy agendas for training and periodic review of recruit records.
C. Through periodic evaluations provided to this agency by the recruit academies, this agency is invited to supply input to the academy.
1. The agency's participation and/or correspondence with the Maryland Police and Corrections Training Commission also acts to provide input concerning the overall recruit academy program.
D. This agency will offer whatever services (staff, facilities, instructors, and other resources) that might assist the recruit academy.
E. Financial obligations of the agency to the academy will be processed through the Chief’s Office and the City Finance Department.
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F. Officers attending the recruit academy are on-duty and if injured during defensive tactics, etc., are covered by workmen’s compensation.
33.2.4 TRAINING IN AGENCY POLICIES & PROCEDURES
A. The Cumberland Police Department provides in-house instruction concerning policies and procedures that are specific to the department when personnel complete entrance-level training at the academy.
B. Training in agency policies, procedures, directives, etc. shall be conducted during the employee's field training period.
33.3 TRAINING INSTRUCTORS
33.3.1 INSTRUCTOR TRAINING
A. The agency will require that officers assigned to agency operated training programs receive training in lesson plan development, performance objective development, instructional techniques, testing and evaluation techniques, and resource availability and use. This policy may not, in any way, conflict with established guidelines established by the Maryland Police and Corrections Training Commission.
1. These objectives can be met by certification of the instructor by the Maryland Police and Corrections Training Commission as outlined in Title 41, Subtitle .04, Chapter 01, Regulation .09 “Minimum Standards for Instructors”.
33.4 RECRUIT TRAINING
33.4.1 PROHIBITION FROM CARRYING FIREARM OR MAKING ARRESTS
A. All newly commissioned members will complete a recruit training program prior to any routine assignment in any capacity in which the member is allowed to carry a firearm or is in a position to make an arrest, except as part of a formal field training program. MPCTC Title 41, Subtitle .04, Chapter .01, Regulation .04 (D)(5)(b).
1. If a newly commissioned member has prior training and/or certification, the member may submit to the Chief records of his/her prior training/certification for review, which will then be forwarded to the Maryland Police and Corrections Training Commission for review.
a. All requests for a Certificate of Comparative Compliance must follow MPCTC Title 41, Subtitle .04, Chapter .01, Regulation .10 (C).
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2. Upon completion of this review process, a determination will be made by the Chief of Police regarding the newly commissioned officer's ability to carry a firearm and make arrests.
33.4.2 ORIENTATION HANDBOOK
A. The agency will select an academy for recruit training that provides an orientation handbook to all recruit personnel at the time academy training begins.
1. The handbook should contain information regarding the organization of the academy; academy rules and regulations; the academy's rating, testing, and evaluation system; physical fitness and proficiency skill requirements; and daily training schedules.
33.4.3 TRAINING BASED ON JOB TASK ANALYSIS
A. The agency will select an academy for recruit training which provides a curriculum based on job task analysis of the most frequent assignments of officers who complete recruit training.
1. The curriculum mandated by the Maryland Police and Corrections Training Commission is based on a job task analysis that has been performed in and by the Maryland Police and Corrections Training Commission.
B. The agency will select an academy for recruit training that provides use of evaluation techniques designed to measure competency in the required skills, knowledge, and abilities.
33.4.4 FIELD TRAINING PROGRAM
A. Field training of a recruit following the academy or update certification shall consist of at least ten weeks.
1. Field training will expose the recruit to each shift.
2. Field training will not be considered complete until the recruit and his/her Field Training Officer have completed review of all items in the field training guide, which shall be reviewed by the recruit, the Field Training Coordinator, the agency Training Coordinator, the Operations Commander, and the Chief of Police prior to releasing the recruit from the field training period.
B. Field Training Coordinators shall be selected by the Chief of Police or his designee.
1. Field Training Coordinators may be entitled to limited compensation, as identified in contract(s) and/or agreement(s) for this voluntary assignment.
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2. Candidates should have at least two (2) years with this agency and should have demonstrated a professional appearance and working knowledge of law and agency procedures, which may include past performance evaluations.
C. Field Training Coordinators will be supervised by their immediate supervisor, with additional direction and supervision from the Deputy Chief and the agency Training Coordinator.
D. Liaison will be maintained with the academy staff which trained the recruit.
1. If deficiencies are noted in the basic training of the recruit, the academy staff will be contacted to provide records and documentation of the training on specific topics.
2. The recruit may be referred for additional training in area(s) where he/she does not demonstrate sufficient proficiency.
E. Field Training Coordinators will be expected to be trained in a course approved by this agency's training component and the Chief of Police.
1. Prior to being assigned a recruit, the FTO will be contacted by the Training Coordinator, who will reacquaint the FTO with agency policies and procedures, supervisory skills, and instructional skills.
F. Field training will be scheduled to expose the recruit to a variety of assignments, including exposure to each shift normally worked by a patrol officer.
G. Recruits will be evaluated by the Field Training Coordinator, based on items contained in the field training guide.
1. Evaluations will be drafted in a positive mode, accentuating the recruit's strengths and not dwelling on weaknesses.
2. Where deficiencies exist, the training component shall attempt to rectify the problem through further formal instruction or extended field training.
H. Field Training Coordinators will forward weekly evaluations of the recruit's progress to the Operations Commander, with copies to be placed in the recruits personnel file.
1. Final evaluations shall be forwarded to the agency Training Coordinator, the Operations Commander, and the Chief of Police.
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33.5 IN-SERVICE, ROLL-CALL, AND ADVANCED TRAINING
33.5.1 IN-SERVICE TRAINING
A. All sworn personnel will be required to complete an annual retraining program, inclusive of firearms qualification.
1. “All police officers at or below the rank of first-line supervisor shall be provided by their department or agency with an approved in-service training program of 18 hours every calendar year which reflects the current needs of the department or agency.” MPCTC Title 41, Subtitle .04, Chapter 01, Regulation .05 (A).
B. The training function, in conjunction with the Chief of Police and the Division Commanders, shall identify specific topics for in-service review/retraining during each year.
1. In-service retraining is designed to ensure that personnel are kept up to date with new laws, technological improvements, and revisions in agency policy, procedures, rules, and regulations.
2. Firearms training and/or qualifications should be scheduled a minimum of two times per year. (See G. O. 1.3.10)
a. Every officer must qualify at least once a year.
b. At least one range qualification will be conducted in accordance with Maryland Police and Corrections Training Commission yearly certification/qualification standards.
c. Scores will be recorded as pass/fail only and shall be maintained by the range master.
3. Self defense training and/or refresher courses should be conducted at least annually and may be conducted in conjunction with firearms qualifications.
4. Officers will receive training in General Orders dealing with pursuit policy and the use of force and will be instructed in the use of lethal and less than lethal force at least on an annual basis. (See G. O. 1.3.11)
5. In-service training shall include an orientation to the concepts of community policing and an orientation to the goals and objectives developed by this agency to implement community policing.
C. Advanced training, such as that provided by the FBI National Academy, Southern Police Institute, and Northwestern University Traffic Institute "long" course, is designed to improve the professional competence of officers who have demonstrated leadership capabilities.
1. Personnel will be selected on the basis of their demonstrated leadership skills and their present or proposed (e.g. eligible for promotion) management position.
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2. Following training, personnel will be assigned duties commensurate with the training they have received.
3. Advanced training should provide, as applicable to the particular job assignment of the employee, management theory, supervisory technique, principles of police administration, and/or principles relating to personnel, budget, planning and research.
a. ”First-line supervisor level police personnel as defined in Title 41, Section 4-201, Annotated Code of Maryland, shall successfully complete an approved curriculum of not less than thirty-five (35) hours duration.” MPCTC Title 12, Subtitle .04, Chapter 01, Regulation .06 (A)(1).
b. “First-line administrative level police personnel as defined in Title 41, Section 4- 201, Annotated Code of Maryland, shall successfully complete an approved curriculum of not less than thirty-five (35) hours duration.” MPCTC Title 12, Subtitle .04, Chapter 01, Regulation .07 (A)(1).
D. Training requests should be forwarded to and through the training component to ensure accountability, tracking, and appropriate record keeping.
1. Supervisory personnel will be responsible for making training recommendations for their subordinates no later than November 1 of each calendar year for the upcoming year.
2. Training requests will be forwarded from the employee and/or the employee's supervisor to the Training Coordinator, who will review and forward the request to the Division Commander, who will review and who may then forward the request to the Chief of Police for approval.
a. After approving the request, the Chief of Police or his designee will forward the completed forms to the appropriate training institution.
E. All in-service training will be conducted in compliance with the Maryland Police and Corrections Training Commission, Title 12, Subtitle .04, Chapter 01, Regulation .05.
33.5.2 ROLL-CALL TRAINING
A. The agency will transmit information to members through the use of roll-call training to supplement, but not replace, in-service training.
B. The training function will be responsible for planning roll-call training, which will generally consist of brief synopses of information, including updates on policy and procedure or recent court decisions and criminal justice opinions.
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C. Roll-call training may include a wide variety of techniques, including, but not limited to lecture, video-tapes, written documents to be distributed to members, audio tapes, and discussions.
1. Supervisors will be responsible for documenting the attendance of their officers at roll call training and for ensuring that all officers have been exposed to the training materials.
D. The training function will attempt to utilize materials prepared by the various training academies that the agency selects to review and retrain on basic or advanced materials.
E. While roll-call training will be the responsibility of the Training Coordinator, the training function may utilize members who have received up-dated and/or specialized materials to prepare and/or present roll-call segments.
F. Periodic evaluations, through testing and critiques, shall be conducted to aid in the development or revision of roll-call training and to measure its effectiveness.
G. Roll-call training will vary in frequency and duration and will be scheduled on an "as- needed" basis, relying on recommendations from the Division Commanders and the Chief of Police for suggested training topics.
H. Shift supervisors will be expected to take a prominent role in presenting materials at roll-call and will be expected to take an active role in recommending topics and methods of instruction.
1. Officers will be encouraged to suggest topics and to participate in the development and presentation of materials.
33.5.3 ACCREDITATION TRAINING
A. As a portion of an employee's introduction to the agency and specifically as a portion of the field training program for police officers, an introduction to accreditation process, function, and applicable standards will be provided.
1. Field training will provide an opportunity for the police officer to be introduced to the accreditation process and specifically with accreditation standards dealing with such topics as use of force (G.O. 1.3), pursuit policy (G.O. 41.2.2), disciplinary policies (G.O. 26), grievance procedures (G.O. 25), etc.
2. Other personnel will be introduced to the accreditation process during their probationary period and will be provided specific instruction in accreditation standards applicable to their job description and/or function.
B. The agency will conduct periodic retraining on select portions of accreditation standards applicable to various functions and positions and will seek to involve members as much as possible in the accreditation process.
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1. Accreditation standards will be incorporated in training bulletins as applicable.
2. Personnel will be encouraged to participate in semi-annual accreditation audits, to provide input to the accreditation process through goals and objectives, and to provide input through reports required by accreditation standards.
a. Accreditation calendars will be provided to all personnel who are responsible for accreditation reports or submission of information to ensure accreditation files are kept up to date and to ensure their understanding and compliance with accreditation standards.
C. Prior to on-site assessment, memorandum will be distributed explaining the process and detailing each member's duties and responsibilities.
1. Supervisory personnel will be actively involved in preparation and will be encouraged to involve all the members of the agency to participate as much as possible in the on-site evaluation of the agency.
33.6 SPECIALIZED TRAINING
33.6.1 SPECIALIZED TRAINING
A. Specialized training will be required of members assigned to the following areas, including, but not limited to: Range Officer/Range Master, Emergency Response Team members, Training Coordinator, SRO, K9 Officer, Intoximeter Operator, Crash Reconstructionist, supervisors, investigators.
B. A list of recommended training, education, and developmental courses shall be identified and maintained for specialized positions and promotions.
1. Certain courses or elements of training may be identified as mandatory training for certain specialized positions and other training may be suggested as optional.
C. Specialized training is intended to enhance skills, knowledge, and abilities beyond the level of instruction provided for recruits or through other in-service programs and may include supervisory, management, and/or executive development training and also technical and job- specific topics.
D. Specialized training shall include the following elements:
1. Development and/or enhancement of the skills, knowledge, and abilities particular to the specialization.
2. Management, administration, supervision, personnel policies, and support services of the function or component.
3. Performance standards of the function or component.
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4. Agency policies, procedures, rules, and regulations specifically related to the function or component.
5. Supervised on-the-job training.
E. Specialized training required as indicated above should be initiated within ninety (90) days of the assignment of an employee to the component.
1. In the event no specialized training is available within the ninety day period, the Training Officer will schedule required training at the earliest possible occasion.
F. The agency encourages specialty in-service training, which is designed to encourage personal growth and development in new areas of interest and specialization and to enhance the overall potential of the employee for upward mobility.
1. The agency should identify or provide appropriate training opportunities for all positions classified as specialists.
2. The nature of such training should be determined by the skills, knowledge, and abilities required of each specialty.
G. In addition to the training mandated by the Maryland Police and Corrections Training Commission, every officer should receive additional training to assist them in performing the duties specific to their position and this additional training should be recommended or mandated for each position and specifications may be included in position descriptions.
1. Police officers training should include speed detection (RADAR, VASCAR, laser), breath testing, impaired driver detection, crash investigation, and survival techniques.
2. Supervisory personnel training should include disciplinary procedures, first line supervision, and mid-level management.
3. Administrative personnel training and/or education should include at least one major management school, if possible.
4. Investigative personnel training should include interviews and interrogations, crime scene investigations, homicide investigations, search and seizure, drug identification, drug abuse, and sex crimes.
5. Records and clerical personnel training should include communications skills, word processing, public records laws, and UCR/NIBRS.
6. Other specialized personnel should receive training commensurate with their position.
H. Officers wishing to receive specialized training will complete the Request for Training form, CPD Form #40, detailing appropriate information for consideration by the Chief of Police and Deputy Chief.
1. Training requests should be: 183
a. Relevant to the officer’s current assignment,
b. Relevant to training expertise, if the officer is a certified MPCTC Instructor, or
c. For specialized instruction if the officer is part of a specialized unit
2. Requests will be considered on a case by case basis taking in consideration the needs of the department as well as the potential needs of the officer.
33.7 CIVILIAN TRAINING
33.7.1 CIVILIAN PERSONNEL ORIENTATION
A. All newly appointed civilian personnel shall receive the following training: orientation to the agency's role, purpose, goals, policies, and procedures; working conditions and regulations; and responsibilities and rights of employees.
33.7.2 CIVILIAN PERSONNEL TRAINING
A. In addition to orientation, training for civilian positions will be required prior to assumption of job responsibilities for assignments in Records Section and other civilian assignments.
B. The agency will provide annual retraining of civilian personnel, which shall be designed to update skills and to increase knowledge for new job responsibilities.
1. The retraining shall specifically address any changes in any of the topics discussed during orientation.
33.8 CAREER DEVELOPMENT
33.8.2 SKILL DEVELOPMENT - PROMOTIONS
A. The agency will provide training prior to promotions or as soon as practical following promotions to provide the skills necessary to perform at a given level, including supervisory, management, and administrative skills and knowledge.
B. Management and supervisory training shall be key elements in the agency's career development program, designed to enhance an employee's overall potential for upward mobility.
C. Management training should include, but not be limited to, management information systems, fiscal management, organizational behavior, and decision making.
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Cumberland Police Department
General Order #34 Subject: Promotion Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
34.1.1 Department’s Role in Promotion Process 34.1.2 Promotional Process Administration 34.1.3 Promotional Process 34.1.4 Job Related/Non-Discriminatory Procedures 34.1.5 Promotional Process Announcement 34.1.6 Promotional Process Eligibility 34.1.7 Promotional Probationary Period
34.1 PROFESSIONAL AND LEGAL REQUIREMENTS
34.1.1 DIVISION'S ROLE IN PROMOTION PROCESS
A. Vacancies above the lowest grade in the Police Department shall be filled as far as practicable by the promotion of employees in the department. The Civil Service Commission shall in each case determine whether or not it is practicable to fill a position by promotion and from what classification such promotion shall be made.
B. It shall be the policy of the Cumberland Police Department to maintain standardized procedures pertaining to the promotional selection/examination process. The overall goal of the process is to examine and elect the best qualified candidates in a valid, fair, and equitable manner.
34.1.2 PROMOTIONAL PROCESS ADMINISTRATION
A. The promotional selection/examination process shall be administered by the Personnel Officer with cooperation from Chief of Police and the City Administrator. The City Administrator possesses the ultimate decision making authority regarding promotional appointments.
B. The responsibility for conducting oral interviews and for the monitoring of all employee's probationary periods shall be maintained by the Chief of Police, the Personnel Officer, and the City Administrator.
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34.1.3 PROMOTIONAL PROCESS
A. A promotional selection/examination process shall be initiated only when a vacancy exists within a particular job classification for which no promotional eligibility list exists. This shall include the classifications of Corporals, Sergeants and Lieutenants
B. Whenever it is the judgment of the Chief of Police and the City Administrator that vacancies in ranks/classifications above the entrance level should be filled by promotional appointments, and no promotional eligibility list exists for said classifications, a promotional selection/examination process shall be initiated.
C. No position above the rank of Police Officer that is a non-managerial or administrative in nature shall be filled by any candidate who has not first successfully completed the promotional selection/examination process.
D. No competitive, promotional selection/examination process shall be conducted unless there are at least two candidates eligible to compete.
E. A candidate who is not in full compliance with all departmental or City requirements shall be ineligible to participate in the promotional selection/examination process.
F. The Commission in compiling eligible lists for all promotions shall consider merit as the basis therefore. Said basis of merit shall be ascertained by:
1. Competitive examinations
a. Written Examination
b. Oral Interview
c. Personnel File
1) A written examination shall be administered on a pre-determined date at a designated time and place. The written examination shall be obtained from a recognized test development organization and shall be validated by appropriate documentation.
2) Eligible candidates must provide written notification to the Personnel Officer of their intent to take the written examination. This written notification must be submitted not less than fourteen (14) calendar days prior to the scheduled examination date.
3) All candidates shall receive written notification of their score following the written examination. Results of the written examination shall be retained, in written form, by the Personnel Officer.
4) All eligible candidates shall participate in an oral interview
a. Candidates will be evaluated based on a standardized rating scale and the results will be recorded on a standardized rating form.
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G. Personnel considered for the ranks Captain, Deputy Chief and Chief of Police need not take a written examination for any of the offices
1. The positions of Lieutenant and Captain are administrative and managerial in nature. Promotion of personnel to either of those ranks shall be based upon
a. Written exam, in the case for Lieutenants
b. Years of Experience
c. Managerial and administrative abilities
d. Oral interview
e. Personnel file.
2. Position of Deputy Chief is appointed by the Chief of Police with the concurrence of the City Administrator.
3. The position of Chief of Police will be filled at the discretion of the Mayor and City Council of the City of Cumberland.
H. All candidates selected for promotional appointments shall serve a six (6) month probationary period. This probationary period shall begin immediately upon appointment.
I. A candidate may appeal any aspect of the promotional selection/examination process to the City Administrator. This appeal must be initiated within three (3) calendar days following the announcement of the final results of the process. The City Administrator shall conduct a hearing to resolve the appeal. The City administrator shall issue a written decision within five (5) calendar days of the hearing and his decision shall be final.
J. A candidate may also review and appeal, by the above referenced procedure, any adverse decisions concerning their eligibility for, or appointment to, promotional vacancies, and includes:
1. Review of the answer key to written examinations;
2. Review of the written results of scored components of the selection process;
3. Contesting promotional-potential reports used in the selection decision.
K. If a candidate wishes to obtain the scores of other candidates participating in the selection/examination process, he/she may submit a request stating his/her wishes to the City Administrator. The City Administrator may grant such a request only after all participants in the process have given their written approval.
L. The Cumberland Police Department and the Personnel Officer shall provide for the reapplication, retesting, and/or re-evaluation that may result from any appeal decision made by the City Administrator.
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34.1.4 JOB RELATED/NON-DISCRIMINATORY PROCEDURES
A. All promotional selection/examination procedures used within the Cumberland Police Department shall be job-related and non-discriminatory. (G.O. 21 for a detailed description regarding this subject.)
34.1.5 PROMOTIONAL PROCESS ANNOUNCEMENT
A. A written announcement describing the promotional selection/ examination process shall be circulated or posted at least thirty (30) calendar days prior to the start of the selection process. This written announcement shall be issued by the Personnel Officer and shall include:
1. A description of the position or job classification for which vacancies exist;
2. Annual salary/wages for the position/classification in question;
3. A description of eligibility requirements;
4. A schedule of dates, times, and locations of all components of the process; and,
5. A description of the promotional selection/examination process.
34.1.6 PROMOTIONAL PROCESS ELIGIBILITY
A. Eligibility to participate in a promotional selection/examination process, by candidates who have met all appropriate departmental or City requirements, shall be determined as follows:
1. Corporal Candidates holding the rank of Police Officer/Patrol Officer First Class for at least three (3) years will be eligible for a competitive promotional selection/examination process.
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2. Sergeant Candidates holding the rank of Corporal for at least two (2) years will be eligible for a competitive promotional selection/examination process.
3. Lieutenant Candidates holding the rank of Sergeant for at least five (5) years will be eligible for a competitive promotional selection process.
4. Captain Candidates holding the rank of Lieutenant for at least two (2) years will be eligible for a competitive promotional selection process.
B. The promotional selection/examination process will consist of the following components and corresponding percentage weights:
1. Scoring for the promotional exam will be as follows:
a. 40 points for the highest exam score,
b. 39 points for the second highest exam score, and
c. 38 points for the third highest exam score and so on in descending numbers.
d. Tie scores will receive the same score and then skip a number down to the next score. For example: if two scores tie for the highest exam score, both would receive 40 points. The next highest score would receive 38 points.
e. The written test will be administered by the Human Resource Officer.
2. Scoring for the interview will be the same as the exam except the high score will receive 30 points and so on in descending numbers.
a. The oral interview board will consist of at least three (3) members.
b. The members of the interview board will be certified law enforcement officers and must hold a rank equivalent to or higher than that being interviewed for.
c. Each interview will be completed within thirty (30) minutes.
d. Questions will be divided equally among members of the interview board.
e. Each candidate will be asked the same questions .
f. Questions will be submitted to the Chief of Police and approved prior to the interview.
3. Scoring for the personnel file will be the same as the exam except the high score will receive 10 points and so on in descending numbers. When scoring the personnel file four factors will be checked over the most recent two-year period: 190
a. Sick Leave usage (-1 point for each sick leave occurrence, not each day used),
b. Unfavorable Job Observation (-1 point for each unfavorable JOF),
c. Favorable Job Observation (+2 points for each favorable JOF),
d. Letter of Commendation (+1 point for each letter).
4. The Chief of Police will have the final 20 points to give to the candidate(s) he feels best displays the attributes needed for the position in question. These twenty points will be given only one time for each exam period.
a. Will take into consideration all aspects of officer’s interactions with fellow workers
b. Will take into consideration officers’ workload
1) Whether handles workload
2) Completes assignments/paperwork in a timely fashion
C. Candidates participating in a promotional/examination process shall be ranked according to their total numerical scores received as a result of the entire promotional selection/examination process. This ranking shall constitute a list of candidates eligible for promotion to the position or job classification in question. The eligibility list shall be valid for two (2) years from the date of its original creation and kept current by the Human Resources Officer.
D. Upon request from the Chief of Police, the Human Resources Officer shall provide written certification of the eligible candidates.
E. After the certification of eligibility has been made, the Chief of Police shall appoint one of the candidates so certified to fill the vacancy. Those candidates who were certified but not appointed shall be restored to their original places on the promotional eligibility list.
F. The Chief of Police shall provide a copy of the appointment notice to the Human Resources Officer. This appointment notice shall be accompanied by a written explanation stating the reason(s) for appointing a particular candidate.
G. If, at some point later in time, another vacancy is to be filled and a promotional eligibility list exists for the job classification in question, the Chief of Police shall request the Human Resources Officer to provide written certification of the candidates with the three (3) highest scores remaining on the list. The Chief of Police shall appoint one of the candidates so certified to fill the vacancy. Those candidates who were certified but not appointed shall be restored to their original places on the promotional eligibility list.
H. If a vacancy occurs and no promotional eligibility list exists for the job classification in question, a promotional selection/examination process shall be initiated for the purpose of establishing a promotional eligibility list.
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34.1.7 PROMOTIONAL PROBATIONARY PERIOD
A. All candidates selected for promotional appointments shall serve a six (6) month probationary period. This probationary period shall begin immediately upon appointment.
1. The purpose of the probationary period is to provide an opportunity for the Chief of Police to determine whether the probationary employee can successfully perform the duties of the position to which he/she has been appointed.
2. During the probationary period, the employee may be removed from the position to which he/she has been appointed at any time that the employee demonstrates unsatisfactory performance, as determined by supervisory personnel. If the employee is not performing at an acceptable level, the Chief of Police may recommend removal to the City Administrator, who shall make the final determination.
3. The performance of the employee shall be evaluated in writing by the use of prescribed evaluation instruments at both the mid-point and the conclusion of the probationary period. These evaluation reports shall be submitted to the Chief of Police who shall, after review, shall include them in the employee's personnel file.
4. At the conclusion of the six month probationary period, the probationary employee must have at least a "satisfactory" rating on a performance evaluation. If the employee's performance has been rated at "satisfactory", he/she shall be retained beyond the end of the probationary period and be granted permanent status.
5. The probationary period may be extended at the discretion of the City Administrator and the Chief of Police for a period of time not to exceed six (6) months for each extension.
6. The probationary period may be extended in order to allow the Department to provide probationary employees with remedial services such as professional counseling or specialized instruction.
7. The Chief of Police shall submit a written request for the extension of a probationary period to the City Administrator. Said request shall provide an explanation justifying the extension of the probationary period.
8. At the conclusion of the six (6) month extension of the probationary period, the employee must have at least a "satisfactory" rating on a performance evaluation. An "unsatisfactory" performance rating shall constitute grounds for removal from the position in question. If the employee receives a "satisfactory" performance rating, he/she shall be retained beyond the six (6) month extension of the probationary period and be granted permanent status.
9. If the probationary employee is removed from the position in question, said employee, at the City Administrator's discretion, may be returned to a vacant position within the rank/classification the employee occupied prior to the promotional appointment, if such a vacant position exists.
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CUMBERLAND POLICE DEPARTMENT General Order #35 Subject: Performance Evaluations Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
35.1.1 Performance Evaluation System 35.1.2 Bi-Annual Performance Evaluation 35.1.3 Bi-Monthly Probationary Employees Evaluation 35.1.4 Performance Criteria 35.1.5 Evaluation period 35.1.6 Performance during evaluation period 35.1.7 Documentation 35.1.8 Evaluation review- Supervisor 35.1.9 Employee Counseling 35.1.10 Employee Comments 35.1.11 Written Copy to Employee 35.1.12 Appeal Process for Contested Reports 35.1.13 Retention of Evaluation Reports 35.1.14 Raters to be Evaluated
35.1 ADMINISTRATION
POLICY: The Cumberland Police Department is committed to excellence among its members. An employee evaluation system will be used to aid in reaching the goal of excellence among all members of the department.
PROCEDURE:
35.1.1 Performance Evaluation System
A. All performance evaluations are to be considered confidential information and shall be treated as such. All copies shall be kept in a secure file. Performance evaluations shall not be disclosed to anyone but the employee or their representative, police department supervisory staff, and the Chief or his representative. Once the evaluation process is completed, each employee shall receive a copy of the evaluation.
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B. The rater may keep a copy of the most recent evaluation for reference purposes only, provided the evaluation copy is secured in a manner appropriate for a confidential document.
C. Measurement standards used in the Cumberland Police Department performance evaluation rating forms are:
1. Outstanding- The member goes well beyond required performance standards consistently. Outstanding performance is marked by a high quality of the skills related to the rated factor. The employee demonstrates extensive knowledge and mastery of applicable skills.
2. Exceeds Satisfactory- The member goes beyond required performance standards while demonstrating competent performance in all important areas for the factor indicated. The employee demonstrates a sound knowledge base and mastery of applicable skills.
3. Satisfactory- The member demonstrates consistent and competent performance in all important areas for the factor indicated. The member functions effectively without constant supervision.
4. Needs Improvement- The members performance periodically falls short of normal standards. This evaluation indicates the rater's belief the member can and will make the necessary improvements.
5. Unsatisfactory- The member’s performance is clearly inadequate in one or more areas for the factor indicated. The employee has demonstrated inability or unwillingness to improve or to meet Cumberland Police Department standards, and his/her performance is not acceptable for the position.
D. Rater Responsibilities
1. The rater of the employee will generally be the immediate supervisor at the end of the rating period. The rater will contact previous supervisors during the review period for additional performance evaluation information. The rater will complete the performance evaluation form accurately and in a timely manner.
2. The performance evaluation should be representative of the employee’s total performance and contribution for an entire evaluation period. Evaluations require well planned, accurate and detailed information. Raters should take enough time and put thought into each evaluation.
3. After the rater has completed the performance evaluation form and it has been reviewed through the chain of command, the rater will discuss the performance evaluation with the employee in an evaluation interview. At this time, the employee should be given an opportunity to include their own comments in the space provided.
F. Raters will receive a formal in-service training on the preparation and administration of the performance evaluation process.
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35.1.2 Bi-Annual Performance Evaluation
Performance evaluation reports will be completed for all full-time and regular part-time Cumberland Police Department employees. These reports will be due July 15th and January 15th.
35.1.3 Bi-Monthly Probationary Evaluation
Probationary performance evaluation reports will be made on all Cumberland Police Department employees at least 30 days prior to their permanent appointment. No employee will be considered to have successfully completed his/her probationary period until a satisfactory performance report has been completed. All probationary employees will be evaluated bi-monthly, beginning within the first 60 days of their assignment after a formal training period.
35.1.4 Performance Criteria
The criteria used to form the basis of the employee's performance evaluation will reflect the tasks which the employee performs relative to the job description of his/her position.
35.1.5 Evaluation Period
Cumberland Police Department employees will be given written performance evaluations on a bi-annual basis. The employee's performance will be rated only for the period of time listed on the face of the performance form. An employee may be evaluated more often, for good reason and with approval of the Chief of Police. The actual dates covered by the evaluation will be listed on the face of the performance evaluation form.
35.1.6 Performance During Evaluation Period
If at anytime the supervisor deems an employee’s performance is unsatisfactory, the employee will be given written notification at least 90 prior to the end of the bi-annual rating period.
A. The rater should be prepared to substantiate ratings at the unsatisfactory level.
B. Advise the employee of the unsatisfactory performance.
C. Define actions that should be taken to improve his/her performance.
D. A Supervisor may complete a Job Observation Report on a subordinate anytime during the evaluation period for either a favorable or unfavorable performance in relation to a specific or general case.
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35.1.7 Documentation
The comments section for each rating factor will be utilized to fully explain and justify the reasons for the rating given.
35.1.8 Evaluation Review - Supervisor
A. Prior to being given to the evaluated employee, the performance evaluation report will be reviewed and signed by the rater's supervisor and sent up the chain of command to the Deputy Chief.
B. The reviewing Supervisor will record any additional comments on the evaluation report as necessary.
C. The reviewing Supervisor(s) and the rater should discuss the results of the performance evaluation prior to the presentation of these ratings to the employee. In cases where there is disagreement, the reviewing person will discuss the discrepancy with the rater and reach an agreement on the appropriate evaluation ratings prior to the presentation of the ratings to the employee. If agreement cannot be reached, the reviewing person has the authority to change the ratings or make comments on the evaluation form and reflect a new overall rating. This new rating will be the official rating. Before a reviewer makes any rating change the Chief will be consulted.
D. If the Chief is the supervisor doing the employee's initial evaluation, no review is required.
E. The Chief will be the final reviewing authority.
35.1.9 Employee Counseling
The performance evaluation system provides a standard format which is used by a supervisor to assess the conduct of and work performed by an employee for their permanent record. The performance evaluation serves to:
A. Initiate and maintain a flow of valuable communication between employees and supervisors.
B. Illustrate employees’ strengths and weaknesses.
C. Provide background needed in order to devise methods for improving employee performance.
D. Provide information used in developing employees for higher level and more responsible positions.
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E. Point out areas of performance where the employee needs special training.
F. Provide information used as a factor in promotions, merit pay increases, transfers, reclassification and successful completion of the probationary period.
35.1.10 Employee Comments
Employees should be given the opportunity to include their own comments in the space provided on the back page of the form. These comments can include:
A. Suggestions for improved performance.
B. Ways to improve the overall operations of the work unit.
C. Concurrence or disagreement with the evaluation.
35.1.11 Written Copy to Employee
Once the evaluation process is completed, each employee shall receive a copy of their evaluation.
35.1.12 Appeal Process
An employee wishing to contest a performance evaluation shall forward a request for review through the chain of command to the Chief of Police, who shall interview the employee and may include the rater and/or the rater’s immediate supervisor in the interview.
35.1.13 Retention of Evaluations
All copies of performance evaluation reports shall be kept in a secure file. Performance evaluations shall not be disclosed to anyone but the employee or their representative, police department supervisory staff, and the Chief or his representative. Performance evaluation reports shall be retained for a period of no less than three (3) years.
35.1.14 Raters to be Evaluated
Raters will be evaluated by their supervisors regarding the quality of ratings given employees.
A. The supervisor should evaluate the rater regarding the fairness and impartiality of ratings given, their participation in counseling rated employees, and their ability to carry out the rater’s role in the performance evaluation system.
B. The supervisor should ensure that the raters apply ratings uniformly.
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Cumberland Police Department General Order #41 Subject: Patrol Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
The following General Order contains the following sections:
41.1.1 Continuous Patrol 41.1.2 Officer Assignments 41.1.3 Roll Call Procedures 41.1.4 Use of Canine Team and/or Specialized Vehicles 41.2.1 Routine, Urgent, Emergency Responses 41.2.2 Motor Vehicle Pursuits 41.2.3 Field Interviews 41.2.4 Procedures for Notifications 41.2.5 Handling Missing Persons 41.2.6 Fingerprinting 41.3.1 Marked Patrol Vehicles 41.3.2 Unmarked Patrol Vehicles 41.3.3 Patrol Vehicle Equipment 41.3.4 Use of Occupant Safety Restraints 41.3.5 Personal Equipment and Apparel 41.3.6 Body Armor 41.3.7 Take Home Vehicle 41.3.8 Mobile Data Terminals 41.4.1 Stop Sticks 41.9 Joint Operations Procedures For Public Safety Departments
41.1 ORGANIZATION AND ADMINISTRATION
41.1.1 CONTINUOUS PATROL COVERAGE
A. Procedures for shift changes will provide for continuous patrol coverage on a 24 hour a day basis.
B. The agency will provide patrol coverage at all times and therefore will make provisions to stagger shift changes or otherwise provide the availability of an officer on a 24 hour a day basis.
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1. Each shift will assign at least one (1) officer to start thirty (30) minutes before the normal shift hours.
2. Officer(s) starting before normal shift times will complete their tour of duty thirty (30) minutes before the normal ending time for that particular shift.
3. Officers working specialized duties (SRO, Warrants, K9) may be used to fulfill this obligation. When these officers are not working, the overlap will be covered by officer(s) from the regular shift.
41.1.2 OFFICER ASSIGNMENTS
A. Assignments to shifts are to be determined primarily by the Chief of Police in conjunction with the Operations Commander for the most effective operation of the department.
B. All personnel with the rank of patrol officer working patrol shall be afforded the opportunity to change their shift hours and days off once a year. A sign-up sheet shall be posted each November 1, and will remain up for fifteen (15) calendar days. All re-assignments shall be made prior to January 1, to be effective for the calendar quarter beginning January 1. Preference shall be given in accordance with seniority rules. FOP Contract, Article VII, Section 4
C. With approval of the Shift Supervisor, each employee may be permitted leave with pay for any days on which he/she is able to procure another employee to work in his/her place, provided:
1. Such substitute is in the same classification as the employee he/she is replacing;
2. The officer in charge of the shift, or officer in charge , is notified not less than one (1) day prior to its becoming effective, except in the case of emergency, when notification may be made by phone;
3. Neither the department nor the City is held responsible for the enforcement of any agreement made between the employees, nor shall any additional cost be incurred by the City as a result thereof;
4. Subsection (a) may be waived providing the efficiency of the department is not impaired and providing the officer in charge agrees with the substitution.
D. Shift Supervisors/Duty Supervisor of a shift will assign the officers assigned to a shift to a specific area or patrol area.
1. The Shift Supervisors/Duty Supervisor may make or area assignments for segments of the shift, e.g. changing district assignments during the shift or allowing for a change in district due to changes in manpower during the shift.
2. The Shift Supervisors/Duty Supervisor may include volume of activity, familiarity with area, continuing investigative work, etc., as criteria for assignment of an officer to a beat. 200
E. The following principles apply to determining days off:
1. The days off for Shift Commander/Duty Supervisor shall be scheduled in such a manner as to not coincide with the Sergeants or Corporals days off. In this way, when the Shift Commander (Lieutenant on the Shift) is off, the Sergeant on the shift will fill in. If the Lieutenant AND the Sergeant are both off due to sickness, regular days off or vacation, the Corporal on the shift will be In Charge (Duty Supervisor).
a. Vacations will be scheduled so as to not have two of the supervisory personnel off on vacation at the same time.
b. There may be exceptions to this from time to time and will be addressed on a case by case basis. Usually, the only exception will be in exigent circumstances.
2. Days off for patrol officers on the shifts will be given in accordance to the FOP Contract, Article VII, Section 4, and will be two(2) consecutive days in the week. Days off will be granted by seniority
41.1.3 ROLL CALL PROCEDURES
A. Roll call will be held daily at the beginning of each shift.
B. The Shift Commander/Duty Supervisor will brief on-coming officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations; will notify officers of schedules and assignments and changes in schedules and assignments; will notify officers of new directives or changes in directives; and will evaluate officer readiness to assume patrol.
1. If roll call is delayed for some or all officers on the shift by calls which must be answered, the Shift Commander/Duty Supervisor will contact each officer and conduct an informal roll call.
2. For officers that reported early for the shift over-lap, the Shift Supervisor/Duty Supervisor will conduct an informal roll call.
C. Officers will be familiar with notices on the bulletin boards, information in the in-house computer network as well as checking their mailboxes as a part of the roll call procedure.
1. All issued crime analysis bulletins will be placed on the bulletin board in the squad room as well as being placed in each shift’s mailbox. A copy will also go the Chief of Police, the Administrative and Operations Commanders, and to the Combined County Criminal Investigation Unit (C3I).
2. Officers who prepare intelligence reports should make a copy to be placed on the bulletin board in the squad room as well as being placed in each shift’s mailbox. A copy 201
will also go the Chief of Police, the Administrative and Operations Commanders, and to the Combined County Criminal Investigation Unit (C3I).
41.1.4 USE OF CANINE TEAM AND/OR SPECIALIZED VEHICLES
The purpose of this policy is to provide guidelines for the management of the department’s canine unit and use of police canines in field operations.
Because of a superior sense of smell and hearing and potential aggressiveness, the trained law enforcement canine is a valuable supplement to police manpower. However, utilization of canines requires adherence to procedures that properly control their use of force potential and that channel their specialized capabilities into legally acceptable crime prevention and control activities.
Definitions:
K9 Team: An officer-handler and his assigned police dog.
I. Canine Team
A. K9 Unit Utilization
1. K9 teams are available on a 24 hour, on-call basis to:
a. Conduct building searches for offenders in hiding;
b. Assist in the arrest or prevent the escape of serious or violent offenders; protect officers or others from death or serious injury;
c. Track suspects, or locate lost or missing persons, hidden instrumentalities or evidence of a crime; and
d. Detect the presence of concealed controlled dangerous substances.
2. K9 handlers are responsible for determining whether a situation justifies K9 use and the appropriate tactical measures that should be taken.
a. K9 dogs shall not be handled or given commands by anyone other than the assigned handler.
b. Should the assigned handler be injured or otherwise unable to command the K9 dog, another K9 handler should be contacted for assistance.
3. If a K9 is needed or requested by this or another agency, it shall be the responsibility of the shift supervisor to call out one or both K9’s as the incident dictates. The supervisor will explain the incident and circumstances to the K9 handler. The K9 handler will determine if the dog would be of any assistance in the case. If the K9 is going to respond, an administrative page will be sent. If the K9 is utilized by an outside agency, the handler
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will, in addition to his normal reports, do a report detailing the K9’s use to the Chief and Deputy Chief.
B. Unit Qualifications and Training
1. Applicants for the K9 Unit must have:
a. At least three (3) years of Cumberland Police Department uniform patrol experience with satisfactory work performance, disciplinary and medical leave records;
b. A willingness to remain with the unit for at least five (5) years;
1) At the end of the 5th year, an evaluation of the dog/handler will be made to determine eligibility to continue.
c. A willingness (together with other family members) to care for and house the K9 dog at the officer’s residence with a secure outdoor area for the dog that conforms to departmental requirements;
d. A strong desire to work with dogs and willingness to care for and train the animal; and
e. The ability to pass designated physical fitness and agility tests related to the tasks of K9 handler.
2. The Chief of Police shall be responsible for selection of K9 handlers in accordance with established departmental procedures.
3. All departmental K9 dogs must meet established department certification requirements. Untrained dogs may not be used for K9 duty.
4. New K9 handlers must complete a prescribed K9 training course, recognized by the Maryland Police and Corrections Training Commission, and successfully meet all course requirements.
a. The K9 team will participate in periodic training and recertification to include a minimum of sixteen (16) hours of training monthly.
b. CPD Form #22, K9 Division Training Report, will be completed by each K9 handler after each training session. Report will be kept on file by the K9 Supervisor with a copy to the Training Coordinator.
5. Proper K9 training for drug detection requires the handlers have access to small amounts of Controlled Dangerous Substances (CDS) for this purpose.
a. The Criminal Supervisor/Property Officer, with the approval of the Chief of Police, will obtain CDS from cases which have been adjudicated and which the appeal process has ended.
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b. The CDS will be packaged, weighed and sealed under a property record and turned over to and signed for by the Supervisor of the K9 Unit.
c. The Supervisor of the K9 Unit will be responsible for the CDS. The Supervisor will store it in an agency approved K9 storage locker, distribute it to the officers for training and collect it after training. At the conclusion of the training, the CDS will be returned immediately to the K9 Supervisor where it will be inventoried and returned to the approved K9 CDS storage locker. The K9 Supervisor will keep a log of the CDS, having the officers sign it in and out of his custody.
d. The CDS will be inventoried quarterly by the Criminal Supervisor/Property Officer. Each year, the CDS will be turned in and fresh samples will be supplied to the K9 Supervisor. The used sample(s) will be destroyed per department policy.
e. If, in the course of training, all or part of the sample is lost or destroyed, the officer involved will forward a detailed report to the K9 Supervisor, who will endorse it and forward it to the Criminal Supervisor/Property Officer and ultimately to the Chief of Police.
C. K9 Bites and Injuries
Use of specially trained K9 dogs for law enforcement responsibilities constitutes a real or implied use of force. In this, as in other cases, officers may only use the degree of force that reasonably appears necessary to apprehend or secure a suspect as governed by the department’s use of force policy (G.O. 1.3). In all instances where a K9 dog is deployed in a tactical situation, a K9 incident report shall be submitted. Such report(s) shall be reviewed annually in accordance with other use of force reports as enumerated in General Order 1.3.13. Whenever a K9 dog bites an individual, whether or not in the line of duty, the handler shall:
1. Summon the duty supervisor to the scene;
2. Examine the affected area to determine the seriousness of the bite or injury;
3. Obtain medical treatment for the person. Medical personnel should examine the affected area irrespective of the perceived seriousness of the bite or injury;
4. Take color photographs of the affected area, if possible, prior to AND following medical treatment; and
5. Complete a use of force report whenever it has been alleged that a K9 dog has bitten or otherwise injured an individual. The report must detail the circumstances surrounding the incident, the identity of the individual involved and any witnesses, the extent of injuries if known, and measures taken in response to the incident. The original report shall be filed in accordance with the department’s use of force policy.
D. Building Searches for Suspects in Hiding
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A primary use of departmental K9 teams is for locating suspects in buildings or related structures where search by officers would create an unnecessary risk. These searches shall be governed by the following:
1. The building perimeter shall be secured by patrol personnel.
2. Whenever possible, the building’s owner should be contacted to determine whether there may be tenants or others in the building and to ascertain the building’s layout.
3. When a K9 building search is anticipated, a preliminary search by officers should not be conducted as this will interfere with the K9 dog’s ability to discriminate scents.
4. Upon entrance to the building, all exits should be secured and communications limited to those of a tactical nature.
5. The K9 dog should be unleashed during a building search unless there is an imminent risk of injury to innocent persons within the facility.
6. The K9 dog should not be used to search facilities that contain substances potentially harmful to the animal unless overriding risk to human life is present.
7. Before commencing the search, the handler or other appropriate personnel shall loudly announce and repeat the statement that there are police officers on the premises and that a trained K9 dog will be released if the individual does not surrender. A reasonable amount of time shall be allowed for the suspect to respond. This warning shall be repeated on each level of all multi -level structures.
8. When apprehending suspects in these or related circumstances, K9 dogs shall be commanded to disengage as soon as the suspect is subdued or readily complies with officer direction.
9. Arrestees shall not be transported in the same vehicle with the K9 team unless alternative transportation is not available and immediate transport is essential for safety or security reasons.
E. Crowd Control
1. K9 teams shall not be used for crowd control at peaceful demonstrations.
2. K9 teams may be used for crowd control to protect life or property during a riot of other major unauthorized gathering that cannot be controlled by other means, upon approval of the Chief of Police, Operations Commander, or duty supervisor. In these situations, K9 dogs shall:
a. Be short leashed at all times unless no other means are available to protect an individual from serious injury; and
b. Not initiate any offensive action, unless to guard against imminent loss of life or serious bodily injury. 205
F. Controlled Dangerous Substance Detection
Use of K9 teams in a drug detection capacity is authorized in the following situations and under the following conditions:
1. The department shall maintain records that document the use and proficiency of individual K9 dogs in drug detection. This documentation shall be readily available to the K9 handler and others who may need it when seeking warrants.
2. Random exploratory sniffing off luggage, packages or other inanimate objects may be conducted in public facilities such as train or bus stations. Exploratory sniffing in these facilities shall be confined solely to those areas open to general public and, whenever possible, with advance knowledge and consent of the appropriate facility manager. Exploratory sniffing shall be conducted without interference or annoyance to the public or interruption of facility operations.
3. K9 sniffs conducted in areas restricted to the public, such as baggage staging areas, are considered searches and may be conducted only with reasonable suspicion or probable cause to believe that specific items contain illegal drugs.
4. Officers may detain specific checked luggage or related items for purposes of requesting a K9 sniff if reasonable suspicion exists but may not detain the items so long as to interfere with the owner’s scheduled travel. When a drug detection K9 dog alerts to luggage or related items, in this or any other circumstances, a warrant or consent to search must be obtained before it is opened unless exigent circumstances exist to conduct an on-site search.
5. Sniffing of an individual’s person is permitted in all circumstances only when there is reasonable suspicion to believe that the individual is in possession of controlled dangerous substances.
6. The use of drug detection K9 dogs in schools is permitted only when:
a. The school’s principal or designated authority requests or approves use of the K9 dog;
b. There is reasonable suspicion to believe that controlled dangerous substances are being distributed and/or consumed on the premises such that the interests of the school are being unacceptably compromised; and
c. The search is limited to inanimate objects in public areas and the exterior of student lockers unless reasonable suspicion exists to gain admission to lockers and related areas where there is a reasonable expectation of privacy.
7. Sniffs of the exterior or residences, either individual dwellings or the common areas of multiple unit dwellings, are not permitted without a search warrant.
8. Drug-sniffing K9 dogs may be used to sniff motor vehicles when: 206
a. Reasonable suspicion exists to believe the operator or passengers are in possession of controlled dangerous substances; or
b. During a valid vehicle stop, the K9 dog is used to sniff the vehicle’s exterior in an exploratory manner. Unless the K9 dog alerts to the vehicle, the operator may not be detained longer than necessary to conclude the business associated with the initial stop.
G. Tracking
Police K9 teams are available to track missing persons or suspects, or to locate evidence that has been abandoned. Such searches are subject to the following conditions and limitations:
1. When officers are pursuing suspects and contact with the suspect is lost, the officer, prior to summoning a K9 team shall:
a. Stop and pinpoint the location where the suspect was last seen;
b. Shut off engines of vehicles in the area if possible; and
c. Avoid vehicle or foot movement in the area where the suspect or subject was last seen.
2. K9 dogs used for tracking persons should remain on a leash of sufficient length to provide a reasonable measure of safety to the subject of the search without compromising the K9 dog’s tracking abilities.
3. K9 teams should not be used to locate small children unless there is reasonable suspicion of foul play or a belief that serious bodily harm or death will occur if the child is not located immediately. Where the use of a K9 dog is deemed necessary, the risks of attack to the subject shall be explained to the parents of next of kin and their approval obtained to use the dog.
4. K9 teams should not be used to apprehend anyone suspected to be under the influence of drugs or alcohol if no other crime is involved, or the mentally disturbed if no other crime is involved.
5. On-scene supervisory personnel shall:
a. Secure the perimeter of the area to be searched;
b. Secure the integrity of the area to be searched by keeping all personnel out of the area; and
c. Protect all items of clothing that will be used for scent from being handled.
H. K9 Use and Care
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1. K9 dogs shall not be used for breeding, participation in shows, field trials, exhibitions or other demonstrations, or for off-duty employment unless authorized by the Chief of Police.
2. K9 handlers are personally responsible for the daily care and feeding of their animal to include:
a. Maintenance and cleaning of the kennel and yard area where the dog is housed;
b. Provision of food, water and general diet maintenance as prescribed by the departmentally authorized veterinarian;
c. Grooming on a daily basis, or more often as required by weather, working conditions or other factors;
d. Daily exercise (K9 dogs are not permitted to run at large); and
e. General medical attention and maintenance of health and care records.
3. Teasing, agitating or roughhousing with a K9 dog is strictly prohibited unless performing as part of a training exercise.
4. Handlers shall not permit anyone to pet or hug their dog without their prior permission and immediate supervision. Should a citizen express a desire to do so, he should be informed that K9 dogs are serious working dogs and that they can be dangerous if improperly approached.
5. A K9 handler may apply to take possession of his dog where:
a. The dog is retired from duty or relieved due to injury; or
b. The handler is transferred, promoted or retires and a decision is made not to retrain the dog for another handler.
II. Bike Patrols
A. The department utilizes bicycles for use in conjunction with the Community Policing Unit. The use of police bicycles has proven to be effective in busy traffic and order maintenance problem areas.
1. Police bicycles will be operated for the following purposes:
a. Residential/Business area patrol;
b. Athletic/Special Event patrol;
c. Special Details;
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d. For operation on terrain not suited for conventional patrol vehicles;
e. To decrease response time to remote areas; and
f. As requested by the Chief of Police, Division Commander or Shift Supervisor with the approval of the Chief of Police or a Division Commander.
B. The following instructions, conditions, and limitations on the usage of the police bicycles will apply:
1. Only sworn personnel who have received certified bicycle training will be authorized to operate a police bicycle.
2. Police bicycles will not normally be operated when the ground is covered by ice and/or snow.
3. Normally, police bicycle patrols will not be called upon to work traffic crashes, unless it is minor and in a location where traffic is minimal.
C. Sworn personnel authorized to operate a police bicycle shall successfully complete an approved forty (40) hour Police Cyclist Training Course within six (6) months of assignment to Bike Patrol.
D. The Training Coordinator, or his/her designee will be responsible for the condition and maintenance of the police bicycles. Inspection and maintenance records will be kept on each bicycle.
E. Police bicycles will be equipped with the following minimum equipment:
1. Blackburn rear pack;
2. Rear de-railer guard;
3. Rear kick stand;
4. Vista Lite 10W headlight system;
5. Vista Lite 3-wy rear strobe light;
6. Front and rear fenders;
7. 2 water bottles with cages; and,
8. Rack top bag.
F. Police bicycle operators shall wear the proper bicycle patrol uniform at all times, which includes a bicycle helmet. The bicycle uniform shall not be worn when performing other than bicycle patrol duties unless temporarily transferring from the bicycle to vehicle due to sudden inclement weather or assisting the mobile patrol units. 209
1. Police bicycle operators are not restricted by darkness due to each bicycle being equipped for night patrol and the operator will be attired in high-visibility clothing.
41.2 OPERATIONS
41.2.1 ROUTINE, URGENT, EMERGENCY RESPONSES
A. Under routine conditions and when responding to routine calls for service, officers operating Cumberland Police Department vehicles will obey all traffic laws and will operate the vehicles in a safe and courteous manner.
B. Officers of the Cumberland Police Department may only operate the vehicle as an emergency vehicle when they are responding to an emergency call, which is a call to duty including, but not limited to, communications from citizens, police dispatches, and personal observations by peace officers of inherently dangerous situations that demand an immediate response on the part of a peace officer or when engaged in the pursuit of an actual or suspected violator of the law, in accordance with the following requirements.
1. The operation of vehicle with emergency lights and siren requests the right-of-way from other vehicles and pedestrians and “does not relieve the driver of an emergency vehicle from the duty to drive with due regard for the safety of all persons”. (Cumberland City Code Section 13-4(e) and Maryland Vehicle Law Annotated Section 21-106 (d))
2. When responding to an emergency call or when engaged in pursuit of a violator, officers shall use the vehicles emergency lights and siren to warn vehicular and pedestrian traffic. (Cumberland City Code Section 13-4(a) and Maryland Vehicle Law Annotated Section 21-106 (a) and (c))
3. Officers may proceed cautiously past a red or stop signal or stop sign, after slowing down as necessary for safety to traffic, with due regard for safety. (Cumberland City Code Section 13-4(b)(2) and (3) and Maryland Vehicle Law Annotated Section 21-106 (b)(2))
4. Officers may disregard regulations governing lane usage and movements, with due regard for the safety of all persons using the street or highway. (Cumberland City Code 13-4(b)(4) and Maryland Vehicle Law Annotated Section 21-106(b)(4))
5. Officers may disregard parking regulations which would apply under normal circumstances, especially to protect crash scenes, injured persons, or officers directing traffic when emergency lights are left on. (Cumberland City Code 13-4(b)(1) and Maryland Vehicle Law Annotated 21-106(b)(1))
a. Officers shall not park so as to block access to a fire hydrant or so as to obstruct access of fire, rescue, or EMS vehicles.
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6. Officers may exceed any maximum speed limit, but only so long as the driver does not endanger life or property. (Cumberland City Code 13-4(b)(3) and Maryland Vehicle Law Annotated Article 21-106(b)(3))
7. Officers responding to an emergency shall advise radio communications when they initiate emergency response, e. g. "C98 is responding to the crash on an emergency", which will give the Officer in Charge time to evaluate the location and number of officers responding.
8. Officers will immediately terminate emergency vehicle operation when advised to do so by a superior officer.
C. The operation of emergency equipment will be governed by the following guidelines:
1. Officers shall use emergency (rotating/flashing) lights to signal other drivers that emergency conditions exist and that the right-of-way should be relinquished to the patrol vehicle and shall be used in all situations in which the officer is to take unusual liberties in driving and to expedite free movement in order to reach their destination more quickly, when stopping traffic violators, when assisting motorists parked/stopped in hazardous locations, and when the patrol vehicle is stopped/parked on the roadway.
a. It will not be assumed by the officer that the emergency lights will be sufficient to assure the right-of-way.
b. Maryland Vehicle Law Annotated Section 21-106(c)(1) requires emergency vehicles to be using a visible and an audible signal to request the right-of-way, except that an emergency vehicle operated as a police vehicle need not be equipped with or display the visual signals.
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2. The siren is frequently used simultaneously with the emergency lights.
a. The siren may have a startling effect on other users of the highway, resulting in erratic and unpredictable driving behavior.
b. The siren may also be used to signal violators to drive to the right of the road when other means of attracting the violator's attention have failed.
3. Emergency lights and siren in combination shall be utilized during pursuit situations, when responding to an emergency call, and when responding to a crime in progress if necessary to violate traffic regulations.
4. The spotlight and/or "take-down" lights should be used as a protection to the officer when hazardous conditions exist in dealing with known or suspected felons.
a. The spotlight and/or "take-down" lights should be used to illuminate the interior of the violator's vehicle so that all occupants are kept within view and at a distinct disadvantage when looking back toward the police vehicle and officer.
b. The officer should exercise care in remaining behind the spotlight so he/she is not at the same disadvantage and silhouetted by the light.
c. The spotlight should not be used to signal violators to stop due to the possibility of temporary blindness of the violator and other drivers due to the glare created by the spotlight.
5. The public address system may be particularly valuable when stopping a traffic violator.
a. The desired actions of the violator can be directed from a safe distance, minimizing the hazard to the officer.
b. The public address system can also be valuable in directing persons when unusual or emergency conditions exist.
D. Officers shall respond in a timely manner to urgent calls for service, which require the prompt response of the police, but does not constitute an inherently dangerous situation that demands an immediate response on the part of a peace officer.
41.2.2 MOTOR VEHICLE PURSUITS
The Purpose of this policy is to state guidelines to be followed during vehicular pursuit.
Vehicular pursuit of fleeing suspects presents a danger to the lives of the public, officers and suspects involved in the pursuit. It is the policy of the City of Cumberland, Department of Police to protect all persons’ lives to the extent possible when enforcing the law. In addition, it is the responsibility of the department to assist officers in the safe performance of their duties. To effect these obligations, it shall be the policy of the department to narrowly regulate the manner in which vehicular pursuit is undertaken and performed. 212
Vehicular Pursuit: An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing subjects who are attempting to avoid apprehension through evasive tactics.
A. Initiation of Pursuit
1. The decision to initiate pursuit must be based on the pursuing officer’s conclusion that the immediate danger to the public created by the pursuit is less than the immediate or potential danger to the public should the suspect remain at large.
2. Officers in an authorized emergency vehicle may initiate a vehicular pursuit when ALL of the following criteria are met:
a. The suspect exhibits the intention to avoid arrest by using a vehicle to flee apprehension;
b. The suspect operating the vehicle refuses to stop at the direction of the officer;
c. The suspect is believed to have committed a serious felony involving violence, threat of violence, or use of weapons; and
d. The suspect, if allowed to flee, would represent a danger to human life or cause serious injury.
3. The pursuing officer shall consider the following factors in determining whether to initiate pursuit:
a. The performance capabilities of the pursuit vehicle;
b. The condition of the road surface upon which the pursuit is being conducted;
c. The amount of vehicular and pedestrian traffic in the area; and
d. Weather conditions.
B. Pursuit Officer Responsibilities
1. The pursuing officer shall immediately notify communications personnel that a pursuit is underway. The officer shall provide Communications personnel with the following information:
a. Officer Identification Number;
b. Location, speed, direction of travel of the fleeing vehicle and traffic conditions;
c. Description and license number, if known, of the fleeing vehicle;
d. Number of occupants in the fleeing vehicle, and descriptions, where possible; and
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e. Reasons supporting the decision to pursue.
2. Failure to provide this information to communications personnel may result in an immediate decision by a duty supervisor assigned to monitor the pursuit to order its termination.
3. The primary pursuit unit shall reduce the level of pursuit to that of support or backup unit where:
a. The fleeing vehicle comes under the surveillance of the Maryland State Police helicopter; or
b. Another vehicle has been assigned primary pursuit responsibility.
4. Any primary or backup unit sustaining damage or failure of essential vehicular equipment during the pursuit shall not be permitted to continue in the pursuit.
C. Communications Personnel Responsibilities
1. Upon notification that a pursuit is in progress, communications personnel shall immediately advise the duty supervisor of essential information regarding the pursuit.
2. Communications personnel shall carry out the following activities and responsibilities during the pursuit:
a. Receive and record all incoming information on the pursuit and the pursuit vehicle;
b. Control all radio communications and clear the radio channels of all non-emergency calls;
c. Obtain criminal record and vehicle checks of the suspects;
d. Coordinate and dispatch backup assistance and Maryland State Police helicopter under the direction of the duty supervisor; and
e. Notify neighboring jurisdictions, where practical, when pursuit may extend into their locality.
D. Duty Supervisor’s Responsibilities During Vehicular Pursuit
1. Upon notification that a vehicular pursuit incident is in progress, the duty supervisor shall assume responsibility for the monitoring and control of the pursuit as it progresses.
2. The duty supervisor shall continuously review the incoming data to determine whether the pursuit should be continued or terminated.
3. In controlling the pursuit incident, the duty supervisor shall be responsible for the coordination of the pursuit as follows:
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a. Directing pursuit vehicles into or out of pursuit;
b. Re-designation of primary, support or the backup vehicle responsibilities;
c. Approval or disapproval, and coordination of pursuit tactics; and
d. Approval or disapproval to leave jurisdiction to continue pursuit.
4. The duty supervisor may approve and assign additional backup vehicles to assist the primary and backup pursuit vehicles based on an analysis of:
a. The nature of the offense for which pursuit was initiated;
b. The number of suspects and any known propensity for violence;
c. The number of officers in the pursuit vehicles;
d. Any damage or injuries to the assigned primary and backup vehicle or officers;
e. The number of officers necessary to make an arrest at the conclusion of the pursuit; and
f. Any other clear and articulable facts that would warrant the increased hazards caused by numerous pursuit vehicles.
E. Traffic Regulations During Pursuit
1. Each unit authorized to engage in vehicular pursuit shall be required to activate headlights and all emergency vehicle equipment prior to beginning pursuit.
2. Officers engaged in pursuit shall at all times drive in a manner exercising reasonable care for the safety of themselves and all other persons and property within the pursuit area.
3. Officers are permitted to suspend conformance with normal traffic regulations during pursuit (See G.O. 41.2.1) as long as reasonable care is used when driving in a manner not otherwise permitted, and the maneuver is reasonably necessary to gain control of the suspect.
F. Pursuit Tactics
1. Unless expressly authorized by the duty supervisor, pursuit shall be limited to the assigned primary and backup vehicles. Officers are not otherwise permitted to join the pursuit team, or follow the pursuit on parallel streets. Some recommended tactics are as follows:
a. Use fuses and/or traffic cones to set up an apparent roadblock in advance of the pursued vehicle, after clearing the road and selecting a safe location
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b. Use of Stop Sticks if warranted under special guidelines as outlined in G.O. 41.4
c. A moving roadblock, using two police cars in front or two in front and one alongside the violator, although this is extremely hazardous if high speed or weapons are involved and is best utilized on a divided highway and is restricted to use where deadly force would otherwise be allowed.
2. As a last resort, in those extreme cases where the use of deadly force would be justified to prevent injury or death to the officer or other persons, a stationary roadblock may be considered, only at the direction of a shift supervisor.
a. If suitable devices such as construction barricades are not available, unoccupied police vehicles with emergency lights in operation may be used at the direction of the shift supervisor.
b. To avoid creating an unnecessary hazard to pursuing officers and innocent persons, the barricade should be located in an area which provides a safe stopping distance for oncoming traffic.
c. The roadblock should be designed in such a manner as to leave an open path through the restricted area so that it would be necessary to proceed slowly through it.
3. Ramming of the suspect vehicle will only be considered if the use of deadly force would be justified to prevent injury or death to the officer or other persons, considering the extreme danger to the officers, occupants of the other vehicles, and other users of the highway.
4. Use of firearms during a pursuit shall be regulated by the agencies firearms policies. (See also General Order 1.3.2)
G. Termination of Pursuit
1. A decision to terminate pursuit may be the most rational means of preserving the lives and property of both the public, and the officers and the suspects engaged in pursuit. Pursuit may be terminated by the pursuing officer, the duty supervisor, or highest ranking officer on duty.
2. Pursuit shall be immediately terminated in any of the following circumstances:
a. Weather or traffic conditions substantially increase the danger of pursuit beyond the worth of apprehending the suspect;
b. The distance between the pursuit and fleeing vehicles is so great that further pursuit is futile; or
c. The danger posed by continuing pursuit to the public, the officers or the suspect is greater than the value of apprehending the suspect(s).
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3. The pursuing officer shall relay this information to communications personnel, along with any further information acquired which may assist in an arrest at a later date.
H. Inter jurisdictional Pursuits
1. The pursuing officer shall notify communications when it is likely that a pursuit will continue into a neighboring jurisdiction, or across the state line.
2. Pursuit into a bordering state shall conform with the laws of that state.
3. Pursuits from bordering jurisdictions entering Cumberland will be followed and/or observed by officers from a safe distance so as to render aid if such pursuit should end inside the city limits.
4. At no time will city officers take the lead in pursuits entering or passing through Cumberland by outside jurisdictions.
I. The duty supervisor shall prepare a comprehensive analysis of the pursuit, and forward it to the Chief of Police and Operations Commander.
41.2.3 FIELD INTERVIEWS
A. The use of field interviews is intended to provide documentation of persons which, due to circumstances of time, location, current crime statistics, etc., appear suspicious to an officer.
1. To guard against the misuse of field interviews and to minimize potentially adverse citizen reactions, the officer should establish some reasonable cause for the field interview contact and not make mere random inquiries.
B. All field interview contacts should be documented on field interview reports (FIR), including vehicle information and information relating to associates of the contact.
41.2.4 PROCEDURES FOR NOTIFICATIONS
A. When any person dies as a result of a criminal or other violent means, or by casualty, or by suicide, or suddenly when in apparent health, or in any suspicious or unusual manner, the physician called in attendance, or any member of an ambulance service, emergency squad, or law enforcement agency who obtains knowledge thereof arising from his duties, shall immediately notify the Office of the Medical Examiner of the known facts concerning the time, place, manner, and circumstances of such death.
1. Officers of this agency will ensure that proper notification of the Medical Examiner has been made.
2. Notifications of next of kin of deceased, seriously injured, or seriously ill persons shall be carried out promptly and in a considerate manner by the duty supervisor.
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a. Whenever possible, assistance should be obtained from the family clergy, Police Chaplain, a relative or close friend.
3. Requests for notification made by other agencies shall be confirmed, preferably by teletype.
a. If possible, a representative from the requesting agency should accompany the officer from this agency who is making notification.
4. These procedures shall apply for both crash and non-crash situations.
B. Officers shall maintain a constant awareness of street and highways hazards and shall report these hazards for correction.
1. When road conditions or other highway hazards need emergency attention due to weather or unforeseen circumstances, the duty supervisor shall notify Dispatch to contact the Street Superintendent so necessary corrective action can be taken. 2. Officers will normally generate a “Traffic Complaint" and forward the information to the Traffic Officer. The Traffic Officer will then notify the appropriate City department or agency to make disposition.
C. Officers shall notify the appropriate public utilities when emergency repairs or restoration of essential services are necessary.
D. The Cumberland Police Department will keep the media informed of public activities and other essential information about events and occurrences in the community. (See also General Order 54.1.1)
1. Prompt notification of the news media is essential to inform the public of traffic congestion or detours resulting from traffic crashes.
a. When traffic will be affected for a significant period of time due to a m/v crash, officers shall request communications specialist to contact area radio stations to inform them of the location of the crash, suggested alternative routes, and any applicable detours. The Traffic Officer will also be notified.
2. The duty supervisor shall, using reasonable discretionary judgment, keep the media advised of crashes with excessive damage, crashes with serious injury, felony crimes or arrests, serious misdemeanor reports or arrests, and various on-going investigations. (See also General Order 54.1.1)
a. The duty supervisor shall use the Press Release program in the department’s computer system. This program will be kept up to date with a listing of all releases sent to local media and can be retrieved by the Chief of Police and other supervisors when needed.
3. Reports to the media of serious felony crimes (UCR Part I offenses) should be left for the Chief of Police or his designee to determine time, place and manner of releasing the information. 218
4. An officer not wishing information to be released to the media shall, on the narrative for the particular complaint, express this desire and reason(s) to the officer's commander, who shall consider the request and decide what, if any, information will be released.
5. No officer will release information on a crime being investigated by another agency or jurisdiction.
41.2.5 HANDLING MISSING PERSONS
A. A report, including a full description and reason for absence, will be completed by a member of this agency when any of the following categories apply:
1. "A person of any age who is missing and under proven physical/mental disability or is senile, thereby subjecting himself/herself or others to personal and immediate danger." (EMD – NCIC Operating Manual - Section 8-1)
2. "A person of any age who is missing under circumstances indicating that his/her physical safety may be in danger." (EME - NCIC Operating Manual - Section 8-1)
3. "A person of any age who is missing under circumstances indicating that the disappearance may not have been voluntary, i.e. abduction or kidnapping." (EMI - NCIC Operating Manual - Section 8-1)
4. "A person who is missing and declared unemancipated by the laws of his/her state of residence and does not meet any of the criteria set forth in [other sections]." (EMJ - NCIC Operating Manual - Section 8-1)
5. "A person of any age who is missing after a catastrophe." (EMV - NCIC Operating Manual - Section 8-1)
6. The report taken by this department (State of Maryland Form #79) will include a complete physical description (height, weight, etc.); clothing last worn, if known; physical health and/or ailments, if known; scars, marks, tattoos, or other markings on the body; any distinctive jewelry or other accessories, if known; complete vehicle description, if a vehicle is involved and the information is known; associate(s), if known, and a complete description of the associate(s); and a documented narrative of the circumstances surrounding the missing person's absence.
a. Other associated reports, such as suspected foul play or other incidents of this person being reported missing, should be referenced in this report.
b. Recent photograph(s), if available, should be attached to the report.
7. The report or a copy of the report shall be forwarded to the dispatch center in order for appropriate entries to be made in MILES and/or NCIC.
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B. Information concerning missing juveniles will be disseminated including an entry into MILES/NCIC with an attempt to locate.
1. The communications center shall be responsible for sending a missing juvenile notification through the MILES system to Allegany and adjacent counties.
a. This may be accomplished by utilizing the NCIC format information for the missing juvenile and by adding pertinent information to the "header" of the teletype, then sending to area MILES terminals.
b. If there is information about the potential whereabouts of the missing juvenile, information shall be sent by teletype to that specific jurisdiction or region if that jurisdiction or region is outside the normal area of notification.
2. Information concerning adults may be disseminated to law enforcement agencies which could have reason to have contact with the missing person, e.g. where associates were located, where the missing person was last seen, etc.
C. The Cumberland Police Department will participate in the “A Child is Missing” Program
1. All CPD personnel shall be trained in the "A Child is Missing Program"
2. The "A Child Is Missing" Protocol –
a. A call is made to Allegany County 911.
b. The CPD Officer is alerted and responds to the scene.
c. Upon arrival, the Officer takes the pertinent information and completes the approved CPD Missing Person report.
d. The Officer will then determine if the "A Child Is Missing" program would be of any help.
e. The Officer will determine the circumstances of the Missing Person and also notify the Amber Alert system if necessary.
f. The officer will use the following criteria to determine if the "A Child Is Missing" program should be used.
1) The amount of time the person is missing.
2) The history of the person missing.
3) Any disabilities of the person missing.
g. If the Officer then feels the "A Child Is Missing" program should be used, the Officer will then consult with the Shift Supervisor.
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h. The Officer would then phone the "A Child is Missing" 800 number and notify the operator of the details of the case.
i. Each CPD Officer should have a card from "A Child Is Missing" explaining the details of the information needed.
j. When the Missing Person is located the originating Officer, if available, should call "A Child Is Missing" and cancel the alert.
D. Information concerning the missing person will be entered in NCIC as provided in the NCIC Operating Manual.
1. "A record for a missing person who is declared emancipated as defined by the laws of his/her state of residence may be entered in the Missing Person File provided the entering agency has signed documentation in its possession supporting the stated conditions under which the person is declared missing.
a. "The documentation must be from a source other than the investigating police agency, such as parent, legal guardian, next of kin, physician, or other authoritative source including friend or neighbor in unusual circumstances." (NCIC Operating Manual - Section 8-1)
2. "A record for a missing person who is declared unemancipated as defined by the state of his/her residence should be immediately entered into NCIC using one of the appropriate categories..."
a. "A missing person report filed with an agency which has jurisdiction is sufficient documentation for entering a juvenile in the NCIC Missing Person File." (NCIC Operating Manual - Section 8-1)
b. Statute requires a local notification concerning missing juveniles, which may be accomplished by sending additional information with the NCIC format through NLETS on the MILES system.
E. Upon return of the missing person, an addendum shall be made to the original report, indicating, if possible, the circumstances surrounding the return of the missing person.
1. The reporting officer shall ensure this information is forwarded to the Emergency Operations Center in order to remove the missing person from NCIC files.
F. Periodic contact shall be made with the reporting person(s) to ensure up to date information is on file with this agency, to ensure the reporting person is kept up to date on developments or leads with the case, and, in the case of juveniles, to ensure requirements for follow up and additional information are met.
G. The department will conduct follow up investigations to confirm the veracity of information contained in the report(s), to attempt to identify leads to help locate the missing person, and to attempt to clarify the circumstances surrounding the person's disappearance.
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1. If the missing person is believed to be in the immediate vicinity, the department will initiate a search, utilizing available resources and/or mutual aid resources, which might include canine teams, aircraft surveillance, and other measures.
2. When the Cumberland Police Department is informed that a minor is or may be missing and that the person providing the information wishes to file a missing child report, an officer shall take that report. Upon taking the report the police department shall take prompt action upon it, including, but not limited to, concerted efforts to locate the missing child.
H. Special procedures applicable to juveniles are outlined above, with the exception of the requirement of the department to request consent of the parent or guardian of a juvenile within thirty days after the juvenile is missing to provide dental records for the purposes of updating the NCIC files.
41.2.6 FINGERPRINTING
A. Subjects presenting themselves to the Cumberland Police Department for fingerprinting for employment purposes will only be fingerprinted during established hours.
1. There will be no fingerprinting if the processing room is being used to process prisoners.
B. Court Ordered fingerprinting will be handled in the same manor as a criminal processing.
1. A CPD fingerprint information sheet will be completed
2. Photo taken
3. State fingerprint card completed
4. CPD fingerprint card completed.
5. All paperwork will be forwarded to Central Records after the Shift Supervisor has ascertained everything has been completed.
41.3 EQUIPMENT
41.3.1 MARKED PATROL VEHICLES
A. Vehicles used by the Cumberland Police Department for routine or general patrol service will be conspicuously marked; including the agency's name, and the emergency telephone number.
B. Each vehicle used in routine or general patrol service will be equipped with at least red and/or blue lights, a siren, and a mobile radio transceiver, all of which shall be in operational order. 222
1. Patrol cars may also be equipped with an operational public address system, exterior spotlight(s), “Takedown” lights and alley lights are optional - not required for “slick top” vehicles.
41.3.2 UNMARKED PATROL VEHICLES
A. Unmarked patrol vehicles used by the Cumberland Police Department will be used primarily in the following functions:
1. For the use of the Duty and/or Road Supervisor;
2. DUI/DWI enforcement;
3. Selective Traffic Enforcement Program (speed enforcement when needed); and
4. On routine patrol, at the desecration of the duty supervisor, in areas where some element of stealth is needed.
B. Each unmarked vehicle used by the Patrol Division will be equipped with at least a red and/or blue rotating/flashing light, a siren, and a mobile radio transceiver, all of which shall be in operational order.
41.3.3 PATROL VEHICLE EQUIPMENT
A. Each patrol car will be equipped with equipment necessary to handle emergencies and preliminary investigations effectively.
B. Patrol vehicles should be stocked, at a minimum, with the following supplies:
1. A kit with first aid supplies and equipment, to be kept in a case in the trunk of the vehicle, including bandages, adhesive, gauze, dressings, triangular bandages, tape, betadine or antiseptics swabs or antiseptic lotion, non-sterile examination gloves, and a pocket mask for CPR;
2. A thermal blanket;
3. At least a 5 pound ABC fire extinguisher or equivalent.
4. A minimum of twelve (12) highway fusees, in an appropriate container.
5. A wrecking bar or other extrication device.
41.3.4 USE OF OCCUPANT SAFETY RESTRAINTS
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A. Occupant restraining devices shall be used by operators and front seat passengers in all agency vehicles.
B. Rear seat passengers are encouraged to use occupant restraining devices, but circumstances may preclude the use of seat belts in the rear seat, e.g. certain prisoner situations. (See General Order 71.2.1)
C. All prisoners will be securely restrained in the transporting vehicle with occupant safety restraining devices (seat belts) if seated in the front seat.
D. This department will maintain and have available car seats for infants and children transported by this department, in order to comply with Maryland Vehicle Law Annotated Section 22-412.2 governing the use of restraints.
41.3.5 PERSONAL EQUIPMENT AND APPAREL
A. Specifications for personal equipment and apparel to be worn by members of this agency shall be maintained on file with Support Services, and which specifications shall be accompanied by diagrams where necessary to indicate proper appearance of the equipment and uniform. (See General Order 26.1.1 C)
1. The list shall be reviewed and updated by the Command Staff.
a. The approved list of uniform parts should be referenced by officers prior to purchasing uniform items to ensure that members are purchasing approved items for uniform wear.
2. Uniformed Personnel Standards -- All personnel assigned to wear the uniform of the Cumberland Police Department (Standard Patrol Uniform) will adhere to these standards whenever in uniform, while on-duty, or off-duty.
a. All uniforms will be worn complete as prescribed for the season and will not be worn with any civilian, non-uniform, or unauthorized items of clothing.
b. Shirt and trousers will be kept clean, neat, in proper repair, with military pleat or press.
1) All summer uniform shirts will be worn with a white crew neck undershirt.
c. In order to enhance officer safety, body armor shall be worn by all personnel. Exceptions shall be;
1) Command Staff
2) Investigators (See General Order 41.3.6)
d. Shoes are to be black leather, plain toe, highly shined, worn with black or dark navy blue socks. 224
e. All leather goods worn, inclusive of gun belt, holster, ammo and cuff holders, and other authorized items are to be properly maintained and shined.
1) All leather goods shall be plain black leather.
f. Appropriate seasonal headgear shall be worn whenever outside of a building or a vehicle.
1) Headgear shall be worn when officers are engaged in traffic direction, foot patrol details, when not inside a building or motor vehicle, and at all other times except when inside a building, residence, or motor vehicle; when a tactical response to an incident would preclude the wearing of headgear; when engaged in a routine traffic stop; when engaged in accident investigation; or when severe wind conditions preclude wearing headgear. (See General Order 26.1.1 (C)(1)(f))
2) In exceptionally inclement weather, officers only while outdoors may wear the departmental issued toboggan when the officer will be out for extended periods of time performing his/her duties. The toboggan does not replace the normal headgear and may not be worn to Court or any other assignment.
3) Accountability for ensuring compliance with this policy initially rests with the on-duty supervisor.
g. Jackets, when worn, shall be completely buttoned/closed and shall display the breast badge on the outside.
h. All badges worn on uniforms or hats will be cleaned and shined, as shall any other authorized insignias worn.
1) A breast shield shall always be worn on the outermost garment.
2) The issued name plate will be worn centered under the badge on the pocket flap of shirts and Class A issued jackets. The top portion of the name plate will be aligned under the stitching of the pocket flap. (See Fig. 1 & 2)
3) Shooting medals will worn centered on the right breast pocket, with the top portion aligned under the stitching of the pocket flap. (See Fig. 1 & 2)
4) Specialized unit pins will be worn directly above the right breast pocket, centered above the shooting medal. (See Fig. 1 & 2)
5) For Lieutenants and above, the appropriate collar pins will be worn for the rank. On jackets, the rank shall be worn on the epaulets. (See Fig. 1, 2 & 3)
6) For Sergeants, Corporals and Patrolman First Class, the appropriate rank will be worn on the sleeve of the shirt and Class A jacket, if issued. Cumberland Police
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Department pins will be worn on the collar. On other jackets, rank will be worn on the epaulet. (See Fig. 1, 2 & 3)
7) Tie bars/tie tacks shall be worn with ties and shall be cleaned and shined.
i. Navy blue and orange reversible raincoats may be worn in inclement weather.
j. Gloves worn with the uniform shall be black or dark blue.
B. The winter uniform shall be as issued by the Cumberland Police Department and shall be worn by all members of the agency, excluding staff officers and Investigators.
1. The winter uniform shall consist of Long sleeve shirt with a tie and appropriate pins and medals. This shall be worn by all officers for Court or formal functions. (See Fig. 2)
2. Outdoors, the jacket will be zipped and will be worn with the shirt and tie. Appropriate rank shall be worn on the epaulet. (See Fig. 3)
3. Appropriately equipped gun belt
4. No boots shall be worn for Court or formal functions. Department issued shoes, full duty gear and vest will be worn for Court appearances and formal functions.
C. The summer uniform shall be as issued by the Cumberland Police Department and shall be worn by all members of the agency, excluding staff officers and Investigators.
1. The summer uniform shall consist of a short sleeve shirt with the appropriate pins and medals. This shall be worn by all officers for Court and formal functions. (See Fig. 1)
2. Appropriately equipped gun belt
3. No boots shall be worn for Court or formal functions. Department issued shoes, full duty gear and vest will be worn for Court appearances and formal functions.
D. The date and times when the winter or summer uniform are worn will be decided upon by the Deputy Chief as weather conditions dictate.
E. Spring and Fall uniforms will consist of short sleeve shirt, appropriate pins and medals with a zipped jacket. (See Fig. 1 )Appropriate rank shall be worn on the epaulet. (See Fig. 3) A tie is not necessary for this uniform. Appropriately equipped gun belt will be a part of the spring and fall uniform.
F. Black BDU type uniforms may be worn by patrol officers working the 2nd and 3rd Shifts.
1. Short sleeve BDU’s will be worn as part of the department’s summer uniform.
2. Long sleeve BDU’s will be worn as part of the department’s winter uniform
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3. BDU uniforms will be kept neat and clean to show a crease. Uniforms will be fitted to each officer’s body type and will not hang loosely on the officer’s body.
G. No boots shall be worn for Court or formal functions. Department issued shoes, full duty gear and vest will be worn for Court appearances and formal functions.
H. All items of uniform and apparel are to be maintained in good repair, in a neat and clean condition, particularly leather gear and shoes, which shall be shined or maintained to have a neat appearance.
1. The only items to be worn on the outer duty belt are those issued by the agency, but may be worn in any order desired by the officer.
I. The agency will furnish officers with uniforms and personal equipment needed for the accomplishment of their duties, including replacements and/or a uniform allowance for uniforms and personal equipment used by officers. (Article XXI of the FOP Agreement)
J. Specialized Unit uniforms
1. Uniform for Motorcycle officers will be;
a. Standard shirt for the uniform of the season, complete with appropriate pins and medals. (See Fig. 1 & 2) This may include either a tie or dickie for the winter uniform.
b. Motorcycle pants and boots
c. Leather jacket, if appropriate for the weather
d. Appropriately equipped gun belt
e. Standard patrol uniform, complete with issued shoes and non-motorcycle pants, will be worn when the motorcycle officer is driving any vehicle other than the department’s Harley-Davidson.
f. Standard patrol uniform will be worn while attending Court.
2. K9 Handler Uniform
a. Standard K9 uniform will be black fatigues/BDU’s, boots
b. Jacket if appropriate for the weather
c. Appropriately equipped gun belt.
d. Standard patrol uniform will be worn while attending Court
3. C.E.R.T. Uniform
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a. Standard CERT uniform will be fatigues/BDU’s – color depending on the operation or situation.
b. Team Supervisor will determine the appropriate fatigues/BDU’s
c. A black tee shirt will be worn by those after completing a three (3) week tactical course
d. C.E.R.T. clothing will only be worn during an actual operation/callout or during training.
e. Standard patrol uniform will be worn while attending Court
K. Crowd control gear, specifically riot helmets, will be provided to members of the agency.
1. Head gear will be inventoried and assigned to an individual officer.
2. Each officer shall be responsible for the maintenance and storage of the helmet and shall store the helmet so it is accessible at any time.
L. It shall be the Shift Supervisors responsibility to be certain officers on his/her shift are in compliance with the uniform regulations.
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41.3.6 BODY ARMOR
A. Body armor is provided to all officers as a part of their initial uniform issue and will be replaced as necessary by the City of Cumberland. (See General Order 22.2.7)
B. Officer safety is of paramount importance and as a general rule, body armor shall be worn by all personnel.
1. The Shift Supervisor, based on extreme weather conditions, may waive this requirement.
2. Waivers should be based on the high probability that the wearing of the body armor would have a detrimental effect on the officer's health.
3. If body armor is not worn, it shall be placed in the cruiser to make it available to the officer.
C. An Investigator could be exposed to situations which require arrest at any given time and without notice, therefore personnel working in that capacity are encouraged to wear body armor when actively working an investigation and are required to wear body armor when:
1. Actively serving arrest warrants.
2. Engaged in a "high risk" operation.
3. Part of a search warrant or raid.
4. Working as part of a multi-jurisdictional task force.
5. If body armor is not worn, it shall be placed in the cruiser to make it available to the officer.
41.3.7 Take Home Vehicle Policy
A. Purpose:
To establish policy, procedures, and guidelines for availability and operation of Take Home Vehicles (THV) to sworn eligible officers for on-duty and off-duty use.
B. Policy:
It shall be the policy of the Cumberland Police Department to assign a Take Home Vehicle (THV) to eligible sworn officers for on-duty and off-duty use. Officers will recognize the additional responsibility that accompanies the off-duty operation of a police vehicle, including an expectation by citizens of assistance from the operator of the vehicle.
C. Program Goals:
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The Take Home Vehicle program is intended to:
1. Raise community safety through increased police presence and visibility in the City of Cumberland, to be accomplished by providing greater incentive for police officers to live in the City as members of the community.
2. Improve officer retention and enhance the department’s recruiting posture by offering this incentive which has substantial value to participants.
3. Provide incentive to serve in Administrative and on-call positions (i.e investigations, K-9, CERT, etc.) and to provide adequate equipment, transportation and communications capability on a 24-hour basis.
4. Reduce maintenance costs for the department’s fleet and extend the life of each vehicle.
5. Administration, Supervisors and officers will be more informed concerning police activity as a result of monitoring radios and scanners when in their THV.
D. Eligibility Requirements and Allocation:
To become eligible for a Take Home Vehicle, an officer must meet the following requirements:
1. The officer has successfully completed the required employment probationary period.
2. The officer must be a resident of the City of Cumberland with the below exception.
3. The officer is assigned to a special unit or Administrative position that involves callouts and/or county-wide jurisdiction and the officer resides outside the city, but within Allegany County. An officer who lives outside the County and is assigned to a special unit or is subject to callout may only take the vehicle home when he/she is actually listed on call.
4. Vehicles will be allocated to the THV Program based on availability of vehicles and the operational needs of the department. Departmental operational needs take precedence over the THV Program. Eligibility lists will be established and maintained to govern the order of assignment to eligible officers. The eligibility list will be maintained by the Deputy Chief. Assignment of vehicles will be made by seniority as follows:
a. Rank
b. Date of rank, and
c. Date of hire
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The priority of special unit personnel will be considered on a case by case basis.
E. Program Regulations:
The following regulations apply to all participating officers as well as those officers who may be assigned vehicles temporarily under special circumstances by appropriate command authority.
1. A THV may be used off-duty within Allegany County
2. If an officer, who is a Cumberland resident, and not assigned to a special unit, is assigned a Take Home Vehicle, that vehicle shall not be taken outside the confines of Allegany County without the permission of the Chief of Police
3. While off-duty, officers are allowed to transport civilian passengers. The operating officer will use a seat belt and ensure any passengers will use restraint devices. The officer is responsible for the conduct of passengers.
4. Any vehicular accident involving a THV will be reported to the Department as well as to the jurisdictional agency in which the accident occurred.
5. Any personal injury incurred by a department member or passenger while in a THV will be reported to the Department using the appropriate reporting criteria.
6. City vehicles will not be operated after the ingestion of any amount of alcohol, nor by any officer who has ingested any drug that impairs the ability to operate the vehicle.
7. No alcoholic beverages will be transported in a city vehicle except those beverages seized as evidence or contraband.
8. The THV will not be used to frequent an alcoholic beverages store, bar, or similar establishments. Officers will always be cognizant of the image displayed to members of the public.
9. Officers who have current, approved secondary employment requests on file with the department are not authorized to use the THV as part of that employment.
10. While operating a THV, officers will have on their person, police credentials and badge. In addition, an approved firearm, handcuffs, and portable radio will be available in the vehicle.
11. Clothing and attire must be such that it projects a favorable image of the department and does not create a safety hazard for the officer. No shorts, tank tops, sandals or clothing with sexually suggestive wording or depictions or alcohol advertisements, etc. will be worn.
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12. An unattended THV will be kept locked at all times. The portable radio and all weapons will be removed from the THV when it is unattended except for a short period of time.
13. A THV will be turned into the Fleet Manager if the officer is on light duty, extended sick leave, disability, administrative leave, suspension or is the subject of a criminal investigation. The unit may not be transferred to another officer in the assigned officer’s absence.
14. No unauthorized person is permitted to operate a city vehicle except in a life- threatening emergency.
15. Officers are prohibited from using their THV while engaged in political activities.
16. If an off-duty officer, while operating a THV and not involved in an enforcement activity, is involved in a motor vehicle accident which results in property damage or personal injury, and that officer is found to be negligent in his actions, the officer may be responsible for paying the City’s fleet insurance deductible. The officer also may be suspended or terminated from the THV program.
17. When an officer’s THV is down for repairs or maintenance, the officer will use one of the pool patrol vehicles during their shift. However, the pool vehicle will remain at headquarters at the end of the officer’s shift.
F. Operating Procedure:
1. While using the THV off-duty, each officer will adhere to the Department’s policy governing off-duty arrests.
2. While operating a THV within the city limits, officers will monitor the police radio and advise dispatch when responding to a call.
3. While in the City, off-duty officers operating a THV will take appropriate action on incidents or calls for service which come to their attention either on-view, through a citizen, or radio monitored activity of a serious nature occurring within reasonable proximity to their location. They are expected to assist as necessary at the direction of the on-duty supervisor.
4. Minor incidents encountered in the City while operating a THV off-duty may be handled and cleared by the off-duty officer. Dispatch must be notified. (Examples include alarms, disabled vehicles, traffic complaints)
5. Officers with civilian passengers will not become involved in high-risk activities until the passenger(s) have been discharged at a safe location. Dispatch will be advised of the location where passengers are discharged so they may arrange transportation.
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6. Officers, off-duty, operating a THV in non-uniform clothing will only make traffic stops in the city when inaction would result in substantial public danger and/or reflect unfavorably upon the department. (Ex. Suspected DWI, Hit & Run and acts of negligent or reckless driving in full view of the officer and the public).
7. A THV will not be used to carry excessively large or heavy loads or objects which protrude from the trunk or windows, except in performance of official duties.
8. Officers will adhere to all Maryland motor vehicle traffic laws and parking regulations.
9. For deterrent reasons, when reasonable and safe, the THV shall be parked in plain view of the public.
G. Compensation:
1. The off-duty use of a THV has sufficient value to preclude off-duty officers from being compensated further for providing assistance in routine situations for short periods of time (less than one hour).
2. When the on-duty supervisor requests the off-duty officer’s presence for longer than one hour, the officer will qualify for compensation at the rate of time and one- half for the actual time worked.
H. Off-Duty Involvement (Outside the City):
1. Officers shall know and understand the limits and scope of their authority and only take enforcement action in those situations enumerated in the Annotated Code of Maryland.
2. Except in incidents immediately affecting public safety, officers will not make traffic stops outside the City while off-duty.
I. Maintenance and Authorized Equipment:
1. Officers are responsible for the maintenance of their assigned vehicle and will keep all scheduled appointments for service, factory recalls, etc.
2. City vehicles will be kept clean. Trash will be properly disposed of and not subject to public view.
3. The use of all tobacco products in a city vehicle is prohibited.
4. Any addition or modification to vehicle equipment will require the advance approval of the Fleet Maintenance supervisor.
5. No bumper sticker, decal, banner or placard of any type may be attached to a THV without permission of the Chief of Police.
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J. Suspension or Termination from THV Program:
1. Any violation of the above policy can be considered by the Chief of Police as cause to suspend or terminate the officer’s THV privilege.
41.3.8 MOBILE DATA TERMINALS
Mobile Data Terminal Policy
I. PURPOSE
A. The purpose of the Mobile Data Communications System (MDCS) is to improve the department’s responsiveness by utilizing data communications in field units. The MDCS was designed to allow access to federal, state, and local databases. The system also provides a secure method of communication between field units.
B. This policy provides standards and guidelines for the proper and authorized use of the Mobile Data Terminal (MDT). The MDT is to be used as an informal means of communicating (direct non-verbal communication between units, etc.) with EOC and other members, maintaining the status of field units, and conducting field reporting. The MDT also provides direct user access to national, state and local computer databases and other users on the MDCS. This policy applies equally to all department members unless the context or specific language indicates limited applicability.
II. GENERAL PROVISIONS
A. All users with a MDT will immediately activate and log onto CapWin when beginning their tour of duty. Other users of CapWin on stationary office computers are encouraged to log on in order to enhance safety and emergency responsiveness.
B. Supervisors will periodically check to ensure employees remain signed on as required by this directive.
C. Subject to section II.D, all users are encouraged to use the CJIS/MILES/NCIC query functions to identify wanted or missing subjects and stolen vehicles and property when not running calls for service or engaged in other departmental activities.
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D. Safe Use
The driver of any vehicle equipped with an MDT shall always use the MDT in a safe manner. Safety of the officer, other vehicles, and tactical operations takes a priority over any mobile data operation.
1. The removable keyboard will be properly stored in its rack while the vehicle is in motion.
E. Hit Procedures
1. Officers receiving a hit on their MDT will verify the hit by viewing the NCIC Summary Screen to ensure the hit is for the person or type of property and identical information they requested, prior to initiating a stop or contact.
2. Officers must confirm the hit through communications prior to making an arrest or recovery.
F. Providing On Scene / Clear Scene
Officers assigned as the primary officer on a call will be responsible for providing the on scene and clear scene times.
G. Voice Communications
While officers are expected to use the MDT as much as possible to reduce airtime, voice communications will be used whenever it is deemed necessary for officer safety reasons.
1. Voice communication will be used to dispatch all calls for service.
2. The MDT should generally be used by both officers and communications personnel to communicate non-urgent / non-officer safety information which would otherwise draw on radio time.
a. If an officer chooses to use the radio instead of the MDT, communications personnel will respond to the officer on the radio.
III. ELECTRONIC MESSAGING PROCEDURES
A. All electronic messages should be considered in the public domain. Employees should have no expectation of privacy regarding electronic messages. All transactions on the MDT are electronically logged. Short personal messages are allowed as long as they are not offensive, degrading or embarrassing in any way to the Department or any individual. Under no circumstances will an employee using the MDT system broadcast jokes, sexual comments or innuendos of a provocative or suggestive nature, or language that creates an intimidating, hostile or offensive
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working environment of any kind. To assure proper procedures are being followed, supervisors will periodically review message logs.
B. Any electronic message that is sent through the MDT system may later be retrieved by authorized personnel, even though it may have been deleted from the assigned employee’s MDT. Electronic messages are not a protected form of communication and could be subject to a discovery motion in a criminal case, civil case, or internal investigation.
C. Broadcast messages to all system users must have the prior approval of a supervisor or concern an operational law enforcement matter that precludes prior approval.
D. Personnel status notifications, e.g., in service and/or out of service, will not be communicated by electronic messaging on Mobile Data Terminals since acknowledgement of such transactions may not occur in a timely fashion.
IV. SECURITY
A. Physical Security
Officers will be responsible for the MDT’s physical security and for obtaining any required maintenance through MIS.
1. Vehicles must be locked when not in operation or when not occupied by an authorized user
B. Authorized Users
Use of a department MDT by anyone other than an authorized user is prohibited. Only the following are authorized to use the MDT’s:
1. Employees that have attended mobile data training and have a valid user name.
2. Field training participants.
3. MIS personnel
C. Passwords and Changes
Access to the MDTS will be controlled through assigned logons. Officers will be provided passwords by MIS. Officers will make every effort to keep their password private. Officers will not give their passwords to any other person nor will they leave the passwords in any discernible written form in or near their MDT.
D. Notification
Departmental personnel must immediately notify their supervisor if an MDT or peripheral equipment is damaged, stolen, or it is believed unauthorized access was
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attempted or gained. Department procedures for reporting damaged/stolen equipment will be followed.
E. The temporary or permanent installation or usage of software, hardware, peripheral devices, screen savers or the attachment of any object in or on an MDT or one of its component parts is prohibited, without the prior approval of MIS.
V. SYSTEM MODIFICATIONS
Hardware and software modifications or changes to the mounting system are prohibited except when authorized by MIS. Only software tested and approved for the MDTS can be installed on MDTs. Officers who wish to use other software must submit the software to MIS for configuration testing and approval prior to installation.
VI. MAINTENANCE
A. MIS is responsible for maintenance, support, and repair of the MDT software. Requests for service should be routed through the Help Desk by sending an email to “HELP”. MIS personnel will usually be available for most calls about serious mobile data problems. If required, they will respond to the user and arrange for a service time or replace the computer. Officers experiencing problems with hardware or software should first contact either that Fleet Manager or the Administrative Services Lieutenant.
B. Help Desk
The Help Desk is an automated service that will let the officer advise MIS of problems with any software or hardware issues. An email addressed to “HELP” will generate a work order, which will be assigned to a member of MIS.
1. If the problem appears to be minor in nature, the problem may be addressed with a phone call to a member of MIS during normal business hours.
2. Minor problems after normal business hours will be addressed as soon as a member of MIS can be reached.
C. Passwords
If a user has problems with or has forgotten their MILES password, contact the department’s CJIS Coordinator.
VII. TRAINING
A. All users of the MDCS must be instructed on the proper usage of the MDT and must maintain current certification for CJIS/MILES/NCIC.
B. All training will be performed by Cumberland Police Department approved instructors.
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VIII. DISPATCHING
A. The MDCS will be used in conjunction with radio communications and is not intended to be a replacement for voice dispatching.
B. The MDCS may be used to reduce radio communications, enhance officer safety and provide a means of transmitting information and messages.
1. Communications personnel will continue to dispatch calls for service over the radio.
2. Officers will use their MDT to access CJIS/MILES/NCIC data unless doing so would compromise officer safety.
3. Off-duty officers may, but are not required to log onto the MDT with a status of “off duty”. Off-duty officers will be responsible for answering calls as in accordance with General Order 41.3.7, Take Home Vehicles.
4. Officers will log off the system prior to leaving their vehicles for extended periods of time.
41.4 USE OF STOP STICKS
41.4.1 STOP STICK PROCEDURE
I. Summary: This document contains the Department's policy governing the use of roadway spikes to prevent vehicular pursuit. It is the policy of the Cumberland Police Department to utilize tire deflation technology to stop fleeing vehicles when such use can be done with reasonable safety.
II. PURPOSE: Vehicle pursuits pose a danger to the public and to the pursuing officers. Stopping the fleeing vehicle quickly and safely is the desired resolution to vehicular pursuits. Finding the means of safely stopping fleeing vehicles presents a challenge to law enforcement, which has always sought options for doing so. Tire deflation technology such as the "Stop Stick" provides such an option under proper circumstances.
III. POLICY: It is the policy of the Cumberland Police Department to utilize tire deflation technology to stop fleeing vehicles when such use can be done with reasonable safety.
IV. PROCEDURE: Officers will use the following procedures and guidelines in utilizing the "Stop Stick" device:
1. Description of the "Stop Stick" tire deflation device.
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a. The "Stop Stick" is an omni-directional roadway spike system used to terminate vehicular pursuits, that measure 10 feet long and is housed in a rectangular plastic container that includes a spike replacement tool, one package of replacement spikes with tip guards, and a cord assembly.
b. The device allows for a controlled rate of tire deflation.
2. Training
a. No officer will use or deploy a tire deflation device without first having received CPD approved training in the use of the device.
b. Training will be in accordance with the manufacturer's guidelines on the use and deployment of the device and shall include a training video and practical application.
3. Deployment of "Stop Sticks"
a. “Stop Sticks" shall be assigned and mounted in patrol vehicles as determined by the Deputy Chief.
b. Officers will deploy "Stop Sticks" in accordance with the CPD’s Vehicular High Speed Pursuit Policy.
c. Trained members of the Cumberland Police Department may deploy "Stop Sticks" during pursuits occurring within the jurisdictional area of the Cumberland Police Department under the following conditions:
1) "Stop Sticks" may be used to end vehicular pursuits if the device can be deployed in a manner that does not create additional hazards to the public or law enforcement personnel.
2) "Stop Sticks", depending on circumstances, may be used in groups.
3) Officers wishing to deploy "Stop Sticks" will obtain permission from a shift supervisor prior to placement on the roadway.
4) The deploying officer will immediately notify pursuing officers of deployment and of the location of the device.
5) Officers will deploy "Stop Sticks" in a manner that enables them to control traffic flow without causing damage or creating a hazardous situation to other vehicles.
d. A portion of the roadway will remain clear of the "Stop Stick" to enable pursuing vehicles to pass through without contacting the device.
1) After the suspect has passed over the "Stop Stick", the deploying officer will immediately remove any remaining devices left on the roadway.
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2) If the cord and nylon sleeve is used to deploy the "Stop Sticks", the deploying officer shall stand off the roadway, behind cover, until the suspect vehicle has passed across the spikes.
a) The deploying officer will then use the cord to immediately remove the "Stop Sticks" from the roadway, thereby allowing police vehicles to pass through the placement area.
b) The vehicle carrying the "Stop Sticks" will be positioned a safe distance off the roadway in the immediate area of deployment.
e. With the shift supervisor's permission, officers may deploy "Stop Sticks" outside the Police Departments jurisdiction if requested to do so by the primary law enforcement agency for that jurisdiction provided such deployment is not inconsistent with the provisions of the requesting Agency and the guidelines of this policy.
f. At the request of outside agencies involved in a pursuit, and with the shift supervisor’s permission, officers may deploy “Stop Sticks” if such pursuit enters CPD jurisdiction, provided such deployment is consistent with the guidelines of this policy.
g. At no time will a police vehicle or other vehicle be used as a stationary roadblock.
h. In most cases “Stop Sticks” should only be considered for the same reasons that officers would engage in a high speed pursuit according to CPD Pursuit Policy.
V. Documentation
1. The use of "Stop Sticks" to stop a suspect vehicle in a pursuit will be recorded in the narrative of the incident report.
2. The O.I.C. of the officer deploying the "Stop Sticks" will notify the Deputy Chief within 24 hours of their use and indicate if replacement is needed.
3. "Stop Sticks" used to stop a suspect vehicle will be treated as evidence and held by the Evidence Officer until all criminal charges are disposed of.
VI. Use Inconsistent With Policy
1. "Stop Sticks" or any other roadway spike device shall not be used under any circumstances inconsistent with this policy, or any other policy of the Cumberland Police Department.
A definitive policy to cover all eventualities for the use of "Stop Sticks" cannot be created. This policy is meant to serve as a guide to personnel so that they understand how the device functions and how to safely deploy it to stop a suspect vehicle in a pursuit.
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In as much as there are situations confronting police and fire agencies where close interagency cooperation is required to avoid conflicts created by the difference in the natural function of the agencies, there is a need to identify specific types of situations in which special cooperation is required and to describe a method for achieving this cooperation which is acceptable to both agencies.
It is recognized that the function of a police agency gives priority to subduing violence and the investigation, fact gathering and evidence preservation necessary for determining whether or not a crime has been committed, and whether or not a person/persons should be taken into custody; while the function of a fire agency gives priority to the extinguishment of fires, the evaluation of hazards and the assessment of patients/victims to determine what action, if any, is necessary to control the hazards and initiate appropriate victim care.
41.9.1 DISTURBANCES
Definition - Any incident which involves disputes or violence. Examples include shootings, fights, neighbor trouble, family argument, gunfire or other weapons.
A. When a disturbance is encountered, the appropriate police agency shall be notified.
B. When a complaint involving a disturbance is received, the Emergency Operations Center should attempt to determine whether or not there are injuries. If there are injuries reported, both police and fire should be dispatched. When the police are dispatched and later find there are injuries, the EOC shall be notified and the appropriate fire department response shall be dispatched.
C. Each agency is responsible to determine the appropriate response for the situation reported. To clarify, this means the fire department shall not specify the number of patrol cars or police officers needed and the police shall not specify what response is needed from the fire department. A simple statement of the problem should be sufficient.
NOTE: This policy shall not prohibit either agency from further explaining the extent of the situation so an appropriate response can be determined. Each agency shall respect the responsibility of the other to determine for itself what response is appropriate for the problem reported. In addition, both agencies should avoid canceling the other agencies responding vehicles, especially if injuries are involved. This shall not preclude either agency canceling all responding units on unfounded situations.
D. When both agencies are dispatched, the police shall be dispatched first, followed immediately by the appropriate fire department response. The police shall move in and secure the scene to provide a safe environment in which the fire department can operate.
E. The fire department shall stand-by at a location near to, but not in the line of sight of the incident, with emergency lights off until the police report the scene is secure. The fire department, either en route or upon arrival, shall notify EOC of their stand-by (rendezvous) location. EOC shall notify the police of the fire department's location. It is 244
imperative that the police notify EOC when the scene is secure. EOC shall notify the fire department, which shall then continue their response to the scene.
F. In special situations, such as when one agency is dispatched without the other due to incomplete information or when there will be an unusually long delay before the arrival of one agency, responsible personnel are expected to act appropriately, bearing in mind the principles and goals of the foregoing plan. The safety of all emergency service personnel is top priority.
41.9.2 CRIME SCENES
Definition - The scene of an incident which is determined by the police department to involve a crime or a possible crime.
It shall be the responsibility of the police department to determine a particular area as a crime scene and report this information to the fire department on-scene commander.
In the absence of the police department, should the fire department witness the commission of a crime, believe a crime has been or might be committed, the fire department shall immediately notify the police through the Emergency Operations Center. The fire department shall protect the area so as to preserve the crime scene from possible contamination of evidence. If there is any question as to the safety of fire department personnel, the fire department shall withdraw from the area and stand-by for the police to secure the area as outlined in Section 1.4 through 1.6.
EMERGENCY MEDICAL SERVICE AT CRIME SCENES
When operating at crime scenes the police shall secure as required by departmental procedure. Fire department actions will be determined by the condition of the victim/victims as follows:
A. VICTIM OBVIOUSLY ALIVE If the victim is obviously alive, the fire department should proceed to help the victim, taking extra care to not disturb anything that is in the area. If possible, the fire department should consider drawing the outline of the victim's position in the dirt or with chalk before moving the victim. In order to provide good victim care and cause the least amount of disturbance to the scene, the fire department should move the victim from the area as soon as possible. It is recognized that the practice of good victim care may prevent early movement of the victim, but relocation should not be unnecessarily delayed. The sooner the area is vacated, the less chance of disturbing the crime scene. While the preservation of the victim's life is the primary consideration, all possible effort should be made to preserve the scene.
B. UNCERTAIN IF THE VICTIM IS ALIVE If it is uncertain whether or not the victim is alive, the EMS crew shall evaluate the victim with all other emergency personnel remaining outside of the scene. If the victim is determined to be alive, the fire department shall proceed as outlined in Section 2.1.1. If the
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victim is determined to be deceased, the fire department shall immediately withdraw from the area, taking care to not disturb the crime scene and carrying their equipment with them.
C. VICTIM OBVIOUSLY DECEASED If the victim is obviously deceased, the fire department should not enter the crime scene. The fire department on-scene commander shall record the names of the fire department personnel who touched the body and where the body was touched. This information shall be given to the police department for fingerprint identification purposes.
D. OTHER CONSIDERATIONS Where there is a crime scene involving victims, especially where a fatality is involved, the fire department should consider the psychological impact on family members, friends, etc. who may be at the scene. It may be desirable for someone to stay with these people to help calm them and prevent irrational acts until other family members, friends or neighbors can come to their assistance. In other words, they should not be abandoned.
41.9.3 ARSON RELATED CRIME SCENES
Emergency personnel should be aware of typical crime scene aspects related to arson. Extreme care should be taken to preserve fire scenes until an investigation can begin.
The fire department has primary responsibility for determining cause and origin. The Fire Prevention Bureau commander or the Fire Chief shall have ultimate control of the scene until cause and origin are determined.
A. When a crime or possible crime, i.e. arson, has been established, the on-scene fire department investigator shall notify the on-duty police commander who will in turn determine the appropriate police department response to support the investigation. A joint investigation shall commence utilizing the experience of both agencies.
B. If a fire victim is located and the victim is obviously deceased, Section 2.1.3 shall apply. The victim shall not be removed from the scene. The police department shall be notified immediately. The police department shall notify the Medical Examiner and the police department shall be responsible for the investigation of death in cooperation with the fire department investigator.
41.9.4 AUTO CRASHES
Definition - An incident involving one or more motor vehicles, usually occurring on a public highway and involving a collision.
ESTABLISHING SCENE CONTROL
The roadway should be kept open as much as possible. Closing the road increases the chance of another crash. All vehicles responding to the crash scene should try to occupy the lanes already
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blocked by the involved vehicles. The possibility of locating some police and fire vehicles off of the roadway to the berm should be considered.
However, a higher consideration is to establish control of the scene so that uninvolved vehicles, structures and personnel will be protected from or at least adequately warned of the hazards created by the crash; the persons involved in the crash who may be injured, and may be expected to be excited, scared, nervous, etc. and therefore susceptible to act irrationally will be reasonably protected from further dangers such as from curious onlookers and oncoming traffic; and the fire and police personnel who must work in the crash area will be protected so they can work safely and devote full attention to their duties. Usually this requires the use of emergency vehicles to establish scene perimeters and may require the placement of flares well beyond this limit to provide early warning to traffic. First officer(s) on the scene should not use flares without fully evaluating the scene to determine if flares can be used safely. Frequently all of this may be accomplished without closing the road by the efficient and prompt placement of responding emergency vehicles.
Nevertheless, the road should be closed and blocked when any of the following conditions are found:
1. Less than one lane is obstructed by vehicles, victims or debris.
2. Gasoline, other flammable or toxic liquids, hazardous materials or unidentified materials are in or on the roadway,
3. A fire is in progress.
4. Electric lines are down or poles are sheared off, or damaged so they are unstable.
5. If there are or may be rescue problems (person/persons entrapped or requiring assistance to be removed from the vehicle).
6. In the judgment of the police or fire department commander, the situation is such that closing of the road is necessary.
When a roadway is closed, the commanding officer who closed the road should strive to reopen the roadway as soon as safely possible.
41.9.5 OPERATIONS AT THE SCENE
The first responsibility is to establish scene control. After this has been accomplished, the function of the police department should be to maintain traffic and crowd control, conduct an investigation of the crash and assist the fire department.
The function of the fire department should be to provide rescue services, emergency medical services, eliminate hazards and to assist the police department. Summoning of tow trucks is the responsibility of the police department.
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By contrast, the police should not evaluate possibly injured victims at the scene of an auto crash or accept the mere statement of a victim that they are not injured or are "OK".
Emergency medical personnel, if enroute, should not be canceled. If aid is refused, fire department personnel should obtain the victim's signature as "refused aid" and this shall be properly noted on the emergency medical report.
"Wash down" of an auto crash scene should not be started by the fire department without checking with the police officer in charge for evidence the debris may contain. Fuel spills posing an immediate hazard should be made known to the police as quickly as possible.
41.9.6 SIMULTANEOUS BURGLARY AND FIRE/MEDICAL ALARM RESPONSES
Definition - When both police and fire departments are dispatched to the same location at the same time on alarm activations.
A. The Emergency Operations Center shall notify both police and fire departments that the other is responding.
B. The first arriving units shall advise EOC of any abnormal conditions observed that would be pertinent information for the other department not on the scene.
C. If there is not an obvious sign of a fire or medical emergency at the scene, the fire department shall stand-by until the police have arrived and secured the scene to ensure a safe entry by the fire department. Keep in mind this applies when simultaneous burglary and fire/medical alarms are received.
41.9.7 FIRE DEPARTMENT FORCIBLE ENTRY
A. It is the policy of the fire department to physically enter a structure to fully investigate a fire or emergency medical alarm. Merely conducting a "window check" of a structure has proven to be ineffective.
B. The fire department shall select an appropriate point of the structure to gain entry. Fire department personnel shall strive to gain entry at a point that will minimize property damage.
1. If it is determined that the fire department will force entry into a structure, the police department shall be notified through EOC. EOC shall dispatch the police. The fire department will not normally delay entry on a medical alarm to wait on the police. Time is a crucial element on medical responses.
2. If there is no immediate indication of fire on a fire alarm response, the fire department should delay entry until the arrival of the police. Upon arrival, the police will assist the fire department in gaining entry if necessary.
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3. Upon resolution of the incident, the in-charge personnel from both police and fire will collectively determine whether a keyholder or emergency contact can be notified and respond to the scene in a reasonable amount of time as determined by the police and fire on-scene commanders.
41.9.8 KEYHOLDER/EMERGENCY CONTACT ENROUTE
A. If a key holder or emergency contact is confirmed to be en route, the police officer on the scene will normally stand-by for their arrival. If a reasonable amount of time has passed without the arrival of the key holder or emergency contact, or another situation arises that mandates the police officer to leave the scene, the police officer shall notify EOC and the police officer shall leave proper notification as outlined in Section 5.4.
41.9.9 NO KEYHOLDER/EMERGENCY CONTACT ENROUTE
A. If no key holder or emergency contact is enroute, the in-charge personnel from both police and fire shall collectively determine the most appropriate way to secure the property. The fire department shall secure the property in the best possible way to ensure the property is reasonably protected from intruders and weather.
B. The police and fire in-charge personnel shall ensure that proper notification is left at the scene utilizing their respective card system.
C. The police and fire departments will ensure that the alarm company or contact person has been notified by EOC if possible. Under no circumstances shall a structure be left without a reasonable effort to secure the property and notifications card left on the premises.
D. The police department will notify EOC of the final disposition. EOC shall notify the alarm company and/or contact person.
The ultimate responsibility to ensure that all of these guidelines have been met rests jointly with the in-charge fire and police personnel at the scene.
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Cumberland Police Department
General Order #44 Subject: Juvenile Operations Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
44.1.1 Juvenile Operations Functions 44.1.2 Juvenile Justice System 44.1.3 Definitions 44.2.1 Using Least Coercive Alternatives 44.2.2 Provisions for Juvenile Custody 44.2.3 Custodial Interrogation 44.2.4 School Liaison Program 44.2.5 Relations with Community Recreation Programs
44.1 ORGANIZATION AND ADMINISTRATION
44.1.1 JUVENILE OPERATIONS FUNCTION
A. The agency will demonstrate its commitment to the development and perpetuation of programs designed to prevent and control juvenile delinquency by the use of Community Policing and a SRO program, which will include:
· Programs intended to prevent and control delinquent and criminal behavior by youths;
· Follow-up of youth arrests;
· Coordinating and preparing court cases involving juvenile offenders;
· Diverting juvenile offenders out of the juvenile justice system and resolving cases on an informal basis; and
· Designing and implementing educational programs designed to offer education and alternatives to criminal activity to youth.
B. The responsibility for participating and supporting the agency's juvenile operations function is shared by all agency functions and personnel. (See also General Order 11.1.1 (C)(2)(d))
C. School Resource Officer 250
PURPOSE: The purpose of this Order is to provide guidance for the School Resource Officers (SROs) in the performance of his/her duties. The SROs will be assigned to increase police visibility and to initiate proactive intervention strategies in a collaborative effort with students, staff, parents and the community within the applicable Allegany County Schools and private schools located in the City of Cumberland.
POLICY: It is the policy of the Cumberland Police Department to deploy resources to provide a safe environment for students and employees at selected schools within the City of Cumberland.
ROLE AND RESPONSIBILITIES: SROs are first and foremost a law enforcement officer. This responsibility shall take precedence over any other duties. The SROs however, shall make every effort to ensure that his/her time is balanced to include law enforcement, teaching and counseling.
1. The SRO Program incorporates, at a minimum, the following:
a. Attempt to make the schools learning environment as safe as possible;
b. The SROs will act as a resource with respect to delinquency prevention;
c. The SROs will serve as a roll model to students; and,
d. The SROs will provide mentoring to students; and,
e. The SROs will explain the law enforcement role in society to students.
2. General Operation Guidelines
a. The SROs will primarily work Monday through Friday during the school year. The work schedule may fluctuate to meet the operational needs of the Police Department and the School System.
b. Officers assigned to the SRO function shall work in full uniform (to include portable radio) at their assigned schools, unless otherwise authorized by the Chief of Police or his designee.
c. All SROs are to remain on their assigned school campuses or adjacent properties unless excused for official police business or with approval of the SRO Supervisor.
d. SROs should notify Communications and school administratorswhen leaving the school grounds.
e. Shift Supervisors will make beat assignments when the schools are closed due to weather.
3. Law Enforcement Duties:
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a. The SROs shall be responsible for the preliminary investigation of all criminal incidents which occur on their campus during their duty hours. b. Supplemental reports assigned for follow-up shall be completed by the SRO in a timely manner.
4. Reporting Procedures:
a. Police response to emergency calls:
1) If unable to contact the SROs via School Administrative Radios, the school will call the City Emergency number for any emergency call.
2) If an SRO on-duty and available at the location of the incident, the SRO will be the primary responding officer.
3) If the SRO is on-duty, but not available, Communications will first attempt to contact another SRO. If that is not possible, the area patrol car will be dispatched.
b. The SROs shall notify the on-duty Shift Supervisor of any incidents which may have an impact in the surrounding school community to include, but not limited to:
1) Abduction;
2) Arson threats;
3) Assault (serious);
4) Breaking and entering;
5) Bomb threats;
6) Child abuse/sex offense;
7) Robbery;
8) Vehicle theft;
9) Potential for disturbance or fights;
5. School/Community Incidents Requiring Notification to an SRO:
a. All reports of incidents that occur on school property will be forwarded to the appropriate SRO, who will coordinate follow-up responsibility.
b. Any reports that could impact the school community should be forwarded to the appropriate SRO.
6. Notification Responsibility: Communication and cooperation must exist between all Departmental components in order to successfully manage criminal and non-criminal 252
incidents. This requires prompt notification to various components on a case-by-case basis.
a. The SROs will notify Communications, on the police radio, when going in service for the day.
b. The SROs shall notify the Deputy Chief of any extraordinary or unusual events or situations involving his/her schools.
7. Arrest: In certain situations, the SROs may be required to effect a physical arrest. This will be conducted consistent with Department policy and procedures. The school’s principal will be notified of any arrest on school property during school hours.
8. Search and Seizure:
a. The SROs will not initiate administrative searches of any area of the school system or of any student.
b. The SROs may assist the school system when they initiate a search as articulated in the Maryland Criminal Laws Annotated of:
“A principal, assistant principal, or authorized school security officer of a public school may make a reasonable search of a student on the school premises, or on a school-sponsored trip, if she/he has a reasonable belief that the student has in his possession an item, the possession of which is a criminal offense under the laws of this state, or has committed a violation of any other State law or a rule or regulation of the County Board of Education. The search must be made in the presence of a third party.”
“A principal, assistant principal, or authorized school security officer of a public school may make a search of the physical plant of the school and every other appurtenance including the lockers of students. The right of the school official to search the locker shall be announced or published previously in the school.”
c. The SROs may conduct searches of school premises or students on school premises consistent with constitutional guidelines if probable cause exists that criminal activity has occurred and that the student possesses items that relate to the commission of that crime.
9. Interviews:
a. The SROs may interview students on school premises in connection with a crime committed on the premises or in connection with an investigation which, if not immediately conducted, could compromise the success of that investigation or endanger the lives or safety of the students or other persons. A school official should be present throughout that questioning (COMAR 13A.08.01.13 State Board of Education).
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b. The SROs may attend interviews of students/faculty on school premises which are initiated by the school’s administration. Officers must be aware that information brought out in these interviews may relate to criminal offenses and in order to establish that the interview was non-custodial, an immediate arrest cannot be made.
c. All interrogations/interviews shall be conducted consistent with Departmental rules and regulations.
d. The SROs will ensure that timely notification is made to the student’s parent or guardian.
10. Information Dissemination:
a. The SROs shall be a source of information to the Department regarding criminal activity.
b. The SROs will exchange information with police officers when that information will support the law enforcement mission of the Cumberland Police Department.
c. The SROs will observe the rules of confidentiality as outlined in Maryland State Law 3-828:
Confidentiality: A Police Record concerning a child is confidential and shall be maintained separate from those of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown. This subsection does not prohibit access to and confidential use of the record by the Department of Juvenile Justice or in the investigation and prosecution of the child by any law enforcement agency.
A juvenile court record pertaining to a child is confidential and its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown. This subsection does not prohibit access to and the use of the court record in a proceeding in the court involving the child by personnel of the court, the State’s Attorney, counsel for the child, or authorized personnel of the Department of Justice.
11. Teaching and Instructional Duties:
a. All audio visual aids and lesson plans shall be approved, prior to use, by the appropriate school official and the Deputy Chief.
b. When teaching, the SRO may have the regular classroom teacher present.
12. Counseling Duties:
a. The SROs may provide informal counseling based on his/her expertise as a law enforcement professional.
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b. If further resources are needed to assist with a problem, the SROs may make a referral to a professional counselor, such as a school guidance counselor or other mental health professional.
c. The SROs will document significant incidents and forward a memo to the Deputy Chief detailing the contact and the referral to either school based or community based resources.
44.1.2 JUVENILE JUSTICE SYSTEM
A. The department shall maintain liaison with other elements of the juvenile justice system so that the other elements (courts, probation, etc.) can provide review and comment in the development of agency policies relating to juveniles.
44.1.3 DEFINITIONS
A. An adjudicated delinquent offender is a juvenile who has been charged with an offense that would be a crime if committed by an adult, who has been to juvenile court and adjudicated (allegations of a delinquent act sustained) and has been determined to be delinquent (in need of guidance, treatment, or rehabilitation) at a disposition hearing.
44.2 OPERATIONS
44.2.1 USING LEAST COERCIVE ALTERNATIVES
A. Officers dealing with juvenile offenders shall use the least coercive reasonable alternative, consistent with preserving public safety, order, and individual liberty, keeping in mind the following alternatives:
1. Releasing the offender with no further action, consistent with an officer's discretion, with the circumstances of the case, and only if this will not conflict with other directives or orders.
2. Releasing the offender to the custody of a parent and/or guardian with recommendation for Department of Juvenile Justice action.
a. Officers shall issue written citations or summonses if at all possible rather than taking juveniles into custody for traffic violations. Traffic citations must be consistent with Maryland Courts and Judicial Proceedings Section 3-804(e)(2).
b. Officers shall notify the parent/guardian of any juvenile cited for any criminal misdemeanor or felony and any serious traffic offense.
3. Recommending discipline consisting principally of supervision on a voluntary basis agreed to by the parents, including probation, contingent upon appointment(s) with the juvenile
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officer to explain the nature of the charges and the possibility of further action and/or probation, contingent upon completing a certain number of hours of community service.
a. Recommendations will normally be reviewed and/or approved in conjunction with the Maryland Department of Juvenile Justice, who may also recommend a more prolonged program of treatment on a voluntary basis.
4. Referral to the formal juvenile judicial process, which should be restricted to those cases involving serious criminal conduct or repeated criminal violations, including:
a. All delinquent acts which if committed by adult (Maryland Court and Judicial Proceedings Section 3-801(k)
b. Any offense involving a weapon;
c. All serious gang-related delinquent acts;
d. All acts involving aggravated assault;
e. All delinquent acts committed by juveniles on probation or parole or by those with a case pending;
f. All repeated delinquent acts within twelve months.
g. Cases originally set for diversion, but in which the juvenile refuses to participate.
h. Cases in which parental supervision is not adequate or effective to produce the desired results.
B. Any alternative must be agreed to by the juvenile, the guardian(s)/parent(s), the officer making the original contact, and the victim/complainant.
C. Diversion decisions relating to juvenile offenders shall include considering the nature of the offense; the age and circumstances of the alleged offender; the alleged offender's record, if any; and the availability of community based rehabilitation programs.
1. Diversion is essentially defined as keeping the juvenile removed from the formal criminal justice process by using alternatives.
2. Diversion is called for when legal proceedings against the juvenile would be inappropriate or when the use of other resources would be more effective.
3. Diversion should take into consideration any possible recommendation of the complainant or victim.
44.2.2 PROVISIONS FOR JUVENILE CUSTODY
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A. Juveniles shall not be placed in secure custody unless necessary. This should only be for delinquent offenses.
1. A juvenile offender cannot be held more than 6 hours in secure custody
2. Once a juvenile offender is removed from secure custody, they may not be placed back in secure custody
3. An adjudicated juvenile delinquent offender may be held up to six hours prior to a court appearance and up to six hours after a court appearance, provided that sight and sound separation is maintained. You may not securely hold an adjudicated juvenile delinquent offender for any other purpose.
B. Juveniles alleged to have engaged in non-criminal misbehavior (child in need of supervision), shall be released to a parent, guardian, or other responsible adult if at all practical, rather than placing the juvenile in shelter care, as provided in Maryland Courts and Judicial Proceedings Section 3-814(b).
C. A juvenile alleged to have been harmed or to be in danger of harm (child in need of assistance) shall be taken into custody, as provided by Maryland Courts and Judicial Proceedings Section 3- 814(a).
D. The constitutional rights of juveniles shall be protected.
1. Juveniles shall be advised of their constitutional rights and shall be provided the "Miranda" warning when applicable. (See General Orders 1.2.2, 1.2.4(H), 42.2.1(B), and 61.1.11(C)(1)) and Maryland Courts and Judicial Proceedings Section 3-821.
2. The parent or guardian of the juvenile should be contacted prior to questioning.
E. Juveniles who have been taken into custody shall be released to a parent or guardian at the scene or taken to the Cumberland Police Department for processing without delay, with the exception of a juvenile who requires emergency medical treatment.
F. The juvenile's parent(s) or guardian(s) shall be notified of the fact that they have been taken into custody.
44.2.3 CUSTODIAL INTERROGATION
A. Procedures for the custodial interrogation of a juvenile shall include the following provisions:
1. An officer shall confer with the parent(s) or guardian(s) of the juvenile, which conference may follow interrogation and/or may be conducted in privacy, away from the juvenile being interrogated.
2. The duration of a custodial interrogation shall be limited to one hour and shall be conducted by no more than two officers. 257
3. An officer shall explain agency and juvenile justice system procedures to the juvenile being interrogated.
B. A child, his parents, custodian, or guardians entitled to representation by legal counsel at all stages of the proceedings and if, as an indigent person, he is unable to employ counsel, to have counsel provided for him pursuant to Maryland Courts and Judicial Proceedings Section 3- 821.
44.2.4 SCHOOL LIAISON PROGRAM
A. The School Resource Officer shall be responsible for maintaining liaison with the schools and shall act as a resource with respect to delinquency prevention; to provide guidance on ethical issues in a classroom setting; to provide individual counseling to students; and to explain the role of law enforcement in society.
1. Any or all of these duties may be assigned to officers normally assigned outside the juvenile function.
44.2.5 RELATIONS WITH COMMUNITY RECREATION PROGRAMS
A. The agency may participate in community recreational youth programs by providing support services voluntarily and/or as requested by the City Parks and Recreation Department.
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CUMBERLAND POLICE DEPARTMENT
General Order #45 Subject: Community Relations Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
45.1.1 Crime Prevention Function 45.1.2 Crime Prevention Groups 45.1.3 Prevention Through Planning and Engineering 45.2.1 Community Relations 45.2.2 Community Relations Reports 45.2.3 Citizen Survey
45.1 CRIME PREVENTION
45.1.1 CRIME PREVENTION FUNCTION
A. The agency will be committed to the development and perpetuation of community crime prevention programs.
1. The philosophy of the Cumberland Police Department is to take a proactive approach to the prevention of crime.
2. The agency will familiarize its members with the specific approach and techniques it has chosen to adopt.
B. The crime prevention function will include:
1. Prioritizing and targeting specific types of crime and specific geographic areas, based on analysis of local crime data;
2. Targeting programs to address community perceptions or misperceptions of crime, particularly through the neighborhood groups.
3. Evaluating community relations programs semiannually, at a minimum.
a. Programs designed to meet community needs should be evaluated frequently to ensure that they do, in fact, address community concerns.
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C. The crime prevention function shall include the coordination of community oriented policing projects.
45.1.2 CRIME PREVENTION GROUPS
A. Crime prevention programs shall be prioritized and shall target specific types of crime and geographic areas based on an analysis of local crime data. (See G. O. 45.1.1)
1. The agency will promote crime prevention programs for all citizens and proprietors in areas targeted for such activity, which may be accomplished by conducting security surveys, by offering resources or suggestions to indelibly mark property, and by disseminating information on prevailing types of local crime.
B. The agency will assist in organizing crime prevention groups in residential areas targeted for such activity, as well as on request.
1. Neighborhood crime prevention groups should form the nucleus of any comprehensive crime prevention effort.
C. The Community Relations Liaison and patrol officers shall maintain liaison with interested community groups.
1. The Community Relations Liaison should incorporate in his/her plans and programs the interests of those in the community.
2. Officers should maintain contact with citizen groups, are encouraged to attend community meetings, and determine the interests and concerns of their particular area.
3. Personnel attending the meeting shall be responsible for filing a report after the meeting, which provides an overview of the meeting to the Community Relations Liaison and other personnel. (See G. O. 45.2.1)
45.1.3 PREVENTION THROUGH PLANNING & ENGINEERING
A. The agency shall provide crime prevention input into the development and/or revision of zoning policies, building codes, fire codes, and residential and commercial building permits.
1. The Chief of Police or his designee through participation in Staff meetings and Council meetings will provide Planning and Zoning with input which will enhance crime prevention efforts.
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45.2 COMMUNITY RELATIONS
45.2.1 COMMUNITY RELATIONS FUNCTION
A. The Cumberland Police Department is committed to establishing close ties with and responding to the needs of the community, subsequently, the agency's community relations function shall attempt to establish liaison with formal community organizations and other community groups by encouraging members of the department to become involved in these groups, by encouraging these groups to invite members to functions and make presentations, and by inviting these groups to become involved with this department.
1. The department will stay active in the community by maintaining liaison with formal community groups and organizations, including neighborhood civic associations, watch groups, and service clubs.
2. Involvement with the various civic groups will be governed by the following guidelines:
a. As soon as any member of the department is asked to participate in a meeting, they should obtain approval from the Deputy Chief and then notify the Community Relations Liaison. Date, time and subject matter should be discussed with the Community Relations Liaison.
b. The Community Relations Liaison will make a note of the date and time in an appropriate file and will note the personnel attending the meeting.
c. Personnel needing specific or specialized information or materials should request the materials well in advance of the meeting.
d. Personnel attending the meeting shall be responsible for filing a report after the meeting, which provides an overview of the meeting to the Community Relations Liaison.
B. The responsibility for achieving the department’s community relations objectives is shared by all agency personnel.
1. Because the conduct of each employee reflects on the department as a whole, the burden of achieving the department’s community relations objectives is shared by all personnel, with their full participation, enthusiasm, and skills.
2. Personnel who wish to schedule themselves to participate in talks or activities within the city must first obtain approval from the Deputy Chief, even if the activity will be conducted off duty.
a. Any personnel who are requested to or desire to represent the Cumberland Police Department at a function or meeting outside the city limits shall receive approval from the Deputy Chief before committing to the engagement and shall have approval granted by the agency having jurisdiction.
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3. Upon receipt for a request for an appearance by a Cumberland Police Department representative, which cannot first be filled by the Community Relations Liaison, the following process will occur:
a. The appropriate shift supervisor will be notified either in writing or in the department e- mail for the use of their personnel.
b. The supervisor will review the request and determine if staffing levels allow them to commit personnel.
c. The supervisor will acknowledge receipt of the notice, and indicate if officers can be committed.
1. If on-duty personnel cannot be used, the Deputy Chief will be consulted to determine if city overtime should be used to handle the event.
e. The Community Relations Liaison will be responsible for identifying and providing the necessary resources for the activity.
f. A minimum of fifteen days will normally be required for talks or other scheduled activities which require the use of personnel other than the Community Relations Liaison.
4. The Community Relations Liaison will brief the Deputy Chief and Chief of Police about upcoming community relation activities or events. Community Relations Liaison will be responsible for forwarding copies of news releases to the appropriate function for inclusion in their reporting process.
C. The policy of this department shall be to encourage members to become involved in community organizations, to work with community organizations in a cooperative manner in the interest of community relations and in the interest of creating a safer community, to encourage community groups and organizations to call upon this department and its members to make presentations, and to invite community groups and organizations and all members of the community to become involved with this department.
1. The department adopts community oriented policing as an organizational philosophy and will develop procedures to implement community oriented policing.
2. Implementation includes but is not limited to developing operational procedures, developing and/or revising policy statements which accurately reflect the philosophy and operational procedures, develop and/or enhance community relations and communication essential to the philosophy, and enhance communications and responsibilities within the Cumberland Police Department.
D. The agency will publicize objectives, problems, and successes as a part of an annual report and will utilize the media to keep the community informed about highlights during the course of the year.
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E. Agency members and particularly the Community Relations Liaison will be encouraged to convey information transmitted from citizens' organizations to the department.
1. Community input to assist in the development of law enforcement department policies may be obtained through the department community relations contacts with various community groups and by publishing requests for information or public opinion surveys in the local media.
2. The use of the Citizen’s Advisory Committee may also be utilized in the development of policies relating to how the department relates to the public.
F. The department will identify training needs through interviews with citizen representatives, especially by analyzing citizen complaints; through consultations with those involved in internal investigations, where complaints against an officer may indicate a failure in departmental policy; and conferences with supervisors, who may note deficiencies in an individual's training or may note a pattern among a number of members.
G. The department will attempt to establish community groups where such groups do not exist, including "crime watches" or other neighborhood organizations.
H. The Cumberland Police Department will be sensitive to improving department practices bearing on police-community relations.
1. Modifications in policy, procedure, and/or activity may need to be made in conjunction with input from the community, particularly in regard to correcting actions, practices, and attitudes that may contribute to community tensions and grievances.
2. The citizen’s ride along program is established to familiarize members of the community as well as other persons interested in the Cumberland Police Department. This includes friends or relatives of officers or members of the city administration, including legal staff. The following provisions and policy apply:
SUBJECT: Ride along policy for civilians.
I. PURPOSE: To establish a policy and procedure for allowing civilians to participate in a ride-along situation. This will allow the civilian to see first hand the environment law enforcement officers work in and learn about some of the policies and procedures that officers must adhere to.
II. POLICY: Consideration for the CPD Ride-Along Program will be given only to:
A. Criminal Justice college students enrolled in studies
B. Police applicants
C. Law Enforcement personnel and family members
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1. With the approval of the Deputy Chief
2. With a background check
3. With a signed Waiver of Release
D. Community organization leaders
1. Participants in the CPD Ride-Along Program must be at least eighteen (18) years of age.
2. Participants in the CPD Ride-Along Program must complete and sign a Waiver of Release before participating.
III. PROCEDURE: When the department is contacted by a civilian for a ride-along, the Operations Supervisor will be notified by e-mail. The e-mail will include the civilian’s name, address and date of birth. The department’s criminal file will be checked against the name.
A. If any criminal record is found, the request will be denied.
B. If approved, the shift supervisors will be notified and advised of the name of the civilian.
C. Unless the ride-along is for a college internship program, there will be the following time constraints.
1. The ride-along will be for no more than two (2) eight (8) hour periods each week.
2. The ride-along will be for no more than one (1) month per fiscal quarter.
D. If, at any time during the ride-along, any officer find justifiable cause to end the ride, the duty supervisor will be notified and the ride-along will be terminated. Just cause will be forwarded to the Operations Supervisor by e-mail.
E. The following provisions will also be followed:
1. Typically, Juveniles will not be permitted to ride
a. Only the Chief of Police has the authority to grant permission for responsible juveniles to participate in the program.
2. No more than one rider per shift will be approved
3. Riders will be instructed prior to riding that their activities will be strictly limited to observation
4. The Chief of Police shall maintain a file of ride along requests and waivers
5. In the event a pursuit ensues while a civilian is riding, the officer shall take the following actions. 264
1). Pursuit will only be initiated in compliance with guidelines in General Order 41.2.2.
2). If at all possible, the pursuit will be turned over to another unit.
3). If the pursuit cannot be turned over to another unit, the civilian rider will be left at the most readily available safe location and the officer will ensure that a non- involved unit is notified of the location for pick up of the rider as soon as practical.
45.2.2 COMMUNITY RELATIONS REPORTS
A. The Community Relations Liaison will prepare a monthly report to the Chief of Police which includes, at a minimum:
1. A description of current concerns voiced by the community;
2. A description of potential problems that have a bearing on law enforcement activities within the community; and
3. A statement of recommended actions that address previously identified concerns and problems.
45.2.3 CITIZEN SURVEY
A. This department will conduct a random survey of citizen's responses to calls for service and a random survey of persons who have been cited and/or arrested by members of this agency.
B. The Cumberland Police Department encourages the public to provide input through community meetings, through the Community Relations Liaison, and through other events and meetings to discuss concerns about safety and security, employee demeanor, policy and procedure, and other recommendations suggestions for improvements in the quality of service provided by this department.
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Cumberland Police Department
General Order #46 Subject: Unusual Occurrences and Special Operations Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
46.1.1 Active Shooter 46.2.2 Emergency Response Team Selection 46.2.3 Emergency Response Team Equipment 46.2.4 Hostage Negotiator
46.1 UNUSUAL OCCURRENCES
46.1.1 ACTIVE SHOOTER
Subject: Active Shooter Incident Policy
I. Statement of Policy
It is the policy of the Cumberland Police Department to protect life by any legal means necessary. Officers responding to an active shooter incident shall accomplish this goal by immediately using any legal means at their disposal to make contact with the active shooter and neutralize him.
The philosophy driving this policy recognizes that the active shooter must be neutralized before he can cause the loss of more innocent lives. This shall be the duty and responsibility of the initial responding officers, and they shall use all legal means to accomplish it. The prioritization of activities, in their order of importance is:
1. Neutralize the active shooter
2. Rescue the victims
3. Provide medical assistance
4. Preserve the crime scene
While it is important to provide medical treatment to the wounded, it is our duty as law enforcement officers to first protect all innocent life by stopping the actions of the active shooter. 267
II. Definitions
A. Active Shooter - One or more subjects who participate in a random or systematic shooting spree, demonstrating their intent to continuously harm others. Their overriding object appears to be that of mass murder, rather than other criminal conduct such as robbery, hostage taking, etc.
B. For purposes of this policy, the term “active shooter” will also include anyone who uses any other deadly weapon (knife, club, bow and arrow, explosives, etc) to systematically or randomly inflict death or great bodily harm on people.
III. Legalities
Maryland State Statute and CPD Policy provide that an officer may use deadly force: To protect his own life or that of another.
To prevent the escape of one who has committed or attempted to commit a forcible felony which involves the infliction or threatened infliction of great bodily harm or is attempting to escape by use of a deadly weapon or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.
The Law regarding the use of deadly force remains the same in an active shooter incident. However, an active shooter is engaged in a continuing forcible felony, and the time frame for the use of deadly force against him continues until the suspect discards his weapons and surrenders or is incapacitated.
IV. Suppressive Fire
Suppressive fire towards the active shooter may be necessary, especially if he has gained an advantage by height or barricade. Suppressive fire towards the position of an active shooter is permissible, as long as it appears that no innocent victims are in the line of fire.
V. Equipment
All members of the department CERT team shall carry their assigned weapons and gear in their squad car if available. Lieutenants and Sergeants will carry shotguns with slug ammunition in their squad car. Patrol Supervisors will carry in their squad car, a .223 caliber Colt AR-15 carbine. Issuance of these weapons will be phased in over the next 3 years, with day shift officers being equipped first. All officers must be trained and range qualified with the AR-15 before carrying on duty.
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VI. Training
A. The training officer shall research and implement suitable tactical training for:
1. Room entry techniques with handgun and rifle
2. Building clearing techniques with handgun and rifle
3. Victim rescue techniques
4. Recognition of explosives and improvised explosive devices
B. The training officer shall also arrange for AR-15 familiarization class
C. The Range Officer shall devise a qualification course of fire for the AR-15 rifle.
VII. Procedure
All enforcement personnel who are not on an emergency call shall respond to the scene of an active shooter incident.
A. Contact Team- The first responding officers, up to four, shall form a contact team and go in immediate pursuit of the active shooter. The focus is to make contact as soon as possible and stop the active shooter by arrest, containment, or if necessary by the use of deadly force. The team will be subject to 360 degree vulnerability and will not do a thorough clearing. They will continue on past victims or harmless distractions. The location of victims may be relayed to the rescue team.
B. Rescue Team- The second set of 4 officers arriving on the scene will form a rescue team, which will locate and remove injured victims, and direct uninjured victims out of the building. Rescue team members should remember that uninjured victims may nonetheless be in shock, or paralyzed with fear, and not respond to regular verbal commands. Rescue team members are to remain constantly vigilant as the rapidly changing dynamics of the incident may put them in contact with the suspect and they will be subject to 360-degree vulnerability.
1 If a CERT team member is on either the contact team or the rescue team, he will assume the role of team leader.
2 If either team encounters a suspected explosive device, they must use their own judgment reference to posting an officer near it, or reporting, marking and bypassing it.
3. Officers should make entry at a location other than the main entrance, if possible, as this is the place where a suspect might logically set up barricades, explosives, or an ambush.
4 All personnel are to restrict their use of the radio for emergency traffic only.
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C. Incident Command
1. The first command officer on the scene, who is not part of a contact or rescue team, will be the incident commander, and will establish a command post, in his squad car if necessary. He shall:
a. Choose a safe staging area for arriving personnel
b. Order the dispatcher to initiate the notification matrix
c. Form additional contact and rescue teams, as necessary
d. Call for mutual aid from other agencies, as necessary
e. Appoint a media relations officer and group the media in a safe location. This is very important as live news coverage may compromise the safety of officers, victims and by-standers.
2. Arrange a safe staging area for medical units and treatment of the injured
3. Post additional responding officers to guard crime scenes
4. Call for investigators, crime lab, and any other resources at his disposal to bring the incident to a conclusion.
5. If the suspect is arrested or incapacitated, regular agency procedure will be followed regarding the investigation and evidence preservation; the Investigation Supervisor will be in charge of the investigation.
6. If the contact team contains the suspect, the CERT/Tactical team will relieve them, and negotiators will be used to try and affect surrender. Department policy regarding hostage, barricaded gunman, and terrorist incidents will be followed.
VIII. Counseling
All enforcement personnel involved in a deadly force encounter must attend at least one counseling session with a qualified counseling professional of the Department’s choosing. Personnel may also be directed to counseling if mass carnage in encountered, even if deadly force is not used. No report on the session will be made back to the Department, except to verify attendance.
46.2.2 Cumberland Emergency Response Team Selection
I. Purpose
To establish an acceptable standard and consistent process for the selection of future Cumberland Emergency Response Team (C.E.R.T.) applicants. II. Policy 270
It is the policy of the Cumberland Police Department to obtain the most suitable personnel for the C.E.R.T. Team. Opportunity to join the C.E.R.T. team will be provided to all Cumberland Police personnel without regard to race, creed, gender, age, color, national origin, marital status, sexual orientation, or physical or mental disability.
III. Objectives
To select the most qualified and competent individual for a position with C.E.R.T..
IV. Procedure
A. The C.E.R.T. Team Commander will submit a written request to the Chief of Police and Deputy Chief requesting authorization to fill the vacancies that exist or to request additional manpower to be assigned to the team in order to fulfill and complete the team’s mission.
B. Upon receiving approval, the Team Commander will post and announce the vacancy allowing personnel sufficient time to respond, no less than 2 weeks, in order to generate a list of candidates.
C. Once a list of interested candidates has been generated an informational meeting will be held for these officers by the Team Commander.
a. During this meeting the candidates will receive an overall view of the team and its functions as well as the demands that are placed on team members.
b. A job function list will be distributed along with an exercise booklet to help prospective candidates prepare for the required entry level training for tactical officers.
c. A medical history and information packet will be distributed with instructions on when the packet is to be completed and submitted.
d. The candidates will also be given a written copy of the physical agility test which must be successfully completed prior to acceptance to the recommended tactical school conducted by the Maryland State Police tactical unit known as the S.T.A.T.E. Team.
D. Once a candidate has been given ample opportunity to prepare for the physical agility test, otherwise known as a functional fitness and job simulation test, the test will be scheduled. The test will be conducted in the presence of a S.T.A.T.E. team member as well as the Team Commander. The test consists of
a. a 1 ½ mile run,
b. rope climb of 10 feet with an additional 25 pounds attached,
c. 62 sit-ups, 271
d. 30 push-ups,
e. 2 pull-ups with an additional 25 pounds attached,
f. 6 (six) foot wall climb with additional 25 pounds attached, and
g. a stair climb of four flights with the additional 25 pounds attached.
h. The test must be completed in 22 minutes or less to satisfactorily pass this portion of the process.
E. Upon completion of the physical agility test the Team Commander and the Team Leader will review the candidate’s personnel file as well as interview the respective supervisors of the candidates. The candidate themselves will then be interviewed and a final determination will be made.
F. Upon being selected as a probationary team member this individual must then complete the basic tactical officers’ school which is directed and instructed by the Maryland State Police tactical unit known as the S.T.A.T.E. Team.
a. The school is three weeks in length and is very demanding, testing the individuals along the way.
b. During the school the Team Commander or his designee will meet with the school instructors to discuss the candidate’s physical and mental ability, determination, and competence.
c. Upon satisfactory completion of the school the candidate is then placed on the team to receive further instruction and on the job training to enhance his ability as a team member.
46.2.3 Tactical Team Equipment
I. Purpose To ensure that all tactical officers assigned to C.E.R.T. are equipped with the necessary protective gear, tools, and weapons to complete the mission of the team.
II. Policy It is the policy of the Cumberland Police Department to obtain and distribute the necessary protective gear, tools, and weapons so that each team member is protected as well as having the resources to complete the mission tasked with.
III. Objectives To ensure all team members are equipped with the necessary protective gear, tools, and weapons to complete that tasks assigned safely and effectively.
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IV. Procedure A. Officers attending the basic tactical officer’s school will receive the necessary gear and equipment to be used during the school. Upon completing the school the officers will then be issued the necessary gear which will be signed for with the sheet being kept on file in the CERT office. Some of the assigned gear will include the following:
1. AR-15 with 2 20 round magazines and 2 30 round magazines,
2. AR-15 cleaning kit and case,
3. Level III Paca Tactical Vest with assorted pouches,
4. Kevlar helmet,
5. duty rig with equipment cases and holders,
6. equipment bags,
7. gas mask,
8. ear mic system,
9. night vision, and
10. rappel gear.
B. If a team member has been trained and assigned to the position as sniper, additional equipment will be assigned for that specific duty. Some of this equipment includes:
1. Remington 700 rifle
2. scope,
3. crown cover,
4. cheek pad,
5. cleaning kit,
6. perimeter bag, and
7. ghille suit.
C. All equipment will be inspected and accounted for on an annual basis.
D. If any equipment is found to be broken or defective at any time during the year the team member is to notify the Team Commander immediately so that the equipment can be repaired or replaced as soon as possible.
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E. All weapons are inspected by the range master during firearms training, to include qualifications, to ensure cleanliness and the integrity of the weapon.
F. When a team member leaves the team, all equipment will be inspected and checked off by the Team Commander for accountability. This equipment will then be re-issued to fill any needs or be reassigned to any new members joining the team as long as it is in good working condition.
46.2.4 Hostage Negotiators
I. Purpose To establish acceptable standards and a consistent process for the selection of future hostage negotiators.
II. Policy It is the policy of the Cumberland Police Department to obtain the most suitable personnel for the position of hostage negotiator. Opportunity to become a hostage negotiator will be provided to all Cumberland Police personnel without regard to race, creed, gender, age, color, national origin, marital status, sexual orientation, or physical or mental disability.
III. Objectives To select the most qualified and competent individual for a position as a hostage negotiator.
IV. Procedure
A. CERT Team Commander will submit a written request to the Chief of Police requesting authorization to fill any vacancies for the position of hostage negotiator.
B. Upon receiving approval the team commander will post and/or announce the opening allowing interested officer’s sufficient time, no less than 2 weeks, to respond.
C. Once a list of all interested officers has been generated an informational meeting will be held for these officers by the Team Commander and the Lead Negotiator.
1. The candidates will be provided with information about the position as well as the demands placed on an officer who holds this position.
D. The Team Commander and Lead Negotiator will then conduct interviews shortly after the informational meeting.
1. The interviews will determine experience levels as well as place the candidate in various scenarios to determine ability.
2. The Team Commander and Lead Negotiator will then review the candidate’s personnel file and interview the respective supervisors of the candidates for further insight.
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E. Once an officer is selected that person will attended a recommended or sponsored Hostage Negotiators Training by the Maryland Police and Correction Training Commission.
F. Once the trainee has completed the instructional training the individual will be assigned to work alongside the Lead Negotiator for a period of no less then 6 months and no longer than 18 months for incident handling.
1. Length of time will be determined by number of incidents that are handled by the negotiator and their progression.
G. Once the training period has reached the 18 month mark if trainee has not been promoted to negotiator then a recommendation by the Lead Negotiator will be made to continue with further training, possibly due to lack of incidents, or to terminate due to poor performance at incidents handled.
H. If the Lead Negotiator makes a recommendation during the training period to promote the trainee to negotiator then a final interview will be conducted to inform the trainee of his status change at that time.
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Cumberland Police Department General Order #51 Subject: Criminal Intelligence Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
51.1.1 Intelligence Function 51.1.2 Safeguarding Intelligence Information
51.1 ADMINISTRATION
51.1.1 INTELLIGENCE FUNCTION
A. Intelligence activities of the Cumberland Police Department shall include information gathering, analysis, and dissemination to the proper units.
1. All units are encouraged to gather information and relay this information via intelligence reports or the department computer e-mail to the appropriate section via channels.
2. Information analysis shall formally be the duty of the Combined County Criminal Investigation Unit, although other officers/sections may become involved.
a. It is incumbent upon all officers to relay information that is for “officer safety”.
b. It is not necessary for any officer to obtain permission to pass on intelligence which may help another officer’s investigation.
3. Dissemination of information will primarily be the responsibility of the Combined County Criminal Investigation Unit, through their role in information analysis.
4. In cases where information could have a timely impact on this agency or other agencies, the information shall be relayed through channels as soon as practical to the Combined County Criminal Investigation Unit and shall, if applicable, be relayed to affected agencies as soon as possible.
B. Information that is collected shall be limited to criminal conduct and relate to activities that present a threat to the community.
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1. The Combined County Criminal Investigation Unit shall destroy information which does not meet these criteria.
C. Information to be included in the intelligence effort shall be related to the detection or prevention of crime, organized criminal activity, vice, or potential crime areas.
1. Information dealing with business or personal dealings, unless specifically related to criminal activity, shall not be included in the files.
2. Information shall not be obtained illegally.
D. Information will normally be referred to a case file, pending investigation.
1. Information not contained in case files shall be reviewed annually for the purpose of updating or purging files.
E. The utilization of intelligence personnel, equipment, and techniques shall be at the direction of the Combined County Criminal Investigation Unit Supervisor.
51.1.2 SAFEGUARDING INTELLIGENCE INFORMATION
A. The Cumberland Police Department will adopt appropriate measures to safeguard intelligence information.
1. Intelligence records will be maintained under the control of the Combined County Criminal Investigation Unit Administrative Supervisor and stored in a secure area in the Combined County Criminal Investigation Unit Administrative Supervisor’s office.
2. Access to intelligence records should be limited to individuals approved by the Chief of Police.
B. Information contained in intelligence files will have access limited to department personnel on a "need to know" and a "right to know" basis.
1. No information will be disseminated from these files unless the access officer or the Chief of Police is present.
2. "Right to know" is defined as any law enforcement agency in the lawful pursuit of a criminal investigation.
3. "Need to know" is defined as any law enforcement agency in the lawful pursuit of a criminal investigation; any law enforcement agency preparing an assessment of criminal activity where this information is required; or any law enforcement agency developing an analytical product pertaining to strategic or tactical analysis.
4. Any breach of security in these or other agency files by a departmental employee will result in disciplinary action and may result in termination.
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C. Entries to the files are limited to subjects about whom there is a reasonable suspicion of criminal activity.
1. Requisite back-up information on each entry is maintained in this file or in other departmental files.
2. All entries must include indications of the reliability of the information/informant.
3. Information on a subject's business, political, social, religious, or fraternal associations will not be included in the file unless that association is believed to be criminal in nature.
4. All entries should include indications of the sensitivity of the information.
5. Illegally obtained information is prohibited from inclusion in this file.
D. Dissemination of information from these files will be noted on the reverse side of the entry card, to include the date, time, agency to whom the information was released, and the reason for the request.
1. Dissemination will be limited to law enforcement officers with the "need to know" and/or the "right to know".
2. Dissemination will be limited to effected law enforcement agencies with the "need to know" and/or the "right to know".
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Cumberland Police Department
General Order #52 Subject: Professional Standards Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
52.1.1 Investigation of Complaints 52.1.2 Authority and Responsibility 52.1.3 Notifying Chief of Complaints 52.1.4 Time Limits for Internal Investigations 52.1.5 Status of Complaints 52.1.6 Statement of Allegation and Employee Rights 52.1.7 Other Examinations 52.1.8 Relieving an Employee from Duty 52.1.9 “Conclusion of Fact” Concerning Misconduct 52.1.10 Records of Complaints 52.1.11 Annual Statistical Summary of Complaints 52.1.12 Public Information for Filing Complaints
52.1 ADMINISTRATIVE AND OPERATIONAL PROCEDURES
52.1.1 INVESTIGATION OF COMPLAINTS
A. A professional standards will record, register, and control the investigation of complaints against officers; will supervise and control the investigation of alleged or suspected misconduct within the agency; and will maintain the confidentiality of the internal affairs investigation and records.
1. The Chief of Police or his designee shall serve as the professional standards function on an “as needed” basis.
B. It shall be the policy and goal of the agency to investigate and promptly make findings concerning all allegations of employee misconduct.
1. All reports against the agency or its members should be investigated to ensure the agency's integrity.
2. An appropriate investigation of all complaints, including anonymous complaints, against the agency or its employees will be conducted. 281
3. Occasional malicious and deliberate false accusations are made against the agency or its employees, which will be investigated to protect the integrity of the agency or the employee, thereby instilling confidence in the agency.
4. In some cases, the extent of investigations may be limited to substantiating the falsity of the accusations.
C. Although line supervisors may forward complaints and information regarding complaints to the Deputy Chief, line supervisors will normally investigate minor complaints.
1. The results of their investigation should be forwarded to the Deputy Chief for review and analysis.
2. Line supervisors will not normally investigate serious complaints, such as those which would result in a prolonged suspension or are criminal in nature, unless ordered to do so by the Chief of Police or his designee.
D. Complaints of a more serious nature may be informally investigated by the Deputy Chief.
1. An informal inquiry may lead to findings by the Deputy Chief or may lead to a formal investigation.
2. The Deputy Chief may direct that a formal investigation be conducted without first conducting an informal investigation.
E. Complaints of a criminal nature or those that would potentially result in an extended suspension may be formally investigated an outside agency.
1. The Maryland State Police may be requested to conduct a formal investigation.
F. The Chief of Police or his designee shall review all complaints.
52.1.2 AUTHORITY AND RESPONSIBILITY
A. The Chief of Police will be directly responsible for the Professional Standards function, but may direct another officer(s) to conduct all or part of actual investigation, who shall report their findings directly to the Chief of Police.
52.1.3 NOTIFYING CHIEF OF POLICE OF COMPLAINTS
A. The Chief of Police and/or his designee assigned to the Professional Standards Component shall be immediately notified of complaints of a criminal nature or those that would potentially result in an extended suspension. (See General Order 52.1.1)
B. The Chief of Police shall be informed as soon as practical of investigations of a lesser nature. (See General Order 52.1.1) 282
52.1.4 TIME LIMITS FOR INTERNAL INVESTIGATIONS
A. There shall be a sixty day time limit for completing professional standards investigations.
1. Extensions may only be granted by the Chief of Police in cases in which extenuating circumstances exist, which shall be documented in the granting of the extension.
B. Status reports shall be forwarded to the Chief of Police on a periodic basis.
52.1.5 STATUS OF COMPLAINTS
A. The agency will provide a written verification to complainants that the complaint has been received for processing.
1. Verification should be provided in the form of a receipt to acknowledge the complainant has been furnished verification.
2. A copy of the investigative process should accompany the written verification.
3. This standard does not apply to anonymous complaints.
B. The agency will notify the complainant concerning the status of complaints against the agency or employees.
1. The status will be communicated any time there is a change in status and at the end of the investigation.
2. The status of investigations should be communicated periodically during the investigation.
C. The agency will notify the complainant of the results of the investigation upon conclusion.
1. The notice shall only indicate the outcome of the investigation, e.g. whether or not the complaint was considered justified, if the complaint resulted in a review of policy, etc., but shall not reflect the nature or extent of any personnel actions. (See General Order 52.1.9)
52.1.6 STATEMENT OF ALLEGATION AND EMPLOYEE RIGHTS
A. Whenever an employee becomes the subject of an internal investigation, the employee shall receive a written statement of the allegations and the employee's rights and responsibilities relative to the investigation, which are specifically outlined in the "Law Enforcement Officers' Bill of Rights".
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B. Notification to an employee that he is the subject of an internal investigation is in compliance with the Public Saftey Title , subtitle 1 sections 3-101 thru 3-113, "Law Enforcement Officers' Bill of Rights".
52.1.7 OTHER EXAMINATIONS
A. Medical and/or laboratory examinations may be administered in conducting internal affairs investigations.
1. Medical exams may be required of an employee, the results of which shall be reported to the agency. (See General Order 22.3.1)
2. Psychological/psychiatric examinations may be required of an employee, the results of which, in terms of fitness for employment, shall be reported to the agency. (See General Order 1.3.8)
3. Laboratory examinations or blood, breath, or urine analysis may be required of an employee if he/she is accused or suspected of being under the influence of alcohol and/or a controlled substance while on duty or while performing under color of law while off duty.
a. Employees who are accused or suspected of alcohol or drug use which would constitute a criminal offense shall be entitled to the same rights as any other citizen charged with a criminal offense.
B. Photographs of employees may be taken or file photographs of employees may be used in the course of an internal affairs investigation.
1. If photographs are used in cases of an employee accused of a criminal offense, the rights of the accused shall govern the use of the photographs.
C. Employees will only be directed to participate in a line-up as a part of a criminal investigation, subject to legal evidentiary requirements and rights of any suspect, but shall not be directed to participate in a line-up for strictly professional standards investigations.
D. Employees shall not be required to submit financial disclosure statements as part of internal affairs investigations.
E. In the course of an investigation, an employee may be given a polygraph examination. The admissibility of the results of such an examination in any subsequent criminal proceeding shall be determined by the court. If disciplinary action is taken in lieu of the filing of criminal charges the results of the polygraph examination shall not be considered at any review of such disciplinary action.
52.1.8 RELIEVING AN EMPLOYEE FROM DUTY
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A. An employee may be relieved from duty pending investigation under the following circumstances.
1. If a supervisor or command officer believes that the integrity or best interest of the department requires an immediate suspension of a member due to the seriousness, particular circumstances, or possible criminal involvement of an offense, that officer may do so.
a. The suspended member and the officer ordering the suspension shall be required to report to the office of the Chief of Police within twenty-four (24) hours, unless otherwise directed by the Chief.
b. Upon hearing the facts of the case, the Chief of Police shall take whatever actions he deems necessary.
c. An employee will be compensated during emergency suspension during any time the employee is relieved from duty prior to a predisciplinary conference.
d. If the emergency suspension is deemed unjustified, the member shall be compensated for the lost time. (See General Order 26.1.4 D 4)
2. The prerogative to issue oral reprimands and written reprimands is solely within the Departmental Chain of Command.
a. Where there is reason to believe that an employee is guilty of an offense which might lead to suspension, reduction in pay or rank, or removal, the Chief has the responsibility to prefer charges and the proposed penalty against the employee.
3. Immediate supervisors may issue oral and written reprimands and may, in cases of severe infractions, impose emergency suspensions. (See General Order 26.1.5 (D) and 26.1.4 (D))
4. Immediate supervisors may forward other disciplinary reports in writing through channels recommending suspensions or other disciplinary actions, which shall be reviewed by the Chief of Police. (See General Order 26.1.5 (D) and 26.1.4 (D))
52.1.9 "CONCLUSION OF FACT" CONCERNING MISCONDUCT
A. Any allegation of misconduct shall contain a conclusion of facts which includes what constituted the allegation of misconduct (the act or error in question).
B. A conclusion of fact shall result in a finding as follows:
1. Sustained -- The allegation is true and the actions of the department or the member or employee was inconsistent with policy and the complainant suffered harm.
2. Not Sustained -- There is insufficient evidence to confirm or refute the allegation.
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52.1.10 RECORDS OF COMPLAINTS
A. The agency will maintain a record of all complaints against the agency or its employees.
1. Complaints received by the agency shall be coded by a sequential numbering system.
B. Records pertaining to current or ongoing professional standards investigations will be maintained in a secure area by the Operations Commander.
1. Completed complaints and investigations will be maintained in a secure area by the Operations Commander.
52.1.11 ANNUAL STATISTICAL SUMMARY OF COMPLAINTS
A. The agency will publish an annual statistical summary, based on the records of internal affairs investigations, for dissemination to the public and to agency employees.
1. This summary will be included as a portion of the agency's annual report, which will be available to the public.
52.1.12 PUBLIC INFORMATION FOR FILING COMPLAINTS
A. The agency will disseminate information to the public on procedures to be followed in registering complaints against the agency or its employees.
1. Copies of the complaint procedure and investigative process will be made available by the agency.
2. Persons who make inquiries about complaints should be given or mailed a copy of the complaint procedure and the investigative process.
3. All employees of the agency will be given copies of applicable standards and procedures.
B. The complaint form used by this agency will include internal complaint and disciplinary action processes as well as complaints by private citizens.
1. The form has been designed to document all investigations and disciplinary action processes in a more formal manner for any type of complaint.
2. Upon initial contact, any civilian employee approached by a citizen complainant shall ascertain the complainant’s name, address and phone number.
a. The complainant shall speak to a supervisor prior to taking any action.
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b. Civilian personnel are not, under any circumstances, to take complaints. ALL complaints will be referred to the supervisor on duty.
3. In the case of an internally generated complaint, the complainant should first attempt to speak with the supervisor of the employee about whom he/she wishes to file a complaint.
a. If no satisfaction is reached at this very informal level, the complainant should fill out the complaint form and forward to this same supervisor.
b. The supervisor will, as with citizen complaints, be responsible for initiating the investigation of the complaint.
c. If the complaint is of a criminal nature and/or may result in suspension, the supervisor should forward the complaint through the departmental chain of command to the office of the Chief of Police so the complaint can be handled through internal affairs.
4. In the case of disciplinary issues, the supervisor initiating discipline should document the facts and circumstances on this form, which will act as documentation of the background, investigation, and result(s) of the investigatory/disciplinary process.
a. All disciplinary investigations resulting in a written reprimand or greater should be forwarded through the departmental chain of command for processing.
5. This formal process of documentation is meant to ensure the rights of all parties involved and to ensure that full and complete investigations and documentation of all phases of investigations and discipline are completed.
a. Records of investigations will be handled as otherwise specified in General Orders.
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Cumberland Police Department
General Order #53 Subject: Inspectional Services Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
53.1.1 Line Inspections 53.2.1 Staff Inspections
53.1 LINE INSPECTIONS
53.1.1 LINE INSPECTIONS
A. Supervisory personnel shall be responsible for routine inspections of their subordinates.
1. Supervisory personnel shall inspect personnel for uniform appearance/compliance with dress code, personal appearance, and condition of equipment and uniforms. (See 26.1.1 (C))
2. Patrol Section officers shall be inspected by the officer in charge of the shift and/or the Operations Commander.
3. Officers of the Cumberland Police Department assigned to the Combined County Criminal Investigation Unit shall be inspected by the Criminal Investigation Supervisor.
4. Shift Commanders shall be inspected by the Deputy Chief.
5. Personnel assigned to Administration Division shall be inspected by the Administrative Commander.
B. Informal inspections shall be conducted on a daily basis, while formal inspections shall be conducted on an announced basis at least every six months.
1. Each member shall present all their issued uniforms and equipment for the current season at the formal inspection to ensure that officers have the required property and that the property is properly maintained.
2. Formal inspections shall be conducted within two weeks of the change of uniforms. (See 26.1.1 (C))
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C. It shall be the responsibility of the supervisor at each level to conduct inspections and to correct conditions discovered by the inspection.
1. Corrective actions may include disciplinary measures.
D. All formal inspections and any informal inspections which result in recommended corrective action shall require written reports, which shall be forwarded to the Deputy Chief then to the Chief of Police.
1. Inspection records shall be reviewed and then placed in file for use in employee evaluations.
E. A supervisor who recommends corrective action shall follow-up the inspection to ensure corrective action has been taken.
F. Supervisors shall be responsible for a daily inspection of all organizational components, facilities, property, equipment, activities, and personnel.
1. Supervisors in charge of an organizational component shall conduct routine inspections of the component.
2. Supervisors shall conduct daily inspections of the facility and shall report any deficiencies to the appropriate Commander.
3. Supervisors shall conduct daily inspections of the property and shall report any deficiencies to the Deputy Chief.
4. Officers shall conduct daily inspections of their assigned vehicles and equipment at the beginning of each shift and shall report any deficiencies on a "Vehicle Maintenance Report" and shall notify the supervisor of the deficiencies.
a. Supervisors shall periodically inspect their subordinate’s vehicles and equipment to ensure that it is has required equipment;
1) no dangerous or unauthorized equipment; and
2) operational emergency equipment.
5. Supervisors shall be responsible for inspecting activities to ensure compliance with directives.
6. Supervisors shall be responsible for inspecting personnel as outlined previously.
7. The Chief of Police may conduct inspections of components, facilities, property, equipment, activities, or personnel as he deems necessary.
G. To ensure that every "front line" police vehicle is clean, in good operational condition and properly equipped, a formalized monthly vehicle inspection will be conducted.
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1. The responsibility for conducting these inspections will be assigned to the vehicle maintenance officer.
2. On a monthly basis, a vehicle inspection will be completed on every front line vehicle.
3. Using the Vehicle Maintenance Report, the assigned officer will inspect the following:
· Exterior
· Interior
· Trunk
· Emergency Equipment
· Mechanical
4. The officer will document the condition and note any deficiencies.
5. The officer conducting the vehicle inspection will forward the Vehicle Maintenance Report to the Fleet Manager.
6. The officer assigned this inspection duty will not perform any maintenance or repairs on vehicles nor will any inspection occur at the department that requires the utilization of garage or mechanical facilities at the City's Maintenance Complex.
7. The inspections are designed solely as an inventory and control mechanism to ensure our entire fleet of front line vehicles are properly equipped and present an appearance consistent with community expectations.
53.2 STAFF INSPECTIONS
53.2.1 STAFF INSPECTIONS
I. INTRODUCTION
Staff inspections or internal audits provide a systematic, objective review of facilities, property, equipment, personnel administration, and operational activities outside the normal supervisory and line inspection procedures.
II. PURPOSE
The purpose of this directive is to establish guidelines for the coordination of staff inspections and internal audits.
III. POLICY
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The focus throughout an inspection/audit is on procedures, effects and issues; not on persons or personalities. For this reason, all facts, findings and recommendations will be directed toward improving the efficiency and effectiveness of the department.
An inspection or audit requires openness and cooperation of all persons involved. Identification of the inspection process with an internal investigation or discipline is counterproductive. Those conducting inspections shall actively solicit comments and suggestions from those persons working in the unit being inspected or audited. Unit members so involved will more readily accept the inspection team's recommendation.
IV. DEFINITIONS
A. Line Inspection. An inspection carried out by the supervisor in charge of the personnel, equipment, facilities, or procedures being inspected. The supervisor in a line inspection is responsible for ensuring that any substandard conditions are corrected.
B. Staff Inspection. A review of facilities, property, equipment, personnel administration and operational activities of an organizational component; conducted by personnel who are generally assigned from outside the component.
C. Internal Audit. Designed to examine the use cash funds. The internal audit may be a distinct separate function or part of a staff inspection.
IV. INSPECTIONS / AUDITS GENERALLY
Staff Inspections and audits shall be conducted by Supervisors under the direction of the Deputy Chief of Police.
The Supervisors shall conduct inspections and audits of the various areas of operation within the department for the following purposes:
A. To ensure policies, procedures and directives of the department are understood and adhered to and are effective in achieving organizational objectives.
B. To provide information concerning the quality and effectiveness of the services delivered.
C. To provide detailed information about whether resources are adequate for achieving the goals and objectives of the department.
D. To provide information on whether resources are being used properly and in the most effective and efficient manner possible.
E. To reveal the existence of a specific need or requirement for change.
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F. To review delegated responsibilities through observation determining if orders and instructions have been carried out in an effective, satisfactory manner.
G. To ensure all necessary reports, reviews, and activities mandated by applicable accreditation standards are accomplished.
VI. PROCEDURES
A. Inspection Request.
1. Any member of the department can request an inspection or audit of an organizational component or function. The request must be in writing and normally will be routed through the chain of command.
2. The Chief of Police will approve the request prior to the inspection.
B. Pre-Inspection Notification.
1. Written notice of a staff inspection or staff audit shall be sent through the proper chain of command to the organizational component/function supervisor at least three weeks prior to inspection.
2. The notice shall indicate the nature of the inspection and may include a specific request for desired action, questions to be answered, documents to be produced or other activities necessary to complete the inspection.
3. Written notice of an inspection may be suspended at the discretion of the Chief of Police.
C. Staff Inspection Team.
1. When appropriate, an Inspection Team may be formed. The number of inspectors required to conduct an inspection or audit will vary. The team will minimally consist of the Deputy Chief and the necessary adjunct staff. In some instances civilian volunteers may be used. The team will be supervised by the Deputy Chief.
2. All assignments to the inspection team shall be approved by the Chief of Police.
3. The inspection team shall have the authority of the Chief of Police to discharge its responsibilities. The inspection team shall be given access for the purpose of the inspection to appropriate facilities, equipment and records.
4. All reports and recommendations of the inspection team will be routed to the Chief of Police.
D. The Staff Inspection.
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1. The Deputy Chief, his designee or the Inspection Team, whichever is appropriate, will meet with the supervisor of the organizational component to be inspected. The supervisor may wish to have other personnel present to discuss concerns and recommendations.
2. The Deputy Chief or his designee will meet with the organizational component supervisor prior to the inspection to discuss the process and how best to involve the entire component.
3. The Deputy Chief, his designee or the Inspection Team, whichever is conducting the inspection or audit, will attempt to meet with each member of the organizational component being inspected. Whether in group or individual meetings the inspection team will give the involved employees an opportunity to ask questions and express their ideas regarding the inspection and component operation.
E. Post Inspection Activities.
1. The Deputy Chief, in concert with the Inspection Team, shall be responsible for the completion of a constructive report at the conclusion of the inspection. The report will:
a. Include a memorandum of transmittal to the Chief of Police and the affected supervisor of the component inspected via the Deputy Chief, noting the completion of the inspection and report.
b. The memorandum should detail the dates of the inspection, members of the inspection team (if any) and recommended routing of the report, and;
c. Include a table of recommendations citing the page number in the main body of the report that deals with the recommendation, and:
d. Have included in the main text of the report a detailed review of the inspection, broken down into areas of interest. Each section should give details of the steps taken, findings and conclusions, and finish with recommendations when appropriate, and;
e. Include appendices as necessary to ensure the report is self-sufficient and carefully documented.
2. Recognition shall be given to the inspected organizational component and personnel when found to be exemplary.
3. Recommendations for improvement will include alternative practical solutions.
4. A draft of the inspection report will be discussed with the inspected organizational component supervisor prior to submission to the Chief of Police.
5. A final draft of the inspection report shall be sent to the Chief of Police. 294
6. The unit supervisor shall respond in writing to the Chief of Police within 30 days of the Chief accepting the inspection report. The supervisor shall be required to address each recommendation; agree, or disagree with an alternative solution.
F. Follow-up Inspections.
1. If discrepancies are noted, a follow-up inspection shall be conducted at a prescribed time noted in the final draft of the inspection report.
2. The purpose of the follow-up inspection is to report on the progress of the implementation of recommended changes.
VII. FREQUENCY OF INSPECTIONS
A staff inspection shall be conducted within each organizational component at least every three (3) years. The Chief of Police may require inspections to be conducted more frequently as needed.
The Deputy Chief or his designee shall maintain a current list of specific inspections to be conducted, along with type (staff, line, or audit) and frequency. Documentation of the specific inspection, results, and any follow-up will be maintained by the Deputy Chief or his designee.
Unannounced inspections or audits of evidence, property storage and sensitive investigative fund areas shall be conducted as directed by the Chief of Police.
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Cumberland Police Department General Order #54 Subject: Public Information - Media Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
54.1.1 Public Information Function 54.1.2 Media Involvement in Policies and Procedures 54.1.3 News Media Access at Incidents
54.1 PUBLIC INFORMATION
54.1.1 PUBLIC INFORMATION FUNCTION
A. The Cumberland Police Department will be committed to informing the community and the news media of events within the public domain that are handled by or involve the agency.
1. By providing the news media and the community with information on agency administration and operations, the agency can foster a relationship of mutual trust, cooperation, and respect.
B. The agency shall have a public information function, which shall provide for the following:
1. Assisting news personnel in covering routine news stories, and at the scenes of incidents;
2. Being available for on-call responses to the news media;
3. Preparing and distributing agency news releases;
a. Press releases shall be prepared as necessitated by specific occurrences in the agency's service area or to address specific issues or concerns of the agency.
1) Information about cases and statistics will be available from the agency when requested by the media.
b. Any record or information relating to offenses or investigations may be released except as follows:
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1) The identity of juveniles taken into custody, unless the juvenile will be tried as an adult
2) Information concerning cause of death shall not be released by members of this agency pending determination by the Medical Examiner’s office.
3) Comments or information concerning personnel matters, internal investigations, or personal opinion not founded in fact shall not be released to the media unless specifically approved by the Chief of Police.
c. Press release information shall be made equally available and/or provided to the media in an equitable manner.
1) Material which the agency wishes to disseminate to the media may be provided in bulletin form or through tape-recorded messages, as long as access is equally provided for the information.
4. Arranging for and assisting at news conferences;
5. Coordinating and authorizing the release of information about victims, witnesses, and suspects;
6. Assisting in crisis situations within the agency;
7. Coordinating and authorizing the release of information concerning confidential agency investigations and operations (see above), which shall be released only by or at the direction of the Chief of Police, in his role as public information officer;
a. Information concerning the prior criminal record, character, or reputation of the accused shall not be released to the media, except by or at the direction of the Chief of Police or his designee.
b. "Mugshots" of the accused shall not be released to the media, except by or at the direction of the Chief of Police or his designee.
c. Information shall not be released about the existence of any confession, admission of guilt, or statement made by the accused or the failure or refusal by the accused to make a statement.
d. Information shall not be released about the results of any examinations or tests conducted or refusal by the accused to submit to any examinations or tests.
e. Information concerning the identity, testimony, or credibility of any prospective witness shall not be released to the media, except that the Chief of Police or his designee may release the identity of witnesses if such information would not prejudice an investigation or place the witness in danger.
f. Opinions regarding the guilt or innocence of the accused shall not be relayed to the media in any manner. 298
g. Opinions regarding the merits of the case of the quality of evidence gathered shall not be relayed to the media.
h. Personal information identifying the victim shall not be released to the media, except by or at the direction of the Chief of Police or his designee.
i. Information identifying juveniles shall not be released to the media, except by or at the direction of the Chief of Police or his designee.
j. Information received from other law enforcement agencies shall not be released without the concurrence in releasing that information from the other agency and then only by or at the direction of the Chief of Police or his designee.
8. In instances in which more than one agency is involved, the agency having primary jurisdiction shall be responsible for releasing, or coordinating the release of, information.
C. The public information function should include not only situations in which the media is interested in agency operations, but also situations in which the agency wishes to generate media interest.
D. Although the responsibility for the release of information ultimately rests with the Chief of Police, the officer in charge of a shift, the Combined County Criminal Investigation Unit (C3I) Supervisor, the Criminal Supervisor, the Officer of the Day or the Deputy Chief may release information to the media at the scene of an incident; from agency files; concerning an ongoing criminal investigation; and/or at any time that the public information officer is not available, as long as the release of information would not jeopardize on-going investigations and would not violate the constitutional rights of victims/complainants/suspects who are involved.
1. The OIC/C3I Supervisor/Officer of the Day/Criminal Supervisor/Deputy Chief may forward information to the next higher level of command for their review prior to releasing the information.
2. When authorized agency employees author a press release, the following persons or functions in the agency will immediately receive a copy:
a. Chief of Police
b. Deputy Chief
c. Administrative Supervisor
d. Criminal Supervisor
e. Shift Lieutenants
54.1.2 MEDIA INVOLVEMENT IN POLICIES AND PROCEDURES
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When policies or procedures involving the media are being developed by this department, copies of such proposed policies or procedures will be provided to all area media agencies for comment, if desired. Comments received will be incorporated in departmental procedures, as appropriate. Copies of any approved changes in media release policies or procedures will be provided to all area media agencies for dissemination to their representatives.
54.1.3 NEWS MEDIA ACCESS AT INCIDENTS
A. The access of news media representatives, including photographers, to the scene of major fires, natural disasters, or other catastrophic events shall be controlled by the officer in charge of the scene.
1. The media may be allowed past the perimeter of a scene established for the general public and may be allowed to bring their equipment, vehicles, etc. inside the general perimeter as long as their movements will not interfere with control and containment of the scene and as long as their personal safety is not in jeopardy.
2. The media shall not be allowed to photograph, film, or video tape private property without the owner's consent.
B. The access of news media representatives, including photographers, to crime scenes shall be controlled by the officer in charge of the scene.
1. No media representatives shall be admitted to a crime scene until all evidence has been processed, to ensure the integrity of the scene.
2. After the evidence has been processed and the scene secured, the media may be allowed past the perimeter of a scene established for the general public and may be allowed to bring their equipment, vehicles, etc. inside the general perimeter as long as their movements will not interfere with the on-site investigations and as long as their personal safety is not in jeopardy.
3. The media shall not be allowed to photograph, film, or video tape private property without the owner's consent.
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Cumberland Police Department
General Order #55 Subject: Victim/Witness Assistance Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
55.1.1 Victim and Witness Rights 55.1.2 Analysis of Victim/Witness Assistance Needs 55.1.3 Policies and Procedures 55.1.4 “Jane Doe” Program 55.2.1 Information Provided by the Agency 55.2.2 Assistance to Victims and Witnesses 55.2.3 Services During Preliminary Investigations 55.2.4 Services During Follow-up Investigations 55.2.5 Services During Arrest/Post Arrest 55.2.6 Services Rendered to Agency Personnel 55.2.7 Notifying Next of Kin: Deceased, Seriously Injured or Seriously Ill 55.3.1 Domestic Violence 55.3.2 Officer Involved Domestic Violence
55.1 ORGANIZATION AND ADMINISTRATION
55.1.1 VICTIM AND WITNESS RIGHTS
A. The rights of victims and witnesses are outlined in Maryland Criminal Laws Annotated, Criminal Procedure Article, Title 11, Subtitle 1 and Subtitle 9 and Courts and Judicial Proceedings, §3-836, §9-10 through §9-123, §9-203, §9-301 through §9-306, and §9-501.
1. These rules offer protection for witnesses and victims and include prohibitions against intimidation and bribery.
2. Prosecutors and courts are required to make information available to victims and witnesses, to assist with case preparation, to assist in scheduling appearances, and to guarantee victims the right to either testify or to file a "victim impact statement" to detail the injury or other loss suffered.
B. Victims and witnesses are entitled to certain compensations by Annotated Code of Maryland and, upon application, certain victims may be entitled to compensation and relief for medical benefits, lost wages, replacement service costs, and certain other losses, not to include
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payments for property loss or damage. (Maryland Criminal Laws Annotated, Criminal Procedure Article, Title 11, Subtitle 6)
C. Victims and witnesses will be treated with fairness, compassion, and dignity, especially remaining aware that successful prosecution and/or completion of an investigation may depend on their cooperation and the degree of assistance provided to this agency.
D. This agency will remain committed to the development, implementation, and continuation of appropriate victim/witness programs and activities.
1. CRIME VICTIMS and WITNESSES: Your Rights and Services, published by the Governor’s Office of Crime Control & Prevention and What To Do When Your Home Isn’t Safe, published by the Maryland Network Against Domestic Violence, in addition to referral resources, will be given to or made available to victims by the Cumberland Police Department.
2. Referral resources will be given to or made available to witnesses.
55.1.2 ANALYSIS OF VICTIM/WITNESS ASSISTANCE NEEDS
A. The agency will complete an analysis of victim/witness assistance needs and available services at least on a biennial basis.
B. The analysis will include the extent and major types of victimization within the agency's service area; an inventory of information and service needs of victims/witnesses in general (including homicide or suicide survivors) and special victims, such as those victimized by domestic violence, abuse and neglect (especially children and the elderly), sexual crimes, and drug and/or alcohol impaired drivers; victim assistance and related community services available within the service area; and identification of all unfulfilled needs and the selection of those that are appropriate for the agency to meet.
1. The survey should be developed to ensure services are annotated and available as resources yet without duplicating services offered by other agencies.
55.1.3 POLICIES AND PROCEDURES
A. The victim/witness assistance coordinator (which shall be the Deputy Chief or his designee) will be primarily responsible for the implementation of victim/witness services programs while patrol officers and supervisors, investigators, communications personnel, and clerical personnel will be primarily responsible for the delivery of services as directed by the victim/witness assistance coordinator and in response to goals and objectives outlined by the agency and with the needs identified in the community survey.
1. Officers responding to a crime scene should first ensure the safety and welfare of all persons involved, including summoning EMS services if necessary, engaging in conflict mediation or other alternatives to formal routes through the criminal justice system,
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arranging for alternative housing, and/or other forms of assistance which may be rendered on the scene.
2. The officer in charge of the preliminary investigation will inform victims/witnesses about rights and services, including Maryland's victim compensation statutes; laws dealing with intimidation, bribery and/or threats; and information about the case number (IR) and subsequent steps in processing the case.
3. The officer in charge of the preliminary investigation will provide the victim/witness with names and phones numbers for contacts at the Cumberland Police Department in order for the victim/witness to ask questions and/or provide additional information.
4. Periodic contact will be made with the victim/witness by an investigator if there are sufficient probability factors to aggressively proceed with the case.
a. Victims/witnesses should be informed if a case has been classified as inactive or closed and should be notified of the reason(s) for the classification.
5. Upon initiation of charges, the investigating officer will consult with the victim/witness and explain the steps from the filing of charges through the conclusion of prosecution.
B. To the extent consistent with Annotated Code of Maryland and other applicable law, records and files of victims and witnesses and their role in case development will be kept confidential.
C. The agency will periodically inform the public and media about the agency's victim/witness assistance services.
1. Articles in local newspapers and information distributed or relayed during neighborhood and/or community meetings will be the primary mechanisms for the distribution of information.
2. Additional information may be provided as special circumstances and/or problems arise within the community and/or to specific target groups within the community.
D. The agency will maintain contact with other criminal justice agencies and with public and private sector agencies and organizations concerned with victim/witness needs and rights, especially those identified in the community survey.
1. All members of this agency will maintain a positive and professional image with other agencies and organizations serving victims/witnesses.
2. Members of this agency shall not discount a wide variety of alternatives to traditional contacts, e.g. warning, citation, or arrest, including referrals to social service agencies, depending on aggravating or mitigating circumstances.
3. There are numerous public and private agencies that may provide assistance for various needs and problems encountered by the public: health and social services agencies may
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be called upon to provide assistance; housing, food, and clothing are offered through various agencies; and transportation is available in some instances by private agencies.
4. The agency will make available to all members a list of services available through other public and social service agencies and will provide contacts and phone numbers.
a. A copy of this list will be provided to and maintained by the radio communications center.
55.1.4 “JANE DOE” PROGRAM
I. Subject: Processing Hospital Calls Reporting “Jane Doe” Victims of Sexual Assaults and Transportation and Storage of Evidence Related to Such Incidents.
II. PURPOSE:
To establish policies and procedures for receiving and handling alleged sexual assault cases, whereby the victim is identified as “Jane Doe”, for confidentiality purposes by hospital personnel. Under this program it affords the alleged victims of sexual assaults the opportunity to have evidence collected, via a sexual assault forensic examination, and have it submitted to the appropriate law enforcement agency, even though they do not wish to report the alleged sexual assault to the police at the time of the collection.
A. This policy will address:
1. The handling and processing of physical evidence collected from the “Jane Doe” victim by a certified “Forensic Nurse Examiner (SAFE) at the Cumberland Memorial Hospital, Western Maryland Health System in Cumberland, Maryland.
2. The release of evidence which may include victim’s clothing, along with other forensic evidence collected from the victim.
3. The evidence:
a. Which may include fingernail scrapings, head and pubic hair samples, DNA and any other physical evidence observed and collected by a certified “SAFE” at the Cumberland Memorial Hospital, Western Maryland Health System.
b. Which will be contained in a sealed Maryland State Police “Victim Sexual Assault Evidence Collection Kit” and released to the custody of the officer assigned to such an incident.
c. Which will be transported to the Cumberland Police Department and processed according to established policies and procedures.
III POLICY:
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A. Effective May 1, 2005, the “Jane Doe Program” regarding the victims of sexual assaults will become operational in Allegany County, Maryland.
B. A “Jane Doe” victim:
1. Is defined as a victim of a sexual assault who wants to remain anonymous and does not wish to disclose to police and information concerning the offense.
2. Will still be afforded the opportunity to respond to the emergency room at the Cumberland Memorial Hospital for the purpose of receiving a “Sexual Assault Forensic Nurse Examination,” treatment and counseling for the sexual assault.
3. Will disclose to the “SAFE”, in confidence, information concerning the particulars of the offense to include date, time, location and the name and/or description of the alleged suspect.
C. A confidential report, containing the information obtained from the victim, will be completed by the FNE and maintained in a sealed confidential file at Memorial Hospital.
D. A “Forensic Nurse Examination” will be conducted on the victim to document any trauma and verify a sexual assault has occurred.
E. The “SAFE” conducting an examination will utilize a MSP “Victim Sexual Assault Evidence Collection Kit” to collect any and all forensic, DNA samples from the victim.
F. The hospital staff will assign a hospital case/file number to the evidence that will be marked “Jane Doe” case.
G. A report of the incident will be maintained in a confidential file by the hospital. The victim has three (3) months to decide whether to proceed with having the offense investigated by the appropriate law enforcement agency.
H. If the victim elects to pursue the case, the victim will notify Memorial Hospital which will, in turn, make the necessary arrangements for the victim to meet with the appropriate law enforcement agency.
I. Information obtained by the hospital, which was disclosed by the victim, will be provided to the law enforcement agency.
J. In the event the victim does not pursue the matter within the three (3) month period, Memorial Hospital will send a letter to the Chief of Police, Cumberland Police Department, 20 Bedford Street, Cumberland, Maryland, 21502.
K. This letter will serve:
1. As an official notice that the victim in the referenced “Jane Doe” case has elected not to pursue the matter within the allotted time frame.
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2. As written authorization for the Cumberland Police Department to destroy the rape collection kit associated with this particular case. NOTE: The three (3) month period begins when the victim reports to the emergency room for examination, treatment and counseling.
PROCEDURES:
A. Upon receiving a call from a hospital emergency room regarding a “Jane Doe” evidence kit, the Shift Supervisor will open an IR listing the hospital employee as the caller.
B. The IR will be coded “Sex Offense – Misc.”, with a notation in the narrative section: “Jane Doe” case.
C. The hospital case/file number will be obtained by the Shift Supervisor from the hospital employee/caller and this number will be listed in the narrative section of the IR.
D. An officer will be dispatched to the hospital to obtain the sexual assault evidence collection kit with the attached hospital form listing the hospital case/file number.
E. The officer will also be provided with the IR number.
F. Upon arriving at the hospital, the officer:
1. Will obtain the name, title and telephone number of the person whom the evidence is obtained.
2. Will note the date, time and sign the hospital chain of custody logbook in order to maintain the chain of custody.
3. Will provide the hospital representative with the IR number for the hospital case/file.
G. The officer dispatched to the hospital will:
1. Upon receiving the evidence from the “SAFE”, transport the evidence to the Cumberland Police Department.
2. Upon arriving at headquarters, the officer will place the evidence kit into the proper property location. The property log will contain the IR number and the hospital case/file number. The victim will be listed as “Jane Doe” and the offense will be listed as “Sex Offense – Misc.”
H. The evidence:
1. Will be stored properly in the property room; and
2. Will be retained until such time the victim elects to pursue the matter with the Cumberland Police Department within the three (3) month period.
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I. No report will be investigated further until the victim elects to have the incident investigated by the Cumberland Police Department and it is within the three (3) month period.
J. If notified within this time period, a criminal investigation will be initiated by the original case being forwarded to C3I for follow-up.
K. This policy does not apply to cases where the victim is under the age of eighteen (18) and the alleged sexual assault involves a parent, family member, household member or other person who has permanent or temporary care and or custody or has the responsibility for the supervision of a minor child. For such cases, it is mandated by law that these cases be reported to the Department of Social Services/Child Protective Services and the appropriate law enforcement agency for investigation.
55.2 OPERATIONS
55.2.1 INFORMATION PROVIDED BY THE AGENCY
A. The Communications Center shall maintain a copy of this procedure on file at their center, and shall inform callers of all services provided by the Cumberland Police Department as well as referral to services provided by other agencies.
1. In addition, the Allegany County State’s Attorney’s Office Victim/Witness Coordinator will identify a specific number which will provide information concerning offenses against persons (for victims), offenses against property (for victims), and services, programs, and laws dealing with witnesses.
2. Communications personnel will include references to continuous patrol response (General Order 41.1.1) and officer response to incidents.
a. "The agency will provide patrol coverage at all times and therefore will make provisions to stagger shift changes or otherwise provide the availability of an officer on a 24 hour a day basis." (General Order 41.1.1 (B))
b. Some calls may require response by several officers if the problem is to be dealt with effectively and safely.
1) Situations requiring response from at least two officers should be based on the actual or potential presence of one or more of the following factors: an assault on an officer (officer in trouble); on-scene arrest for a felony or a violent misdemeanor; resistance to arrest; use of force; a crime in progress; or a fleeing suspect.
2) In particular, no less than two officers will respond to the following calls: bank alarm, robbery in progress, burglary in progress, burglary alarm, homicide or suicide, fight, domestic dispute, mental subject, rape or sexual assault, prowler, and nature unknown.
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3) The shift supervisor may require multiple officer response to deal effectively and safely with other situations as deemed necessary."
B. Referral information, available twenty-four hours daily, from either communications personnel and/or from Allegany County Dispatch (911) include services offered in this agency's jurisdiction by other organizations, which include references in the “Quick Guide to Allegany County”, for victims/witnesses in need of medical attention to include an immediate response from the appropriate EMS service and/or phone numbers for local medical facilities (Memorial or Sacred Heart Hospital.); counseling to include Allegany County Health Dept. Mental Health Services, Memorial Hospital Counseling Services, Sacred Heart Hospital Emergency Mental Health Service and several private services; and emergency financial assistance, to include an emergency relief fund and referral to county, state, and federal assistance.
55.2.2 ASSISTANCE TO VICTIMS AND WITNESSES
A. The agency will provide assistance to victims/witnesses who have been threatened or who, in the judgment of the agency, express specific, credible reasons for fearing intimidation or further victimization.
1. This assistance may be limited to extra patrol or checks on a residence or business, may include portable alarms or video surveillance systems, or may include, in extreme cases, surveillance and/or protection by specially assigned officers.
55.2.3 SERVICES DURING PRELIMINARY INVESTIGATIONS
A. During the preliminary investigation and in addition to immediate medical aid, counseling, or financial assistance, the investigating officer will provide information to the victim/witness about applicable services to include medical attention, compensation programs, emergency financial assistance, and victim advocacy.
1. Although no formal victim advocacy program exists within the State of Maryland, various advocacy groups exist which could provide assistance or further referrals for victims.
2. Information will be available in printed form for distribution to victims/witnesses and will be formatted such that information is specific to the circumstances, e.g. information for victims of persons crimes, victims of property crimes, and witnesses.
B. During the preliminary investigation, victims/witnesses will be advised what to do if the victim/witness is threatened or intimidated by the suspect(s) or the suspect(s) companions or associates.
1. Maryland Criminal Law Annotated, Criminal Law Article, Title 9, Subtitle 3 which protect victims/witnesses include, but are not limited to §9-304, §9-305 and §9-306.
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a. A person may not, by threat, force, or corrupt means, obstruct, impede, or try to obstruct or impede the administration of justice in a court of the State. Criminal Law Article, Title 9, Subtitle 3, §9-306 (a) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. Criminal Law Article, Title 9, Subtitle 3, §9-306 (b)
b. For good cause shown, a court with jurisdiction over a criminal matter or juvenile delinquency case may pass an order that is reasonably necessary to stop or prevent the intimidation of a victim or witness or a violation of Subtitle 3. Criminal Law Article, Title 9, Subtitle 3, §9-304
2. Information will be available in printed form for distribution to victims/witnesses and will be formatted such that information is specific to the circumstances, e.g. information for victims of persons crimes, victims of property crimes, and witnesses.
C. Victims/witnesses will be advised of the case number or IR number to reference the case, the name of the officer responsible for the report, and the subsequent steps in the processing of the case.
D. Victims/witnesses will be provided with the agency phone number(s) to call to report additional information about the case or to receive information about the status of the case.
1. Normally, the officer who conducts the preliminary investigation will be designated as the contact for additional information unless the case will be assigned for follow-up. (See 55.2.4)
2. The status of the case will be determined by the Criminal Supervisor and/or the Deputy Chief.
55.2.4 SERVICES DURING FOLLOWUP INVESTIGATIONS
A. If, in the opinion of the agency, the impact of a crime on a victim/witness has been unusually severe and has triggered above average victim/witness assistance, the victim/witness assistance coordinator will be responsible for contacting the victim/witness periodically to determine whether needs are being met. (See 55.1.2)
B. If not an endangerment to the successful prosecution of the case, the officer assigned to follow-up investigation or, if none, the victim/witness assistance coordinator will explain to victims/witnesses the procedures involved in the prosecution of their case(s) and their role in those procedures.
1. The investigator or, if none, the victim/witness assistance coordinator should contact the State’s Attorney’s Office to coordinate the dissemination of information to the victim/witness to ensure the case is not compromised.
C. If feasible or applicable, line-ups, interviews, and other required appearances should be scheduled at the convenience of the victim/witness. 309
1. If possible and if requested, transportation should be made available to the victim/witness.
D. Victim/witness property taken as evidence will be returned as soon as feasible, based on applicable evidentiary rules and property procedures.
E. When available and if feasible, the victim/witness should be advised of victim advocate(s) which may assist them during the follow-up investigation.
1. The “Quick Guide to Allegany County” directory lists a number of victim advocate resources and counseling services and prosecutorial liaison may also provide a variety of suggestions for advocacy assistance.
55.2.5 ARREST/POST-ARREST: VICTIM/WITNESS ASSISTANCE
A. The primary investigating officer will endeavor to promptly notify the victim/witness of the following:
1. The arrest of the offender;
2. The charges placed against the offender;
3. The post-arrest processing of the offenders, and
4. See 55.2.2.
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55.2.6 SERVICES RENDERED TO AGENCY PERSONNEL
Line of Duty Death
PURPOSE: To establish procedures to ensure the proper support and emotional care for a member’s family following a line-of-duty death or critical injury incident
Policy: The Cumberland Police Department will provide liaison assistance to the immediate survivors of a member who dies in the line of duty. This assistance is provided while the member was performing a police-related function, either on or off-duty and while he or she was an active member of the Department. The Police Chief may institute certain parts of this Order for cases of a member’s natural death. The Police Department will provide a clarification and comprehensive study of survivor benefits as well as emotional support during this traumatic period of readjustment for the surviving family. Funeral arrangements of the deceased member are to be decided by the family, with their wishes taking precedence over the Department’s.
Background: Coordination of events following the line-of duty death of a law enforcement Officer is an extremely important and complex responsibility. Professionalism and compassion must be exhibited at all times as an obligation to the member’s survivors and to the law enforcement community.
In order to provide the best possible services and support for the member’s family, specific duties may be assigned by the Chief to selected members of the Department. The duties include, but are not limited to:
• Notification of next of kin
• Hospital Liaison • Family Liaison
• Department Liaison
• Benefits Coordinator
An explanation of each of these responsibilities is contained in this Order. A member may be called upon to perform more than one role.
1. Members will maintain an up-to-date “Confidential Line-of-Duty Death Information” form. The information will be of extreme comfort to members’ families and the Police Departments in fulfilling the deceased officer’s wishes.
2. The Chief, or his designee, will conduct all press conferences, issue all press releases and otherwise handle the news media throughout the ordeal. If the family decides to accept an
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interview, the Chief should attend to “screen” questions presented to the family so as not to jeopardize subsequent legal proceedings.
Procedures and Responsibilities
1. Notification
a. It is the responsibility of the Chief to properly notify the next of kin of a member who has suffered severe injuries or died. The Chief will personally make the notification or, in his absence, designate the Deputy Chief to inform the survivors.
b. The name of the deceased member will not be released by the Police Department before the immediate family is notified.
c. If there is knowledge of a medical problem with an immediate survivor, medical personnel should be available at the residence at the time of notification.
d. Notification will be made in person and never alone. The Police Department’s Chaplain, close friend, or another Officer survivor should appropriately accompany the Chief, however, if the aforementioned persons are not readily accessible, notification should not be delayed until these people can gather. If there is an opportunity to get to the hospital prior to the demise of the member, do not wait for the delegation to gather. The family should learn of the death from the Police Department first and not from the press or other sources.
e. Never make a death notification on the doorstep. Ask to be admitted to the house. Inform family members slowly and clearly of the information that you have. If specifics of the incident are known, the Chief should relay as much information as possible to the family. Be sure to use the member’s name during the notification. If the member has died, relay that information. Never give the family a false sense of hope. Use words such as “died” and “dead” rather than “gone away” or “passed away”. f. If the family requests to visit the hospital, they should be transported by cruiser. It is highly recommended that the family not drive themselves to the hospital. If the family insists on driving, a member of the Police Department should accompany them in the family car.
g. If young children are at home, the Chief, or his designate, must arrange for babysitting needs. This may involve co-workers’ spouses, transportation of children to a relative’s home, or similar arrangements.
h. Prior to departing for the hospital, the Chief should notify the hospital staff and the “Hospital Liaison”, (by telephone, if possible), that the family is in route.
i. The deceased or severely injured member’s parents should also be afforded the courtesy of a personal notification, whenever possible.
j. If immediate survivors live outside the Cumberland area, the Police Department will ensure that a teletype message is sent to the appropriate jurisdiction, 312
requesting a personal notification. The Chief may choose to call the other jurisdiction by telephone in addition to the teletype message. Arrangements should be made to permit simultaneous telephone contact between the survivors and the Department. The Cumberland Police Department will attempt to make personal contact with the survivors that live outside the Cumberland area when ever possible.
k. In the event of an on-duty death, the external monitoring of police frequencies may be extensive. Whenever possible, communications regarding notifications should be restricted to the telephone. If the media has obtained the member’s name, they will be requested to withhold the information, pending notification of next of kin.
2. Assistance for Affected Police Department Members
a. Members who were on the scene or who arrived moments after a member was critically injured or killed, should be relieved as quickly as possible.
b. Police witnesses and other members who may have been emotionally affected by the serious injury or death of another member will attend a Critical Incident Stress Debriefing held by a trained mental health professional chosen by the Cumberland Police Department.
3. Assisting the Family at the Hospital
a. The first official, other than the Chief or his designate, to arrive at the hospital becomes the “Hospital Liaison”. The “Hospital Liaison” is responsible for coordinating the activities of hospital personnel, the member’s family, police officers, the press and others. These responsibilities include;
1) Arranging with hospital personnel to provide an appropriate waiting facility for the family, the Chief, and others requested by the immediate survivors.
2) Arranging a separate area for fellow Officers to assemble.
3) Establishing a press staging area
4) Ensuring that medical personnel relay pertinent information regarding a members condition to the family on a timely basis and before such information is released to others.
5) Notifying the appropriate hospital personnel that all medical bills relating to the injured or deceased member are directed to the City of Cumberland Division of Human Resources. The family should not receive any of these bills at their residence. This may require the “Hospital Liaison” to re-contact the hospital during normal business hours to ensure that proper billing takes place.
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6) Ensuring that the family is updated regarding the incident and the member’s condition upon their arrival at the hospital.
7) Arranging transportation for the family back to their residence.
b. If it is possible for the family to visit the injured member before death, they should be afforded that opportunity. The Chief, or his designate, should “prepare” the family for what they might see in the emergency room and should accompany the family into the room for the visit if the family requests it. Medical personnel should advise the family of visitation policies and, in the event of death, explain why an autopsy is necessary.
c. The Chief should remain at the hospital while the family is present.
d. Do not be overly protective of the family. This includes sharing specific information as to how the member met his or her demise, as well as allowing the family time with the deceased member.
4. Support of the Family during the Wake and Funeral
a. The Chief, or his designee, will meet with the member’s family at their home to determine their wishes regarding departmental participation in the preparation of the funeral or services. All possible assistance will be rendered.
b. With the approval of the family, the Chief will assign a “Family Liaison”, a “Department Liaison” and a “Benefits Coordinator”.
5. Family Liaison
a. The selection of a “Family Liaison” is a critical assignment. An attempt should be made to assign someone who enjoyed a close relationship with the member and his or her family. When possible, male/female “teams” should be utilized as “Family Liaisons”, thus preventing bonding between the survivor(s) and member(s) during a vulnerable time in the survivor’s life.
b. This is not a decision-making position, but a facilitator between the family and the Department.
c. Responsibilities of the “Family Liaison” include:
1) Ensuring that the needs of the family come before the wishes of the Department.
2) Assisting the family with funeral arrangements and making them aware of what the Department can offer if they decide to have a police funeral. If they choose the latter, briefing the family on funeral procedure; (i.e., presenting the flag, playing of taps, firing party).
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3) Apprising the family of information concerning the death and the continuing investigation.
4) Providing as much assistance as possible, including overseeing travel and lodging arrangements for out-of-town family members, arranging for food for the family, meeting child care and transportation needs, etc.
5) Being available to the family, as much as possible.
6) Determining what public safety, church, fraternal and labor organizations will provide in terms of financial assistance for out-of-town family travel, food for funeral attendees following the burial, etc.
7) Notifying “Concerns of Police Survivors” (C.O.P.S.), (573) 346-4911. Members are available to provide emotional support to surviving families.
8) Carrying a cell phone at all times.
6. Department Liaison
a. This position will be assigned to the Deputy Chief because of the need to effectively coordinate resources throughout the Department.
b. Responsibilities of the “Department Liaison” include:
1) Working closely with the “Family Liaison” to ensure that the needs of the family are fulfilled.
2) Meeting with the following persons to coordinate funeral activities and establish an itinerary:
a) Chief
b) Funeral Director
c) Family Priest or Minister
d) Cemetery Director
e) Honor Guard
3) Directing the funeral activities of the Department and visiting police departments according to the wishes of the family.
4) Issuing a teletype message to include the following:
a) Name of deceased
b) Date and time of death 315
c) Circumstances surrounding the death
d) Funeral arrangements (state if service will be private or a police funeral)
e) Uniform to be worn
f) Expressions of sympathy in lieu of lowers
g) Contact person and telephone number for visiting departments to call to indicate their desire to attend or to obtain further information. (see attachment form)
5) Establishing a command center, if necessary, to coordinate information and response to the tragedy.
6) Developing a policy for the wearing of badge memorial ribbons and use of patrol vehicle memorial sashes.
7) Obtaining an American flag. If the family wishes, a flag presentation by the Chief.
8) Determining if the family desires a burial in uniform and selecting a member to obtain a uniform and all accouterments, (except weapons), and deliver them to the funeral home.
9) Assigning members for usher duty at the church
10) Arranging for the delivery of the member’s personal belongings to the family.
11). Briefing the Chief and staff concerning all funeral arrangements
12) Ensuring the surviving parents are afforded recognition and that proper placement is arranged for them during the funeral and procession
13) Arranging for a stand by doctor for the family, if necessary.
14) Coordinating traffic management, with other jurisdictions during the viewing, funeral and procession, and arranging for a tow truck to be available along with the procession route.
15) Assigning a member to remain at the family home during the viewing and funeral.
16) Maintaining a roster of all Departments sending personnel to the funeral, including:
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a) Name and address of responding agencies
b) Name of the Chief, Sheriff, or Commanding Officer
c) Number of officers attending
d) Number of officers attending the reception after the funeral
e) Number of vehicles
17) Assisting in making the necessary accommodations for food, lodging, and parking etc.
18) Acknowledging visiting and assisting departments
19) Arranging for routine residence checks of the survivor’s home by the Patrol Division for six to eight weeks following the funeral. This service is necessary since the survivors will be spending time away from the home dealing with legal matters.
7. Benefits Coordinator
a. The “Benefits Coordinator” will gather information on benefits/funeral payments available to the family. The “Benefits Coordinator” has the Department’s full support to fulfill this responsibility to the survivors and is completely responsible for filing the appropriate benefit paperwork and following through with the family to ensure that these benefits are being received.
b. The “Benefits Coordinator” is responsible for:
1) Filing Worker’s Compensation claims and related paperwork
2) Contacting the appropriate Human Resources offices to ensure that the beneficiary receives death and retirement benefits, the member’s remaining paychecks and payment for remaining annual and compensatory time.
3) Gathering information on all benefit/funeral payments, to include the Public Safety Officers Benefits Act, that are available to the family.
4) Setting up any special trust funds or educational funds
5) Notifying police organizations such as HEROS, Inc., the Fraternal Order of Police, etc. of the death and ensuring that any and all entitlements are paid to the beneficiary. These agencies may also offer legal and financial counseling to the family at no cost.
6) Preparing a printout of the various benefits/funeral payments that are due to the family, listing named beneficiaries and contacts at 317
various benefits offices, and when they can expect to receive payment.
7) Meeting with the surviving family a few days after the funeral to discuss the benefits they will receive. A copy of the prepared printout and any other related paperwork should be given to the family at this time.
a) If there are surviving children from a former marriage, the guardian of those children should also receive a printout of what benefits the child(ren) may be receiving.
b) Attention should be given to the revocation of health care benefits. Many providers allow a 30-day grace period before canceling or imposing monthly payments upon survivors. 8) Meeting again with the family in about three months to ensure they are receiving benefits.
8. Continued Support for the Family
a. Members of the Department must remain sensitive to the needs of the survivors long after the member’s death. The grief process has no timetable. More than half of the surviving spouses can be expected to develop a posttraumatic stress reaction to the tragedy.
b. Survivors should continue to feel a part of the “police family”. They should be invited to Department activities to ensure continued contact.
c. Members of the Department are encouraged to keep in touch with the family. Close friends, co-workers and officials should arrange with the family to visit the home from time to time so long as the family expresses a desire to have these contacts continue.
d. The Chief should observe the member’s death date with a short note to the family, flowers on the grave and/or wreath placement at the National Law Enforcement Officers Memorial, if possible.
e. Holidays may be especially difficult for the family, particularly if small children are involved. Increased contact with the survivors and additional support is important at these times.
f. The “Family Liaison” will act as a long-term liaison with the surviving family to ensure that close contact is maintained between the Department and the survivors and that their needs are met for as long as they feel the need for support.
g. If no court proceedings surround the circumstances of the member’s death, the “Family Liaison” will relay all details of the incident to the family at the earliest opportunity.
318 h. If criminal violations surround the death, the “Family Liaison”, will:
1) Inform the family of all new developments prior to press release
2) Keep the family apprised of legal proceedings
3) Introduce the family to the victims’ assistance specialists of the court
4) Encourage the family to attend the trial, and accompany them whenever possible
5) Arrange for investigators to meet with the family at the earliest opportunity following the trial to answer all their questions.
By Order Of:
Charles H. Hinnant Chief of Police
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CONFIDENTIAL LINE OF DUTY DEATH INFORMATION
FULL NAME ______
*INFORMATION WILL BE USED ONLY IN THE EVENT OF YOUR SERIOUS INJURY OR DEATH IN THE LINE OF DUTY. PLEASE TAKE TIME TO COMPLETE THIS FORM ACCURATELY BECAUSE THE INFORMATION WILL BE OF EXTREME COMFORT TO YOUR FAMILY AND THE CUMBERLAND POLICE DEPARTMENT IN FULFILLING YOUR WISHES.*
ADDRESS: ______
CITY: ______
STATE: ______ZIP: ______
HOME PHONE: _( ____)______
FAMILY INFORMATION
SPOUSE INFORMATION: ______
ADDRESS/PHONE (IF DIFFERENT): ______
______
SPOUSE’S EMPLOYER, WORK ADDRESS AND WORK PHONE NUMBER:
______
______
______
NAMES AND BIRTH DATES FOR CHILDREN (ALSO LIST ADDRESS/PHONE FOR EACH IF DIFFERENT FROM YOURS).
1. ______
2. ______
3. ______
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IF YOU ARE DIVORCED, PLEASE PROVIDE INFORMATION ABOUT YOUR EX-SPOUSE:
NAME: ______
ADDRESS: ______
CITY/STATE/ZIP: ______
HOME/WORK PHONE: ______
DO YOU WANT A POLICE REPRESENTATIVE TO CONTACT YOUR EX-SPOUSE?
YES _____ NO _____
PLEASE LIST THE NAME, ADDRESS, PHONES OF ANY OTHER RELATIVES YOU WOULD LIKE NOTIFIED:
1. ______
2. ______
3. ______
NOTIFICATIONS
PLEASE LIST THE PERSON(S) YOU WOULD LIKE TO BE NOTIFIED BY A POLICE REPRESENTATIVE IN CASE OF SERIOUS INJURY OR DEATH IN THE LINE OF DUTY. BEGIN WITH THE FIRST PERSON YOU WOULD LIKE NOTIFIED.
NAME ADDRESS H&W PHONE RELATIONSHIP
1. ______
2. ______
IS THERE ANYONE YOU WOULD LIKE TO ACCOMPANY THE POLICE REPRESENTATIVE WHEN THE NOTIFICATION IS MADE TO YOUR IMMEDIATE FAMILY? IF SOMEONE OTHER THAN A POLICE OFFICER, PLEASE INCLUDE ADDRESS AND PHONE NUMBER.
1. ______
IS THERE ANYONE YOU WOULD LIKE CONTACTED TO ASSIST YOUR FAMILY, OR TO ASSIST WITH THE FUNERAL ARRANGEMENTS, OR RELATED MATTERS WHO IS NOT LISTED ABOVE? THIS PERSON SHOULD BE KNOWLEDGEABLE ABOUT YOUR LIFE INSURANCE, LOCATION OF WILLS, ETC.
1. ______
ADDITIONAL INFORMATION 321
PLEASE LIST ANY PREFERENCES YOU MAY HAVE REGARDING FUNERAL ARRANGEMENTS. INCLUDE NAME/ADDRESS/PHONE
FUNERAL HOME:
______
CHURCH:
______
CEMETERY:
______
ARE YOU A VETERAN OF THE U.S. ARMED SERVICES?
YES _____ NO _____
IF YOU ARE ENTITLED TO A MILITARY FUNERAL, AS DETERMINED BY THE DEPARTMENT OF VETERAN’S AFFAIRS, DO YOU WISH ONE?
YES _____ NO _____
DO YOU WISH A LAW ENFORCEMENT FUNERAL?
YES _____ NO _____
PLEASE LIST MEMBERSHIP IN ANY ORGANIZATION THAT MAY PROVIDE ASSISTANCE TO YOUR FAMILY.
______
______
DO YOU HAVE A WILL? YES _____ NO _____
IF YES, WHERE IS IT LOCATED? ______
PLEASE LIST ANY INSURANCE POLICIES YOU MAY HAVE.
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COMPANY POLICY# LOCATION OF POLICY
______
______
______
ARE THERE ANY SPECIAL REQUESTS OR DIRECTIONS YOU WOULD LIKE FOLLOWED UPON YOUR DEATH?
______
______
______
______
______
SIGNATURE: ______DATE: ______
ANY BANK ACCOUNT INFORMATION MAY BE ADDED IF YOU DESIRE:
______
______
______
______
______
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FUNERAL PROTOCOL
I. General Funeral Procedures
A. All members will maintain an excellent personal appearance. Uniforms and equipment must be in outstanding condition.
B. Uniforms
1. Long Sleeve Shirt, Tie, Jacket and Hat.
2. Members of the Honor Guard and pallbearers will wear white gloves.
3. A black sash will be worn across the badge.
C. Funeral Services
1. Members who attend the funeral services will report to a pre-designated assembly point away from the place of services for inspection and briefing.
2. From the assembly point, members will march to the place of service, timing their arrival to permit immediate entry.
3. Upon entering the building, members will remove their uniform hats, place them under their left arm, hat brim/badge forward, and move in an orderly manner to the place reserved for them.
4. Members will remain standing until all members are in their places and the command “SEATS” is given.
5. Members will sit with their hats upright in their laps, brims/badges facing forward, maintaining a military bearing throughout the service.
6. At the end of the service, members, upon receiving the command, “RISE”, will rise in unison and place their hats under their left arm, brims/badges facing forward, preparatory to filing past the casket. They will hold their hats in this position until they have passed the casket and arrived outside.
7. Upon leaving the building, members will replace their hats and assemble in formation at right angles to the hearse.
a. Two ranks will be formed facing each other, leaving an aisle through which pallbearers and casket may pass.
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b. Members will be formed by height. They will normally be dressed at extended intervals but may be dressed at close intervals if space is limited.
c. While waiting in formation, members will stand at parade rest.
8. When the casket comes into view, the formation will be called to attention. The next command will be “PRESENT ARMS”. All members salute and hold this salute until the casket is placed in the hearse. At this time, the command, “ORDER ARMS”, will be given and members will return their hands to their sides.
9. After the doors of the hearse are closed, the command “FIRST RANK (passenger side of hearse) - RIGHT FACE” and “SECOND RANK (driver’s side of hearse) - LEFT FACE”, is given so that the two columns are facing the hearse.
10. The Commander will then dismiss the formation with the command, “DISMISSED”. The members will break ranks and leave in a quiet and orderly manner.
11. Members will then take their assigned place in the motorcade and proceed to the cemetery.
D. Gravesite Services
1. Members will report to the places that have been reserved for them immediately upon arrival at the gravesite. If indoors, members will remove their hats and hold them under their left arm, brims/badges facing forward. All members will sit with hats in laps, maintaining a military bearing throughout the services. If services are held outdoors, members will wear their hats.
2. Just prior to the 21-gun salute and taps, the command “RISE” will be given. Members will stand at attention facing the firing team or bugler. When the 21-gun salute and taps have concluded, the command “DISMISSED” will be given. Members will then break ranks and return to their assigned vehicles.
II. Honors Accorded
A. Any Cumberland law enforcement officer who dies in the line of duty will be accorded full honors if requested by the survivors. This will include the casket watch during viewing, honor guard, pallbearers, firing squad, taps, military flagfold and presentation and motor escort.
B. The Honor Guard commander is responsible for coordinating and directing the activities of the Honor Guard, casket watch, pallbearers, firing squad, bugler, and flag presentation.
C. Casket Watch
1. The casket watch is usually comprised of officers from the Honor Guard. However, volunteers may stand watch at the discretion of the Honor Guard Commander. Officers who are assigned to the casket watch must present an excellent uniform appearance and conform to all current grooming regulations.
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2. The dress uniform, including hat, blouse and white gloves, will be worn for the casket watch. The watch will be divided into shifts with two officers standing 15 minutes at a time.
3. If the family wishes, an informal watch can take place after the viewing has been concluded for the day.
4. The casket watch moves in slow cadence. This includes marching, movements and saluting. The official will post the watch and the officers will position themselves at or near the head and feet of the deceased officer.
D. Honor Guard
1. Members of the Honor Guard will assemble at a location near the service (church, funeral home, or cemetery) for inspection by the Honor Guard Commander.
2. Commands will be executed by the Honor Guard Commander.
E. Pallbearers
1. If pallbearers are requested by the family, they will be selected by the Honor Guard Commander, with approval of the family.
2. Pallbearers will be under the direction of the Honor Guard Commander. They will report to the funeral home as directed for instructions and seating arrangements.
III. Procedural Variation
The procedures outlined in this Order shall be followed in most cases. Any changes made necessary by a shortage of manpower, the unusual size of the funeral, the type of service, the physical arrangement of the place of service or for any other reason shall be made by the Chief, or his designate.
Any additional honors to be accorded to deceased members or employees of the Police Department, or to deceased members of other law enforcement agencies shall be at the discretion of the Chief.
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BENEFITS/FUNERAL PAYMENTS AVAILABLE TO POLICE SURVIVORS
I. WORKER’S COMPENSATION CONTACT: CUMBERLAND CITY PERSONNEL OFFICE ADDRESS: CITY HALL 57 N. LIBERTY ST. CUMBELERLAND, MD 21502 PHONE: 301-759-6415
II. EMPLOYEE INSURANCE PLAN CONTACT: CUMBERLAND CITY PERSONNEL OFFICE ADDRESS: CITY HALL 57 N. LIBERTY ST. CUMBERLAND, MD 21502 PHONE: 301-759-6415
III. RETIREMENT/PENSION PLAN CONTACT: CUMBERLAND CITY PERSONNEL OFFICE ADDRESS: CITY HALL 57 N. LIBERTY ST. CUMBERLAND, MD 21502 PHONE: 301-759-6415
IV. SOCIAL SECURITY CONTACT: SOCIAL SECURITY ADMINISTRATION ADDRESS: 1 FREDERICK ST. CUMBERLAND, MD 21502 PHONE: 301-722-4934
V. FEDERAL PUBLIC SAFETY OFFICERS’ DEATH BENEFIT CONTACT: PUBLIC SAFETY OFFICERS’ BENEFITS PROGRAM, BUREAU OF JUSTICE ASSISTANCE ADDRESS: 633 INDIANA AVENUE, N.W. WASHINGTON, D.C. 20531 PHONE: 1-888-744-6513
VI. BENEFITS FOR NON-FEDERAL LAW ENFORCEMENT OFFICERS CONTACT: OFFICE OF WORKER’S COMPENSATION PROGRAM ADDRESS: P. O. BOX 37717 WASHINGTON, D.C. 20013-7117
VII. STATE OF MARYLAND VICTIM COMPENSATION CONTACT: ALLEGANY COUNTY STATE’S ATTORNEY’S OFFICE ADDRESS: 59 PROSPECT SQ. CUMBERLAND, MD 21502 PHONE: 301-777-5962
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VIII. EMPLOYEE PAY/VACATION/SICK LEAVE CONTACT: CUMBERLAND CITY PERSONNEL OFFICE ADDRESS: 57 N. LIBERTY STREET CUMBERLAND, MD 21502 PHONE: 301-759-6415
IX. FRATERNAL ORDER OF POLICE, LODGE 90 CONTACT: FRATERNAL ORDER OF POLICE, LODGE 90 PRESIDENT ADDRESS:
PHONE: 301-240-580-0751
X. DEPARTMENT OF VETERANS’ AFFAIRS VETERANS’ BENEFITS CONTACT: DEPARTMENT OF VETERANS’ AFFAIRS ADDRESS: 941 NORTH CAPITOL STREET, N.W. WASHINGTON, D.C. 20421 PHONE: 202-872-1151
XI. HEROES, INC. CONTACT: HEROES, INC. ADDRESS: 719 TENTH STREET, N.W. WASHINGTON, D.C. 20001 PHONE: 202-638-2770
XII. MAKE SURE SURVIVORS HAVE THE FOLLOWING FORMS AVAILABLE
1. MARRIAGE LICENSE 2. CERTIFIED COPY OF DEATH CERTIFICATE 3. CERTIFIED COPY OF CHILD(REN)’S BIRTH CERTIFICATES 4. PHYSICIAN’S STATEMENT 5. DECEASED EMPLOYEE’S W2 FORMS FOR CURRENT YEAR
XIII. WEBSITES 1. http://www.ojp.usdoj.gov/BJA/grant/psob/psob_death.html#c 2. http://www.nationalcops.org/
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M.I.L.E.S. Message to Allied Agencies
To: All Law Enforcement agencies Nationwide & Canada Ref: Funeral Arrangements. Officer______Cumberland Police Officer killed in the line of duty as a result of______at ____hours.
Viewing:
Viewing will be held at ______Funeral Home, City, State, County, telephone number ______On ______(date)____, from ______(hours). Directions to the funeral home are as follows:
Services & Interment:
Funeral services will be held on______At ______Hours at______church, Street, City, State. Interment will follow at the ______Cemetery, Route ______County, State.
Directions to the Church are as follows:
All law enforcement agencies attending the funeral are asked to stage at ______arriving no later than ______hours on ______. A procession will leave the staging area and proceed to the ______(church/funeral home.)
Directions to the staging area are as follows:
All Law Enforcement Agencies with representatives attending the funeral are requested to FAX the below listed information to the Cumberland Police Department at FAX number 301-759-6544 by _____hours on ______. - number of personnel attending - number of vehicles to be in the procession
Out of State Law Enforcement Personnel: Lodging: Lodging is available at the following locations. Hotels/Motels.______
In lieu of flowers, donations may be forwarded to: ______Action Plan Name Month, Day, year
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A. Background: Cumberland Police Officer______was killed in the line of duty as the result of ______on ______(location) at_____(hours). Officer______will be honored with full police honors at his funeral as outlined below.
B. Viewing: Viewing will be held at ______Funeral Home, ______Address, Telephone ______on ______, from hours to ______. Directions to the Funeral Home are as follows.
C. Services & Interment: Funeral services will be held on (Date)______at (Location) ______Hours at______. Interment will follow at the ______Cemetery, at (Location) ______. Directions to the church are as follows:
D. Staging Area for Law Enforcement Personnel All law enforcement agencies attending the funeral will stage at ______(location), arriving no later than ______(hours), on ______(date). Light refreshments may/will be served A motorcade procession will leave the ______and proceed to the cemetery, Directions to the staging area are as follows:
E. Reception Following interment, a reception will be held for all individuals attending the funeral at the ______. Directions to the reception are as follows:
FUNERAL TASK LIST
TASK/RESPONSIBILITY / DESIGNEE / PHONE #
Detail Commander / ______/ ______Assistant Detail Commander / ______/ ______Family Liaison / ______/ ______Honor Guard / ______/ ______Color Guard / ______/ ______Casket Watch / ______/ ______Family Escort / ______/ ______Staging Area/ ______/ ______Location, Date & Time / ______/ ______Parking / ______/ ______Traffic Control / ______/ ______Refreshments / ______/ ______330
Briefing and Inspection / ______/ ______Processional Motorcade to Church / ______/ ______Cemetery Service / ______/ ______Formations / ______/ ______Fly-over / ______/ ______Last Call / ______/ ______Bagpipes / ______/ ______Honor Guard and Flag / ______/ ______Presentation / ______/ ______Command Post and Communications / ______/ ______Media Control and Liaison / ______/ ______Out-of –State Liaison Officer / ______/ ______Reception / ______/ ______Political Liaison / ______/ ______Thank You Preparation / ______/ ______Debriefing & Critique / ______/ ______
Unit Supervisors
1 Family Liaison Officer 2 Honor Guard 3 Color Guard 4 Casket Watch 5 Escort Family 6 Staging Area 7 Briefing and Inspection 8 Processional Motorcade 9 Traffic Control Plan 10 Formation at Church 11 Church Service 12 Cemetery Service 13 Formation at Cemetery 14 Media Control and Liaison 15 Out-of-State Officer Liaison 16 Command Post and Communications 17 Reception 331
Death Benefits
Human Resources Division at City Hall and the FOP Lodge 90 will be contacted immediately upon notification of the death of an employee. The Retirement Coordinator will determine the applicable death benefits payable to the beneficiary/family of the deceased employee. An appointment will be made to discuss applicable death benefits and complete necessary claim forms. The following outline depicts typical employee death benefits and may vary by the individual involved and the circumstances surrounding the employee/retiree’s death. The benefits listed below are informational only, and should not be used to quote benefits for survivors.
I. Active Sworn Personnel, Off-Duty Death (Not Duty Related)
A. Maryland State Retirement System
B. City of Cumberland Payroll Officer’s estate entitled to payment for hours worked and accumulated unused leave.
II FOP lodge 90 entitlements
III City Term Life Insurance.
IV Active Sworn Personnel (Death Resulting from Performance of Duty)
A. U. S. Department of Justice.
1. Per the Public Safety Officer’s Act, and upon approval by the U.S. Department of Justice, a lump sum benefit of $134, 571 may be paid.
B. State of Maryland
Under Article 41 Section 4-1002 of the Annotated Code of Maryland, the spouse of a law enforcement officer who is killed in the line of duty is eligible for a $50,000 death benefit. If there is no spouse, then the children under age 18 are eligible for a $50,000 benefit to be divided equally among each. If there is no spouse or children, then the benefit is payable to dependent parents. They are defined as living with the officer and supported by the officer prior to his/her death. If there are no eligible survivors, no death benefit will be paid. Included in Article 41 is a funeral benefit not to exceed $ 10,000 payable if a law enforcement officer, firefighter, or rescue squad member is killed in the line of duty. The funeral benefit provided by this benefit will be reduced by the amount of any related Workers Compensation Commission benefits paid under the provisions of the Labor and Employment Article.
C. Workers Compensation Commission
In accordance with Section 36 Subsection 7 of Article 101 the widow of a deceased officer is entitled to certain benefits. 332
D. Health Care Benefits.
Resource List
Funerals arising from a line-of-duty death require in-depth planning and organization in a relatively short amount of time. In order to successfully accomplish all of the tasks necessary, a Commander must rely on resources seldom used in routine situations. The following list is provided to assist the Commander in developing those resources. Identifying contact persons from the various organizations within your area of responsibility before they are needed will save countless hours when time is at a premium.
Cumberland Police Department
FOP Lodge 90 Cumberland City Government (City Hall personnel services) Fire Department, Street Department Chaplain Human Resources Division
Governments: Allied Police Agencies County Roads. National Guard Local Political Leaders Governor’s Office SHA
Civil Organizations: Churches Volunteer Fire Departments Auxiliary Organizations Moose & Elk Lodges Kiwanis Club Rotary Club Media
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55.2.7 NOTIFYING NEXT OF KIN: DECEASED, SERIOUSLY INJURED OR SERIOUSLY ILL
A. Notification of next of kin of deceased, seriously injured, or seriously ill persons shall be accomplished in a prompt and considerate manner.
1. Notification of next of kin shall be made by a supervisor.
2. Whenever possible, assistance should be obtained from the clergy or a relative or close friend.
B. Requests for notification made by other agencies shall be confirmed, preferably by teletype.
1. If possible, a representative from the requesting agency should accompany the officer from this agency that is making the notification.
C. These procedures shall apply for both crash and non-crash situations.
55.3 DOMESTIC VIOLENCE
55.3.1 DOMESTIC VIOLENCE
I. Purpose
The nature and seriousness of crimes committed between family or household members are not mitigated because of the relationships or living arrangements of those involved. It is the intent of this policy to prescribe courses of action which police officers should take in response to domestic violence that will enforce the law while also serving to intervene and prevent future incidents of violence.
II. Policy
It is the policy of the Cumberland Police Department to:
A. Reduce the incidence and severity of domestic violence;
B. Protect victims of domestic violence and provide them with support through a combination of law enforcement and community services;
C. Promote officer safety by ensuring that officers are fully prepared to respond to and effectively deal with domestic violence calls for service.
III. Definitions
A. Abuse
1. An act that causes serious bodily harm;
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2. An act that places a person eligible for relief in fear of imminent bodily harm;
3. Battery or assault and battery;
4. Rape or sexual offense as defined by Maryland Criminal Laws Annotated, Title 3, Subtitle 3, §3-301 or attempted rape or sexual offense;
5. False imprisonment;
6. Child abuse as defined in Maryland Criminal Laws Annotated, Title 3, Subtitle 6, §3-601; or
7. Abuse of a vulnerable adult; vulnerable adult is defined as, “an adult who lacks physical or mental capacity to provide for the adult’s daily needs”
B. Victim
1. A current or former spouse;
2. An individual who has a child in common with the abuser (even if not married and living separately);
3. A cohabitant -- someone who has lived with the abuser as a sexual partner in the same home for at least ninety (90) days during the past year;
4. A person who is related to the abuser by blood, marriage, or adoption;
5. A parent, step-parent, child, or step-child who has lived with the victim or abuser for at least ninety (90) days in the past year; and
6. A vulnerable adult.
IV. Dispatcher’s Procedures
The dispatcher who receives a domestic violence call can provide the responding officers with vital information that could save the victim’s and the officer’s life. The dispatcher will give a domestic violence call the same priority as any other life-threatening call and will, whenever possible, dispatch at least two (2) officers to every incident.
A. In addition to information normally gathered, an effort should be made to determine and relay the following to the responding officers:
1. Whether the suspect is present and, if not, the suspect’s description and possible whereabouts;
2. Whether weapons are involved;
3. Whether the offender is under the influence of drugs and/or alcohol;
4. Whether there are children present;
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5. Whether the victim has a current protective or restraining order; or
6. Complaint history at that location.
B. Dispatchers shall not cancel police response to a domestic violence complaint based solely on a follow- up call from the residence requesting such cancellation. However, the dispatcher shall advise the officers of the complaint’s request.
V. Responding Officer Procedures
A. On Scene Investigation
When responding to a family violence call, the officer shall:
1. Restore order by gaining control of the situation;
2. Seizure of all weapons used or threatened to be used in the crime. A receipt should be left with the owner of the weapons seized;
3. Assess the need for medical attention and call for medical assistance if indicated;
4. Interview all parties;
5. After each party has been interviewed, responding officers should confer to determine if an arrest should be made or whether other action(s) should be taken;
6. Collect and record evidence and, where appropriate, take color photographs of injuries and property damage;
7. Complete appropriate crime or incident reports necessary to fully document the officer’s response, whether or not a crime was committed or an arrest was made;
a. Whether or not the parties are married, live together, or have been married or lived together in the past.
b. The underlying cause of the violence. For example, finances, alcohol, sex, infidelity, children, etc.
c. Extent and nature of injuries.
8. If the offender has left the scene and a crime has been committed, the officers will:
a. Conduct a search of the immediate area; and
b. Obtain information from victims and witnesses as to where the offender might be.
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c. If the offender is not located, investigating officer shall file an application for Statement of Charges before the officer ends his/her tour of duty.
9. Interview victim and complete Lethality Assessment Form.
B. Arrest
1. Officers will make an arrest when probable cause and legal authority exist to make an arrest under the Domestic Abuse Law. Field release and issuance of a citation are not permitted in domestic violence cases when grounds for an arrest are present.
2. Probable cause to make the arrest exists when:
a. The person battered a cohabitant or other individual with whom the person ` resides; (CR2-204)
b. The report to which the officer is responding was made within 48 hours of the alleged incident;
c. There is evidence of physical injury. Examples of physical injury would be cuts; bleeding from the lips, nose, or facial area; obvious red area, reflecting striking or kicking; marks suggesting violent contact (imprints of fingers on legs or arms); pulled hair.
d. The final requirement for an arrest is that, if the subject is not apprehended, he/she may cause injury to another person or damage property of another and/or may tamper with or destroy evidence. If the first three (3) elements exist, this requirement is typically satisfied.
3. In addition, officers will make an arrest with or without a warrant and take into custody a person whom the officer has probable cause to believe is in violation of an ex-parte order or protective order at the time of the violation.
4. The officers should emphasize to the victim and the offender that the criminal action is being initiated by the State and not the victim.
5. When an arrest warrant is issued by District Court in a domestic violence case, the service of the warrant should be a priority, and every effort should be made to make an arrest as quickly as possible.
C. Victim Assistance / Crime Prevention
Many victims of domestic violence feel trapped in violent relationships because they are unaware of the resources available to help them or that domestic violence is a crime. Also, the offenders may have threatened further violence if the victim attempts to leave or seek assistance. Officers are therefore required to provide the following assistance to victims, batterers, and, where appropriate, the children:
1. Advise all parties about the criminal nature of family violence, its potential for escalation, and what help is available;
2. Secure medical treatment for victims; 337
3. Insure the safety of the children;
4. Remain on the scene until satisfied that there is no threat to the victim;
5. Remain on the scene to preserve the peace as one person removes personal property;
6. Provide the victim(s) with referral information for legal or social assistance and support.
7. Complete the Lethality Assessment Form.
55.3.2 OFFICER INVOLVED DOMESTIC VIOLENCE
I. PURPOSE
This policy recognizes that the profession of law enforcement is not immune from members committing domestic violence against their intimate partners. The purpose of this policy is to establish procedures for handling acts of domestic violence committed by police officers and for implementing prevention strategies. This policy will provide police executives, officers, and all department employees guidance in addressing incidents where one (or more) party to a reported domestic violence incident is an employee, whether sworn or civilian, of any rank in the department.
II. POLICY STATEMENT
This policy offers a comprehensive, pro-active approach to domestic violence by police department employees with an emphasis on victim safety. It delineates a position of zero tolerance by the department. It is imperative to the integrity of the profession 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. In the process of implementing this policy, the department should review the records of all employees to determine whether convictions for qualifying misdemeanor crimes of domestic violence (MCDV) or valid protection orders exist. If an employee is found to have a MCDV or is the subject of a qualifying protection order, the city attorney shall be consulted immediately regarding continued employment or duty assignment.
Federal law prohibits police officers convicted of qualifying misdemeanor domestic violence crimes from possessing firearms.
Officers found guilty of a qualifying domestic violence crime through criminal proceedings shall be terminated.
III. DEFINITIONS
“Domestic violence” refers to an act or pattern of violence perpetrated by a police officer upon his or her intimate partner not done in defense of self or others, including but not limited to the following:
• Bodily injury or threat of imminent bodily injury
• Sexual battery
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• Physical restraint
• Property crime directed at the victim
• Stalking
• Violation of a court order of protection or similar injunction
• Death threats or death
An “intimate partner” of a police officer is any person who meets one or more of the following criteria:
• Is or was legally married to the police officer
• Has a child in common with the police officer
• Has or had a dating relationship with the police officer
• Is specified as an intimate partner by state law
• Is cohabitating or has cohabitated romantically with the police officer
“Protection order” refers to any injunction or other order issued by a court, including criminal or civil orders of protection, regardless of form, content, length, layout, or name (such as stay away, restraining, criminal, and emergency or temporary protection orders or injunctions), issued for the purpose of preventing the following:
• Violent or threatening acts against another person
• Stalking or harassment of another person
• Contact or communication with another person
• Physical proximity to another person
IV. PROCEDURES
While prioritizing the safety of victims, this policy is designed to address prevention through hiring and training practices, provide direction to supervisors for intervention when warning signs of domestic violence are evident, institutionalize a structured response to reported incidents of domestic violence involving officers, and offer direction for conducting the subsequent administrative and criminal investigations. Components of the policy include:
A) Prevention and Training
B) Early Warning and Intervention
C) Incident Response Protocols
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D) Victim Safety and Protection
E) Post-Incident Administrative and Criminal Decisions.
A. PREVENTION AND TRAINING
The department will adhere to a zero-tolerance policy towards police officer domestic violence and will not tolerate violations of the policy. The department will provide ongoing training to every officer on domestic violence and the zero-tolerance policy throughout all phases of the police officer’s career.
1) Prevention Through Collaboration
a) Through ongoing partnerships with local victim advocacy organizations the department shall develop domestic violence curricula and train officers in order to enhance the officers’/agency’s response to victims.
b) The department shall provide local domestic violence victim advocacy organizations copies of all domestic violence training curricula, protocols and policies for review and possible revision.
2) Training Topics
Upon implementation of this policy, all officers shall receive comprehensive mandatory instruction covering the following topics:
a) Understanding Domestic Violence
b) Departmental Domestic Violence
1. Response Protocol
c) Warning Signs of Domestic Violence by Officers
d) Victim Safety
e) Federal Domestic Violence Laws
3) Ongoing Training
Departments shall use a variety of training techniques including in-service, roll-call, FTO, ride- alongs, and training bulletins to regularly reinforce standards of effective response protocol.
4) Program Evaluation
To enhance the effectiveness of the training, departments should work with internal or external research resources to evaluate the training and its impact.
B. EARLY WARNING AND INTERVENTION
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1) Pre-Hire Screening and Investigation
a) The department shall conduct thorough background investigations of all potential new employees using address history, driver’s record, protection order database and a search on IADLEST.
b) All candidates shall be asked if they have engaged in or been investigated for domestic violence and asked about any past arrests, suspended sentences, diversion programs, convictions, and protection orders related to elder abuse, child abuse, sexual assault, stalking, or domestic violence.
c) Those candidates with a history of perpetrating violence (to include: elder abuse, child abuse, sexual assault, stalking, or domestic violence) should be screened out at this point in the hiring process.
d) Candidates shall be clearly informed of the department’s position of zero tolerance concerning domestic violence by officers.
2) Post Conditional Offer of Employment
a) The psychological screening of all viable candidates will focus on indicators of abusive tendencies in theft background.
b) The department should strongly consider a no-hire decision in the case of a candidate with tendencies indicative of abusive behavior.
3) Post-Hire Intervention
a) When new officers are hired, the department shall reach out to their intimate partners/family members to introduce this policy and other relevant department policies.
b) Departments should engage in periodic outreach to officers and their intimate partners/family members with information on this policy, the point of contact within the department and referrals for local support services.
4) Department Responsibilities
a) The department shall develop cross-jurisdictional MOUs to ensure timely notification of an incident involving an officer.
b) The department shall, either in response to observed warning signs or at the request of an officer, intimate partner, or other family member, provide non-punitive avenues of assistance before an act of domestic violence occurs.
c) The department shall inform officers of the procedure for seeking confidential referrals, either internally or externally, to confidential counseling services.
d) A disclosure on the part of any officer, intimate partner or family member to any member of the department that an officer has personally engaged in domestic violence will be treated as an admission or report of a crime and shall be investigated both administratively and 341
criminally.
5) Supervisor Responsibilities
a) Supervisors shall be cognizant of and document any pattern of abusive behavior potentially indicative of domestic violence including but not limited to the following:
1) Aggressiveness
(a) Excessive and/or increased use of force on the job
(b) Stalking and inappropriate surveillance activities
(c) Unusually high incidences of physical altercations and verbal disputes
(d) Citizen and fellow officer complaints of unwarranted aggression and verbal abuse
(e) Inappropriate treatment of animals
(f) on- or off-duty officer injuries
2) Domestic violence-related issues
(a) Monitoring and controlling any family member or intimate partner through such means as excessive phone calling
(b). Stalking any intimate partner or family member
(c) Discrediting and/or disparaging an intimate partner
3) Deteriorating work performance
(a) Tardiness
(b) Excessive absences
(c) Alcohol and drug abuse
b) When the supervisor notes a pattern of problematic behavior (as detailed above), the supervisor shall:
1) Address the behaviors through a review or other contact with the officer and document all contacts
2) Forward written reports capturing the behaviors to the Chief through the chain of command in a timely manner to determine discipline as warranted
3) Prepare and submit to the Chief a written request for a psychological exam/ counseling by 342
a psychologist/psychiatrist who is knowledgeable about domestic violence.
4) When warranted, request the Chief order an officer to seek assistance from a certified program for batterers, and if such a program is not available, a counselor knowledgeable about domestic violence.
6) Police Officer Responsibilities
a) Officers are encouraged to take personal responsibility in seeking confidential referrals and assistance from the department to prevent a problem from escalating to the level of criminal conduct against an intimate partner.
b) Officers who engage in the following actions will be subject to severe discipline up to and including dismissal:
(1) Failure to report knowledge of abuse or violence involving a fellow officer
(2) Failure to cooperate with the investigation of a police officer domestic violence case (except in the case where that officer is the victim)
(3) Interference with cases involving themselves or fellow officers
(4) Intimidation/coercion of witnesses or victims (i.e., surveillance, harassment, stalking, threatening, or falsely reporting)
c) Officers who learn they are the subject of a criminal investigation, regardless of jurisdiction, are required to immediately make a report to their supervisors and provide notice of the court dates, times, appearances, and proceedings. Failure to do so may result in severe discipline up to and including dismissal.
d) Officers who learn they are the subject of any protective order proceeding, whether or not the order is issued and regardless of jurisdiction, shall immediately notify their supervisor and provide a copy of the order, if issued. If subject to a qualifying protection order, the officer shall surrender all firearms unless department policy allows for possession of the primary service weapon. Failure to do so may result in severe discipline up to and including dismissal.
C. INCIDENT RESPONSE PROTOCOLS
1. Department-wide Response
a) The department shall accept, document, and preserve all calls or reports, including those made anonymously, regarding domestic violence as on-the-record information.
b) 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.
c) The on-scene supervisor shall forward a copy of the report alleging domestic violence by the officer to the Chief through the chain of command.
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d) All such incident reports shall be made available by the department to the victim without cost.
2. Communications Response
a) Communications officers/dispatchers shall be instructed to assign a high priority to all domestic violence calls, including those that involve or appear to involve a police officer of any department.
b) Communications officers/dispatchers shall immediately notify the supervisor on duty and the dispatch supervisor of any domestic violence call received that involves, or appears to involve, a police officer, regardless of the involved officer’s jurisdiction.
c) Communications officers/dispatchers shall prepare and preserve documentation of the facts and circumstances of the call, including the 911 tape, for use in potential administrative or criminal investigations.
d) Communications officers/dispatchers shall have available current contact information of local domestic violence victim advocacy organizations for on-scene supervisors to provide to victims.
3. Patrol Response
a) Upon arrival on the scene of a domestic violence call or incident involving a police officer, the primary patrol unit shall immediately notify dispatch and request a supervisor of higher rank than the involved officer report to the scene, regardless of the involved officer’s jurisdiction.
b) The responding officers shall perform the following actions:
(1) Obtain needed medical assistance
(2) Address the immediate safety of all parties involved
(3) Secure the scene and preserve evidence
(4) Note all excited utterances, admissions and/or incriminating statements
(5) Make an arrest if probable cause exists
4. On-Scene Supervisor Response
a) A supervisor of higher rank shall report to the scene of all police officer domestic violence incidents including a police officer, regardless of the involved officer’s jurisdiction.
b) The on-scene supervisor shall 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.
c) The supervisor shall inquire as to the safety of all children present at the time of the incident and all children in the household. As appropriate and necessary, the children should be interviewed separately from other parties.
344 d) In cases where probable cause exists, the on-scene supervisor shall ensure an arrest is made. e) If the alleged offender has left the scene and probable cause exists, the supervisor shall perform the following actions:
(1) Exhaust all reasonable means to locate the alleged offender
(2) Ensure that an arrest warrant is sought, if unable to locate the alleged offender
(3) Document all subsequent actions in a timely manner f) In the event that the victim has left the scene, the supervisor shall make every effort to follow through on the investigation and attempt to locate the victim. g) Arrest of both parties involved in a domestic violence incident should be avoided. The supervisor shall ensure that a thorough investigation is conducted and an arrest of the dominant aggressor is made in accordance with state law. h) Whenever an officer is arrested, the supervisor shall relieve the accused officer of all service weapons regardless of whether the officer is a member of the responding department. i) Where allowable under federal, state, or local ordinances, all other firearms owned or at the disposal of the accused officer shall be seized for safety reasons. j) The Shift Supervisor shall remove any firearms from the home for safekeeping. k) The on-scene supervisor shall ensure the victim is informed of the following:
(1) The judicial process and victim rights
(2) The department’s policy on police officer domestic violence, procedures and cross- jurisdictional responsibilities as they apply
(3) The standard of probable cause for arrest
(4) Procedures for obtaining protective orders
(5) Victim compensation
(6) The availability of an on-scene advocate from Family Crisis Resource Center
(7) The availability of confidential transportation to a location that can provide improved victim safety
(8) Community resources and local domestic violence victim service
(9) The option to remove firearms for safekeeping l) Whenever a police officer involved domestic violence call does not result in an arrest or a warrant is not sought, the on-scene supervisor shall explain in a written report.
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m) The on-scene supervisor shall notify the Chief and the accused officer’s immediate supervisor as soon as possible. In the event that the officer is from another jurisdiction, the supervisor shall ensure that the accused officer’s agency head is notified. All notifications, and attempts to notify, shall be fully documented.
5. Additional Critical Considerations
(a) When responding to a domestic violence complaint involving a police officer from another jurisdiction, all responding officers, investigators, and supervisors shall follow the same procedures that are to be followed in responding to a domestic violence complaint involving an officer from their own department.
(b) In the event that the reported incident involves the Chief of Police or commissioner, the supervisor shall immediately notify the state’s attorney and the individual in government who has direct oversight for the Chief, for example, the City Administrator.
(c) In responding to domestic violence incidents where the victim is a police officer, standard domestic violence response and investigation procedures should be followed.
(d) In responding to domestic violence incidents where the parties involved are both police officers, standard domestic violence response and investigation procedures should be followed. After probable cause and dominant aggressor are determined, an arrest should be made and all service weapons of the accused officer confiscated. If a protective order is issued against an officer, additional firearm seizure may be required under state law.
6. Department Follow-Up
(a) In a timely manner, the Chief shall ensure that all officers who responded to a police officer domestic violence call are debriefed. The debriefing shall include the following:
(1) A review of department confidentiality guidelines
(2) Direct order prohibiting discussion of the incident outside of the official inquiry
(3) A clear delineation of assignments
(b) Follow-up investigators shall proactively seek out information on existing protective orders and, if found, shall enforce them and any applicable state and federal firearms laws and determine whether the officer violated department policy by failing to report the protective order.
(c) Arrest warrants charging police officers with domestic violence and protective orders issued at a later time shall be served by no fewer than two officers with at least one being of senior rank to the officer being served. In cases where firearms have not previously been seized, firearms shall be seized if allowed by the department and decisions about service weapons will be made.
(d) In the event the protection order expires or the victim asks that it be discontinued, the department shall still conduct a thorough administrative investigation.
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(e) Following the reported incident, the department shall designate a member of the command staff to perform the following duties:
(1) Conduct a Lethality Assessment of the accused officer to determine the potential for further violence and inform the victim of the possibility of danger regardless of the outcome of the assessment
(2) Act as a principal point of contact to keep the victim apprised of all developments
(3) Ensure that safety planning and Lethality Assessment is made available to the victim
(4) Report the findings of the Lethality Assessment to the Chief who will make decisions concerning appropriate sanctions, administrative actions, and referrals for the accused officer
D. VICTIM SAFETY AND PROTECTION
1) The department shall work with community resources and advocacy agencies to connect victims and their children with appropriate services.
2) The command staff designated as principal contact for the victim, shall inform the victim of confidentiality policies and theft limitations, and ensure that confidentiality is maintained throughout the case.
3) All officers shall be aware of possible victim/witness intimidation or coercion and the increased danger when the victim leaves an abusive partner. The designated principal contact shall assist the victim and children in safety planning and caution the victim to be alert to stalking activities.
4) If an officer suspects intimidation or coercion of the victim/witness is occurring, the officer shall prepare a written report to be delivered immediately to the investigator in charge of the case through the chain of command.
(a) In order to determine whether the victim/witness is being intimidated or coerced, the investigator in charge shall seek out secondary sources of information.
(b) Given the possibility that a victim will recant or choose not to participate in court proceedings, supplemental evidence shall be sought out and preserved.
E. POST INCIDENT ADMINISTRATIVE AND CRIMINAL DECISIONS
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, union, and legal rights are upheld during the administrative and criminal investigations.
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1) Administrative Investigations and Decisions
The responsibility to complete the administrative investigation of a police officer domestic violence incident shall rest with the Internal Affairs Division of the department, or in the event that no such unit exists, the Chief shall appoint an experienced investigator. The Chief may ask an outside law enforcement agency to conduct the administrative investigation.
(a) Regardless of whether an arrest was made on scene, the investigating official shall conduct an independent, comprehensive administrative investigation using standard elements of criminal investigations. Victims and witnesses shall be re-interviewed and their statements recorded; crime scene evidence, photographs, and medical records accessed; and 911 tapes requested.
(b) Where sufficient information/evidence exists, the department shall take immediate administrative action against the accused officer that may include removal of badge and service weapons, reassignment, sanctions, suspension, or termination.
(c) When an investigation of an incident uncovers officers who had knowledge of violence on the part of another officer but failed to notify the department or engaged in actions intended to interfere with the investigation, the department shall investigate those officers and take disciplinary action and criminally charge as warranted.
(d) If administrative policies and/or administrative orders of protection are violated or sufficient concern exists regarding a violation, the department shall initiate an independent administrative investigation, seize firearms as allowed under department policy as soon as practicable, and take disciplinary action up to and including dismissal.
(e) In determining the proper course of administrative action, a department shall consider factors including the level of danger an officer poses as indicated by the outcome of the Lethality Assessment of the officer, the officer’s history of compliance with departmental rules, prior written or verbal threats, history of aggressive behaviors, and existence of an alcohol or substance abuse problem.
(f) If the accused officer is assigned enforcement duties while the administrative and/or criminal investigations are under way, those duties should not include response to domestic violence calls.
(g) If the department determines through an administrative investigation that the officer violated department policy, regardless of whether the officer pled nolo contendere in response to criminal charges, the department may employ the full range of administrative sanctions. Any officer determined through an administrative investigation to have committed domestic violence shall be terminated from the department.
2) Criminal Investigations and Decisions
The responsibility to complete a criminal investigation of an incident of police officer domestic violence shall rest with the domestic violence unit of the department, or in the event that no such unit exists, the criminal investigations unit or detective division. The Chief may ask an outside law enforcement agency to conduct the criminal investigation.
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(a) The investigating official shall conduct criminal investigations as would be the case for any other criminal violation.
(b) In accordance with the officer’s and victim’s privacy rights, the investigating official or agency shall conduct sufficient interviews (taped) of family members, friends, neighbors, colleagues, and others who may have information regarding criminal charges.
(c) Even though an initial report may already exist concerning a police officer, reports of any subsequent or additional criminal or non-criminal incidents, which may include fellow officers engaging in surveillance or intimidation of the victim, shall be documented in separate incident reports, assigned a case number, cross-referenced with the original case number and investigated thoroughly.
(d) The department shall completely investigate the charges and where warranted seek prosecution even in cases where the victim recants.
(e) The department shall establish a liaison to work with the prosecuting attorney for each case. This officer shall present all the information to the prosecuting attorney for action and ask that decisions about the adjudication of the case be made in a timely manner.
(f) As with any other case for criminal prosecution, the investigating officer shall request filing of court papers/complaints.
(g) Any officer convicted through criminal proceedings of a domestic violence crime shall be terminated from the department.
3) Termination Procedures
(a) Upon the decision to terminate an officer, the Chief shall do the following in accordance with department policy and state law:
(1) Notify the officer, in writing, of the effective date of termination
(2) Inform the officer of available support services, to include counseling
(3) Ensure that the victim is notified in a timely manner and offered available assistance, to include safety planning
(4) Notify the Maryland Police and Corrections Training Commissions within 30 days and inform them of the reason for termination
(b) Federal law prohibits anyone convicted of a misdemeanor domestic violence crime from possessing firearms. The department shall ensure compliance with federal law.
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Cumberland Police Department
General Order #61 Subject: Traffic Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
61.1.1 Selective Traffic Enforcement 61.1.2 Procedures for Enforcement Action 61.1.3 Procedures for Special Persons 61.1.4 Information to Relay to Violator 61.1.5 Uniform Enforcement Policies 61.1.6 Visible Traffic Enforcement 61.1.7 Stopping and Approaching Violators 61.1.8 Officer Conduct & Violator Contacts 61.1.9 Use of Speed Measuring Devices 61.1.10 Alcohol Enforcement Countermeasures 61.1.11 Procedures for Serious Violation Arrests 61.1.12 Referring Drivers for Reexamination 61.1.13 Parking Enforcement 61.2.1 Crash Reports/Investigations 61.2.2 Type of Response to Crashes 61.2.3 Crash Scene Responsibilities 61.2.4 Follow-up Activities 61.2.5 Property Control of Crash Victims 61.2.6 Use of Crash Report Forms/Classification of Crashes 61.2.7 Motor Vehicle Crash Review Board 61.3.1 Traffic Engineering Activities 61.3.2 Procedures for Traffic Direction and Control 61.3.3 Escort Services 61.3.4 Roadblocks 61.3.7 Traffic Advisory Committee 61.4.1 Assistance to Highway Users 61.4.2 Hazardous Highway Conditions 61.4.3 Removal and Towing of Vehicles 61.4.4 Traffic Safety Educational Materials
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61.1 TRAFFIC ENFORCEMENT
61.1.1 SELECTIVE TRAFFIC ENFORCEMENT
A. The agency's selective traffic enforcement function will include procedures for analysis of traffic crashes, which will be based on geographic, temporal, and causative factors.
1. The analysis of traffic crashes will include location of crashes; day of week and hourly distribution of crashes; and causative factors, which may include type of vehicles, weather, and type(s) of violations.
B. The agency's selective traffic enforcement function will include procedures for analysis of traffic enforcement activities, which will be based on enforcement activity records.
C. The agency's selective traffic enforcement function will include procedures for implementation of selective enforcement techniques and procedures, which will include assigning officers to areas of greatest potential and actual need as identified by analysis of traffic records.
1. Officers may be assigned to line patrol or stationary observation to identify certain hazardous traffic law violations in select areas.
2. Selective enforcement activities will be based on analysis of the traffic crash statistics.
3. The analysis of traffic crashes should result in a consolidated summary for each patrol shift identifying high hazard areas, violations contributing to crashes, and the predominant times when crashes occur.
4. The agency's selective traffic enforcement function will include procedures for use of equipment.
a. Officers assigned to conduct traffic enforcement shall be trained in the use of RADAR and/or other speed measuring devices.
b. Officers assigned to DUI/DWI enforcement shall be trained in the detection, apprehension, and prosecution of intoxicated drivers and in the use of associated equipment, such as breath testing instruments
c. The agency may use certain and/or specially identified patrol vehicles exclusively for traffic enforcement.
D. Traffic enforcement personnel and/or patrol section personnel who have traffic enforcement functions shall be deployed based on an analysis of traffic crashes and traffic-related calls for services covering the most recent three-year period.
1. Crash experience shall be examined to provide data that include all seasons of the year and allow for variations that occur as a result of weather, population shifts, and monthly or seasonal changes in traffic volumes.
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E. The Deputy Chief or his designee shall conduct a monthly traffic analysis.
1. The Deputy Chief shall review these reports and will be responsible for an annual evaluation of the selective traffic law enforcement program.
a. The evaluation should attempt to ascertain the effectiveness of selective traffic law enforcement efforts and include a comparison of work required against work accomplished.
2. The traffic analyst should have skills necessary to conduct statistical analyses of crash and enforcement data and program evaluations.
3. Analysis should include:
a. Location of crashes,
b. Time of crashes,
c. Violation factors in crashes, as well as;
d. Speed and DUI/DWI enforcement using readily available information.
61.1.2 PROCEDURES FOR ENFORCEMENT ACTION
A. All sworn officers shall take appropriate enforcement action for each violation of the law witnessed or reported to them.
1. Enforcement action does not provide the officer a privilege to scold, belittle, berate or otherwise verbally abuse a traffic violator.
2. All enforcement actions will be accomplished in a firm, fair, impartial and courteous manner using a verbal warning, a written warning, a citation, or physical arrest, as outlined below.
3. Traffic stops are to be made based on probable cause of a violation. No stop is to ever be made based solely on race, religion, culture or ethnicity.
B. Officers will normally effect the physical arrest of any person in violation of those driving laws pertaining to driving while intoxicated or driving under the influence of intoxicants; reckless driving, when willful and wanton intent of the driver are elements of the offense; traffic offenses committed in the commission of other crimes; and other violations or circumstances which may be required by the agency and/or the court.
1. Officers of this agency will not transport intoxicated drivers to their home, except in extremely unusual circumstances, in which case the officer will prepare a written report to the shift supervisor.
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2. The decision to affect an arrest shall be based upon sound legal principles as opposed to peripheral issues such as the violator's "attitude".
C. The issuance of a traffic citation is applicable in the majority of cases for violators who jeopardize the safe and efficient flow of vehicular and pedestrian traffic, including hazardous moving violations, parking violations, and operating unsafe and/or improperly equipped vehicles.
D. A written warning is a proper alternative by officers in response to a minor traffic infraction committed in those areas where traffic crash experience is minimal.
1. Written warnings are also appropriate for those violations which occur within tolerance generally allowed by the agency and endorsed by the courts, if any.
61.1.3 PROCEDURES FOR SPECIAL PERSONS
A. The following procedures apply to certain classes of traffic law violators which require special processing, such as nonresidents of the agency's service area; juveniles; legislators; foreign diplomats/consular officials; and military personnel.
B. A minor misdemeanor traffic citation may be issued to a violator, whose signature shall act as a bond for the violation. (See General Order 1.2.5)
1. Failure to appear or pay for the citation can result in the suspension of the operator's license.
2. Mitigating circumstances may arise that would dictate another form of bond, including a reasonable belief that the offender will not appear in court or pay for the citation, that the offender cannot provide for his/her own safety, that the offender refuses to offer satisfactory evidence of his/her identity, that the offender refuses to sign the citation, or that the offender has previously failed to appear.
3. Non-residents of the State of Maryland who are residents of member states of the Non- Resident Violator Compact may sign their citation as personal recognizance.
a. Violators shall be advised that failure to comply with the terms of the citation will result in suspension of their license in their home state.
b. Violator compact states include: Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington, D.C., West Virginia and Wyoming.
4. Normal arrest/bonding procedures shall apply for violations of laws other than minor misdemeanors committed by non-residents. 354
C. Juveniles who have committed a minor misdemeanor traffic violation will not be placed in custody but will be issued a traffic citation. (See General Order 1.2.5)
1. Juveniles may be taken into custody for serious traffic offenses, such as DUI/DWI, vehicle homicide, driving under suspension or revocation, etc.
2. In all cases when a juvenile is taken into custody, the officer is responsible for notifying the juvenile's parent(s) (guardian(s)) as soon as practical. (See General Orders 44.2.1 and 44.2.2)
3. All other standards/directives dealing with juveniles shall be applicable to juvenile traffic violators.
D. Members of the United States Congress are immune from arrest during their attendance at the session of their respective houses, and in going to and returning from the same.
1. This section grants immunity from detention or arrest, but would not preclude the issuance of a citation.
E. If a Counselor Officer or Diplomatic Officer is stopped for a traffic violation, upon advising that he/she is a Consular or Diplomatic Officer and upon presenting the proper credentials, the officer should exercise discretion based on the nature of the violation and either let the driver proceed with a warning or issue a citation.
1. Issuance of a citation does not constitute an arrest or detention.
2. Violations involving serious offenses are sensitive situations and should be handled as diplomatically as possible.
a. The primary consideration should be to see that the driver is not a danger to himself or the public.
b. The officer may wish to provide an alternative form of transportation for the driver is he/she is incapable of continuing safely.
c. The official should not be handcuffed, subjected to any tests, or mistreated in any way.
d. It should be impressed on the driver that the officer's primary responsibility is to care for his/her safety and the safety of others.
3. In the event that a Consular or Diplomatic Officer or a member of their family or personal staff should become involved in any actions taken by members of this agency, the office of the Governor shall be immediately furnished with all pertinent information through the office of the Chief of Police.
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4. Diplomatic immunity, a principle of international law, is broadly defined as the freedom from local jurisdiction accorded to duly accredited diplomatic officers, their families, and servants.
a. Family members of diplomatic officers, their servants, and employees of a diplomatic mission are entitled to the same immunities under current U. S. law (22 USC 252) if they are not nationals of or permanently reside in the receiving state.
b. Diplomatic officers, which include ambassadors and ministers of a foreign government, Minister Counselor, Counselor, First Secretary, Second Secretary, Third Secretary, and Attache', their families, official staff, and servants, who are not nationals of or permanently resident in the receiving state, are protected by unlimited immunity from arrest, detention, or prosecution with respect to any civil or criminal offenses.
c. Consular officers, which include Consuls-General, Deputy Consuls-General, Consuls, and Vice-Consuls, are required to be treated with due respect and are entitled to limited immunities and are not liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority and their immunity from criminal jurisdiction is limited to acts performed in the exercise of consular functions and is subject to court determination.
5. Officers should also be aware of special procedures which apply to all foreign nationals, even if they are not entitled to diplomatic immunity or other courtesies. (See General Order 74.3.1)
F. If an officer has cause to come in contact with an "AWOL" or investigate a traffic collision involving a member of the armed forces (which include Regular members of the Army, Navy, Air Force, Marine Corps, and Coast Guard and reservists who are on active duty), officers shall adhere to the following procedures.
1. If a member of the armed forces is AWOL, the on duty supervisor shall notify the liaison officer of the nearest Armed Forces investigative headquarters division.
2. The liaison officer of the nearest Armed Forces investigative headquarters division shall also be notified when armed forces personnel are involved in a traffic crash and are either killed or injured to the extent that they require hospitalization.
a. This also applies to civilian employees of the armed forces while acting within the scope of their employment.
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61.1.4 INFORMATION TO RELAY TO VIOLATORS
A. Any citation issued to a traffic violator shall clearly indicate the Court will notify the violator of the trial date and time.
B. Any citation issued to a traffic violator shall clearly indicate whether or not a court appearance is mandatory.
C. Any citation issued to a traffic violator shall clearly indicate whether the defendant may be allowed to enter a plea and/or pay the fine by mail or at a traffic violations bureau.
1. The issuing officer shall advise the violator of the proper procedures and any other information necessary to allow the violator to dispose of the violation without appearing in court. This information can be found on the back of the blue copy of the citation.
2. The issuing officer shall advise the operator that failure to appear or pay the fine may result in the suspension their license in Maryland and/or in of the states who are members of the interstate compact.
a. Violator compact states include: Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington, D.C., West Virginia and Wyoming.
D. The defendant's copy of any traffic citation shall be completed by the officer prior to being presented to the violator.
1. The officer shall explain the citation to the violator and shall point out the court notifications; the indication(s) that an appearance is mandatory; the information indicating if a plea may be entered and how to dispose of the violation by mail or through District Court.
61.1.5 UNIFORM ENFORCEMENT POLICIES
A. The agency will adopt the following uniform policies regarding DUI/DWI countermeasures and enforcement.
1. The agency will take steps to train and equip its officers to detect and apprehend the drug/alcohol impaired driver.
2. Officers will be encouraged to file charges on drug/alcohol impaired drivers.
a. Officers should file a charge which establishes the probable cause for the initial contact with the violator.
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b. Officers will file a charge of DUI/DWI when the officer believes he/she has reasonable cause for the charge.
c. Any violator testing over the "per se" limit shall additionally have their license confiscated and sent to Maryland Motor Vehicle Administration, if the violator is a Maryland resident.
B. Officers frequently encounter drivers who are unable to produce a valid operator's license and who may be under suspension or revocation.
1. If the officer is certain that the violator's license has been suspended or revoked, the officer should arrest the driver.
a. The MILES printout will serve as sufficient evidence of the suspension or revocation.
C. The agency will adopt the following uniform policies concerning speed enforcement.
1. Officers may normally issue warnings for speed violations upon their discretion.
2. A violator exceeding the speed limit by ten to fourteen miles per hour may be warned or cited, dependent on the seriousness of the violation, on conditions and circumstances.
3. Officers will normally issue citations when a violator’s speed exceeds the speed limit when reasonable and prudent, taking in consideration existing conditions
4. The decision to warn or cite a violator will ultimately rely on an officer's judgment based on the conditions and circumstances at the time of the violation; however, hard, fast adherence to a set policy is not to be substituted for common sense or human understanding.
D. This agency will adopt a policy of aggressive enforcement of hazardous moving traffic violations, particularly in high hazard and high crash experience locations.
1. Consideration shall be given to the type of violation, the area of occurrence, the time of occurrence, the volume of traffic, and whether the violator was aware of the law or statute applicable to the infraction (e.g. improper right turn on red).
2. The decision to warn or cite a violator for a hazardous moving traffic violation will ultimately rely on an officer's judgment based on the conditions and circumstances at the time of the violation.
E. Officers will take appropriate action for violations they observe related to illegal on-road use, registration violations, equipment violations, and licensing violations committed by operators of off-road vehicles.
1. Upon complaints from citizens regarding excessive noise, trespassing, and/or property damage, officers will attempt to identify violators and file appropriate charges.
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2. In cases of trespass or property damage to private property, officers will advise complainants of the necessity to be willing to testify.
3. Officers dealing with juvenile offenders should take appropriate enforcement action for traffic law violations which may include criminal charges.
F. This agency will adopt a uniform enforcement policy for equipment violations.
1. When a vehicle is found to be in violation of several equipment requirements, a citation should be issued for the one most serious violation.
2. A citation should generally be issued when a fixture is missing of which the owner is obviously aware.
3. The decision to warn or cite a violator for an equipment violation will ultimately rely on an officer's judgment based on the conditions and circumstances at the time of the violation.
G. This agency will adopt a policy of aggressive enforcement of public carrier and commercial vehicle violations, particularly in high hazard and high crash experience locations.
1. Consideration shall be given to the type of violation, the area of occurrence, the time of occurrence, and the volume of traffic.
2. The decision to warn or cite a violator for a hazardous moving traffic violation will ultimately rely on an officer's judgment based on the conditions and circumstances at the time of the violation.
H. Officers will generally issue one citation in the case of related, multiple, non-hazardous violations stemming from the same operation.
1. Non-hazardous violations are defined as violations of laws or ordinances affecting the use or protection of streets or highways, but not enacted primarily to regulate safe movement of vehicles and pedestrians (e.g. registration violations, use of occupant safety devices).
2. The decision to warn or cite a violator for a non-hazardous moving traffic violation will ultimately rely on an officer's judgment based on the conditions and circumstances at the time of the violation.
I. The agency will adopt the following uniform enforcement policies for multiple violations.
1. Enforcement of hazardous violations will follow established warning and citation tolerances in multiple as well as single violations.
2. It is the exception rather than the rule for an officer to refrain from issuing a citation for a second hazardous violation when the violation is serious enough to fall within citation tolerances.
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3. A second citation should not be issued when one citation is an all-inclusive charge, such as reckless operation.
4. The decision to warn or cite a violator for multiple hazardous moving traffic violations will ultimately rely on an officer's judgment based on the conditions and circumstances at the time of the violation.
J. Officers will take enforcement action when their traffic crash investigation or reporting activities provide probable cause to believe that a law or ordinance has been violated.
1. More than one person involved in the crash may have contributed to the collision and therefore, more than one person may be cited/arrested/warned as a result of the crash reporting/investigation process.
2. Officer's specific enforcement actions arising from traffic crash investigation or reporting, e.g. physical arrest, citation, written warning, etc., will be consistent with the nature of the alleged violation and with this agency's policies concerning traffic law enforcement.
3. Before taking any enforcement action, the officer must establish all elements of the violation.
a. Elements that the officer has not personally witnessed must be established through investigation.
b. The investigation may include statements or admissions made by the alleged violator, statements of other witnesses, crash scene measurements, and other physical evidence.
K. Officers will take appropriate enforcement actions when and where pedestrian and bicycle violations are observed.
1. Enforcement actions should match the pedestrian and/or bicycle crash experience as determined through crash record analysis.
2. Prior to any substantial increase in pedestrian and/or bicycle enforcement, sufficient publicity and community awareness campaigns will be conducted by the agency.
3. With regard to pedestrian and bicycle traffic laws, the "spirit" of the law shall supersede the "letter" of the law and application be made accordingly.
4. Officers should be less tolerant with older offenders who should be aware of the hazards inherent in the unsafe operation of bicycles and, conversely, more lenient in the enforcement of the law and more instructive in the response to youthful offenders, who may not be fully aware of their responsibility in the safe operation of bicycles.
61.1.6 VISIBLE TRAFFIC ENFORCEMENT 360
A. Based on the principle that the most effective deterrent to traffic law violations is visible patrol in a marked vehicle, and in the interest of maintaining a posture of prevention as opposed to apprehension, traffic law enforcement activities will normally be conducted through visible traffic patrol.
1. Officers shall drive patrol vehicles in accordance with existing laws and in such a manner as to demonstrate proper, courteous driving behavior.
2. Area, line, or directed traffic patrol may be utilized to accomplish preventive/enforcement measures.
B. In those areas where fixed-post (stationary) observation is necessary to maximize the effectiveness of a selective enforcement effort, officers shall park in a conspicuous location and in such a manner that traffic flow is not impeded.
C. Unmarked or unconventional vehicles may be used for traffic law enforcement.
1. Traffic officers making stops should be in full uniform when enforcing traffic regulations.
61.1.7 STOPPING & APPROACHING VIOLATORS
A. Procedures for stopping and approaching traffic law violators and or persons using vehicles in or leaving the scene of a crime will be adopted by this agency to safeguard officers and the public.
1. Officers should use their own discretion and common sense in conducting vehicle stops and in approaching violators, therefore, the following procedures are to be used as guidelines for officer conduct and are certainly not all inclusive nor do they cover every conceivable situation an officer may face.
B. For the majority of vehicle stops, the following procedures should be utilized:
1. After the officer has identified the violator and has safely taken a position behind the violator, prior to actually beginning the stop, the officer should notify the communications center of the intended location of the stop, the license number and/or description, and the number of occupants.
2. The officer should plan a location to stop the violator with the intention of providing lighting, adequate space for the violator and the officer, and safety from other roadway traffic.
3. The officer should signal the violator with the cruiser's rotating lights and, if necessary, sounding the horn, siren, or using the public address system.
4. If traffic is heavy, the officer should assist the violator to the right side of the roadway by blocking traffic to provide a safe lane of travel for the violator. 361
5. If the violator stops abruptly, the officer should attempt to instruct the violator to move his/her vehicle to a safer location, possibly by using the public address system.
6. The officer should, in any case, position the cruiser in such a manner as to provide protection for the violator's vehicle, to provide maximum visibility for other users of the highway, and to provide safety and cover the for officer.
7. The officer should approach the vehicle in a manner that will allow him/her to keep visual contact with the occupant(s) of the vehicle.
a. When two officers are in the cruiser, the second officer will be responsible for communications and as a back-up to the initiating officer.
b. Although the spotlight and take-down lights should not be used to actually stop a violator, they can be effectively used after the violator is stopped to illuminate the violator's vehicle and provide a safe environment for the officer.
8. Any time an officer suspects furtive conduct or feels that he/she will need assistance, the officer should ask for a "back-up" and should plan to stop the vehicle after assistance has arrived and/or wait at their vehicle for cover until the back-up vehicle is in position.
C. Special procedures shall be utilized when stopping and approaching suspected or confirmed felony violators.
1. The officer should immediately inform the communications center of the location, thorough description of the vehicle and its occupant(s).
2. The officer will keep the suspect vehicle in view and request sufficient assistance to make the stop.
a. The officer will be responsible for keeping support units informed of the location and direction of travel to assist the other units in their approach.
3. The officer will not attempt to stop the suspect vehicle until support units are available and in position.
4. The officer will plan to stop the vehicle in a location which presents maximum safety to the officer (lighting, cover, "pinning in" the suspect vehicle while allowing access to support units, etc.) and presents minimal danger to the public.
5. When units are in position, the officer will initiate the stop, utilizing all available emergency lights, spot lights, "take-down" lights, high-beams, etc.; utilizing the horn or siren if necessary; and positioning the cruiser in a manner to provide maximum protection to the officer.
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6. When the vehicle is stopped, the officer in command should use the public address system to relay instructions to the occupant(s) of the vehicle and should have the occupants exit the vehicle one at a time.
a. The officer in command shall order each occupant away from the vehicle and shall direct the occupants toward an awaiting support unit, who will be responsible for searching and securing the suspect.
b. The officer in command and other officers at the scene should make sure they do not get within other officer's line of fire.
61.1.8 OFFICER CONDUCT & VIOLATOR CONTACTS
A. It is imperative that officers take proper enforcement action and attempt to alter favorably the violator's future driving habits.
1. Once an officer has stopped a violator and is about to communicate with him or her, officer-violator relations begin.
B. The following procedures will be used to minimize conflict between the officer and the violator and facilitate a professional process.
1. The officer will present a professional image in dress, grooming, language, bearing, and emotional stability.
2. The officer will be absolutely certain that the observations of the traffic violation were accurate, without reservation.
a. If there is any doubt, an officer should not make contact, and will not take enforcement action.
3. The officer shall have all necessary equipment and forms available and readily at hand, which may include citation and warnings, etc.
4. The officer shall greet the violator with an appropriate title and in a courteous manner.
5. The officer shall request the violator's operators license, vehicle registration, and any other documents the officer might need, such as the manifest for commercial violations, identification from accompanying driver if the violator is a probationary driver, and so on, but shall accept no other forms.
6. The officer shall inform the violator what traffic law he/she has violated and the intended enforcement action; the violator should not be kept in suspense.
a. The officer should allow the violator to discuss the violation but the officer will not argue, berate, or otherwise verbally abuse the violator.
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7. The officer will complete the forms required for the enforcement action.
8. The officer will check the driver for signs of physical impairment, emotional distress, and alcohol and/or drug abuse and shall take appropriate measures based on his/her assessment of the driver.
9. The officer will present the citation to the violator and explain the citation to ensure the violator understands what he/she must do in response to the citation, when and where to appear in court, if necessary, and the officer will return the violator's license, registration, and any other documents previously requested.
10. The officer will, if practical, assist the violator to reenter the traffic flow safely.
a. The officer shall not follow the violator, unless this is extremely impractical.
61.1.9 USE OF SPEED MEASURING DEVICES
A. Equipment specifications for speed measuring devices shall meet or exceed National Highway Traffic Safety Administration standards.
B. Officers having RADAR units in their vehicles or operating RADAR units shall use the following procedures.
1. The RADAR display unit shall be placed on the dash of the cruiser with the RADAR antenna placed next to it (never on top of it) and both units shall be firmly secured on the dash.
a. The "ECM", if supplied, should be placed in a convenient location.
b. No portion of the RADAR unit shall be placed in the trunk of the cruiser.
c. The RADAR antenna may be placed on the outside of a rear window and used as an external unit. It can also be placed wherever deemed appropriate for effective use.
d. At no time shall RADAR antennae be placed in a position pointing directly at an officer.
e. No RADAR antenna shall be placed in a position to adversely affect the airbag system.
2. Tuning forks shall be stored together in a secure location which is easily accessible.
3. The RADAR unit, if utilized, shall be plugged directly into a 12 VDC outlet and will not be "pigtailed" with other devices, to ensure a constant, uninterrupted voltage to the RADAR.
4. The RADAR operator will check the RADAR unit for calibration prior to beginning his/her patrol duties and will check the RADAR unit after any citation or warning is issued for a speed violation and again at the end of the RADAR operator's shift.
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a. The operator shall use the manufacturer's recommended practices, to include internal and external calibration checks of the instrument.
C. The RADAR operator will be responsible for the care of speed measuring devices, including taking the unit out of service if it does not meet calibration checks or otherwise appears to be inoperable.
1. The operator shall indicate the nature of the problem or defect and place the unit out of service.
2. If the RADAR unit is not working correctly and is placed out of service, a message shall be sent to the Senior RADAR Instructor.
D. Maintenance shall be routinely performed at least once a year and shall be performed more frequently, as needed.
E. Maintenance and calibration records for the speed measuring devices will be kept on file by the Senior RADAR Instructor.
F. RADAR training for any member of this agency shall consist of at least eight (8) hours of classroom and practical training provided by a qualified RADAR instructor, approved by the Maryland Police and Corrections Training Commission
1. The training certificate shall serve as proof of certification in the use of RADAR.
G. Officers having VASCAR units in their vehicles or operating RADAR units shall use the following procedures.
1. VASCAR units shall be calibrated prior to beginning any speed enforcement with the VASCAR unit.
a. The VASCAR units shall only be calibrated on certified VASCAR calibration courses.
b. There are four certified VASCAR calibration courses in the city. One course in each of the designated patrol areas of the city.
2. The VASCAR or RADAR unit shall be installed by a certified VASCAR or RADAR instructor or technician.
3. The VASCAR or RADAR operator will be responsible for the care of the device, including taking the unit out of service if it does not meet calibration checks or otherwise appears inoperable.
a. The operator shall indicate the nature of the problem or defect and place the unit out of service.
b. If the unit is not working correctly and is placed out of service, a message shall be sent to the VASCAR or RADAR instructor or technician.
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4. Maintenance shall routinely be performed at last once a year and shall be performed more frequently, as needed.
5. VASCAR training for any member of this department shall consist of at least twelve (12) hours of classroom and practical training provided by a qualified VASCAR instructor, approved by the Maryland Police and Corrections Training Commission.
6. A training card or certificate shall serve as proof of certification in the use of VASCAR.
H. Officers operating LASER units shall use the following procedures.
1. Laser units shall be calibrated prior to beginning any speed enforcement with the Laser unit.
a. The Laser units shall only be calibrated on certified Laser calibration courses.
2. The Laser unit, if utilized, shall be plugged directly into a 12 VDC outlet and will not be "pigtailed" with other devices, to ensure a constant, uninterrupted voltage to the Laser.
3. The Laser operator will be responsible for the care of the device, including taking the unit out of service if it does not meet calibration checks or otherwise appears inoperable.
a. The operator shall indicate the nature of the problem or defect and place the unit out of service.
b. If the Laser unit is not working correctly and is placed out of service, a message shall be sent to the Senior Laser Instructor.
4. Maintenance shall be routinely performed at last once a year and shall be performed more frequently, as needed.
5. Laser training for any member of this department shall consist of at least twelve (12) ours of classroom and practical training provided by a qualified Laser instructor, approved by the Maryland Police and Corrections Training Commission.
6. A training card or certificate shall serve as proof of certification in the use of Laser.
61.1.10 ALCOHOL ENFORCEMENT COUNTERMEASURES
A. This agency will fully support a comprehensive DUI/DWI countermeasures program and will establish DUI/DWI enforcement as one of its highest priorities.
B. The agency will take measures to train and equip its officers to prepare them to detect and apprehend the drug/ alcohol impaired driver.
1. The agency will take measures to train officers in the use of breath testing equipment as soon as practical.
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2. The agency will take measures to train officers in the detection, apprehension, and prosecution of the drug/ alcohol impaired driver.
C. The agency will encourage officers to file charges on drug/alcohol impaired drivers.
1. An officer will file a charge which establishes "probable cause" for the initial contact with the violator.
2. An officer will file a charge of DUI/DWI when the officer believes he/she has reasonable cause for the charge.
3. The drug/alcohol impaired driver will not be released nor alternate transportation offered in lieu of arrest.
D. Enforcement should be concentrated on areas and during days, dates, and time periods which have statistically indicated a high rate of alcohol related crashes and should be concentrated on routes which would usually be traveled by the impaired driver.
61.1.11 PROCEDURES FOR DUI/DWI ARRESTS
A. An officer's observations of are crucial in detecting the drug/alcohol impaired driver and in establishing the probable cause upon which an arrest decision is made.
1. Officers should recognize and identify specific driving behaviors that often indicate a driver is impaired.
2. Officers should recognize and identify other behavior occurring during vehicle stops that provide further indications that the driver is impaired.
3. The officer should make notes of the behavior(s) that led him/her to believe a driver was impaired and should include these notes as a part of his/her arrest report, in addition to listing the probable cause offense(s) on MVA DR-15A.
4. Officers should exercise due care in stopping or pursuing the impaired driver, since their actions or reactions may be very unpredictable.
5. The officer shall notify communications of the location, vehicle description, and the reason for the stop, indicating that the driver possibly is impaired.
a. Communications shall summons assistance for the initiating officer, unless otherwise advised.
6. Once the vehicle is stopped, the officer will not allow the driver to move the vehicle until the officer determines whether or not the driver is fit to drive.
7. Approach the vehicle with caution; obtain operator's license, registration, and other appropriate documents; interview the driver and occupants. 367
8. Officers should recognize and identify behaviors and attitudes during face to face contact with the driver that provides indications that the driver is impaired.
9. Officers should note all observations leading to the suspicion that the drive is impaired and if the officer believes probable cause to support his/her suspicion, the driver should be requested to exit the vehicle for further investigation.
a. If the vehicle was not observed in motion, the officer should determine if probable cause exists to charge the driver with DUI/DWI or physical control.
b. The driver should be directed to a safe location if the driver agrees to submit to the field sobriety tests, preferably in front of both the vehicles, utilizing the available light from both, but field sobriety tests shall not be conducted in the space between the vehicles.
10. Select and administer appropriate field sobriety tests to assess impairment, e.g. gaze nystagmus if properly trained, walk-and-turn test, one-leg stand, etc.
11. The officer will formulate an appropriate arrest decision based on the evidence accumulated from all the previous steps.
B. Proper arrest and processing procedures, including any chemical test(s) allowed by law, are necessary to ensure the successful prosecution of a DUI/DWI case.
1. If all elements of the DUI/DWI or physical control violation have clearly been established, the officer shall arrest the driver.
2. The subject shall be handcuffed and searched.
3. The officer will make arrangements to secure the vehicle and property and arrange for the transportation or safety of any passengers.
4. The subject will be transported to the police station for testing and processing.
a. During transport, the officer should contact the communications center to allow them time to conduct a driving record and wants/warrants check on the subject and should obtain a copy of the driving record.
5. Breath tests shall be conducted as follows:
a. The officer will read the Advice of Rights to Chemical Test, MVA form DR-15 and will have the subject read a copy of the form along with the officer.
b. The officer will advise the subject of his/her "Miranda" rights if the subject is to be asked any questions.
c. An officer qualified to perform a test will conduct the chemical test specified in accordance with Maryland Motor Vehicle Law and Maryland Courts and Judicial 368
Proceedings, including completion of all test report forms required by the Maryland State Police Chemical Test for Alcohol Unit.
d. If the subject's BAC does not substantiate impairment, the officer should check for drugs or a medical condition that could cause the impairment.
1) For any driver whose test is at or above .08% BAC, MVA Form DR-15A shall be completed and forwarded to the Motor Vehicle Administration, a copy of which shall be presented to the operator of the vehicle.
2) The operator’s license shall be seized and forwarded to the Maryland Motor Vehicle Administration.
e. The officer may conduct supplementary tests in accordance with state requirements and shall inform the subject that he/she has the right to an independent test of his/her own choosing.
f. If the subject refuses to submit to the evidential chemical test(s), the MVA Form DR- 15A shall be completed and forwarded to the Motor Vehicle Administration, a copy of which shall be presented to the operator of the vehicle.
1) The operator’s license shall be seized and forwarded to the Maryland Motor Vehicle Administration.
6. The officer will complete the required forms and arrest reports.
a. Agency forms will be completed as required, thoroughly documenting all evidence gathered during the investigation and indicating the results of all field sobriety and/or chemical tests administered, which will include completing the rights waiver, consent to chemical test form, alcohol influence report form, breath test report and a narrative statement of the arrest.
b. Any necessary affidavits, information or arrest sheets shall be completed by the officer.
c. Any information required in the "DUI/DWI Folder" shall be prepared and/or forwarded to the DWI officer to complete.
7. The decision whether to incarcerate or release will be based on specific statutory requirements, the ability of the subject to post bond, if required, and the ability to release the subject to a responsible third party, which is preferred to incarceration. This decision rests solely on the Shift Supervisor, not the arresting officer.
a. Only Maryland residents are eligible for release from the station after all necessary work is completed.
b. All guidelines set by the Allegany County State’s Attorney will be adhered to in determining whether or not a person should be released from the station.
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8. All reports, affidavits, and other documents will be submitted with other shift paperwork to be checked at the end of the officer's shift.
C. Procedures for arrest, based on the age of the defendant, test results, or on the basis of a refusal include:
1. DUI/DWI - BAC test from .02% BAC to .079% BAC.
a. Arrest
b. Rights (verbal warning at scene)
c. MVA Form DR-15, Advice of Rights to Chemical Tests
d. Test
e. Alcohol influence narrative report
f. Juvenile arrest sheet (if juvenile arrested)
g. Citation for DUI/DWI
h. Statement of facts completed in Incident Report narrative
i. Statement of Probable Cause for District Court if not released from the department
j. Release
1) To custody of parents or to custody of Department of Juvenile Justice, if Juvenile
2) To another adult if Maryland resident and under State’s Attorney’s guidelines, which include;
a) Defendant is cooperative
b) Has no previous Suspensions/Revocations
c) Has no previous failure to appear’s for any kind of Court or MVA hearing
d) The arresting officer can locate a licensed adult that has not been drinking
3) Taken for Bond Hearing if a District Court Commissioner is available if defendant is a non-resident, or falls into any of the categories above.
2. DWI - Test over .08% BAC.
a. Arrest
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b. Rights (verbal warning at scene)
c. MVA Form DR-15, Advice of Rights to Chemical Test d. Test
e. MVA Form DR-15A if, including probable cause violation or action; indication(s) of failing sobriety tests, e.g. failed five of six FST's or (more specifically) failed finger to nose, gaze nystagmus, etc.; and other indications of alcohol consumption (e.g. odor of an alcoholic beverage on or about the defendant's person, fumbling for license, etc.)
1) The law clearly requires that an officer must clearly establish probable cause for the stop and then must establish a reasonable suspicion that there was actually use or abuse of alcohol and/or drugs.
f. Alcohol influence narrative report
g. Juvenile Arrest sheet (if juvenile arrest)
h. Citation for DWI
i. Statement of facts completed in Incident Report narrative
j. Statement of Probable Cause for District Court if not released from the department k. Release
1) To custody of parents or to custody of Department of Juvenile Justice if Juvenile
2) To another adult if Maryland resident and under State’s Attorney’s guidelines, which include;
a) Defendant is cooperative
b) Has no previous Suspensions/Revocations
c) Has no previous failure to appear’s for any kind of Court or MVA hearing
d) The arresting officer can locate a licensed adult that has not been drinking
3) Taken for Bond Hearing if a District Court Commissioner is available if defendant is a non-resident, or falls into any of the categories above.
3. DUI/DWI - With test refusal a. Arrest
b. Rights (verbal warning at scene) 371
c. MVA Form DR-15, Advice of Rights to Chemical Test
d. MVA Form DR-15A, including probable cause violation or action; indication(s) of failing sobriety tests, e.g. failed five of six FST's or (more specifically) failed finger to nose, gaze nystagmus, etc.; and other indications of alcohol consumption (e.g. odor of an alcoholic beverage on or about the defendant's person, fumbling for license, etc.)
1) The law clearly requires that an officer must clearly establish probable cause for the stop and then must establish a reasonable suspicion that there was actually use or abuse of alcohol and/or drugs.
e. Alcohol influence narrative report
f. Juvenile Arrest sheet (if juvenile arrest)
g. Citation for DUI/DWI
h. Statement of facts completed in Incident Report narrative
i. Statement of Probable Cause for District Court if not released from the department
j. Release
1) To custody of parents or to custody of Department of Juvenile Justice if Juvenile
2) To another adult if Maryland resident and under State’s Attorney’s guidelines, which include;
a) Defendant is cooperative
b) Has no previous Suspensions/Revocations
c) Has no previous failure to appear’s for any kind of Court or MVA hearing
d) The arresting officer can locate a licensed adult that has not been drinking
3) Taken for Bond Hearing if a District Court Commissioner is available if defendant is a non-resident, or falls into any of the categories above.
4. DWS/DWR
a. Arrest (may be based on MILES printout)
b. Statement of facts
c. Citation(s)
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d. Officer’s discretion will dictate whether or not a physical arrest should be made. If an arrest is made, then the defendant shall be:
3) Taken for Bond Hearing if a District Court Commissioner is available, or
61.1.12 REFERRING DRIVERS FOR REEXAMINATION
A. Officers who detect a person who appears to be incompetent, physically or mentally disabled, or suffers from disease or other conditions that prevent him/her from exercising reasonable and ordinary control over a motor vehicle, will complete appropriate forms to request a reexamination by the Motor Vehicle Administration.
1. A request for reexamination will be submitted on Maryland Motor Vehicle Administration Form AJ-39.
2. Any physical defects must be described in detail on the form and the summary portion must be written in such detail that reasonable grounds for the reexamination are conclusively established.
3. The form must be signed by the initiating officer. The form must be reviewed and signed by the Chief of Police.
4. The officer shall inform the driver that a request for license reexamination is being submitted and that the driver will receive notification from the Maryland Motor Vehicle Administration.
61.1.13 PARKING ENFORCEMENT
A. All existing parking regulations will be enforced reasonably and impartially in all areas of the jurisdiction.
B. Officers will normally limit enforcement of parking regulations to citation of the vehicle.
C. Vehicles parked illegally on private property will be handled through the appropriate legal requirements governing the reporting, citing, and/or removal of said vehicles.
61.2 TRAFFIC CRASH INVESTIGATION
61.2.1 CRASH REPORTS/INVESTIGATIONS
A. The following definitions will be used throughout the following sections.
1. "Traffic crash investigation" refers to the collection of factual information identifying and describing people, roads, and vehicles involved; describing the results of the crash in terms of danger to vehicles and roadside objects, injuries to people, marks and residue 373
on the road, and final positions of vehicles and bodies; interpretation of these facts in terms of behavior of road users involved; and, sometimes, an attempt to specify the peculiar combination of factors required to produce that particular crash.
2. "Traffic crash reporting" refers to basic data collection to identify and classify a traffic crash and the persons, vehicles, time/location, and planned movements involved, and possible contributing factors such as traffic law violations.
B. In response to reported/actual fatal crashes, the following procedures will apply.
1. When it is evident that a fatality is involved, officers will notify their immediate supervisor, and will request notification of all other personnel who have a responsibility at the scene, including notification to the Medical Examiner.
2. Officers will note the exact location and condition of the body (bodies) so details may be included in the investigative report and diagram.
3. Officers will attempt to identify the body (bodies).
a. If identification involves handling personal property or valuables, it shall be done in the presence of witnesses, which shall be documented in the written report.
4. Any property or valuable released to another person or agency will be properly receipted by the officer.
5. The identity of the body (bodies) will not be released until proper notification of next of kin.
a. Notification of next of kin should be accomplished as soon as possible by the Supervisor.
6. Investigation duties directly related to the body (bodies) shall be conducted with priority to facilitate the prompt removal of the body (bodies) to the custody of the Medical Examiner.
7. An investigative hold will be placed on any vehicle involved in the fatal crash, which will be properly impounded to permit a later, more thorough examination of the vehicle(s).
C. Crashes involving fatalities, life-threatening injuries, or disabling injuries will be fully and completely investigated by agency personnel.
1. These crashes will be investigated by an officer trained in crash investigation.
2. A crash Reconstructionist shall be summoned to the scene of all fatal crashes and shall assist the primary investigating officer with the investigation of the crash.
D. Crashes involving only property damage may be reported, in lieu of investigation, although the agency will always encourage investigation of a crash rather than reporting whenever manpower and facilities allow for investigation.
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E. The agency will require special activities of officers responding to hit and run crashes.
1. Upon determining that a crash is a hit and run, officers will attempt to obtain the best possible description of the hit and run vehicle, the driver, and/or passengers, and the direction of travel and will immediately relay this information to the communications center to be broadcast to other field units and law enforcement agencies.
a. If a license number is received in the description, the communications operator will check MILES/NCIC for possible further description and wants/warrants checks on the vehicle/registered owner.
2. If the hit and run is of a serious nature, the supervisor will coordinate efforts by the agency to search the area for the vehicle.
3. Officers at the scene will attempt to locate, photograph, collect, and preserve all physical evidence which may be useful in identification of the missing vehicle, including, but not limited to, blood, hair, soil, fabric, automotive parts and accessories, and paint.
4. Officers will record statements from witnesses at the scene and, in more serious crashes, may conduct an area canvass to locate and identify other witnesses who may have information relating to the hit and run crash.
5. All information collected relative to the hit and run crash will be given to officers in roll-call briefings and to other agencies through, teletypes, e-mail or memoranda.
6. The agency will, as appropriate, check the location where the crash occurred each day during the same general time frame, the same day of the week, and, if necessary, the same day of the month on which the crash occurred.
7. The agency may use news media resources to seek additional leads to solve the hit and run crash.
8. When a suspect vehicle is located, officers will establish positive identification utilizing physical evidence collected at the scene and, if possible, a search warrant.
9. Officers will arrange for an interview with the owner and determine the identity of the driver at the time of the crash.
10. Officers will take the appropriate enforcement action.
F. Officers will continue to be aware of the fact that driver impairment due to alcohol and/or drugs is a factor in many collisions and will be alert to cues or evidence of such impairment when carrying out crash reporting or investigation duties and will take appropriate enforcement action when sufficient evidence is obtained.
G. Crashes involving hazardous materials will be investigated, maintaining the primary objectives of officer safety, the safety of persons/property which may be affected by the hazardous material(s), and the containment of the area and the hazardous material(s). 375
1. Investigation/reporting will only proceed once the proper agencies have secured the hazardous material(s) and declared the scene safe for police personnel to enter.
2. Officer safety is of primary importance in all situations, particularly when toxic chemicals and/or life hazards may exist, therefore, officers will consider their own safety before attempting to rescue victims and will only enter a hazardous environment under very unusual circumstances.
H. The following guidelines will govern the reporting or investigation of traffic crashes for which the agency receives late notification and cannot investigate at the scene.
1. Officers will complete an incident report with all necessary information from vehicles. The person reporting the crash will be notified that the report is being taken for insurance purposes only, and that no investigation will be conducted.
2 In the case of a reported hit and run crash “property damage only” information will be taken for insurance purposes only, if the vehicles have been moved from the scene. The only exception to this will be if there is an exceptional amount of damage.
I. All crashes involving agency vehicles/property will be fully investigated.
1. Appropriate agency vehicular crash and/or injury reports will also be completed. (See 61.2.7)
J. Officers will report property damage crashes on private property on the appropriate agency form.
1. Reporting/investigation of hit and run and injury or fatal crashes on private property will follow normal reporting/investigative procedures.
K. During times of extreme weather conditions that result in an unusually high number of crashes being reported, the following procedures will apply:
1. At the direction of the shift supervisor and after he/she has monitored calls for service activity which indicate more crashes being reported than can be reasonably handled by on duty personnel, the supervisor will notify the communications section that only personal injury crashes or property damage crashes rendering a vehicle or vehicles inoperable will warrant a police response during the period of severe weather.
2. Upon being notified of this procedure, on duty communications personnel will assess each future call regarding reported crashes.
a. If the crash being reported involves injury, property damage in which one or more vehicles is rendered inoperable, or if the caller is unsure of the seriousness of the crash, an officer will be dispatched to the scene.
3. If the crash only involves property damage and the caller is an involved party, the communications specialist will inform the caller of the following options: 376
a. Exchange information with all other drivers of vehicles involved in the crash to include:
1) Name, address, telephone number, and date of birth of each driver
2) Operator's license number
3) Vehicle information
4) Insurance company
4. If the crash involves property damage only and the caller is not an involved party, a communications specialist will dispatch an officer to the scene.
a. The officer will confirm the seriousness of the crash, assess the situation, and take the crash report or advise the drivers of their option to exchange information.
5. When responding to the subsequent request for a crash report which was originally deferred due to severe weather, the responsibilities of the officer are to take a crash report if the driver desires to file a report and the driver has basic information on the other persons in the crash (which may be as little as a name and phone number of the other party) and to collect information and complete the crash report as otherwise outlined in this General Order.
6. Regardless of weather conditions, a report will be taken for any crash involving a City of Cumberland owned vehicle.
a. Collisions involving a city vehicle that result in no damage or injury to either vehicle or party (therefore, technically not a crash) will be recorded on incident report, and city damage report.
L. Property damage crashes occurring on private property will be handled as any other crash will be.
1. Hit and run and injury/fatal crashes on private property will be investigated in the same fashion, using the same forms, and following the same procedures, as any other hit and run or injury/fatal crash.
61.2.2 TYPE OF RESPONSE TO CRASHES
A. At least two officers will respond to any reported injury or fatal crash.
1. The first officer on the scene will advise the nature and extent of injuries/casualties.
2. Specialized personnel shall be directed to the scene as provided in General Order 61.2.1 in cases of serious injury/fatal crashes.
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3. Officers shall take appropriate measures to protect themselves from bloodborne pathogens, including the use of protective gloves, facial masks, etc.
B. At least one officer will respond to the scene of any reported hit and run crash.
C. At least two officers will respond to any crash reported to involve an alcohol/drug impaired driver.
D. At least one officer will respond to any reported crash involving public vehicles and/or property.
E. At least two officers will respond to any crash reported to involve a disturbance between principals.
F. At least two officers will respond to any crash reported to involve major traffic congestion as a result of the crash.
G. At least one officer will respond to any reported crash in which vehicles are damaged to the extent that towing is required.
H. When directed to respond to a traffic crash, the officer(s) will be informed of the exact location, the reported severity of the crash, whether traffic is blocked, and other units assigned (including fire/EMS vehicles), if known.
1. Based on available information, officers shall choose the closest route based on traffic and weather conditions and congestion in the area of the crash.
2. Officers will drive safely to the scene, consistent with the need for a prompt response.
61.2.3 CRASH SCENE RESPONSIBILITIES
A. The first officer on the scene of a crash will take charge of the scene upon arrival and will not surrender charge of the scene to non-law enforcement personnel unless directed to do so by a superior.
1. Although officers will retain control of the scene, the care and control of injured persons will be left to authorized EMS/rescue personnel upon their arrival.
2. Officers may make recommendations for placement of EMS/rescue vehicles to protect the scene, injured persons, and workers/investigators, while still maintaining, if possible, a reasonable flow of traffic.
3. Officers of this agency will cooperate with officers of other law enforcement agencies of concurrent jurisdiction that might respond to the scene.
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4. In general, the first officer responding to the scene will retain charge until the completion of operations, although control of the scene shall be released to other officers with special investigative skills appropriate to the crash if they are called to the scene.
5. If an officer is involved in a crash, the officer will exercise control over the crash scene only until the arrival of an investigating officer.
B. The first officer to arrive at the scene of a crash shall determine if there are any injuries, and if so, shall administer emergency medical care and/or provide basic life support.
1. Officers will check injured persons to identify the most seriously injured or fatalities.
2. Officers will administer emergency medical aid to injured persons, not to exceed their capabilities, and will not allow incompetent volunteers to treat injuries.
3. Officers will only transport injured persons under extraordinary circumstances, only with the approval of supervisory personnel, and only after preliminary emergency medical aid has been administered.
4. At crash scene where there is personal injury or the imminent threat of injury, actions to deal with the injury or threat to safety will take precedence over reporting or investigative activities.
5. Officers shall take appropriate measures to protect themselves from bloodborne pathogens, including the use of protective gloves, facial masks, etc.
6. The first officer on the scene will summon or confirm response of medical and/or rescue personnel to the scene, and assist in getting seriously injured persons removed to medical facilities as soon as practical.
a. EMS personnel shall be in charge of protocol, triage, and determining to which medical facility the injured will be transported.
7. The first officer shall summon any additional equipment and/or personnel necessary to stabilize or clear the scene, including wreckers, equipment to repair/replace damaged city property, etc.
C. The agency will maintain an awareness of the responsibilities, practices and procedures of other agencies that respond to and/or provide assistance for medical, fire, and/or hazardous material emergencies and will give control of the actual scene to fire/rescue/EMS personnel until the life and property hazards are stabilized, while controlling the perimeter to lessen the congestion, allow response of additional emergency equipment, and regulate access.
1. If fire is a potential, officers will take appropriate action to stabilize the conditions by providing protection to the scene, isolating the immediate area, removing persons from the vicinity of the hazard (if possible), suppressing the hazard (if possible) and summoning the fire department.
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2. Officers will attempt to eliminate the possibility of sparks or other ignition source from smoking, flares, electricity or any other sources, to the maximum extent possible.
3. If fire is existing, officers will rescue persons in the vicinity of the fire (if possible), extinguish the fire (if possible), and summon the fire department, when necessary.
4. Depending on the extent of fire, officers will evacuate the surrounding area and isolate the area until the fire is suppressed.
5. Officers will carefully control the movement of vehicles within the vicinity of the fire or potential hazard area, detouring traffic if necessary.
6. Hazardous materials are defined as any element, compound, or combination thereof, which is flammable, corrosive, detonable, toxic, radioactive, an oxidizer, an etiological agent, or is highly reactive and which, because of handling, storing, processing, and packaging may have detrimental effects upon operating and emergency personnel, the public, equipment, and/or the environment.
7. The safety of officers and the general public is of paramount importance and will outweigh all other factors when dealing with hazardous materials incidents.
8. Through training and information, including copies of the U. S. Department of Transportation Emergency Response Guidebook, officers will maintain a posture of identifying the material(s) involved, relay this information to the local fire department, then isolate and protect the scene.
9. Upon being notified of or coming upon the scene of any crash or incident which a involve hazardous materials, the officer will attempt to identify, at a distance, the possible presence of hazardous materials.
a. If an officer determines from a safe distance (three tenths of a mile or greater) that a hazardous material may be involved, the officer will not enter the area, but will immediately relay information about the incident and possible identification of the material(s) to a communications specialist.
b. The communications specialist will immediately contact the appropriate fire department and advise them of the potential contact with a hazardous material and the nature of the situation (fire, crash, spill, etc.).
c. If an officer is on the scene and comes in contact with suspected hazardous material, the officer should immediately retreat to a safe distance (approximately three tenths of a mile or greater) and immediately notify the police dispatcher of the nature of the suspected material.
d. Once an officer has determined that there is a possibility of hazardous materials being present, the officer shall take immediate measures, after ensuring a communications specialist has been given a preliminary identification of the material(s), to establish a perimeter of at least three tenths of a mile surrounding the incident. 380
e. After establishing a perimeter, the officer shall begin preparations for evacuation of the area, to begin upon notification by the responding fire department.
f. The scene, which includes all the area inside the perimeter, shall be released to the control and authority of the fire department until such time as the fire department declares the emergency unfounded and/or under control.
g. Supervisors should contact the Deputy Chief to keep the Deputy Chief updated as to the status of the hazardous material, advise the Commander of the location of the command post, and ascertain what additional manpower/ equipment may be needed to secure the perimeter and/or evacuate the area. (See also General Order 46)
10. Crashes involving hazardous materials will be investigated, maintaining the primary objectives of officer safety, the safety of persons/property which may be affected by the hazardous material(s), and the containment of the area and the hazardous material(s).
a. Investigation/reporting will only proceed once the proper agencies have secured the hazardous material(s) and declared the scene safe for police personnel to enter.
b. Officer safety is of primary importance in all situations, particularly when toxic chemicals and/or life hazards may exist, therefore, officers will consider their own safety before attempting to rescue victims and will only enter a hazardous environment under very unusual circumstances.
c. Crashes involving hazardous materials require an inspection of the vehicle by the Maryland State Police Commercial Vehicle Enforcement Division.
D. Once the crash scene is secure and the injured have been attended to, officers should immediately begin collecting information.
1. When a traffic crash investigation is to be conducted, the following type of information/evidence shall be collected.
a. The officer will obtain identification and preliminary statements and/or interviews from involved drivers and witnesses.
1) Officers will question drivers and witnesses separately and individually concerning the crash and should request them to refrain from discussing the crash among themselves.
2) A driver involved in a crash who has been arrested shall be advised of his/her Miranda rights prior to any questions regarding the crash.
3) Although questioning of drivers and witnesses can be done at the scene of minor crashes, the officer should consider conducting more in depth questioning and/or taking statements, such as in very serious crashes, at the police station.
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4) When questioning drivers, officers will be alert for signs of drug/alcohol, physical or emotional impairment which may have contributed to the crash.
b. The officer will make a field examination of vehicle components for failure or damage, will match vehicle damage to the damage of other vehicles, other objects, and to marks on the road and will make appropriate records.
1) Officers who note faulty equipment that warrants a more thorough investigation should place a hold on the vehicle for further examination by qualified personnel, particularly if the faulty equipment may have contributed to the crash.
2) Officers shall carefully note if the damaged area(s) on the vehicle coincide with other evidence and statements as to how the crash occurred and should note areas of contact and induced damage to each vehicle.
c. The officer will examine/record the effects of the crash on the roadway, including tire marks, gouges, scuffs, etc.
1) The officer should also note the road and weather conditions at the time of the crash, including the temperature.
d. The officer will take measurements, as required, such as position of vehicles, debris, vehicle damage areas, view obstructions, etc.
1) Sketches should be made to document, support, and highlight the photographs and to identify specific items of short lived evidence.
2) Scene measurements shall be taken from fixed points of reference, which can readily be identified at a later time.
e. The officer will take photographs of the final positions of the vehicles, damage to the vehicles, results of the crash on the roadway, damage to property, etc., as appropriate.
1) Photographs should only be taken of crashes involving fatalities, serious injuries, municipal property (vehicles, equipment, etc.), or mitigating circumstances.
2) Photographs will not normally be taken for non-injury crashes, when no report is taken, or when a report is taken by another agency.
3) At least one photograph will be taken of an overview of the crash scene with permanent fixed objects included to provide a geographic reference.
4) Photographs should be taken to document short-lived evidence, which may be included in diagrams.
g. The officer will collect/preserve evidence as necessary.
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1) Debris which may be of investigatory/evidential value should be collected before it is disturbed or removed from the scene.
h. The officer will be certain that information is exchanged among involved drivers/property owners.
i. The officer will obtain any other information related to the crash that may be necessary for a complete investigation.
2. When a traffic crash is to be reported, the following type of information/evidence shall be collected.
a. The officer will obtain identification and preliminary statements and/or interviews from involved drivers and witnesses.
b. The officer should make a field examination of vehicle components for failure or damage, should match vehicle damage with damage to other vehicles or objects, and to marks on the road, and should record conclusions.
c. The officer should examine the effects of the crash on the roadway, including tire marks, gouges, scuffs, etc. to assist the officer in reaching a conclusion.
d. The officer will not normally take measurements when making a crash report.
e. The officer will not normally take photographs when making a crash report.
f. The officer will not normally collect/preserve evidence, although the officer may make notations about certain items relevant to the crash.
g. The officer will be certain that information is exchanged among involved drivers/property owners.
h. The officer will obtain any other information related to the crash that may be necessary for a complete report.
E. The first officer will be responsible for using the patrol vehicle's overhead lights, flares (if appropriate), and other warning devices, as necessary, to protect the scene and to alert approaching traffic.
1. Scene protection is especially important if crash victims, vehicles, or debris are in the roadway.
2. The officer will be alert to actual or potential fire hazards, hazardous materials, and other hazards and will take actions to lessen the hazard(s), which may include summoning additional fire/EMS/rescue personnel.
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3. If a serious crash will require extended investigation and/or closing of the scene, officers should consider closing the roadway and/or rerouting traffic using signs, barricades, traffic personnel, etc.
4. Bystanders, other than witnesses, shall be directed to leave the scene.
5. Officers will conduct crash scene traffic direction and control activities, as necessary, to protect the scene, clear the roadway, promote the safe and efficient movement of traffic in the vicinity, and prevent additional collisions.
a. To prevent congestion, and to permit emergency vehicles to move freely and safely, officers will direct all vehicles at the scene to be parked safely off the roadway as soon as practicable.
6. Officers will take appropriate measures to restore traffic movement and to clear the scene as soon as practical.
a. Officers will arrange for the prompt and safe removal from the scene of all vehicles and debris, keeping in mind the need to deal with injuries, hazards, and the need to obtain and preserve evidence.
b. Keeping in mind the need to preserve evidence, if there are no injuries requiring immediate attention and if the roadway is blocked by vehicles or debris, officers will clear the roadway as soon as possible.
c. If it is evident that a crash only involves property damage, officers will direct motorists involved in the crash to immediately remove their vehicles from the roadway, unless it is impossible or impractical.
d. When vehicles are to be driven from the scene (crash involved vehicles, emergency vehicles, etc.), officers will assist the drivers, as necessary, in safely reentering traffic.
7. Once the scene is cleared of vehicles, debris, etc., officers will arrange for the prompt removal and/or disposal of warning devices, such as flares, which were used to protect the scene.
61.2.4 FOLLOW-UP ACTIVITIES
A. The agency will normally conduct specific follow-up procedures only in support of on-going or anticipated criminal prosecution.
1. Officers assigned to a crash investigation may be required to collect "off-scene" data.
a. The investigating officer will be allowed ample time and resources to gather any data necessary for the complete and thorough investigation of a crash.
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2. Officers may be required to obtain/record formal statements from witnesses and will have at their disposal facilities for interviews with significant witnesses to crashes.
3. Crash reconstruction may be required by the prosecuting attorney, in which case officers will assist in any manner possible with data, personal expertise, and other resources.
4. Investigators will be required to prepare formal reports to support criminal charges that result from a crash.
5. All requests for mapping/drawing services where a cost will be incurred must first be reviewed and approved by the employee's immediate supervisor or the Deputy Chief, who will use the cost of the mapping or drawing package versus the direct benefit to the officer and the agency as the criteria for approval.
B. Follow-up investigation will not be performed in support of civil litigation, unless such litigation involves this agency, e.g. cruiser involved in a crash.
C. Expert and technical assistance may be used in crash investigation when the investigation exceeds the scope and nature of the knowledge, skills, and/or abilities of trained personnel within the agency.
1. The agency will seek advice and/or assistance from other agencies when that assistance is readily available.
2. Paid professional assistance will normally be sought only when prosecution for serious criminal charges is pending and when other resources within the agency and within other law enforcement or government agencies is not sufficient to establish complete investigative conclusions.
61.2.5 PROPERTY CONTROL OF CRASH VICTIMS
A. Officers will be alert to prevent pilferage and theft from crash scenes, particularly when emotions are extreme, where parties are injured, or when a victim is deceased.
B. When officers are required to handle victims personal property, such as for identification purposes, this shall be done, whenever possible, in the presence of witnesses.
1. The witnesses should be identified in the report of the crash.
C. Property left at the scene, due to a driver being incapacitated or deceased, shall be properly accounted for through formal impounding.
1. When it is necessary to release a victim's property to another person or agency, officers will receipt the transfer of the property.
61.2.6 USE OF CRASH REPORT FORMS/CLASSIFICATION 385
A. Officers will use the state approved traffic crash report form when preparing written traffic crash reports.
1. If there is any uncertainty on the part of one or both of the participants in a crash, the officer will conduct an investigation and complete a MAARS report.
2. If charges are made a MAARS report must be completed.
3. Anytime a City vehicle or City Property is involved in a crash, regardless of damage, a MAARS report must be completed.
4. Anytime County, State or Federal vehicles or property is involved in a crash a MAARS report must be completed.
5. Whenever a vehicle is overturned, suffers significant damage or has to be towed from a crash scene, a MAARS report must be completed.
6. For any crash involving personal injury, a MAARS report must be completed.
7. For any crash involving a fatality, a MAARS report must be completed.
B. Officers will submit written traffic crash reports within three (3) calendar days of the crash.
61.2.7 MOTOR VEHICLE CRASH REVIEW BOARD
Purpose: To review motor vehicle crashes involving sworn officers and to determine if the crash was preventable, and if remedial training for the involved officer(s) is warranted. The MVCRB will forward its findings to the Chief of Police for his disposition. The MVCRB will not involve itself in issuing traffic citations or filing disciplinary actions toward any employee involved in such motor vehicle crash.
Definitions: A M/V crash, for the purpose of this section, is defined as any crash where the operator of one or more of the vehicles involved is a sworn Cumberland police officer who may or may not be considered on- duty at the time of the crash. Severity of the crash will not be used as a determining factor.
The National Safety Council defines a preventable crash as one in which the driver fails to do everything that they reasonable could have done to avoid it. In addition, was the vehicle driven in such a way to make due allowance for the conditions of the road, weather, and traffic and to also insure that the mistakes of other drivers did not involve the driver in a collision?
Some examples of non-preventable crashes: • Struck in the rear by other vehicle. • Struck while proceeding in proper lane of traffic at a safe and legal speed. 386
• Struck while waiting to make a turn from a proper lane. • Struck while stopped in traffic due to existing conditions or in compliance with a traffic control device. • Struck while legally and properly parked. • Involving an animal.
Board members: The MVCRB is appointed by the Chief of Police. The MVCRB will be chaired by the Deputy Chief. Two additional command staff members, selected by the Chief of Police, will sit on the Board.
Meetings: The MVCRB will convene after every motor vehicle crash defined above pursuant to 2(c) below. The Board will also meet once each quarter to analyze all crash data for concerns with training and/or equipment from the previous quarter and provide this information to the Risk Management Committee.
1) Reviewable crashes
(a) Every M/V crash involving a sworn police officer while operating a city vehicle either on or off duty.
(b) Every M/V crash involving an on-duty officer while operating a vehicle not owned by the city.
2) Administrative procedure
(a) The investigating supervisor of each M/V crash will forward a preliminary report to the MVCRB no later than three (3) days after the crash. The report will include the motor vehicle accident report and the Incident Report.
(1) If further investigation is required a full report is due within two days of the completion of the investigation.
(b) The officer(s) involved in the motor vehicle crash will send a written report to the MVCRB no later than two (2) days after the crash.
(c) The MVCRB will convene to review the crash as soon as possible after receiving all reports and no later than seven (7) days after the investigation is completed.
(d) The MVCRB will forward its findings to the Chief of Police the next working day.
3) Reports
(a) The MVCRB will create a spreadsheet, available to all sworn officers, that will outline specific information relating to all M/V crashes the Board reviews.
61.3 TRAFFIC DIRECTION & CONTROL
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61.3.1 TRAFFIC ENGINEERING ACTIVITIES
A. The agency will work with other authorities, specifically those responsible for traffic engineering, and use available opportunities to improve traffic engineering in the community.
1. To accomplish the above objective, the agency will assist in collecting and making the information available to responsible authorities concerning traffic-related data which is related to specific engineering problems; traffic surveys and studies; crash and enforcement data, to study trends and relationships; and special reports regarding use of traffic control devices, ordinances, or other engineering solutions.
2. The agency will record, investigate and follow-up on all citizens complaints or suggestions, and will correct the problem if possible or refer the complaint or suggestion to the City Engineer.
3. In keeping with directives concerning traffic crash reporting and investigation, crashes statistics will be collated and maintained to provide a base for traffic engineering decisions and recommendations.
4. Analysis of high-incident crash locations in support of selective traffic enforcement shall also examine the possible contribution of engineering problems to the crash patterns.
B. After the agency transmits data as outlined above to the City Engineer, it shall be the responsibility of the City Engineer to transmit relevant data to regional planning and engineering authorities.
1. The agency will participate in local and regional transportation system management planning through the City Engineer.
61.3.2 PROCEDURES FOR TRAFFIC DIRECTION AND CONTROL
A. Officers shall refer to procedures outlined below regarding protection of the crash scene and routing of traffic.
1. Officers should always consider the use of fusees (if no fire hazard or other contra- indication exists), traffic cones, reflectors, or other temporary aids to assist in temporary detours of traffic.
2. Officers should consider detour signs, barricades, and other more permanent measures if it is apparent the roadway will have to be closed for some period of time for investigation or due to obstructions.
a. These measures will only be taken upon approval of a shift commander or higher rank.
B. Sworn personnel will at all times give proper consideration to their own safety while carrying out manual traffic direction and control and will employ uniform procedures (signals, gestures, 388
etc.) to assist driver and pedestrian recognition and response to their direction, making sure that their presence and purpose are well demonstrated to drivers and pedestrians as follows:
1. Personnel will position themselves so that they can clearly be seen by all, usually in the center of an intersection or street.
2. Personnel should stand straight with weight equally distributed on both feet.
3. Personnel should allow hands and arms to hang easily at the sides, except when gesturing.
4. Personnel should stand facing or with back to stopped traffic, and with the side toward traffic being directed to move.
5. Officers will adhere to standards for traffic direction and control.
a. To stop traffic, the officer should extend the arm and index finger and look directly at the person to be stopped until that person is aware or it can be reasonably assumed is aware of the officer's gesture, then the pointing hand is raised at the wrist so that the palm is toward the person to be stopped and held in this position until the person comes to a stop.
1) If traffic is to be stopped from both directions, the procedure is repeated for traffic coming from the other direction while maintaining the raised arm and palm toward traffic already stopped.
b. To start traffic, the officer should stand with shoulder and side toward the traffic to be started, extend the arm and index finger toward and look directly at he person to be started until that person is aware or it can be reasonably assumed is aware of the officer's gesture, then, with the palm up, the pointing arm is swung from the elbow through a vertical semi-circle and the gesture repeated until traffic begins to move.
1) If traffic is to be started from both directions, the procedure is repeated for traffic coming from the other direction.
c. Although right turning drivers will usually effect their turns without the necessity of manual traffic control, when directing a right turn does become necessary, the officer should point the index finger at and look at the driver, then swing the extended and index finger in the direction of the intended turn.
d. Left turning drivers should not be directed to turn while the officer is directing other traffic to proceed.
1) The officer should either direct opposing vehicles to start while avoiding left turn gestures directed at turning drivers, direct them to proceed only when their is a gap in oncoming traffic, or stop and hold oncoming drivers and then direct the left turning driver to proceed.
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2) To motion the left turning driver on, the officer should point at the turning driver with left index finger and arm extended while looking at the driver, then swing the arm and index finger in the direction the driver intends to go.
e. Officers should use the whistle to get the attention of drivers and pedestrians only to direct movements, but should not use the whistle continuously, as it will loose its effect.
1) One long blast on the whistle indicates a stop signal.
2) Two short blasts indicates a signal to start.
3) Several short blasts may be used to get the attention of a driver or pedestrian who does not respond to a given signal.
f. Directions given using a flashlight or fuse need to be exaggerated because of poor visibility.
1) To halt traffic, the flashlight beam or fusee should be swung across the path of oncoming traffic.
2) For other traffic movements, exaggerate the movements indicated above, using the flashlight or fuse as an extension of the index finger and arm.
C. The agency will continue to maintain a close working relationship with the fire departments and EMS organizations serving the community and will continue to cooperate with them in developing and implementing plans and procedures for providing traffic direction and control support to rescue/EMS/fireground operations.
1. The basic task of this agency's personnel engaged in traffic direction and control services at these scenes will be to maintain access to and egress from the scene by fire and other emergency vehicles.
2. The agency will work with the community's fire departments and other emergency service agencies to develop specific protocols to insure that private and other non-essential vehicles used by their personnel to reach the scene do not block access to or egress from the scene by fire and other emergency vehicles.
D. The agency will continue to maintain a close working relationship with those agencies that share responsibility for coping with adverse road and weather conditions affecting traffic safety and will continue to cooperate with them in developing and carrying out mutual assistance policies, procedures and programs to serve the public as effectively as possible when such adverse conditions exist.
1. Upon discovering an adverse road or weather condition, agency personnel shall notify appropriate agencies and persons for the purpose of correcting the condition.
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2. Agency personnel will provide traffic direction and control services and scene protection services in the vicinity of adverse road and weather conditions, as needed.
E. Officers will familiarize themselves with the manual operation of traffic control signals.
1. In the case of a malfunctioning signal, officers should attempt to recycle the light, and, if this fails, should attempt to put the light on "flash" cycle, rather than completely turning the light off.
a) If the light will recycle, the officer will monitor the light to make sure it is operating properly.
b) If the light will operate on "flash", officers may, depending on traffic volume and circumstances, assist traffic with manual traffic direction.
c) In the case of complete failure of the device, officers will obviously need to manually control traffic.
2. Traffic control signals may be manually operated to facilitate traffic movement in response to traffic crashes or other emergencies, to provide a thoroughfare for motorcades, and/or to alleviate congestion resulting from automatic controls, e.g. during rush hours.
3. Manual operation of traffic signals will be preferred to manual traffic direction, as it exposes the officer to less danger and is more likely to be understood by the motoring public and more visible than an officer manually directing traffic.
F. Temporary traffic control devices will only be used in support of traffic direction and control activities and will only with specific prior approval of supervisory or command personnel.
1. As soon as practical following the end of the need for the temporary traffic control device, the supervisor or commander authorizing the use of the device will see to its removal/deactivation.
2. Portable or part-time stop signs will not be used as temporary traffic control devices, except in an emergency.
G. The agency will provide high visibility outerwear to personnel assigned to perform scheduled manual traffic direction and control functions.
1. Personnel will wear such high visibility outerwear, in addition to the full prescribed uniform, whenever conducting scheduled manual traffic direction and control.
2. Persons conducting unscheduled manual traffic direction and control due to unforeseen circumstances, such as traffic crashes or other emergencies, will wear high visibility outerwear, provided that it is available to them, and provided that conditions make it practical to put on the outerwear before beginning traffic direction and control.
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61.3.3 ESCORT SERVICES
A. Escorts to be provided by the agency will normally be processed well in advance to plan for needed personnel and equipment.
1. Escorts may often be requested by outside law enforcement agencies, such as the FBI or Secret Service for public official or dignitaries.
a. The agency will cooperate to the fullest extent with other law enforcement/government agencies in providing escort services.
2. Escorts requested for non-government functions will be scheduled through the office of The Chief of Police for appropriate personnel and equipment.
3. Escorts of oversize loads and/or hazardous cargo’s are governed by ICC and SHA regulations and will not normally involve the services of this agency.
B. "Emergency" requests for escorts for public officials and/or dignitaries by other law enforcement agencies will be handled by the shift supervisor.
1. Information regarding the escort will be confirmed by the shift supervisor, who will provide written documentation of the incident.
C. "Emergency" escorts will not be provided for non-government functions.
D. This agency will not provide escorts for other emergency vehicles responding on calls.
E. Upon request by a business depositing a large sum of cash, an escort officer may follow the depositor to the designated facility and standby until the deposit is safely accomplished.
F. Under no circumstances shall this agency provide for the escort of civilian vehicles for medical emergencies.
1. If aid is needed immediately, EMS shall be requested at the scene and/or the driver shall be directed to the nearest medical facility.
61.3.4 ROADBLOCKS
A. Roadblocks will not be implemented without the approval of a supervisory and/or command officer.
B. Roadblocks should be preceded by warning signs and/or warning devices if at all possible.
C. Roadblocks may be used for the following situations.
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1. During natural disasters, cruisers may be used temporarily for roadblocks, using all emergency lights on the vehicle, until more permanent warning devices and barricades are put in place.
2. Cruisers may be used as roadblocks at crash scenes, using all emergency lights on the vehicle, and placed in such a manner as to be noticed by other traffic.
a. If the roadway is going to be closed for an extended period of time, other barricades should be used. (See 61.2.3,, 61.3.2)
3. Cruisers may be used as roadblocks at work areas using all emergency lights on the vehicle, with the vehicle located inside the blocked-off work area.
4. Roadblocks will not normally be used to apprehend fleeing vehicles and will only be used when deadly force is justified in apprehending the suspect(s). (See also General Order 41.2.2 and General Order 1.3)
61.3.7 Traffic Committees
A It shall be part of the Deputy Chief’s duties to be a part of, and attend regularly scheduled meetings of the Allegany County Transportation and Traffic Advisory Committee. The Deputy Chief may appoint a designee to attend these meetings.
B. The Deputy Chief or his designee will be a part of the Traffic Committee within the City of Cumberland.
1. The Traffic Committee will consist of members from the Police Department, Engineering Department, Public Works Maintenance Division and others so designated by the City Administrator.
C. Any discussions and/or decisions affecting traffic in the City of Cumberland will be reported to the Chief of Police for his consideration.
61.4 ANCILLARY SERVICES
61.4.1 ASSISTANCE TO HIGHWAY USERS
A. To perform their basic duty of promoting safety, protecting human life, and preserving the streets and highways, officers will diligently patrol their service area to offer assistance when and where it is needed.
1. Since saving lives, aiding the injured, locating lost persons, keeping the peace, and providing for other miscellaneous needs are basic services provided by this agency, the agency will respond to calls for service and render such aid or advice as is called for by the situation.
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2. Because of the overall danger to stranded motorists, the agency will offer reasonable assistance to the motorist who appears to need assistance.
3. On many occasions, a disabled vehicle may need to be promptly removed from the highway.
a. Officers will not use their patrol vehicles to push or pull a disabled vehicle.
b. Officers will not assist motorists by using jumper cables.
c. Officers should summon additional assistance from other officers or appropriate service vehicles if the vehicle cannot be moved by the individual officer.
4. After ensuring that assistance is available, officers may transport stranded motorists to the nearest convenient location where assistance may be obtained.
5. Officers will freely and cheerfully provide information and directions upon request.
a. Officers should be familiar with local service facilities and attractions in and around Cumberland.
b. Officers should keep local and state maps in their vehicles for the purpose of providing a visual aid for giving directions.
B. Whenever a highway user requires a wrecker or roadside service or repair and there is no immediate need for removal, the officer will first ask if that party has a preference of facilities or services.
1. If the person has no preference, the officer will advise the police dispatcher to contact a local wrecker or service organization according to established procedure outlined in G.O. 61.4.3.
C. Once an officer provides assistance to a stranded motorist, as provided above, the officer will ensure that any aid or assistance requested by the party or by the officer arrives.
1. An officer should not be unduly detained from performing other duties in order to stand-by with a stranded motorist and should not mark his/her unit unavailable for other calls unless transporting the stranded motorist.
2. If aid does not arrive while the officer is on the scene, the officer will place appropriate warning devices, if necessary, and will return at frequent intervals to ensure the motorist is attended to.
D. Officers will not normally respond to reports of requests for emergency assistance for first aid, medical assistance, or fire fighting.
1. Officers shall respond, however, if they are significantly closer in terms of location or time and shall only provide such aid or assistance as necessary until the appropriate emergency equipment and personnel arrive. 394
2. Officers receiving first-hand reports of such requests shall forward all available information to a police dispatcher so appropriate services may be dispatched.
61.4.2 HAZARDOUS HIGHWAY CONDITIONS
A. Upon discovery of a hazardous highway or weather condition, which may be related, the officer will make appropriate notifications, requesting the agency responsible for correcting the hazard.
1. Hazardous conditions include debris in the roadway; defects in the roadway itself; lack of, or defects in, highway safety features (impact attenuation devices, reflectors, etc.); lack of, improper, visually obstructed, or down or damaged mechanical traffic control devices and/or traffic control and informational signs; lack of or defective roadway lighting systems; and other roadside hazards, including vehicles parked or abandoned on or near the roadway.
B. When an officer identifies a hazard and determines that the hazard requires immediate correction, the officer will immediately notify a police dispatcher of this situation, identifying assistance or special equipment required.
1. The officer will protect the scene and will direct traffic or take any other action necessary to correct the situation until aid arrives.
2. In the case of inclement weather, the street maintenance supervisor shall be notified via a police dispatcher, at which time the maintenance supervisor shall be responsible for notifying the appropriate/necessary personnel.
C. When a hazard is detected that does not represent an imminent hazard but does need corrective action, the officer will generate an Incident Report and notify the appropriate person(s) or agency.
61.4.3 REMOVAL AND TOWING OF VEHICLES
I. POLICY
Officers may tow a vehicle if it is parked in violation of the law; parked in a tow zone, presents a hazard to public safety or interferes with the flow of traffic; or when the vehicle is evidence itself or may contain evidence; or for the safe keeping, subject to an arrest, or the vehicle or its contents will likely be stolen or damaged if it is not impounded.
II. PROCEDURES
A. Officers will use only those tow services that have been approved by the Chief of Police and which appear on the tow list, if the vehicle is being towed at the request of the officer.
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B. The dispatcher will assign a tow company on a rotating basis. Rotating to the next company when the company called responds to the tow, is not available or does not answer. However, the Cumberland Police department will notify any tow service that the owner/driver reasonably requests, given the vehicle is not being towed or impounded at the direction of the officer.
C. Only tow services with an impound lot will be called for the impoundment of a vehicle at the officer’s direction.
III. TOW LIST
A. The Chief of Police shall establish a list of tow companies and their services. It shall consist of no more than ten (10) companies capable of towing large and small vehicles.
1. Any tow service that wishes to be placed on the tow list must first submit a completed “Tow Truck Service Application “.
2. The tow company should provide 24-hour service and should have a fenced lot that may be locked to preserve evidence or those vehicles seized on court orders.
3. The list shall contain reputable businesses throughout the City as to not cause undue delay response time.
4. The Chief or his designee shall be responsible for maintaining the tow list, adding new companies as necessary and removing companies that prove to be unreliable. Any complaints regarding any company on the tow list shall be documented and referred to the Chief or his designee.
B. A copy of the list shall be maintained at police communications in the Emergency Operations Center.
IV. TOWED VEHICLE PROCEDURE
A. Members of the Cumberland Police Department will not tow any vehicles from a private lot unless it falls into one of the categories in this general order. Any vehicles towed from a private lot or any other private property for illegal parking or trespassing will be at the direction of the property owner or one of his agents.
B. When an officer requests the towing of a vehicle for any reason, such as; disabled causing a hazard, abandoned, recovered stolen or involved in a crash, the officer shall initiate an incident report.
C. The communications specialist will initiate the information in the tow program. Additional information will be completed by the officer handling the case.
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1. The dispatcher must fill in the “called” time and “arrival” time. Therefore, the officer on the scene must notify the communications specialist when the tow truck arrives.
2. Either the communication specialist or the officer requesting the tow truck must enter all owner and vehicle information in the appropriate fields.
D. Before the end of the officer’s shift all paperwork shall be turned in and reviewed by the Duty Supervisor.
E. When the owner or his agent of the stored vehicle wishes to claim the vehicle he/she must present proof of ownership.
1. A vehicle release form will be completed by the releasing officer no sooner than twenty-four (24) hours after the vehicle was originally towed.
2. The release form will be given to the owner or his agent as a release to the tow company. The towed vehicle computer program and the incident report will be updated showing the vehicle was released.
V. TOWING VEHICLES IN VIOLATION/INVOLVED IN CRASHES OR DISABLED
A. Requests by owner/operator for a specific tow service may be honored with consideration given to the existing traffic conditions and the proximity of the desired towing service.
B. Officers requesting tow services will normally do so via the police radio. Requests shall include the following information:
1. Make, model, color and vehicle tag number
2. The exact location of the vehicle being towed.
C. All vehicles towed in this category will be taken to the lot of the tow service unless otherwise specified by the owner/operator.
D. If the owner/operator is not present when the vehicle is towed, the vehicle contents will be inventoried using CPD Form #39, Towed Vehicle Inventory Form. Valuable property will be placed in the property room.
1. When the vehicle is towed without the knowledge of the owner/operator the officer will be responsible for follow-up in notifying the owner.
2. All unattended vehicles towed will be checked for stolen prior to a tow truck being requested.
3. When a vehicle is towed for illegal parking, the vehicle will be tagged for the parking violation. The citation will be placed on the windshield.
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VI. STOLEN VEHICLES
A. If a stolen vehicle, a vehicle used without the authority of the owner, or a vehicle used in connection with a criminal activity is recovered, the investigating officer will:
1. Arrange for the vehicle to be processed for evidence.
2. If there is no reason for holding the vehicle, release may be made directly to an authorized person.
3. If the owner of the vehicle is not available and there is no reason for holding the vehicle, request a tow service.
4. If the vehicle must be retained as evidence or for further processing, it will be removed to the departments’ garage until it is no longer needed as evidence. The owner will be notified to pick up the vehicle at headquarters. If the vehicle cannot be picked up within a reasonable amount of time, the vehicle will be towed to a storage lot.
5. The vehicle owner will not be charged when a vehicle is towed as evidence under this section. The department will process the service charge.
B. The officer will contact the owner or, in the case out of County or out of State, cause a teletype to be sent to the agency in that area requesting notification of the owner, advising of the recovery and how the vehicle may be claimed.
VII. TOWING VEHICLES EVIDENTIAL PROCEDURES
A. If for any reason a vehicle should be held for further processing or cannot be adequately processed at the scene, it will be impounded. The tow service operator who responds will be advised not to enter the vehicle. If evidence tape is available it will be used to seal the doors of the vehicle.
1. Vehicles impounded for evidence purposes will be towed to the departments’ garage.
2. When a vehicle is towed for this reason, the Duty Supervisor will contact the C3I Duty Supervisor as soon as possible and advise him of the circumstances of the case and the processing needed on the vehicle.
3. The C3I Duty Supervisor will coordinate any further action concerning the vehicle.
VIII. TOWED VEHICLE INVENTORY
A. Officers will examine vehicles prior to removal by towing services. Inventory will be recorded on the Vehicle Inventory Form (CPD Form #39). Maintain custody of the vehicle until the inventory
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is complete. If the vehicle is blocking traffic flow, or causing a hazard, the member shall move the vehicle to a safe location.
1. Document on Property/Evidence Inventory Form in the Police Reporting System, any seized evidence, and place it in a temporary evidence locker at CPD.
2. List property remaining in the vehicle on the Vehicle Inventory Form, CPD Form #39.
a). List items of value separately or individually.
b). List large quantities of similar items, such as clothing, small tools, documents, etc. by their grouping rather than individually.
3. Forced entry into a trunk, glovebox, suitcase or other item is not permitted to complete an inventory unless express permission has been granted and a consent search form has been signed by the owner.
4. Items such as clothing in a suitcase or tools in a tool kit need not be individually itemized, but can, for example be described on the Vehicle Inventory Form (CPD Form #39) simply as “women’s clothing” or “auto mechanic’s tools”.
5. Document any property of value removed from the vehicle for safekeeping on the Vehicle Inventory Form (CPD Form #39) acknowledging the list of items remaining with the vehicle.
B. Limitations are imposed on the scope of an inventory and each inventory must be justified. An inventory may extend to any part of the vehicle where personal property would ordinarily be kept; looking elsewhere will call into question the officer’s motives.
1. Unlocked packages may be opened for the mutual protection of the officer and the owner.
2. Evidence or contraband discovered in the conduct of the inventory can be seized and used in a criminal prosecution. The burden is on the officer, however, to show that the inventory was reasonable and pursuant to Agency policy.
C. Promptly after evidence is discovered during an inventory, the inventory should be stopped, the property secured, and a search warrant obtained. Only after execution of the search warrant should the inventory be completed.
D. Except for evidence, only items of value or those with an obvious attraction which may result in its disappearance, should be removed and placed on a property record.
1. Personnel shall consider each item in the vehicle as their obligation to safeguard.
2. An obvious broken CB set has little appeal and/or resale value as compared to a leather brief case which is empty; or a soldering gun, as compared to a hammer. Personnel are encouraged to use good judgment in light of the circumstances involved.
3. Items not removed will be locked in the vehicle, preferably in the trunk. 399
E. If the vehicle is locked, inventory visible items only. If no items are visible or there is nothing to inventory, indicate this in the report.
F. Vehicle Inventory Form (CPD Form #39) will be scanned and distributed to the following:
1. Original will be scanned with the original sent to the Property Supervisor
2. Scanned image will be attached to the Incident Report and made part of the PC Files of that particular Incident Report.
IX. TOW RECORDS
A. The person releasing a vehicle will check the Vehicle Towing Program for the vehicle. If it is listed and may be released, the vehicle report form will be completed and the file completed.
B. Any person claiming a vehicle will sign the vehicle release and be given a copy. The officer releasing the vehicle will insure there is no “Hold” on the vehicle and that it may be released.
C. It has been twenty-four (24) hours since the vehicle has been towed, in cases of DUI/DWI
D. Vehicles may be released to:
1. To the owner,
2. To an authorized agent of the owner with notarized form from the owner giving such authorization,
3. Upon presentation of a court order, or;
4. Upon presentation of a notarized form or document indicating that the person or firm named on the form or document is lawfully entitled to the stored vehicle.
61.4.4 TRAFFIC SAFETY EDUCATIONAL MATERIALS
A. Since the ultimate goal of the agency is to achieve voluntary compliance with traffic laws and regulations, the agency will prepare, disseminate, or make available traffic safety educational materials that support enforcement efforts and enhance public understanding of traffic safety programs.
1. The Traffic Liaison or designee will be responsible for coordinating the agency's efforts in traffic safety education with schools, courts, public and private agencies, and the community.
2. A variety of materials will be kept available to the public dealing with traffic laws, traffic safety, and related topics.
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Cumberland Police Department
General Order #71 Subject: Prisoner Transportation Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
71.1.1 Search of Prisoner 71.1.2 Search of Transport Vehicle 71.1.3 Seating Arrangements for Officers 71.1.4 Keeping Prisoners in Sight 71.1.5 Communications with Prisoner 71.1.6 Procedures for Officer at Destination 71.1.7 Prisoner Escapes 71.1.8 Notifying the Court of Security Hazards 71.2.1 Restraining Prisoners 71.3.1 Transporting Persons of the Opposite Sex 71.3.2 Transporting Sick, Injured, or Disabled Persons 71.3.3 Security of Ill/Injured Persons 71.3.4 Transporting Prisoners in other Situations 71.4.1 Prisoner Transport Vehicles 71.4.2 Transport Vehicle Modifications 71.5.1 Documentation of Prisoner 71.9.0 Infectious Disease Prevention/Bloodborne Pathogen Exposure Control Plan
71.1 TRANSPORT OPERATIONS
71.1.1 SEARCH OF PRISONER
A. Any person to be transported as a prisoner will be searched by a transporting officer prior to being placed in the conveying vehicle.
1. Officers shall not conduct more than a "pat down" search for weapons when the individual in their custody is of the opposite sex of the transporting officer.
B. Strip searches or body cavity searches, if deemed necessary, will be conducted at a jail and in compliance with Maryland Commission on Correctional Standards. (See General Order 72.5.1)
71.1.2 SEARCH OF THE TRANSPORT VEHICLE 402
A. Any officer whose vehicle may be used for purposes of prisoner transportation will search the vehicle at the beginning of each shift.
1. Vehicles which may be used to transport prisoners shall be inspected at the beginning of each work shift to ensure the vehicle is in proper working order, that the vehicle is properly supplied, that functional restraints are in working order, and that the vehicle contains no contraband.
B. Vehicles used to transport prisoners will be searched prior to and after transporting prisoners.
1. This search will be conducted to ensure that no contraband is in the vehicle before the prisoner is transported and that the prisoner has not left any property or contraband in the vehicle.
71.1.3 SEATING ARRANGEMENTS FOR OFFICERS
A. If the prisoner transport van and/or a vehicle with a prisoner partition is unavailable and a single officer is transporting a prisoner, that prisoner shall be seated and secured in the rear seat, opposite the driver.
B. If there is more than one transporting officer, that officer shall be seated in a location in the transporting vehicle which offers the greatest amount of security and safety for the officers, the prisoner(s), and the public.
71.1.4 KEEPING PRISONERS IN SIGHT
A. Transporting officer(s) shall not lose sight of prisoners.
1. If it is necessary for the prisoner to use sanitary facilities, the transporting officer shall, at a minimum, be in a position to make certain the prisoner cannot leave the facility, which may necessitate the officer checking the facility prior to use by the prisoner to make certain there are not unsecured means of exit.
B. If a meal will be required during the transport of a prisoner from another agency, the selection of the location the meal is taken shall be at random (long trips).
C. Officers transporting prisoners will not stop to respond to the need for law enforcement services unless the risk to the third parties is both clear and grave and the risk to the prisoner(s) and the public is minimal should the officer stop to render assistance.
71.1.5 COMMUNICATIONS WITH THE PRISONER
A. In order to ensure the safety and security of the prisoner(s), transporting officers will not normally allow the prisoner to communicate with others while being transported.
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B. Transporting officers shall determine prior to transport that the prisoner has been given ample opportunity to communicate with an attorney and make other privileged communications to lessen the possibility of the desire or necessity for communication during actual transportation.
71.1.6 PROCEDURES FOR OFFICER AT DESTINATION
A. Upon arrival at their destination, transporting officers will secure their firearms and other lethal weapons, such as buck knives carried on the officer’s duty belt, preferably in a firearms locker provided at the destination, but, if not available, then preferably in the trunk of the transporting vehicle.
1. Transporting officer(s) shall not be armed while in custody of a prisoner in a holding cell.
B. Restraining devices should be removed once the prisoner is in a holding cell.
C. Documentation of transfer, commitments or releases, or other necessary legal documents or agency mandated papers will be given to the receiving officer at the destination as soon as possible after arrival, but only after the receiving institution has secured the prisoner.
1. This documentation will normally be a Statement of Charges given to the receiving officer at a detention facility, along with any applicable commitment papers.
D. The receiving officer or a representative of the receiving institution should provide a signature or other documentation for the receipt of the prisoner.
1. This may be accomplished by providing the receiving officer with a copy of the prisoner transportation sheet and having the receiving officer sign this document with the date and time the prisoner is received.
71.1.7 PRISONER ESCAPES
A. If a prisoner escapes while being transported, the transporting officer will initiate the following actions.
1. Immediately notify the communications center of the escape, the prisoner's name and description, and any other information that can be quickly relayed to assist in the apprehension of the prisoner.
2. Personally or via communications personnel notify the agency or agencies in whose jurisdiction the escape has occurred, advising those agencies the information regarding the prisoner and request assistance.
3. Personally or via communications personnel advise the shift supervisor of the escape and keep the supervisor advised of developments in recovering the escaped prisoner.
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B. As soon as practical following the escape, the transporting officer will file an Incident Report, detailing the incident.
C. As soon as practical following the escape, the transporting officer will initiate criminal charges for escape and any other applicable violation(s) connected with the escape.
D. If the prisoner is immediately apprehended without assistance from other personnel, the transporting officer(s) should have at least one additional unit at the scene to assist with security and transportation of the prisoner.
71.1.8 NOTIFYING THE COURT OF SECURITY HAZARDS
A. The presiding judicial officer of the Court shall be notified any time prisoners which pose a security risk are being or will be conveyed by this agency to the court for hearings.
B. This agency will allot at least one additional officer, who will be specifically assigned to guard any prisoner who is deemed to pose a security risk.
1. In addition, the agency should consider keeping restraining devices on the prisoner during the time the prisoner is in the courtroom and may consider other security measures.
71.2 RESTRAINING DEVICES
71.2.1 RESTRAINING PRISONERS
A. Officers will handcuff all persons arrested or in custody, any person being transported to or from jail, and will normally handcuff persons arrested or in custody.
1. Prisoners will normally be handcuffed with their hands behind their backs and the handcuffs double locked.
2. If prisoners are handcuffed in front, such as for extended transportation, the cuffs will be passed through a belt or other appropriate restraining device to limit the prisoner's movement .
B. In transporting more than one prisoner, each should be handcuffed with hands in front, handcuffs double locked, and arms intertwined.
C. Officers will have leg restraints available to them and should use them when the prisoner poses a security risk or is combative.
D. Under no circumstances will a prisoner be handcuffed to any part of a transporting vehicle.
E. All prisoners will be securely restrained in the transporting vehicle with occupant safety restraining devices (seat belts) if seated in the front seat. (Maryland Vehicle Law Annotated 22-412.3(b))(See General Order 41.3.4)
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F. Officers transporting mentally disturbed prisoners (persons exhibiting erratic, violent, or unpredictable behavior) should consider the use of alternate forms of restraint other than handcuffs or "flexicuffs".
1. If the person(s) is being transported for evaluation at a hospital on an Emergency Petition, every effort should be made to transport the subject in a manner that will cause the least amount of agitation to the subject.
2. The Cumberland Fire Department ambulance should be used to transport any mentally disturbed subject to the hospital on an Emergency Petition. If necessary, an officer will ride in the ambulance to help control the subject.
3. Handcuffs and leg cuffs should only be used by officers as a last resort if other equipment is not available.
G. The use of restraining devices on handicapped prisoners will be left to the discretion of the transporting officer, based on the degree of handicap, the type of offense involved, and other directives that may apply.
H. The use of restraining devices on sick or injured prisoners will be left to the discretion of the transporting officer, based on the degree of injury or illness, the type of offense involved, and other directives that apply.
71.3 SPECIAL TRANSPORT SITUATIONS
71.3.1 TRANSPORTING PERSONS OF THE OPPOSITE SEX
A. If practical, prisoners will be transported by an officer of the same sex as the prisoner.
B. If manpower allows, officers transporting prisoners of the opposite sex will be accompanied by a second officer in the same vehicle.
C. Officers transporting prisoners of the opposite sex will advise the communications center of their starting location and beginning cruiser mileage (odometer reading) and the location and cruiser mileage at their destination. The communications center will advise the officer(s) of the time when they start the transport and then again, when the transport is completed.
71.3.2 TRANSPORTING SICK, INJURED, OR DISABLED PERSONS
A. Emergency Medical Services personnel will be called anytime a prisoner is or claims to be sick or injured.
1. EMS protocol will dictate whether the prisoner is to be transported by the squad/medic crew.
2. If the prisoner is to be transported by squad or medic, an officer will accompany the prisoner in the EMS vehicle to the medical facility. (See General Order 71.3.3) 406
3. If the prisoner is not to be transported by squad or medic (refuses aid, EMS personnel treat at scene, etc.) the prisoner can then be transported in the normal manner.
4. A copy of the EMS report will be obtained and included in the documentation of the arrest.
B. Officers required to transport a handicapped prisoner will attempt to transport the prisoner in the usual or customary transport vehicle.
1. A handicapped prisoner is defined as a prisoner with an anatomical, physiological, or mental impairment that hinders mobility.
2. If the extent of the handicap prohibits prisoner transportation in the normal manner, the officer will consult with a supervisor to locate a commercial vehicle with appropriate accommodations to transport the party.
3. It may be feasible to transport the prisoner is a customary transport vehicle, while transporting devices to assist the handicapped person (crutches, wheelchair, etc.) in another manner or vehicle.
71.3.3 SECURITY OF ILL/INJURED PERSONS
A. Prisoners requiring medical aid will normally be accompanied to a hospital or medical facility by an officer, but will not normally be handcuffed or otherwise restrained unless they pose a high security risk or become violent or resist. (See General Order 71.2.1)
1. Emergency Medical Services personnel will be called anytime a prisoner is or claims to be sick or injured.
a. EMS protocol will dictate whether the prisoner is to be transported by the squad/medic crew.
b. If the prisoner is to be transported by squad or medic, an officer will accompany the prisoner in the EMS vehicle to the medical facility.
c. If the prisoner is not to be transported by squad or medic (refuses aid, EMS personnel treat at scene, etc.) the prisoner can then be transported in the normal manner.
d. A copy of the EMS report will be obtained and included in the documentation of the arrest. (See General Order 71.3.2)
2. The use of restraining devices on sick or injured prisoners will be left to the discretion of the transporting officer, based on the degree of injury or illness, the type of offense involved, and other directives that apply. (See General Order 71.2.1)
B. If a prisoner is to be admitted to a medical facility, the transporting officer will notify the supervisor who should determine if the prisoner will need to be continually guarded or if the prisoner may be charged on a Criminal Citation and released at the medical facility. 407
1. The decision shall be based on the seriousness of the offense, the potential threat to the community, and the probability that the prisoner will appear in court.
71.3.4 TRANSPORTING PRISONERS IN OTHER SITUATIONS
A. This agency will not provide transportation of prisoners for special situations, such as visiting the critically ill, funerals, etc.
1. This agency is only responsible for prisoner transportation to custodial facilities from processing or point of arrest, from custodial facilities to court for purposes of hearings, and from court for hearings to detention facilities.
71.4 TRANSPORT EQUIPMENT
71.4.1 PRISONER TRANSPORT VEHICLES
A. The primary vehicle used for the transportation of prisoners will be the Emergency Van (Unit #36).
1. The Emergency Van (Unit #36) is modified to minimize opportunities for the prisoner(s) to escape from the vehicle.
a. All interior door handles in the rear of the unit will be rendered inoperable.
b. All windows in the rear of the unit will be covered so as to minimize any escape potential.
c. A plexiglass/perforated metal barrier will separate any prisoner(s) from the driver and/or any other officer.
B. A secondary transport vehicle will only be used to transport a prisoner when the primary transport vehicle (Unit #36) is unavailable.
71.4.2 TRANSPORT VEHICLE MODIFICATIONS
A. Vehicles used as secondary transport vehicles may be modified to minimize opportunities for the prisoner to exit from the rear of the vehicle.
1. Vehicles may be modified by removing the rear window cranks or disabling the power window switch and by removing interior door handles or using the child safety toggle on the rear door to inhibit prisoners from escaping.
2. Secondary transport vehicles may be equipped with safety screens to separate the officer in the front of the vehicle and the prisoner in the rear area.
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71.5 DOCUMENTATION
71.5.1 PRISONER DOCUMENTATION
A. Before transporting prisoners from this agency to another facility, the transporting officer will confirm the identity of the prisoner with the arresting officer and will obtain necessary documentation papers.
1. Prior to transporting a prisoner, the officer shall run checks through MILES/NCIC/Allegany County Combined warrant file to ensure there are no outstanding warrants and to check for possible aliases.
2. If an officer encounters a "John Doe", the officer will document as much information as possible and forward as a "John Doe" until such time as the person’s identity can be confirmed.
3. Officers transporting prisoners from another agency shall request that booking records and/or numbers assigned to the prisoner and other descriptors of the prisoner be confirmed before accepting the prisoner for transportation.
B. Proper documentation must accompany prisoners being transported between facilities or agencies.
1. Prisoners being transported to jail must be accompanied by the appropriate commitment papers.
a. Personal property removed from a prisoner will be transferred with the prisoner along with an inventory of the property transferred, which will be signed for by the receiving agency
b. If the prisoner has been treated for an illness or injury prior to being transported, documentation of the treatment will be included with the commitment paper, such as a copy of a treatment paper from the hospital or the number of the fire department EMS report.
2. Whenever applicable, officers will have Statement of Charges and/or warrants or other paperwork to be presented to the judicial officer.
3. Officers transporting prisoners from another facility to our agency or to our court will make certain that appropriate releases are completed and delivered to the agency or facility releasing the prisoner.
C. Information relating to the prisoner's escape or suicide potential or other personal traits of a security nature shall be included in documentation that accompanies the prisoner during transport.
71.9.0 INFECTIOUS DISEASE PREVENTION / BLOODBORNE PATHOGEN EXPOSURE CONTROL PLAN
I. PURPOSE
It is the purpose of this policy to provide officers with guidelines for preventing the contraction of the AIDS virus, hepatitis B and other bloodborne pathogens. 409
II. POLICY
It is the responsibility of the City of Cumberland, Department of Police to take all reasonable measures to allow its members to perform their duties in a safe and effective manner. The safe performance of daily operations is threatened by the AIDS and hepatitis B virus that can be contracted through exposure to infected blood and several types of bodily secretions. Therefore, it is the policy of this agency to continuously provide employees with information and education on prevention of these diseases, provide up-to-date safety equipment and procedures that will minimize their risks of exposure and to institute post-exposure reporting, evaluation and treatment for all members exposed to these diseases.
III. DEFINITIONS
A. Bodily Fluids: Blood, semen and vaginal fluids or other secretions that might contain these fluids such as saliva, vomitus, urine or feces.
B. Exposure Control Plan: A written plan developed by this agency and available to all employees that details the steps taken to eliminate or minimize exposure and evaluate the circumstances surrounding exposure incidents.
C. Personal Protective Equipment: Specialized clothing or equipment worn by members for protection against the hazards of infection. This does not include standard issue uniforms and work clothes without special protective qualities.
D. Universal Precautions: Procedures promulgated by the Centers for Disease Control (CDC) that emphasize precautions based on the assumption that all blood and bodily fluids are potentially infectious of the AIDS (HIV) and hepatitis B (HBV) viruses.
IV. PROCEDURES
A. General Disease Prevention Guidelines
1. This agency’s exposure control plan shall provide the overall strategy for limiting exposure to HIV and HBV viruses and responding to potential exposure incidents. This plan is provided to all members.
2. This agency subscribes to the principles and practices for prevention of HIV and HBV exposure as detailed in the “universal precautions” prescribed by the CDC and the federal regulations of the Occupational Safety and Health Administration. Where otherwise not detailed in this policy, officers shall be guided by these practices and procedures.
B. Workplace Controls and Personal Protective Equipment
1. In order to minimize potential exposure, officers should assume that all persons are potential carriers of HIV or HBV. 410
2. When appropriate protective equipment is available, no member shall refuse to arrest or otherwise physically handle any person who may carry the HIV or HBV virus.
3. Members shall use protective gear under all appropriate circumstances unless the member can demonstrate that in a specific instance, its use would have prevented the effective delivery of health care or public safety services or would have imposed an increased hazard to his safety or the safety of another co-worker.
a. All such instances shall be reported by the member and shall be investigated and appropriately documented to determine if changes could be instituted to prevent similar occurrences in the future.
4. Disposable gloves shall be worn when handling any persons, clothing or equipment with bodily fluids on them.
5. Masks in combination with eye protection devices, such as goggles or glasses with solid side shields or chin-length face shields, shall be worn whenever splashes, spray, spatter or droplets of potentially infectious materials may be generated and eye, nose or mouth contamination can be reasonably anticipated.
6. Gowns, aprons, lab coats, clinic jackets or other outer garments shall be worn as determined by the degree of exposure anticipated.
7. Plastic mouthpieces or other authorized barrier/resuscitation devices shall be used whenever an officer performs CPR or mouth-to-mouth resuscitation.
8. All sharp instruments such as knives, scalpels and needles shall be handled with extraordinary care and should be considered contaminated items.
a. Leather gloves or their protective equivalent shall be worn when searching persons or places or dealing in environments, such as crash scenes, where sharp objects and bodily fluids may reasonably be encountered.
b. Searches of automobiles or other places should be conducted using a flashlight, mirror, or other devices where appropriate. Subsequent to a cautious frisk of outer garments, suspects should be required to empty their pockets or purses and to remove all sharp objects from their person.
c. Needles shall not be recapped, bent, broken, removed from a disposable syringe or otherwise manipulated by hand.
d. Needles shall be placed in departmentally provided, puncture-resistant, leakproof containers that are marked as biohazardous when being collected for evidence, disposal or transportation purposes.
9. Officers shall not smoke, eat, drink or apply makeup around bodily fluid spills.
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10. Any evidence contaminated with bodily fluids shall be completely dried, double bagged and marked to identify potential or known communicable disease contamination.
C. Custody and Transportation of Prisoners
1. Officers shall not put their fingers in or near any person’s mouth.
2. Individuals with bodily fluids on their persons shall be transported in separate vehicles from other persons. The individual may be required to wear a suitable protective covering if he is bleeding or otherwise emitting bodily fluids.
3. Officers have an obligation to notify relevant support personnel during a transfer of custody when the suspect has bodily fluids present on his person, or has stated that he has a communicable disease.
4. Officers shall document on the appropriate arrest or incident form when a suspect taken into custody has bodily fluids on his person, or has stated that he has a communicable disease.
D. Housekeeping
1. Supervisors and their employees are responsible for the maintenance of a clean and sanitary workplace and shall conduct periodic inspections to ensure that these conditions are maintained.
2. All supervisory personnel shall determine and implement written schedules as appropriate for cleaning and decontamination based on the location within the facility or work environment, the type of surface or equipment to be cleaned, the type of soil present and the tasks and procedures to be performed in the area.
3. All equipment and environment and work surfaces must be cleaned and decontaminated after contact with blood and other potentially infectious materials as provided in this policy.
4. Any protective coverings used in laboratory, evidence custody or enforcement operations for covering surfaces or equipment shall be removed or replaced as soon as possible following actual or possible contamination.
5. Bins, pails and similar receptacles used to hold actual or potentially contaminated items shall be labeled as biohazardous, decontaminated as soon as feasible following contamination as well as inspected and decontaminated on a regularly scheduled basis.
6. Officers shall remove clothing that has been contaminated with bodily fluids as soon as practical and with as little handling as possible. Any contacted skin area shall be cleansed with approved disinfectant.
7. Contaminated laundry and personal protective equipment shall be bagged or containerized at the location where it is used in departmentally approved leakproof containers but shall not be sorted, rinsed or cleaned at that location.
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8. Only employees specifically designated by the chief executive shall discard actual or potentially contaminated waste materials. All such disposal shall conform with established federal, state and local regulations.
E. Disinfection
1. Any unprotected skin surfaces that come into contact with bodily fluids shall be thoroughly washed as soon as possible with hot running water and soap for at least 15 seconds before rinsing and drying.
a. Alcohol or antiseptic towelettes may be used where soap and water are unavailable.
b. Disposable gloves should be rinsed before removal and hands and forearms should then be washed.
c. Skin surfaces shall be washed and mucous membranes flushed as soon as feasible following the removal of any personal protective equipment.
d. Hand lotion should be applied after disinfection to prevent chapping and to seal cracks and cuts on the skin.
e. All open cuts and abrasions shall be covered with waterproof bandages before reporting to duty.
2. Disinfection procedures shall be initiated whenever bodily fluids are spilled or an individual with bodily fluids on her person is transported in a departmental vehicle.
a. A supervisor shall be notified and the vehicle taken out of service until disinfected.
b. Affected vehicles shall be immediately designated with the posting of an “Infectious Disease Contamination” sign while awaiting disinfection.
c. Service personnel shall remove any excess bodily fluids from the vehicle with an absorbent cloth, paying special attention to any cracks, crevices or seams that may be holding fluids.
d. The affected areas should be disinfected using hot water and detergent or alcohol and allowed to air dry.
e. All police vehicles scheduled for washing and routine maintenance shall, as part of that routine, be cleaned in the interior with an approved disinfectant.
3. Nondisposable equipment and areas upon which bodily fluids have been spilled shall be disinfected as follows:
a. Any excess bodily fluids should first be wiped up with approved disposable absorbent materials.
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b. A freshly prepared solution of one part bleach to 10 parts water or a fungicidal/myobactericidal disinfectant shall be used to clean the area or equipment.
F. Supplies
1. Supervisors are responsible for continuously maintaining an adequate supply of disease control supplies in a convenient location for all affected personnel in their unit. This includes, but is not limited to, ensuring that a personal protective equipment in appropriate sizes, quantities and locations are available;
a. Personal protective equipment in appropriate sizes, quantities and locations are available;
b. First aid supplies and disinfecting materials are readily available at all times.
2. All departmental vehicles shall be continuously stocked with the following communicable disease control supplies:
a. Personal protective equipment in appropriate size and quantity for affected personnel to include face and eye protective devices, coveralls, disposable gloves and booties, leather gloves, puncture-resistant and leakproof containers for needles and other sharp objects, barrier resuscitation equipment and leakproof plastic bags.
b. Liquid germicidal cleaner.
c. Disposable towelettes (70 percent isopropyl alcohol).
d. Waterproof bandages.
e. Absorbent cleaning materials.
f. “Isolation Area-Do Not Enter” signs.
3. Officers using supplies stored in their vehicles are responsible for ensuring that they are replaced as soon as possible.
4. Officers are required to keep disposable gloves in their possession while on either motor or foot patrol.
G. Vaccination, Exposure, Evaluation, and Treatment
1. All members of this agency who have been determined to be at risk for occupational exposure to the hepatitis B virus shall be provided with the opportunity to take the HIV vaccination series at no cost within 10 working days of assignment to an occupationally exposed duty. The vaccination shall be provided if desired only after the member has received required departmental training, has not previously received the vaccination series and only if not contraindicated for medical reasons.
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2. Any person who has unprotected physical contact with blood or other bodily fluids of another person while in the line of duty shall be considered to have been potentially exposed to HBV and/or HIV.
3. In cases of exposure, a supervisor shall be contacted who shall complete appropriate duty injury and medical forms and shall take appropriate steps to document the means and circumstances under which the exposure occurred.
a. An officer exposed to a potentially HBV or HIV subject will complete the Bloodborne Pathogen form in the Police Reporting System
4. Immediately after exposure, the officer shall proceed to the designated health care facility for tests of evidence of infection and treatment of any injuries.
a. This agency shall ensure continued testing of the member for evidence of infection and provide psychological counseling as determined necessary by the health care official.
b. The members shall receive a copy of the health care provider’s written opinion within 15 days of the evaluation and information on any conditions resulting from the exposure that require further evaluation or treatment.
c. Unless disclosure to an appropriate departmental official is authorized by the officer or by state law, the officer’s medical evaluation, test results and any follow-up procedures shall remain confidential.
5. Any person responsible for potentially exposing a member of this agency to a communicable disease shall be encouraged to undergo testing to determine if the person has a communicable disease.
a. The person shall be provided with a copy of the test results and a copy shall be provided to the exposed agency member. The member shall be informed of applicable state laws and regulations concerning the disclosure of the identity and infectious status of the source individual.
b. Criminal charges may be sought against any person who intentionally exposes a member of this agency to a communicable disease.
6. Officers who test positive for HIV or HBV may continue working as long as they maintain acceptable performance and do not pose a safety and health threat to themselves, the public or other members of this agency.
a. This agency shall make all decisions concerning the employee’s work status solely on the medical opinions and advice of the agency’s health care officials.
b. This agency may require an employee to be examined by the department health care officials to determine if he is able to perform his duties without hazard to himself or others.
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7. All members of this agency shall treat employees who have contracted a communicable disease fairly, courteously and with dignity.
H. Record Keeping
1. This agency’s personnel function shall maintain an accurate record for each employee with occupational exposure that includes information on vaccination status; the results of all examinations, tests and follow-up procedures; the health care professional’s written opinion; and any other germane information provided by the health care professional.
2. These health care records shall be retained in a secured area with limited access for the duration of the member’s employment plus 30 years and may not be disclosed or reported without the express written consent of the member.
I. Training
1. This agency’s training coordinator shall ensure that all members of this agency with occupational exposure are provided with a complete course of instruction on prevention of bloodborne diseases prior to their initial assignment.
2. All affected employees shall receive annual refresher training and additional training whenever job tasks or procedures are modified in a manner that may alter their risk of exposure.
3. All trainees shall have access to applicable federal and state regulations pertaining to the regulation of bloodborne pathogens.
4. The training coordinator shall ensure that complete records are maintained on member training to include information on the dates and content of training sessions, names and qualifications of persons conducting the training and the names and job titles of all persons attending the training sessions. These records shall be maintained for a period of three years from the date of training.
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City of Cumberland Department of Police
Bloodborne Pathogen Exposure Control Form
Exposed Officer’s Name: ______Rank:______
I.D.#: ______Social Security#: ______Assignment: ______
Case#: ______Date of Exposure: ______
Type of incident (auto crash, assault, etc.):______
Type of Body Fluid Exposed To: Blood: ______Urine: ______Saliva: ______Feces: ______Vomit: ______Sputum: ______Tears: ______Sweat: ______Other: ______
Parts of Body Exposed:______
______
Did Officer have any open cuts, sores, or rashes that were exposed? ______
How did exposure occur (be specific): ______
Did officer seek medical attention: ______Yes ______No
Where: ______Date: ______
Miscellaneous Information:______
Officer’s Signature: ______Date ______
Supervisor’s Signature: ______Date ______
Reviewed By: ______Chief of Police Date______
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HEPATITIS B IMMUNIZATION
Hepatitis B Vaccination Declination (Mandatory) CFR 1910.1030
I understand that due to my occupational exposure to blood or other potentially infectious materials, that I may be at risk of acquiring Hepatitis B Virus (HBV) infection. I have been given the opportunity to be vaccinated with Hepatitis B Vaccine, at no charge to myself. However, I decline Hepatitis B vaccination at this time. I understand that by declining this vaccine I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood and other potentially infectious materials and I want to be vaccinated with Hepatitis B Vaccine, I can receive the vaccination series at no charge to me.
I have read the protocol and information pertaining to the Hepatitis B Immunization. I understand the information relating to the vaccine and understand there is a possibility of an adverse reaction to the vaccine for Hepatitis B.
I understand that without obtaining a titer blood test after completion of my vaccinations, there is no other way of knowing if the vaccination has been successful. I understand that this blood test is not provided by this program and is my responsibility to arrange with my family doctor.
I have decided to participate. (Circle your choice) I have not decided to participate.
______Witness
______Provider’s Signature
Date ______
Information on person receiving vaccination (Please Print) Name:______
Address:______
City: ______State: ______Zip: ______
Home Phone: ______-______-______
Are you allergic to any food or medications? (circle one) YES NO If yes, explain: ______
DATES OF VACCINATION:
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Cumberland Police Department
General Order #72 Subject: Holding Facility Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
72.1.1 Operations Training 72.1.2 Access to Non-Essential Persons 72.1.3 Safeguarding Detainee Records 72.2.1 Minimum Conditions for Detainees 72.3.1 Facility Fire Prevention Procedures 72.3.2 Emergency Evacuation Plan 72.3.3 Sanitation Inspection of Facility 72.4.1 Securing Firearms 72.4.2 Entering Occupied Cells 72.4.3 Control and Use of Keys 72.4.4 Securing Holding Facility Doors 72.4.5 Security Check of Cell 72.4.6 Weekly Security Inspection of Facility 72.4.7 Use of Tools and Utensils 72.4.8 Audio/Visual Communication System 72.4.9 Security Alarm System 72.4.10 Procedures Following an Escape 72.4.11 Reports of Threatening Incidents 72.5.1 Detainee Search 72.5.2 Storing Detainee Property 72.5.3 Detainee Intake Form 72.5.4 Separate Holding Areas 72.5.5 Intoxicated/Disturbed Detainees 72.5.6 Receiving Detainees from other Agencies 72.5.7 Group Arrests 72.5.8 Positive Identification before Release 72.5.9 Returning Detainee Property 72.6.1 Medical Assistance for Detainees 72.6.2 First Aid Kit / Inspection 72.6.3 “Receiving-Screening” Information 72.6.4 Access to Medical Care for Detainees 72.6.5 Pharmaceuticals 72.7.1 Detainee Rights 72.8.1 Supervision of Detainees 419
72.8.2 Audio/Visual Surveillance 72.8.3 Supervising Detainees of the Opposite Sex 72.8.4 Mail or Packages 72.8.5 Detainee Visitation Rights 72.9.1 Temporary Detention
72.1 ORGANIZATION, MANAGEMENT & ADMINISTRATION
72.1.1 OPERATIONS TRAINING
A. All members of the Cumberland Police Department will receive training on holding facility operations.
1. Training for sworn members of the department will include specific operations, use of restraints, and safety and security measures.
2. Training for other members of the department shall include, at a minimum, familiarization with the facility and instruction in their specific role.
3. All members of the agency shall be familiarized with evacuation procedures, including notification of the fire department for fire suppression.
72.1.2 ACCESS TO NON-ESSENTIAL PERSONS
A. Non-essential persons shall not be granted access to the holding facility when it is occupied.
1. Only police personnel (or fire/EMS personnel if needed for an emergency at the facility) need access to the facility when it is occupied.
72.1.3 SAFEGUARDING DETAINEE RECORDS
A. The release of arrest records will be in accord with other department policies, local ordinances, and state statutes, specifically the Maryland Criminal Laws Annotated, Criminal Procedure, Title 10 - Criminal Records.
1. Security precautions for criminal history records will be in accord with regulations of the Maryland Criminal Justice Information System (CJIS) and U. S. Department of Justice regulations.
B. Information concerning open cases will not be released without the approval of the Chief of Police, his Designee, or the officer in charge of the Combined County Criminal Investigation Unit (C3I).
1. This information may be released upon order of the Court, e.g. subpoena, or upon request of the Prosecutor's Office.
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C. Records and other documentation shall not be removed from the records area except upon order of the Court, e.g. subpoena, or upon request of the Prosecutor's Office, for case summaries, by an officer for purposes of investigation, or upon order of the Chief of Police.
1. Any officer who removes an original file from the records area will sign out the file with the records clerk. Information logged by the records clerk will be the officer’s name, the file number, and the date removed.
D. The Public Records Act requires most police records be made available to the public for inspection.
1. Every public office must allow inspection of all public records within a reasonable amount of time, during regular business hours.
a. Records shall be made available on workdays, Monday through Friday, during business hours, only.
2. Every public office must provide copies of all public records at cost and within a reasonable amount of time.
a. Requests for records must be specific in nature and no blanket requests for documents will be honored.
b. Employees shall attempt to comply with requests, but if there is a question about a particular request, the employee should ask the person requesting the report to put his/her request in writing in order that we may better serve his/her needs.
c. A fee schedule is established to offset the cost of reproducing documents. (See General Order 82.1.1)
3. Certain information may not be released to the public under any circumstances. (See below)
E. Certain records are not subject to the Public Records Act and shall not be released to the public.
1. Medical records, including psychiatric and psychological reports, will not be released.
a. Information having to do with history, diagnosis, or prognosis as a result of medical treatment may not be divulged.
2. Adoption, probation, and parole records legally cannot be released.
3. Juvenile records, police or court, are confidential and its contents may not divulged by subpoena or otherwise, except by order of the court upon good cause shown. Maryland Criminal Laws Annotated, Courts and Judicial Proceedings Section 3-828.
4. Trial preparation records will not be released.
5. Confidential law enforcement investigatory reports which meet the criteria below will not be released. 421
a. The information in these reports must pertain to a matter involving the enforcement of laws which is currently under investigation.
b. The information must also meet one or more or the following criteria:
1) information would create a high probability of disclosing the identity of a suspect who has not been charged;
2) information would create a high probability of disclosing the identity of an information source or witness who has been promised his/her identity would be kept confidential;
3) information that creates a high probability of endangering the safety of law enforcement personnel, crime victims, witnesses, or information sources;
4) information that creates a high probability of disclosing specific investigatory techniques and procedures;
5) information that creates a high probability of disclosing specific investigatory work product (information gathered by the investigating agency once its inquiry has focused on a particular person, complaint, or event) but not including basic factual information about the event.
6. Certain other State and Federal laws prohibit the release of the following information.
a. Information where court orders that information not to be released.
b. Records of habitual sex offenders.
c. Information obtained from the CJIS/NCIC computer database.
72.2 PHYSICAL PLANT
72.2.1 MINIMUM CONDITIONS FOR DETAINEES
A. The holding facility shall provide the following minimum conditions for detainees.
1. Lighting in accordance with local code. Local code states this will be natural lighting on the ratio of approximately 6% of the square footage, supplemented with artificial lighting.
2. Circulation of fresh or purified air in accordance with local public health standards.
3. Access to a toilet and drinking water.
4. Access to a wash basin.
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5. Since detainees will not be held over eight hours, it shall not be necessary to provide a bed or bedding in the holding facility.
72.3 SAFETY AND SANITATION
72.3.1 FACILITY FIRE PREVENTION AND PROCEDURES
A. The agency will plan and execute all reasonable procedures for the prevention and prompt control of fire in conjunction with recommendations of local fire officials, namely the Fire Inspector of the City of Cumberland.
1. The facility has an automatic fire alarm and heat and smoke detection system which is approved in writing by local fire officials.
2. In the event a fire alarm, smoke alarm or sprinkler system is activated, an alarm will sound throughout the facility and any employee will call for a standard fire response to this facility.
B. The type and location of fire equipment will be approved in writing by local fire officials.
C. The weekly inspection and semi-annual testing of fire equipment shall be documented in writing.
1. Documentation, which shall include the identification of the person conducting the inspection or testing, shall be maintained in the Office of Chief of Police or designee.
D. A daily inspection and monthly testing of the facility's automatic fire detection devices and alarm system shall be conducted and documented in writing.
1. Documentation, which shall include the identification of the person conducting the inspection or testing, shall be maintained by the Office of the Chief of Police or designee.
72.3.2 EMERGENCY EVACUATION PLAN
A. The agency shall have a written and posted emergency evacuation plan for the facility and designated and signed emergency exits directing evacuation of persons to hazard free areas.
1. This plan will be prepared in conjunction with local fire officials.
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Evacuation Plan
Primary exits from the Patrol/Administrative/Investigations areas of the police wing of the Public Safety Building will be toward the front (south) side of the building. Primary exits from the Processing/Training Room/Records/Property areas of the police wing of the Public Safety Building will be toward the rear (north) side of the building. Each area will have a primary, secondary, and (if applicable) tertiary route indicated on diagrams.
Upon alarm activation, occupants are to evacuate the building.
Employees will attempt to pinpoint the alarm location and shall notify dispatch for the appropriate fire department response as dictated by Cumberland Fire Department standard operating procedures.
If there are prisoners in the holding cells, the officer on station responsible for their supervision will be responsible for evacuating the prisoners. The primary plan will be to evacuate them into the Emergency Van (Unit #36) in the police garage. If the garage is not safe for holding prisoners, the Emergency Van will be moved to a safe location, guarded by at least one officer, on the Public Safety Building parking lot. If either or both of the holding cells are in use, the Wagon Driver (officer assigned to the Emergency Van) will be the officer in charge of the prisoners and should make every attempt to be in the Public Safety Building in case of such emergencies. As time permits, the Operations Commander and Chief of Police will also be notified of the incident.
The building is not to be reoccupied until the fire department has declared an "all clear" and has approved occupancy. The fire department will be in charge of the facility any time an alarm is sounded until they resolve the fire or similar type emergency.
On scene fire department personnel will be responsible for resetting the fire alarm. Once the fire department has determined the nature of the problem or the alarm is determined to be false and the situation is clarified, the alarm may be reset. The system is not to be reset without the knowledge and/or approval of fire department command personnel on scene and police supervisor.
72.3.3 SANITATION INSPECTION OF FACILITY
A. The agency will conduct a documented weekly sanitation inspection of the holding facility.
1. Documentation, which shall include the identification of the person conducting the inspection or testing, shall be maintained by the Office of the Chief of Police or designee.
2. In the event that vermin or pests or evidence of vermin or pests are found in the facility, the agency shall have the facility cleaned and/or fumigated.
3. The facility will be sprayed at least once a month for pests. Documentation will be maintained by the Office of the Chief of Police or designee.
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72.4 SECURITY AND CONTROL
72.4.1 SECURING FIREARMS
A. Firearms will be secured in a gun locker (located across from the processing/intoximeter room, before the hallway to the holding cells) before anyone enters the holding facility, unless precluded by a tactical or hostage situation.
1. Lethal weapons such as buck knives carried on the officer’s duty belt and tactical knives, should also be secured with the officer’s firearm in a gun locker.
72.4.2 ENTERING OCCUPIED CELLS
A. An officer shall only enter an occupied cell to escort a prisoner out of the cell and shall only enter the cell when another officer is present.
72.4.3 CONTROL AND USE OF KEYS
A. Holding facility doors shall remain locked at all times, except to allow employees and/or detainees in and out of the facility.
1. Keys to the detention cells are under the direct control of the Shift Commander and will be located in the communications center with the Detention Cell Log.
a. If the Shift Commander is on another assignment, the detention cell keys will be under the control of the Shift Supervisor.
2. The Shift Commander or designee will be responsible for opening and securing the detention cell door(s) when a prisoner is placed in the facility.
3. In the case that the Shift Commander is not available to place an arrestee in a detention cell, the arresting officer will obtain the keys to the detention cell(s) from the Officer in Charge. The officer will then be responsible for opening and securing the detention cell door(s) when a prisoner is placed in the facility.
a. In this manner, possession of the detention cell keys will be limited to authorized personnel only.
4. A spare set of keys will be kept in a lockbox in the Supervisor’s office for emergency situations.
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72.4.4 SECURING HOLDING FACILITY DOORS
A. Holding facility doors shall be secured any time a prisoner is placed in the holding facility.
1. The officer shall ensure the door is locked by physically checking the security of the door.
2. The doors to all cells shall remain secured when the cells are not in use.
3. Vestibule doors will be closed at all times there is a prisoner in a cell. This is to ensure privacy for the prisoner as well as cut down on any noise created by the prisoner.
72.4.5 SECURITY CHECK OF CELL
A. A security check, including a search for weapons and contraband, shall be made of the holding facility by the officer preparing to place a prisoner in the facility prior to use.
1. At the beginning of each shift, the Emergency Van driver or Shift Supervisor will perform a search for weapons and contraband. This will be documented on the Shift Supervisor’s or OIC’s daily log.
1. The officer shall also check the cell after its use to check for any weapons or contraband which may have been left by the prisoner.
72.4.6 WEEKLY SECURITY INSPECTION OF FACILITY
A. A documented security inspection of the holding facility, including searching for weapons and contraband, shall be conducted daily.
72.4.7 USE OF TOOLS AND UTENSILS
A. Only tools being used by authorized, supervised maintenance personnel shall be allowed in the holding facility area.
B. All maintenance work will be performed on a holding cell will be done while the cell is unoccupied. At no time will any work be performed while a detainee is in the cell.
C. Meals are not served in the holding facility. Therefore, there will be no eating utensils allowed in this area.
72.4.8 AUDIO/VIDEO COMMUNICATION SYSTEM
A. When the holding facility is being used, the area shall be monitored by the communications operator via a security camera and by means of an intercom device. (See General Order 72.8.2)
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72.4.9 SECURITY ALARM SYSTEM
A. Officers placing or removing prisoners from the holding facility shall be monitored by the communications operator via a security camera to ensure the officer's safety.
1. In the event an officer is in trouble, the EOC shall notify all units of the problem, shall monitor the processing/detention area, and shall assess and update information to units responding to assist the officer in need.
72.4.10 PROCEDURES FOLLOWING AN ESCAPE
A. In the event of a prisoner escape, the officer or civilian employee discovering the escape shall immediately notify the communications specialists, who shall broadcast the description of the escapee, possible direction of travel, the nature of the charges for which to escapee was being held, and any other pertinent information available.
B. The Shift Supervisor or OIC shall be notified of the escape.
1. The Shift Supervisor shall be responsible for notifying the Chief of Police and the Operations Commander as soon as possible and shall forward a written report of the incident as soon as practical.
C. The Shift Supervisor or OIC shall be responsible for mobilizing whatever resources are necessary to attempt to affect the immediate recapture of the escapee.
D. The search shall be terminated at the direction of the Shift Supervisor or OIC upon the capture of the escapee or upon determination that further efforts to locate the escapee would be futile.
1. This notification shall be broadcast to all units and that were involved in the search.
2. The Shift Supervisor or OIC is also responsible for notifying all agencies involved of the termination of the search.
E. The Shift Supervisor or OIC, the first officer or civilian employee aware of the escape, and the arresting officer will submit a written report to the Chief of Police before ending his/her tour of duty, explaining the circumstances of the escape.
72.4.11 REPORTS OF THREATENING INCIDENTS
A. A documented report of any incident that threatens the holding facility or any person therein shall be forwarded to the Operations Commander for review.
1. Appropriate security measures shall be initiated by an officer who becomes aware of any threat, who shall make the Shift Supervisor or OIC shall be made aware of any threats, and shall initiate the report of the incident.
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B. Any time a threat is made in any form to an officer, against city property, the police department, or any person involved with the police department by an arrestee, a written report will be made to the Shift Supervisor or OIC. The Shift Supervisor or OIC will, in turn, forward the report via the chain of command for appropriate action.
72.5 DETAINEE PROCESSING
72.5.1 DETAINEE SEARCH
A. An inventory search of all detainees will be conducted prior to being placed in a cell in the holding facility.
B. A written, itemized inventory will be made of all property taken from a detainee.
1. No one will be placed in a cell until shoes or shoe laces, belts, ties and/or other loose items of clothing are removed.
2. All jewelry will be removed and itemized.
3. Whenever property is removed from an arrestee is to be used as evidence, it will be handled in accordance with the Evidence Control Policy as outlined in General Order 83.1.1.
C. Maryland Commission on Correctional Standards governs procedures for strip searches and/or body cavity searches.
1. Definitions as used in this section:
a. "Body cavity search" means a manual or instrument intrusion into a person body cavity(ies). This search is accomplished only by licensed health care workers.
b. "Strip search" means a search during which the person being searched is required to remove all articles of clothing. All clothing and carried articles are systematically searched, likewise the body is viewed to locate contraband, vermin/lice, and to identify and assess injury.
2. Except as authorized by this department, no law enforcement officer, other employee of a law enforcement agency, physician, or registered nurse or licensed practical nurse shall conduct or cause to be conducted a body cavity search or a strip search.
3. A strip search may be conducted if an officer has probable cause to believe that the person is concealing evidence of the commission of a criminal offense, including fruits or tools of a crime, contraband, or a deadly weapon that could not otherwise be discovered.
4. Unless there is a legitimate medical reason or medical emergency justifying a warrantless search, a body cavity search shall be conducted only after a search warrant is issued that authorizes the search. In any case, a body cavity search shall be conducted under sanitary conditions and only by a physician, or a registered nurse or licensed practical nurse, who is registered or license to practice in this state. 428
5. Unless there is a legitimate medical reason or medical emergency that makes obtaining written authorization impracticable, a strip search shall be conducted only after an officer obtains a written authorization for the search from either the Chief of Police or the Deputy Chief.
6. A strip search shall be conducted by a person or persons who are of the same sex as the person who is being searched and the search shall be conducted in a manner and in a location that permits only the person or persons who are physically conducting the search and the person who is being searched to observe the search.
7. Upon completion of the body cavity search or strip search, the person or persons who conducted the search shall prepare a written report concerning the search that shall include all of the following:
a. The written authorization for the search obtained from the Chief of Police or the Deputy Chief;
b. The name of the person who was searched;
c. The name of the person or persons who conducted the search, the time and date of the search, and the place at which the search was conducted;
d. A list of the items, if any, recovered during the search;
e. The facts upon which the officer(s) based his probable cause for the search, including, but not limited to, the officer's review of the nature of the offense with which the searched person is charged, the circumstances of his arrest, and, if known, his prior conviction record;
f. If the body cavity search was conducted before or without the issuance of a search warrant, or if the body cavity or strip search was conducted before or without the granting of written authorization, the legitimate medical reason or medical emergency that justified the warrantless search or made obtaining written authorization impracticable.
g. A copy of the written report shall be kept on file in the Office of the Chief of Police, and another copy of it shall be given to the person who was searched.
72.5.2 STORING DETAINEE PROPERTY
A. Prior to being placed in the holding facility, the detainee's property will be placed in a provided containers, which shall be kept inside the first door – the search room - of the holding cell..
1. Shoes, belts, ties and/or other loose items of clothing which are removed from the detainee shall also be placed with the other property.
2. Property will be entered in the appropriate section of the Detention Cell Log.
72.5.3 DETAINEE INTAKE FORM
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A. A Cumberland Police Department Detention Cell Log shall be completed when any person is arrested by this department which shall include the following:
1. Name and date of birth of detainee;
2. Charges against the person;
3. Property inventory;
4. Current health of the detainee;
5. Medications taken by the detainee;
6. Behavior, including state of consciousness and mental status; and
7. Body deformities, trauma markings, bruises, lesions, jaundice, ease of movement, etc.
B. Detainee's property shall be inventoried and a record made of disposition on the receiving log.
1. The detainee shall sign the log acknowledging the accuracy of the property inventory as well as any other information entered on the Detention Cell Log.
2. Any property kept as evidence or contraband shall be clearly indicated on the inventory sheet. A separate Cumberland Police Department Property Sheet shall be completed and the evidence or contraband placed in the appropriate evidence locker(s).
3. Once a prisoner is transported to the Allegany County Detention Center, the inventory made at the jail should match the inventory made by officer(s) of this department. Possessions shall not be returned to the prisoner, but turned over to the jailer. This should be indicated on the Incident Report.
72.5.4 SEPARATE HOLDING AREAS
A. In accordance with the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, juveniles shall not be transported or detained within sight or hearing of adults unless the court has waived its jurisdiction and the child is being proceeded against as an adult (Maryland Courts and Judicial Proceedings Section 3-816(c)).
1. An accused juvenile delinquent may not be held securely in police facilities for more than six (6) hours.
2. Sight and sound separation must be provided between juvenile and adult detainees
3. Juveniles that must be detained may be placed in a detention cell but must be by themselves.
4 Juvenile status offenders and non-offenders (runaways, truants, abused/neglected children) may not be held securely for any length of time in any facility. 430
B. A male and a female detainee shall not be held in the same holding cell.
1. Females shall be separated by sight and sound from males.
2. Separate cells are provided in order to segregate adult detainees.
72.5.5 INTOXICATED/DISTURBED DETAINEES
A. Detainees who are under the influence of alcohol or other drugs or who are violent or self-destructive shall remain under close observation by an officer, shall not be held with any other person, and should be transferred as soon as possible to another facility, which is more suited for close supervision and care.
B. If the detainee is unresponsive, the detainee shall be checked by Cumberland Fire Department EMS providers and a determination will be made by these personnel if the detainee needs to be transported to a medical facility.
72.5.6 RECEIVING DETAINEES FROM OTHER AGENCIES
A. If a detainee is received from an outside agency, the officer receiving the detainee will require positive identification and verification of authority of the person who presents the detainee for commitment.
1. If the person presenting the detainee is unknown to the receiving officer, the officer will require positive identification which will include at least one photo I. D.
2. Authority of the person presenting the detainee shall be confirmed through the presentation and/or verification of a warrant or other legal document.
72.5.7 GROUP ARRESTS
A. If a group arrest exceeds the maximum capacity of the holding facility, detainees should be transferred and/or relayed to the Allegany County Detention Center as soon as practical.
72.5.8 POSITIVE IDENTIFICATION BEFORE RELEASE
A. Positive identification of a detainee must be made prior to release.
1. In most cases, the arresting officer will also be responsible for the release of a detainee, which should eliminate confusion.
2. In any case, positive identification (driver's license, handwriting comparison, etc.) will be required prior to release.
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72.5.9 RETURNING DETAINEE PROPERTY
A. Detainee's property will be compared with the inventory list and, if everything is in order, the detainee shall sign the appropriate space on the Detention Cell Log for property returned.
1. Property retained for evidentiary or other purposes will be noted on the receipt. (See General Order 72.5.3)
2. If the detainee is transferred to the Allegany County Detention Center, the envelope containing property shall be transferred to the jail and be receipted to the jail. (See General Order 72.5.3)
72.6 MEDICAL AND HEALTH CARE SERVICES
72.6.1 MEDICAL ASSISTANCE FOR DETAINEES
A. If a detainee is in need of medical assistance due to claimed or apparent illness or injury, the officer in charge of the detainee will contact the Cumberland Fire Department to have the detainee checked and/or transported.
1. The care and handling of the detainee shall be determined by the protocol of the EMS providers, which shall be approved by a physician.
2. If a detainee refuses aid by the EMS providers, the officer shall sign the EMS form as a witness to the refusal.
3. Officers shall render whatever immediate care is necessary, commensurate with their training and experience, prior to the arrival of EMS providers.
72.6.2 FIRST AID KIT/INSPECTION
A. A first aid kit will be available in the holding facility.
1. The first aid kit will be inspected weekly in a documented inspection and will be replenished as necessary.
72.6.3 "RECEIVING-SCREENING" INFORMATION
A. Detainee "receiving-screening" information will be obtained and recorded when detainees are placed in a cell in this holding facility and before transfer to another facility.
1. This information shall be documented on the Detention Cell Log outlined in General Order 72.5.3.
2. Receiving-screening shall include:
· an inquiry into the current health of the detainee 432
· an inquiry into medications taken by the detainee
· notations about the detainee's behavior, including state of consciousness and mental status.
· an inquiry into body deformities, trauma markings, bruises, lesions, jaundice, ease of movement, etc.
3. Apparent and/or recent injuries should be documented with photographs.
72.6.4 ACCESS TO MEDICAL CARE FOR DETAINEES
A. Officers shall inform detainees that medical services are available and the procedure for obtaining emergency health care will be posted in a conspicuous place near the holding facility. (See General Order 72.6.1)
72.6.5 PHARMACEUTICALS
A. Members of the Cumberland Police Department will not dispense pharmaceuticals. This includes over the counter medications. Any detainee that is under any kind of medication will be processed and taken before a Court Commissioner or to the Allegany County Detention Center without delay.
1. Any prisoner in possession of any prescribed or over the counter medication will have the medication placed with other inventoried property. Under no circumstances will an officer allow a prisoner to ingest any medication while within the confines of the Cumberland Police Department.
2. Prisoners complaining of illness or other problem relating to the lack of taking a prescribed medication will be checked by the Cumberland Fire Department EMS providers. The EMS providers will determine if further medical assistance should be administered. If so, the prisoner will be transported to a medical facility as outlined in General Order 72.6.1.
72.7 DETAINEE RIGHTS
72.7.1 DETAINEE RIGHTS
A. A detainee's constitutional right of access to the court shall not be inhibited.
1. Prisoners shall not be held in either of the detention cells for longer than what is deemed necessary to complete the necessary paperwork and processing.
2. Detainees will be transported to the court commissioner for a bond hearing in a timely manner.
B. A detainee's opportunity to make bail shall not be impeded by any member of this agency.
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1. All efforts by the detainee to secure bail/bond shall be done from the Allegany County Detention Center once the court commissioner has given commitment papers to the officer.
2. The only exception to this would be if the detainee had a bail bondsman or family member at the court commissioner’s office to post bail/bond at the time of the initial appearance.
C. A detainee shall be given the right to access to a phone, using an untaped, unmonitored line, to consult with an attorney or to consult with an attorney in private in the processing room.
1. If the detainee is consulting with an attorney in person, this agency shall reserve the right to have an officer close by to ensure the security of the detainee and the safety of the attorney.
2. The detainee may speak with his/her attorney via a private telephone in either the processing room or one of the two report rooms adjacent to the detention cells.
D. A detainee shall be afforded the use of a telephone to contact persons such as family members or attorneys, arrange for bail or bond, or consult other counsel.
E. Telephone calls made by the detainee shall not be monitored and, if placed on an agency phone, shall be on an untaped phone line.
F. No meals will be served to detainees in the detention cells. The duration of the stay in the facility is for less than eight hours and under normal conditions only for the time necessary to complete paperwork and processing.
72.8 SUPERVISION OF DETAINEES
72.8.1 SUPERVISION OF DETAINEES
A. It is the policy of this agency that persons will not be detained longer than eight hours in this facility.
B. Each detainee shall be visually observed by an agency member at least every thirty minutes.
1. The time of this observation is to be recorded on the Detention Cell Log.
C. Units will inform the communications Specialist when they are bringing in a detainee and will inform the detainee that they are being videotaped while they are being processed. (See General Order 72.8.2)
72.8.2 AUDIO-VISUAL SURVEILLANCE
A. An audio-visual surveillance system will be used by this agency to monitor any persons in the processing area and detention area.
1. Persons will not be detained for more than eight hours in the holding facility.
2. Detainees will have access to assistance by means of an intercom system, which will be monitored by a communications specialist or a sworn officer. 434
3. When any person is brought into the processing area and/or placed in the holding facility, the officer in charge of the detainee or other person will inform the communications specialist.
a. If the person is injured either while entering the building, while in the building, or during an altercation, the tape will be held a minimum of two years or till final adjudication of the case, whichever is longer.
b. If the case involves members of another agency or an arrest for another agency, the name of that agency and/or those other members shall be included on the tape.
B. Video cameras or other surveillance equipment shall not be placed in such a manner as to intrude on the detainee's privacy in a holding cell.
72.8.3 SUPERVISING DETAINEES OF THE OPPOSITE SEX
A. If at all practical or possible, supervision of a detainee should be left to the responsibility of a sworn member of this agency of the same sex during processing.
B. To the extent possible, contacts with detainees will be handled by authorized employees of the same sex.
1. Prisoner contacts with personnel of the opposite sex will be documented and, if possible within the facility, will be video taped.
2. This is not meant to preclude a male officer from administering a breath test to a female detainee but would preclude a male officer from obtaining a urine sample from a female detainee.
72.8.4 MAIL OR PACKAGES
A. Mail or packages will not be accepted for detainees held less than eight hours.
1. Persons with mail or packages for detainees will be informed to forward this material to the Allegany County Detention Center if the person is going to be incarcerated.
72.8.5 DETAINEE VISITATION RIGHTS
A. Detainees will not be allowed visitors, with the exception of providing access to legal counsel or clergy.
1. Legal counsel or clergy will not normally be searched if they wish to personally visit the detainee unless there is a documented security risk.
2. Any attorney of record will be allowed to visit his client at any time.
3. A member of the clergy will be allowed to visit a prisoner at any times.
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a. Clergy will not be allowed to come into direct contact with prisoners nor to directly exchange materials.
B. The employee supervising the detainee will be responsible for moving the detainee to a visitation area and for ensuring the visitation area for the visitor is prepared.
1. Communications between the detainee and the visitor (counsel or clergy) are confidential.
72.9.1 TEMPORARY DETENTION
The Cumberland Police Department is responsible for a two-cell holding facility, to which it complies with standards 72.1.1-72.8.5. Any time a detainee is brought to this department for the specific purpose of questioning or interviewing, the detainee will be under the direct, continuous, personal supervision and control of departmental personnel.
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Cumberland Police Department General Order #74 Subject: Legal Process Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order contains the following sections:
74.1.1 Contents of Records System 74.1.2 Execution of Process 74.2.1 Service of Civil Process 74.2.2 Execution of Civil Arrests/Writs 74.3.1 Execution of Criminal Process 74.3.2 Warrants Executed by Sworn Personnel 74.4.1 Accounting For and Disposing of Received Property
74.1 RECORDS
74.1.1 CONTENTS OF RECORDS SYSTEM
A. Upon receipt of any legal process by the Cumberland Police Department, an Incident Report shall be generated or reopened. The I.R. shall indicate the time and date the process was received.
1. The communications specialist or officer receiving said process will be noted on the I.R..
2. The I.R. number will be noted on the Quality Control Check-off Sheet which will become part of the process file folder.
B. Only criminal processes will be handled through the records section of this agency. (See General Order 74.2.1)
C. The nature of the document will be incorporated in the face of the document itself or will be typed or hand written on the face of the document, e.g. warrant, summons, emergency petition, etc.
D. The source of the document will be incorporated in the face of the document itself or will be typed or hand written on the face of the document, e.g. District Court of Maryland, Allegany County Circuit Court, etc.
E. The name of the plaintiff/complainant and/or the name of the defendant/respondent will be clearly indicated on the face of the document.
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1. Any criminal process received by this department that does not contain the information required by sections A through D, G and H shall be returned to the issuing Court for completion.
F. All incoming documents to be served will be initially assigned to the Warrant Officer.
1. This shall not preclude any officer from serving any document in a timely manner if they have knowledge of the whereabouts of the person named as defendant on the document or if the document demands service upon receipt.
a. Emergency Petitions and other such documents need to be served in an expeditious manner since they are usually meant to prevent bodily injury or harm.
2. Warrants shall not be removed from the Warrant File until such time as the actual service is accomplished at the department. Summonses may be required for “on scene” service. Such documents shall be returned to the files in a timely manner. Legal process is not to remain in an officer’s possession after the officer ends his/her tour of duty.
G. The date of assignment will be the date received by this department. This will be indicated by the date on the I.R. narrative.
H. The court assigned tracking number will be clearly indicated on the face of the document, on the Quality Control Check-off Sheet, and in the I.R. narrative.
I. The date service is due, if any, will be clearly indicated on the document, although normally no specific service date is given.
74.1.2 EXECUTION OF PROCESS
A. Legal process will originate either in the District Court of Maryland or the Allegany County Circuit Court or from the courts of the various counties in the State of Maryland.
1. Whenever this department receives legal process from either of the court systems in this jurisdiction the process will be entered by communications specialists in the in-house computer system and any other appropriate system, i.e. MILES and/or NCIC.
B. Officers will make a notation of all attempts to serve legal process documents in the narrative of the Incident Report assigned to the process.
1. The notation will include:
a. The date and time of attempted service;
b. The officer's name and/or I.D. number;
c. The reason(s) that service could not be made; and
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d. The address of the attempted service.
C. A record of service or execution will be made of each legal process document and will include:
1. The date and time of service;
2. The name and unit number of the officer who serves or executes the document;
3. The person to whom to process was served or on whom the process is executed;
4. The method of service; and
5. The location at which service is made;
6. The I.R. narrative shall serve as the record of service or execution for legal process for this department’s record keeping purposes. However, other paperwork that may provide the same information includes:
a. A copy of the legal process that is retained by this department.
b. The Cumberland Police Department Arrest Record (CPD Form #40)
D. It shall be the responsibility of the officer making service/attempting service that all information is included in the Incident Report and the Quality Control Check-off Sheet.
E. When process is served, notice of cancellation/service of the warrant shall be immediately relayed to the communications section to allow them to cancel the warrant entry in MILES/NCIC, if applicable.
F. Officers will, if at all possible and practical, notify the agency of primary jurisdiction when serving or attempting to serve legal process outside the City of Cumberland.
1. Officers will make certain, prior to service of the process, that they have legal authority to act.
2. It may be necessary to have representatives or officers of another agency actually serve legal process if a member of this agency is without authority or has limited authority to act.
G. Any time an officer of this department initiates the telex (FAX) of a warrant for the purposes of service upon the named defendant at a county jail or detention center in Maryland, the officer shall forward the original warrant to the District Court 12-1. A notation shall accompany the warrant stating who the warrant was faxed to and the jail or detention center.
1. An appropriate entry shall be placed in the Incident Report stating to whom the process was faxed and the fax phone number.
74.2 CIVIL PROCESS
74.2.1 SERVICE OF CIVIL PROCESS 439
Civil process originating in District Court of Maryland 12-1 and the Allegany County Circuit Court is handled by the Allegany County Sheriff's Department.
74.2.2 EXECUTION OF CIVIL ARRESTS/WRITS
Civil process originating in District Court of Maryland 12-1 and the Allegany County Circuit Court is handled by the Allegany County Sheriff's Department.
74.3 CRIMINAL PROCESS
74.3.1 EXECUTION OF CRIMINAL PROCESS
A. Sworn members of the Cumberland Police Department will execute any criminal process which is presented to them or which comes to their knowledge while they are performing their duties within the City of Cumberland, as governed by Maryland Criminal Laws Annotated, Maryland Rules, Rule 4-212.
B. Sworn members of the Cumberland Police Department may execute criminal warrants outside of the City of Cumberland when such execution is allowed and as governed by Maryland Criminal Laws Annotated, Title 2, Subtitle 1, Section 2-105.
C. Except as provided in the Maryland Criminal Laws Annotated, Courts and Judicial Proceedings, Section 1-605(d) (7), which allows the invalidation and destruction of certain warrants for arrest, warrants have no expiration date and, provided legal process was begun in a timely fashion, or provided process has been served, warrants may be served at any time or place, unless exempt as outlined in General Order 74.3.1 (G).
1. Persons arrested upon a warrant must be brought before the Court which issued the warrant.
a. In the District Court, the defendant’s appearance shall be no later than 24 hours after service of the warrant. Maryland Rules 4-212(f)(1,2)
b. In the Circuit Court, the defendant shall be taken before a judicial officer no later than the next session of court after the date of service of the warrant. Maryland Rules 4-212(f)(2)
D. Sworn members of this agency attempting to serve criminal process outside of the City of Cumberland will make a reasonable attempt to inform the agency which has primary jurisdiction of their intent to serve process and will make a reasonable attempt to have an officer of that agency of jurisdiction in their company prior to service. Officers will be governed by Maryland Criminal Laws Annotated, Title 2, Subtitle 1, Section 2-105 when attempting service outside the City of Cumberland boundaries.
E. The issuance of a summons in lieu of arrest is discretionary on the part of the officer when the appearance of the defendant is reasonably assured. (See General Order 1.2.5)
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1. Summons should not be issued when the offender cannot or will not offer satisfactory evidence of his/her identity or when the offender has previously failed to appear in court.
F. Use of force in service of a criminal warrant will be governed by standards governing use of force in any situation. (See General Order 1.3 et seq)
1. Forcible entry into a dwelling house or other building is permissible if, after notice of the officer's intention to make such arrest, the officer is refused admittance.
G. Officers will be familiar with those individuals who are privileged from arrest and under what circumstances these individuals are privileged from arrest.
1. Senators and Representatives of the United States during their attendance at the session of their respective Houses, and in going to and returning from the same, except in matters of treason, felony, and breach of the peace. (United States Constitution Article I §6)
2. Any person obeying a summons to testify in Maryland, or passing through Maryland to obey a summons to testify in another state, shall not be subject to arrest or the service of process, civil or criminal, while in the State of Maryland. (Maryland Criminal Laws Annotated, Courts and Judicial Proceedings, Section 9-304)
H. The United States is obligated under international treaties and customary international law to notify foreign authorities when foreign nationals are arrested or otherwise detained in the United States.
1. The officer shall immediately inform the foreign national of his right to have his government notified concerning the arrest/detention.
2. If the foreign national asks that such notification be made, do so without delay by informing the nearest consulate or embassy.
3. In the case of the following countries, such notification must be made without delay regardless of whether the arrestee or detainee so wishes, including: Antigua, Bahamas, Barbados, Belize, China (People's Republic)*, Costa Rica, Cyprus, Czechoslovakia, Dominica, Fiji, The Gambia, Ghana, Grenada, Hungary, Jamaica, Kiribiti, Kuwait, Malta, Mauritius, Nigeria, Philippines, Poland, Romania, Seychelles, Sierra Leone, Singapore, South Korea, St. Kitts & Nevis, St. Lucia, St. Vincent & Grenadines, Tanzania, Tonga, Trinidad & Tobago, Tuvalu, United Kingdom**, the republics or principalities which were formerly members of the U. S. S. R., Zambia.
* When Taiwan nationals who carry "Republic of China" passports are detained, notification should be made to the nearest office of the Coordination Council for North American Affairs, the unofficial entity representing Taiwan's interests in the United States. ** Please contact this consulate or embassy when nationals of Anguilla, British Virgin Islands, Hong Kong, Bermuda, Monserrat and Turks & Caicos are detained.
4. Foreign consular officials have the right to visit their arrested or detained nationals unless the arrestee or detainee objects to such visits.
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5. Inquiries should be addressed to the Assistant Legal Advisor for Consular Affairs, Department of State, Washington, D. C. 20520, (202) 647-4415.
74.3.2 WARRANTS EXECUTED BY SWORN PERSONNEL
A. Only sworn officers of the Cumberland Police Department are authorized to execute arrest warrants.
74.4 PROPERTY
74.4.1 ACCOUNTING FOR AND DISPOSING OF RECEIVED PROPERTY
Civil process originating in District Court of Maryland 12-1 and the Allegany County Circuit Court is handled by the Allegany County Sheriff's Department. Therefore, no property will be acquired by the Cumberland Police Department through the civil process function.
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Cumberland Police Department
General Order #82 Subject: Records Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
82.1.1 Privacy / Security Precautions 82.1.2 Records Retention Schedule 82.1.3 Uniform Crime Reporting 82.1.4 Accessibility of Records 82.1.5 Status of Reports 82.2.1 Field Reporting System 82.2.2 Reporting of Incidents 82.2.3 Case Numbering System 82.2.4 Reviewing Reports 82.2.5 Report Distribution 82.3.1 Master Name Index 82.3.2 Index Files 82.3.3 Traffic Records System 82.3.4 Traffic Citation Records 82.3.5 Records Maintained by Agency Components 82.3.6 Arrest Identification Number / Criminal History 82.3.7 Arrest Information 82.3.8 Warrant / Wanted Persons File
82.1 ADMINISTRATION
82.1.1 PRIVACY / SECURITY PRECAUTIONS
A. The agency will maintain records on juveniles separate from records on adults.
1. Juvenile arrest records and arrest histories will be maintained separate from adult records.
2. Juvenile ID numbers will be assigned in sequential order by the records clerk.
3. Juvenile arrest cards will be filed separately from all other arrest information, will be stored in the records section of the police department, and will be checked for prior arrests before assigning a new ID number to the juvenile in custody in order to prevent duplication of ID numbers.
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4. Juvenile arrests cards will be prepared by the records clerk at the time paperwork associated with the arrest is filed.
5. If available, Juvenile Court dispositions of delinquent charges involving juveniles will be included with the juvenile’s case file for the charge in which it pertains, including sentencing and any other court instructions.
6. If available, court dispositions of juvenile traffic charges will be included with the juvenile’s case file in which it pertains, including sentencing and any other court instructions.
B. Procedures for the collection, dissemination, and retention of juvenile fingerprints and other records are outline in Maryland Criminal Laws Annotated, Courts Article and Maryland Criminal Laws Annotated, Criminal Procedure Title 10, Subtitle 2, §10-214.
1. A police record concerning a child is confidential and shall be maintained separate from hose of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as otherwise provided in Section 7-303 of the Education Article.
(2) This subsection does not prohibit:
(i) Access to and confidential use of the record by the Department of Juvenile Justice or in the investigation and prosecution of the child by any law enforcement agency; or
(ii) A law enforcement agency of the State or of a political subdivision of the State or the criminal justice information system from including, in the law enforcement computer information system, information about an outstanding juvenile court ordered writ of attachment, for the sole purpose of apprehending a child named on the writ.
2. A court record pertaining to a child is confidential and its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as provided in § 7-303 of the Education Article. (Maryland Criminal Laws Annotated, Courts Article)
3. A criminal justice agency and the central repository may not disseminate criminal history record information except in accordance with the applicable federal law and regulations. (Maryland Criminal Laws Annotated, Criminal Laws Annotated, Criminal Procedure Title 10, Subtitle 2)
4. A court that has jurisdiction of the child's case under Maryland Criminal Laws Annotated, Courts Article or subsequent to a transfer of the child's case for criminal prosecution
5. Once fingerprints and/or photographs have been taken, it will be the responsibility of the records clerk to follow through with dissemination and retention of the fingerprints and/or photographs as provided in Annotated Code of Maryland,
6. The department’s records clerk will be responsible for sealing and expunging of juvenile records as provided in Maryland Criminal Laws Annotated, Criminal Procedure, Title 10, Subtitle 1, §10-106.
7. At least on an annual basis, the records clerk will review juvenile records and shall remove all records of those that have reached the age of majority. Such records shall be kept separate and 444
apart from all other records, whether they be juvenile or adult. In every case, the law as set forth in various Articles of the Code shall be followed.
8. The records of juveniles shall be provided only to those agencies and their personnel who may legally access said records.
a. Members of this agency may access information when necessary to determine prior records of arrest for purposes of processing or during the course of investigations where such records are a necessary part of the investigation.
C. Privacy and security precautions for records function will be in accord with other agency policies, local ordinances, and state statutes, specifically Maryland Criminal Laws Annotated, Courts and Judicial Proceedings, Section 3-827.
1. Security precautions for criminal history records will be in accord with regulations of the Maryland Criminal Justice Information System (CJIS) and U. S. Department of Justice regulations.
2. Information concerning open cases will not be released without the approval of the Chief of Police, Operations Commander or the Supervisor of the Combined County Criminal Investigation Unit (C3I).
a. This information may be released upon order of the Court, e.g. subpoena, or upon request of the Prosecutor's Office.
3. Certain records are not subject to the Public Records Act and shall not be released to the public.
a. Medical records, including psychiatric and psychological reports, will not be released.
1) Information having to do with history, diagnosis, or prognosis as a result of medical treatment may not be divulged. b. Adoption, probation, and parole records legally cannot be released.
c. Trial preparation records will not be released.
d. Confidential law enforcement investigatory reports which meet the criteria below will not be released.
1) The information in these reports must pertain to a matter involving the enforcement of laws which is currently under investigation.
2) The information must also meet one or more or the following criteria: information would create a high probability of disclosing the identity of a suspect who has not been charged; information would create a high probability of disclosing the identity of an information source or witness who has been promised his/her identity would be kept confidential; information that creates a high probability of endangering the safety of law enforcement personnel, crime victims, witnesses, or information sources; information that creates a high probability of disclosing specific investigatory techniques and procedures; information that 445
creates a high probability of disclosing specific investigatory work product (information gathered by the investigating agency once its inquiry has focused on a particular person, complaint, or event) but not including basic factual information about the event.
f. Certain other State and Federal laws prohibit the release of the following information.
2) Information where court orders that information not to be released.
4) Information maintained on students at public schools and private schools that receive public funding.
5) Information obtained from the MILES-CJIS/NCIC computer database.
a) Information received from MILES-CJIS/NCIC teletypes and supplied to another criminal justice agency will be so documented by use of the dissemination log in CJIS.
b) Security breaches are the responsibility of the MILES-CJIS Agency Security Supervisor, who may recommend appropriate action to prevent sanctions against the Cumberland Police Department in their use of the MILES-CJIS/NCIC system.
6) Information that is subject to common law attorney-client privilege, e.g. "advise" not "opinions".
g. The Cumberland Police Department will release conviction information to the Cumberland Housing Authority, as mandated by the Housing Program Extension Act of 1996, when requested to do so.
D. Records and other documentation shall not be removed from the records area except upon order of the Court, e.g. subpoena, upon request of the Prosecutor's Office, e.g. case summaries, by an officer for purposes of investigation, or upon order of the Chief of Police.
1. Any officer who removes an original file from the records area will be responsible for signing the “check out” sheet, which will indicate the officer's name, the case designation, and the date removed.
2. The Public Records Act requires most police records be made available to the public for inspection. Special Order 00-1020.1 – Public Information Request and “Request for Police Incident Report” form.
a. Every public office must allow inspection of all records within a reasonable amount of time, during regular business hours.
1) Records shall be made available Monday through Friday, during business hours, only.
b. Every public office must provide copies of all public records at cost and within a reasonable amount of time.
1) Crash copies may be obtained for $5.00 for the basic crash report.
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2) Case report copies may be obtained for $5.00 for the basic report.
c. Requests for records must be specific in nature and no blanket requests for documents will be honored.
1) Employees shall attempt to comply with requests, but if there is a question about a particular request, the employee should ask the person requesting the report to put his/her request in writing in order that we may better serve his/her needs.
d. Certain information may not be released to the public under any circumstances. (See General Order 82.1.1 (C)(3) above)
E. All records shall be maintained by the records clerk in a secure room. Whenever the central records room is not staffed, the door shall be closed and locked.
1. Access to central records shall be by the central records clerk, Chief of Police, Deputy Chief and Administrative Lieutenant.
2. Central records information will be accessible to operations personnel at all times. (General Order 82.1.4)
82.1.2 RECORDS RETENTION SCHEDULE
A. The department will establish and maintain a records retention schedule, in accordance with provisions of the Annotated Code of Maryland, Criminal Law Article.
1. The Administrative Lieutenant shall be responsible for development, recommendations, and implementation of the schedule.
82.1.3 UNIFORM CRIME REPORTING
A. Crime data for Uniform Crime Reports will be collected from offense report data.
B. The information will be used to submit the Uniform Crime Reports on a monthly basis.
82.1.4 ACCESSIBILITY OF RECORDS
A. Central records information will be accessible to operations personnel at all times.
1. Calls for service, offense reports, crash reports, and arrest information will be available in the computer database. (See also General Order 74.1.1)
82.1.5 STATUS OF REPORTS
A. The officer in charge of the Combined County Criminal Investigation Unit (C3I) will be responsible for accounting for and reporting the status of criminal (offense) reports on a monthly basis. 447
B. The agency will periodically conduct an audit and evaluation of complaint control recording and field reporting process.
1. The Administrative Commander will conduct a forms and calls for service review to determine which forms are necessary and if any of those forms need revision, to determine if the processes for completing and forwarding forms needs to be revised, to determine which forms are controlled and if control is necessary, to determine if field reports and procedures need revision, and to make overall recommendations concerning recording and reporting processes.
82.2 FIELD REPORTING AND MANAGEMENT
82.2.1 FIELD REPORTING SYSTEM
A. The guidelines for use of forms, forms used in field reporting, and procedures for using field reporting forms include:
1. Incident Reports are to be completed whenever requested by a victim or a complainant desires a report and elements of a crime exist, or any time the officer initiates an arrest for a crime (see also arrest reports), and any time an officer wishes to make a report of a case which may be investigated later or which has particularly intricate details.
a. These reports will be filled out as completely as possible by the officer.
2. Missing person reports will be completed whenever requested by a parent or guardian of a juvenile and whenever a complainant desires a report and/or evidence of a crime exists.
a. These reports will be filled out as completely as possible by the officer.
3. A police officer will complete a supplemental narrative to an incident report under the following circumstances:
a. When the officer receives or obtains additional information which is relevant to any previously filed report.
b. When the officer recovers stolen property which relates to a previously filed report.
c. Officers will include information on the supplemental to identify the original report (if not the original Incident Report), which shall be the date, time, and location of the original offense and the case and/or I.R. number(s).
4. Maryland Automated Crash Reporting System (MAARS) reports, witness statements, and crash supplements will be completed in accordance with the Maryland Automated Crash Reporting System Manual.
a. Officers will use the state approved traffic crash report form(s) when preparing written traffic crash reports. 448
b. Officers will submit all forms completed for inclusion in the crash record file.
1) No documents relating to crashes will be destroyed by the officer, as these are "best" evidence in traffic crash prosecution and litigation.
c. Officers will submit written traffic crash reports within five (5) calendar days of the crash.
1) In the event that the crash investigation or report cannot be completed within five days, as much information as possible will be entered on a follow-up narrative in the incident report.
5. Arrest reports will be filled out as completely as possible by the officer.
6. Property receipts, vehicle and property impound sheets will be filled out by an officer anytime property is received by this agency for safekeeping, evidence, or as contraband, in addition to an incident report which may be necessary.
7. Field Interrogation reports will be filled out completely by an officer, to include associates who are present, and will include noting fields for which information is not available or not applicable.
B. Reports will include the following information:
1. Date and time of initial reporting.
2. Name (if available) of the citizen requesting the service, and/or victim's and/or complainant's name.
3. Nature of the incident.
4. Nature, date, and time of action taken (if any) by law enforcement personnel.
C. Accurate, legible, and complete forms submitted in a timely manner are fundamental to this department’s efficient and effective operation; therefore, department personnel shall make every effort to legibly complete all forms and submit them through proper channels as quickly as possible, preferably at the end of their regular shift.
1. All forms shall be typed or printed legibly in block letters using black or dark blue ink.
2. Forms with multiple copies should be checked for legibility of all copies of the form.
D. Each report associated with a member's duties must be accurately completed and will be submitted to its proper destination through channels according to the time frame designated.
1. Arrest reports shall be completed prior to an officer finishing his/her tour of duty.
2. Crash reports are required to be submitted to the records clerk at the end of the officer's tour of duty in order for the reports to be to be on hand if needed by victim’s, insurance companies, etc.
3. Traffic citations will be completed and turned in at the end of an officer's tour of tour. 449
4. Incident reports and other paperwork should be completed prior to the end of the employee's shift.
5. Incomplete paperwork and reports shall be completed, if possible, by the end of the officer’s next tour of duty.
E. The agency shall maintain a forms manual, which will detail information to be contained in field reports and include instructions for use, completion, and processing of field report forms.
82.2.2 REPORTING OF INCIDENTS
A. A report is required for each and every incident which occurs within the agency's service area as follows:
1. Citizen reports of crimes.
2. Citizen complaints.
3. Citizen requests for services anytime an officer is dispatched, is assigned to investigate, or is assigned to take action at a later date.
4. Criminal and noncriminal cases initiated by officers.
5. Incidents involving arrests, citations or summonses.
82.2.3 CASE NUMBERING SYSTEM
A. Each case will be assigned a number sequentially from the start of the calendar year.
B. Each case will be assigned a unique number.
C. The format for case reports will be the year of the case followed by a sequential number, e.g. 2006-12345.
82.2.4 REVIEWING REPORTS
A. Shift supervisors will be responsible for reviewing reports for accuracy and completeness.
1. Supervisors will be responsible for classifying case reports.
2. Supervisors will approve completed reports by indicating in the computer incident report program whether or not the case is open or closed and then entering the supervisor’s ID number.
82.2.5 REPORT DISTRIBUTION
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A. Internal distribution of reports will include providing a copy of all case reports and associated documents to the County Combined Criminal Investigation Unit (C3I) and will provide a copy of all crash reports where a person is given a traffic citation and a copy of all case reports where a person is arrested.
B. The distribution of records to the public will be governed by the provisions of the Annotated Code of Maryland, Criminal Law Article, and by other local, state and federal rules and laws. (See General Order 82.1.1)
82.3 RECORDS
82.3.1 MASTER NAME INDEX
A. The agency will maintain an alphabetical master name index.
1. The master name index is a function of the database, which incorporates data from all the entries to the system by police dispatchers and records personnel, including service requests, offense reports, crashes, citations, arrests, and field interrogations and which may be searched by name or by incident.
B. The master name index will contain the names of victims, complainants, suspects, persons arrested, offense and crash witnesses, and field interrogation reports.
82.3.2 INDEX FILES
A. The agency will maintain an index of incidents by type.
1. The database is capable of categorizing and counting incidents by type for calls for service as well as for offense reports and crashes, based on data provided by police dispatchers and records personnel.
B. The agency will maintain an index of incidents by location.
1. The database catalogues calls for service by location and by district.
2. Data may be searched by type of incident, by time frame, by location, or by district in the database.
C. The agency will maintain an index of stolen, found, recovered, and evidentiary property.
1. The Property Officer will be responsible for maintaining records of all property.
82.3.3 TRAFFIC RECORDS SYSTEM
A. The agency shall have a traffic records system which shall contain the following information:
1. Traffic crash data (reports/investigations/locations);
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2. Traffic enforcement data (citations/arrests/dispositions/locations);
3. Roadway hazard reports;
4. Traffic crash and enforcement activity reports.
B. These records will be available through a computer database.
82.3.4 TRAFFIC CITATION RECORDS
A. Traffic citations will be issued to officers by Traffic Records. All officers will be issued only one Maryland Uniform Complaint and Citation book at a time.
1. Officers will complete the card attached to the Maryland Uniform Complaint and Citation and deposit the card in the Central records mail box to be forwarded to the Maryland Motor Vehicle Administration.
B. Citations will be accounted for by records kept in Traffic Records, which will include the officer's name, the numbers of the citations issued to the officer, the date of issue, including citations which are turned in.
C. Citations will be stored in secure areas.
D. Traffic citations will be cross referenced through files maintained by police and court systems to allow access through an alphabetic index, by citation number, and by docket number.
82.3.5 RECORDS MAINTAINED BY AGENCY COMPONENTS
A. Intelligence files are maintained by the Combined County Criminal Investigation Unit (C3I) Supervisor.
B. Breath testing records will be maintained by the Breath Test Supervisor.
1. Current records will be maintained at the breath testing site.
C. Records relating to property will be maintained by the Property Officer.
D. Training records are maintained by the Training Officer.
82.3.6 ARREST IDENTIFICATION NUMBER/CRIMINAL HISTORY
A. The agency maintains a numerical sequence of persons arrested and includes the identification number in the master name file index.
1. Each arrestee is given one and only one identification number.
2. Subsequent arrests of an individual are included in the same file folder. 452
3. The arresting officer will leave the identification number portion of an arrest information sheet blank.
a. The Incident Report number will be used on the identification line on the photo placard for reference purposes.
4. When arrest paperwork is processed by clerical personnel, they will check the master name file index and/or arrest files to determine if an identification number exists.
a. If no identification number exists, the next consecutive number will be assigned.
b. If an identification number already exists, the arrest paperwork will be filed using the existing identification number and jacket.
B. The agency will maintain a criminal history file on each person arrested.
1. Arrest files will include fingerprints, a photograph, and a copy of the arrest report.
2. Arrest files will be maintained sequentially by identification number.
C. Criminal histories are available through the MILES-CJIS and NCIC computer systems.
1. Licensed operators can gain access to state-wide and national records through criminal history functions.
82.3.7 ARREST INFORMATION
A. The agency utilizes a check list in the arrest book to assist officers in properly processing various classifications of adult offenders, including instructions on preparing reports, fingerprinting, and photographing.
B. Processing for persons arrested for felonies, following completion of an offense report and a Statement of Probable Cause or Statement of Charges, which must be filed with the District Court, includes:
1. Arrest information sheet
2. Mug shot
3. One FBI fingerprint card
4. One Maryland State Police card
5. One Cumberland Police Department card
6. Palm prints
7. Prisoner/Detention Cell sheet
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C. Processing for persons arrested for criminal misdemeanors, following completion of an offense report and a Statement of Probable Cause or Statement of Charges, which must be filed with the District Court, includes:
1. Arrest information sheet
2. Mug shot
3. One Maryland State Police fingerprint card
4. One Cumberland Police Department fingerprint card
4. Prisoner/Detention Cell sheet
D. Processing for persons served with a criminal summons, following completion of an offense report which must be filed with either the District Court or Circuit Court, includes:
1. Arrest information sheet
E. Processing for persons arrested for serious traffic violations that require an appearance before a court commissioner includes:
1. Statement of Probable Cause
2. Prisoner/Detention Cell sheet (See General Order 71.1.6)
F. Processing for persons arrested for Bench Warrants includes:
1. Arrest information sheet
2. Mug shot
3. One Maryland State Police fingerprint card
4. One Cumberland Police Department fingerprint card
4. Prisoner/Detention Cell sheet
82.3.8 WARRANT/WANTED PERSONS FILE
A. The agency will maintain a warrant and wanted persons file.
1. Upon receipt of a warrant from the District Court or Circuit Court having original jurisdiction within the City of Cumberland, the procedures below will be followed, using forms provided in the Communications Center.
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a. A teletype entry form will be filled out by the communications operator using the information from the face of the warrant.
b. Communications operators will create an Incident Report (I. R.) for the warrant/summons, or it should be added to the original complaint (if identifiable). If the offense occurred inside the corporate limits of the City of Cumberland, but was not previously reported to the department, the I. R. should be coded with the crime specified in the warrant/summons so that appropriate Uniform Crime Statistics may be maintained. If the offense occurred outside the corporate limits of Cumberland but was given to the department for service, then the I. R. will be coded as “Warrant”.
c. Communications operators will enter the warrants in MILES/NCIC using the appropriate format. Any warrant or summons entered as extraditable will be verified with the States Attorney’s Office, either by the communications officer on entry, or a written note may be included with the warrant file stating that the States Attorney’s Office will extradite. Such notes must include the name of the person who approved the extradition and the person who spoke to them.
d. Communications operators will label an 8 ½" by ll" file folder with the name of the wanted person (last name first on the label) and file alphabetically in the appropriate active warrant file drawer.
e. Communications operators will enter all warrant information necessary in the department’s computer warrant file.
2. Information may be received from other jurisdictions concerning warrant and wanted person files.
a. "Detainers" for persons held by this agency will not be accepted from jurisdictions within Allegany County.
b. Information from other agencies shall be forwarded by the communications operator to the officer in charge of the shift. The shift supervisor will be responsible to see that such information is properly dispersed for the safety of the patrol officers. Copies should be placed in:
1) The computerized shift log:
2) The e-mail system for “everyone” if officer safety is affected: and
3) The narrative of the associated I. R. (If no I. R. exists, one should be generated as an “Attempt to Locate”.)
c. Information requests from other agencies shall be relayed to the officer in charge of the shift.
1) A teletype must be received/requested from the inquiring agency in order to release information, which request shall be filed in our "received" teletypes folder.
2) Confirmation shall be by teletype to the ORI and will be filed in the "outgoing" teletypes folder.
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3) If a locally identifiable agency requests information, such as a 10-28 or 10-29, it may be released by phone without the necessity of a teletype response. In such cases, an “Assist Other Agency” I. R. will be generated specifying what information was requested and to whom it was released.
3. Information will be recorded in agency files as outlined in the preceding paragraphs.
4. When asked to verify or check for an active warrant through our agency, the communications operator will:
a. Check the active warrant computer file and then check the active warrant file drawer to ensure there exists a file folder with an active warrant and associated papers.
b. If either the active warrant computer file or active warrant file folder with warrant is not present, the police dispatcher will conclude there is no active warrant on file.
c. If the warrant file does not hold a warrant/summons as specified in the computerized file, or a warrant is located in the drawer that is not shown in the computerized file, then the Administrative Commander, or his designee, will be notified to verify the accuracy of the entry and the validity of the warrant.
5. When a warrant is canceled, the following procedures apply.
a. When a warrant is canceled through a formal recall notice, the communications operator will:
1) Cancel the warrant in MILES/NCIC.
2) Delete the warrant from the active warrant computer file and all other systems the warrant may have been entered in, indicate the warrant has been recalled in the incident report, and all information relating to the recall will be forwarded to the Administrative Commander or his designee.
3) Return the Warrant to the appropriate court.
b. When a warrant is served by an officer, the communications operator will:
1) Delete the warrant from the active warrant computer file and pull the active warrant folder in preparation for the serving officer. No warrant files will leave the building to be served by an officer from the department. Summons files may be removed for service but the practice is discouraged.
2) Clear the warrant in MILES/NCIC.
6. Original warrants will be maintained in the Communications Section and may be accessed at any time.
a. While computer checks may provide instantaneous verification of warrants, all criminal warrants will be hand checked for a hard copy of an active warrant before service is made. 456
b. In the event that a warrant must be delivered to someone outside this department for service, such as an out-of-state extradition, the following procedure will apply:
1) A receipt will be obtained from the person taking the warrant. (If the warrant has not been cleared from MILES/NCIC, it will be cleared and the entry removed from the computerized warrant file.) This receipt will contain the name of the person whom the warrant/summons is for, the tracking number, and the name of the official to whom the warrant/summons is given.
2) The receipt will be signed by the official receiving the warrant and the officer releasing it.
3) The I.R. will be updated specifying the action that was taken, who took the warrant, for what purpose, and when.
4) The receipt will be placed in the warrant file folder along with the forms verifying that the warrant has been removed from MILES/NCIC, and a photocopy of the face page of the warrant.
5) The file folder will then be forwarded to the Terminal Agency Coordinator.
c. The Administrative Services Lieutenant, or his designee, will review the file folder of any warrant transferred to another official and the folder will be forwarded to Central Records division.
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Cumberland Police Department
General Order #83 Subject: Collection and Preservation of Evidence Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant
This General Order consists of the following sections:
83.1.1 Availability of Crime Scene Specialist 83.1.2 Materials from Known Sources / Comparison 83.2.1 Field Processing Evidence 83.2.2 Procedures for Photography 83.2.3 Collection of Fingerprints 83.2.4 Equipment and Supplies 83.2.5 Crash / Crime Scene Processing Record 83.3.1 Chain of Custody Record 83.3.2 Submitting Evidence to Forensic Labs
83.1 ADMINISTRATION
All procedures pertaining to Property, Chain of Custody and Evidence are outlined in the Manual for Property and Evidence.
83.1.1 AVAILABILITY OF CRIME SCENE SPECIALIST
A. A crime scene/crash processor is available on a twenty-four hour basis.
1. For those periods of time when a crime scene specialist is not on duty, County Combined Criminal Investigation Unit (C3I) Supervisor will be responsible for establishing an "on-call" supervisor.
B. When the immediate services of a crime scene specialist are required, the “on-call” supervisor will be contacted immediately.
1. It will be the responsibility of the officer in charge of the shift to ensure notification is made.
2. It will be the responsibility of the officer in charge of the shift and first officer on the scene to ensure that the scene is secured until the specialist arrives.
3. If the "on-call" supervisor cannot be reached, the officer in charge of the shift shall access another crime scene specialist as soon as possible. 459
83.1.2 MATERIALS FROM KNOWN SOURCES/COMPARISON
A. Whenever available, materials and substances from a known source will be collected for submission to the laboratory for comparison with physical evidence collected which is being prepared for analysis. (See General Order 83.3.2)
1. Preparation of known samples and comparison will be on the basis of guidelines provided by the Maryland Department of State Police, Crime Laboratory Division, Guide for Submitting Physical Evidence.
83.2 OPERATIONS
83.2.1 FIELD PROCESSING EVIDENCE
A. The Guide for Submitting Physical Evidence published and provided by the Maryland Department of State Police, Crime Laboratory Division will be used as a guideline for the collection and preservation of physical evidence.
1. When evidence is collected, it shall either by "tagged" directly with an evidence impound form or shall be placed in an envelope or other container, which shall be tagged. (See General Order 83.2.1 (B))
B. For all items of evidence, the officer impounding the evidence will complete the evidence impound form, which will be a sequentially numbered form, with the following information:
1. A complete description of each item (including make, model number, and serial number, if any);
2. Source (from whom property was obtained or the exact location where property was impounded);
3. Name of person collecting the item or items;
4. Date and time of impound;
5. Weight (if narcotics);
6. Chain of custody (See General Order 83.3.1);
7. Case number (if available).
C. Recovered stolen motor vehicles will normally be impounded as evidence and will normally be brought to the Cumberland Police Department garage for processing as evidence.
1. If the vehicle is stolen from another agency's jurisdiction, the officer will contact that agency first to determine what actions they wish our agency to take, e.g. stand-by for their officer/wrecker to arrive, impound the vehicle to our station to process, release to registered owner, etc.
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2. If the vehicle is to be impounded by our agency, the officer will fill out an incident report detailing the circumstances under which the agency came into contact with the vehicle, e.g. abandoned, driver arrested, etc., then the officer will then fill out a tow form and enter the information in the towed vehicle computer program. (See General Order 61.4.3)
a. The police dispatcher will contact one of the department’s identified towing firms to have the vehicle removed to the police department for processing or to the towing firm's storage lot.
b. The Shift Supervisor will be responsible for notifying the C3I Supervisor of vehicle recovery via e-mail.
3. When a recovered stolen vehicle is impounded as evidence, the C3I Supervisor will be responsible for assigning crime lab technician to process the vehicle and its contents.
a. The shift supervisor or officer in charge of the shift will be responsible for insuring the vehicle is removed from MILES and/or NCIC.
b. The officer assigned to the case will be responsible for notifying the owner of the vehicle.
4. Vehicles impounded by this department for evidence shall be kept in a secure location until processed.
83.2.2 PROCEDURES FOR PHOTOGRAPHY
A. Crime scene photographs are necessary only when the photographs are of paramount importance to a case to accurately document evidence.
1. Photographs should be taken when evidence cannot be preserved by other means.
2. Photographs should be considered in the following instances:
a. Crimes of violence (includes domestic violence)
b. Death investigations
c. Serious felonies
d. Perishable goods, which may be taken in lieu of impounding the goods, such as in the case of shoplifting
e. When evidence might be damaged or destroyed (footprints, fingerprints, blood marks, tool marks, etc.)
f. Crimes involving serious injury in order to illustrate the injury at the time of occurrence
g. At any other time when necessary for proper recording of evidence
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3. Photographs of crime scenes will be taken by someone familiar with crime scene photography and will be taken of all aspects of the crime scene. (See General Order 83.2.4)
4. A scale will be used in the field of view for relative size comparison, as deemed necessary by the photographer, in addition to an unscaled photograph.
5. Video photography of crime scenes may be used as a substitute or in addition to still photography.
6. Pictures should not be taken for insurance company reports or when there is no visible evidence to photograph. (See General Order 83.2.4 for incidents when no photographs are taken.)
7. Photographs delivered to this department are the property of the Cumberland Police Department and shall not be removed nor shall anyone tamper with the photographs.
B. To provide accurate record keeping of all photographs taken by the Cumberland Police Department, the photos will be downloaded to the appropriate report.
83.2.3 COLLECTION OF FINGERPRINTS
A. Fingerprints will be processed, developed, lifted, and collected at crime scenes if and when fingerprint evidence is found.
1. Standard techniques should be used for the development of fingerprints in the field, e.g. "dusting" with volcanic powders and brushes and lifting with hinged lifters or tape.
2. Objects which need to be fingerprinted and could be better processed in a laboratory or in a controlled environment should be collected as evidence and impounded for processing.
a. If the officer collecting the items is not an evidence technician, a memorandum should be forwarded to the C3I Supervisor and/or a notation made on the case report that there are items to be processed which have been impounded.
b. These items might include paper products or other porous items, which are better processed with chemicals or processes which require ventilation and/or controlled temperature and/or humidity.
3. Collected fingerprints will be sealed in a MSP latent print envelope to be sent for analysis.
B. The Cumberland Police Department will submit fingerprints on forms provided by the Federal Bureau of Investigations and by the Maryland Department of State Police (MSP) to those agencies on all felony arrests. (See also General Order 82.3.6 and 82.3.7)
1. The Cumberland Police Department will submit fingerprints on forms provided by the Maryland Department of State Police to the Central Repository for Criminal Records for all criminal offenses.
2. The Cumberland Police Department will maintain a file of fingerprints on CPD forms or in the Police Reporting System, for all arrests and for all arrests where suspicion of felonious or culpable activity is found. 462
C. Procedures for the collection, dissemination, and retention of juvenile fingerprints, photographs, and other records are outline in various sections of the Annotated Code of Maryland. (See General Order 82.1.1)
83.2.4 EQUIPMENT AND SUPPLIES
A. Vehicles used by persons responsible for processing crime scenes will have equipment to be used for the following purposes:
1. Recovery of latent fingerprints
2. Photography
3. Sketch of the scene
a. If a crime scene sketch is made, it should include the following elements: dimensions, which should be indicated as being drawn in feet or inches; relation of scene to other buildings, geographical features, or roads; address, floor, or room number, as appropriate; location of significant features of the scene, including the victim; date and time of preparation; name of person(s) preparing the sketch; geographic indicator or direction of north; and location of items of physical evidence recovered.
4. Collection and preservation of physical evidence
B. Specifically, the vehicle used by the CSI will be equipped as specified above.
C. Crash investigation materials will be carried in each patrol cruiser. (See General Order 41.3.3)
1. Additional materials for crash investigation, particularly for technical investigations, will be maintained on station.
83.2.5 CRASH/CRIME SCENE PROCESSING RECORD
A. The officer who processes a crime or accident scene shall include in a report the events that transpire, including:
1. Date and time of arrival at scene;
2. Location of the crime;
3. Name of victim(s), if known;
4. Name of suspect(s), if known;
5. Action taken at the scene, such as photographs taken, crime scene sketch, evidence collected, etc.; 463
6. Case number (if available).
83.1 EVIDENCE HANDLING
83.3.1 CHAIN OF CUSTODY RECORD
A. The evidence impound form will contain a record of each transfer of custody of physical evidence.
1. The chain of custody will indicate the date and time of transfer, the transferring person's name, and where or to whom the property is being transferred.
83.3.2 SUBMITTING EVIDENCE TO FORENSIC LABS
A. The member of the department in charge of the crime scene shall be responsible for requesting laboratory examinations.
1. The patrol officer who takes responsibility for a crime scene will be responsible for requesting laboratory examinations.
a. The shift supervisor will be responsible for determining if a Crime Scene Technician will be necessary at the scene to process the scene.
2. At major crime scenes or at other times when a member of C3I or other crime scene investigator is on the scene, that unit shall be responsible for requesting laboratory examinations.
3. The investigating officer will be responsible for specifying the tests to be performed.
B. Evidence shall be packaged and transmitted in accordance with acceptable techniques and methods.
1. Blood taken from DUI/DWI arrests will be submitted to the Maryland Department of State Police/Chemical Test for Alcohol Unit (MSP/CTAU) in approved containers and mailers, in accordance to MSP/CTAU guidelines.
2. Body fluids which are collected as evidence in crimes may be submitted to the Maryland Department of State Police, Crime Laboratory Division
a. Specimens will be refrigerated until they can be submitted in a timely fashion to the Maryland Department of State Police, Crime Laboratory Division
b. The arresting officer will be responsible for specifying the tests to be performed on the sample and for completing submission forms, which include Maryland Department of State Police request for laboratory examination - chain of custody log, MSP From 67.
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3. All evidence which will be subject to analysis will normally be submitted to Maryland Department of State Police, Crime Laboratory Division.
a. Physical evidence will be submitted as soon as practical, based on the guidelines established in Maryland Department of State Police, Crime Laboratory Division, Guidelines for Submitting Physical Evidence and provided by Maryland Department of State Police.
b. The arresting officer will be responsible for specifying the tests to be performed on the sample and for completing Maryland Department of State Police, request for laboratory examination, MSP Form 67.
C. The department will maintain a record of physical evidence submitted to a laboratory for examination to include the following information:
1. Name of officer last having custody of the item;
2. Date and time of submission or mailing and method used for transmission;
3. Date and time of receipt in the laboratory;
4. Name and signature of person in the laboratory receiving the evidence.
D. The chain of evidence record on the property impound sheet will be used to indicate evidence has been transferred to a laboratory.
1. The Maryland Department of State Police Crime Lab completes the request for laboratory examination - chain of custody, MSP Form 67 upon receipt of evidence.
E. Written results of laboratory analysis are provided by the Maryland Department of State Police Crime Lab.
1. Results will be forwarded to the Evidence Officer, who will maintain a copy and forward the original to the case folder.
2. A request for written results of laboratory analysis will accompany evidence submitted to agencies or labs other than the Maryland Department of State Police Crime Lab.
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APPENDIX
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PUBLIC SAFETY ARTICLE TITLE 3 Sub-Title 1 – Law Enforcement Officers Bill of Rights
§ 3-101.
(a) In this subtitle the following words have the meanings indicated.
(b) (1) "Chief" means the head of a law enforcement agency.
(2) "Chief" includes the officer designated by the head of a law enforcement agency.
(c) (1) "Hearing" means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence.
(2) "Hearing" does not include an interrogation at which no testimony is taken under oath.
(d) "Hearing board" means a board that is authorized by the chief to hold a hearing on a complaint against a law enforcement officer.
(e) (1) "Law enforcement officer" means an individual who:
(i) in an official capacity is authorized by law to make arrests; and
(ii) is a member of one of the following law enforcement agencies:
1. the Department of State Police;
2. the Police Department of Baltimore City;
3. the Baltimore City School Police Force;
4. the Baltimore City Watershed Police Force;
5. the police department, bureau, or force of a county;
6. the police department, bureau, or force of a municipal corporation;
7. the office of the sheriff of a county;
8. the police department, bureau, or force of a bicounty agency;
9. the Maryland Transportation Authority Police;
10. the police forces of the Department of Transportation;
11. the police forces of the Department of Natural Resources; 468
12. the Field Enforcement Bureau of the Comptroller's Office;
13. the Housing Authority of Baltimore City Police Force;
14. the Crofton Police Department;
15. the police force of the Department of Health and Mental Hygiene;
16. the police force of the Department of General Services;
17. the police force of the Department of Labor, Licensing, and Regulation;
18. the police forces of the University System of Maryland;
19. the police force of Morgan State University;
20. the office of State Fire Marshal; or
21. the Ocean Pines Police Department.
(2) "Law enforcement officer" does not include:
(i) an individual who serves at the pleasure of the Police Commissioner of Baltimore City;
(ii) an individual who serves at the pleasure of the appointing authority of a charter county;
(iii) the police chief of a municipal corporation;
(iv) an officer who is in probationary status on initial entry into the law enforcement agency except if an allegation of brutality in the execution of the officer's duties is made;
(v) a Montgomery County fire and explosive investigator as defined in § 2-208.1 of the Criminal Procedure Article; or
(vi) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2-208.2 of the Criminal Procedure Article.
§ 3-102.
(a) Except for the administrative hearing process under Title 3, Subtitle 2 of this article that relates to the certification enforcement power of the Police Training Commission, this subtitle supersedes any other law of the State, a county, or a municipal corporation that conflicts with this subtitle.
(b) Any local law is preempted by the subject and material of this subtitle.
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(c) this subtitle does not limit the authority of the chief to regulate the competent and efficient operation and management of a law enforcement agency by any reasonable means including transfer and reassignment if:
(1) that action is not punitive in nature; and
(2) the chief determines that action to be in the best interests of the internal management of the law enforcement agency.
§ 3-103.
(a) (1) Subject to paragraph (2) of this subsection, a law enforcement officer has the same rights to engage in political activity as a State employee.
(2) This right to engage in political activity does not apply when the law enforcement officer is on duty or acting in an official capacity.
(b) A law enforcement agency:
(1) may not prohibit secondary employment by law enforcement officers; but
(2) may adopt reasonable regulations that relate to secondary employment by law enforcement officers.
(c) A law enforcement officer may not be required or requested to disclose an item of the law enforcement officer's property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the law enforcement officer's family or household, unless:
(1) the information is necessary to investigate a possible conflict of interest with respect to the performance of the law enforcement officer's official duties; or
(2) the disclosure is required by federal or State law.
(d) A law enforcement officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the law enforcement officer's employment or be threatened with that treatment because the law enforcement officer:
(1) has exercised or demanded the rights granted by this subtitle; or
(2) has lawfully exercised constitutional rights.
(e) A statute may not abridge and a law enforcement agency may not adopt a regulation that prohibits the right of a law enforcement officer to bring suit that arises out of the law enforcement officer's duties as a law enforcement officer.
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(f) A law enforcement officer may waive in writing any or all rights granted by this subtitle.
§ 3-104.
(a) The investigation or interrogation by a law enforcement agency of a law enforcement officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.
(b) For purposes of this section, the investigating officer or interrogating officer shall be:
(1) a sworn law enforcement officer; or
(2) if requested by the Governor, the Attorney General or Attorney General's designee.
(c) (1) A complaint against a law enforcement officer that alleges brutality in the execution of the law enforcement officer's duties may not be investigated unless the complaint is sworn to, before an official authorized to administer oaths, by:
(i) the aggrieved individual;
(ii) a member of the aggrieved individual's immediate family;
(iii) an individual with firsthand knowledge obtained because the individual was present at and observed the alleged incident; or
(iv) the parent or guardian of the minor child, if the alleged incident involves a minor child.
(2) Unless a complaint is filed within 90 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated and an action may not be taken.
(d) (1) The law enforcement officer under investigation shall be informed of the name, rank, and command of:
(i) the law enforcement officer in charge of the investigation;
(ii) the interrogating officer; and
(iii) each individual present during an interrogation.
(2) Before an interrogation, the law enforcement officer under investigation shall be informed in writing of the nature of the investigation.
(e) If the law enforcement officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, the law enforcement officer shall be informed completely of all of the law enforcement officer's rights before the interrogation begins.
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(f) Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the law enforcement officer is on duty.
(g) (1) The interrogation shall take place:
(i) at the office of the command of the investigating officer or at the office of the local precinct or police unit in which the incident allegedly occurred, as designated by the investigating officer; or
(ii) at another reasonable and appropriate place.
(2) The law enforcement officer under investigation may waive the right described in paragraph (1)(i) of this subsection.
(h) (1) All questions directed to the law enforcement officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection.
(2) Each session of interrogation shall:
(i) be for a reasonable period; and
(ii) allow for personal necessities and rest periods as reasonably necessary.
(i) The law enforcement officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action.
(j) (1) (i) On request, the law enforcement officer under interrogation has the right to be represented by counsel or another responsible representative of the law enforcement officer's choice who shall be present and available for consultation at all times during the interrogation.
(ii) The law enforcement officer may waive the right described in subparagraph (i) of this paragraph.
(2) (i) The interrogation shall be suspended for a period not exceeding 10 days until representation is obtained.
(ii) Within that 10-day period, the chief for good cause shown may extend the period for obtaining representation.
(3) During the interrogation, the law enforcement officer's counsel or representative may:
(i) request a recess at any time to consult with the law enforcement officer;
(ii) object to any question posed; and
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(iii) state on the record outside the presence of the law enforcement officer the reason for the objection.
(k) (1) A complete record shall be kept of the entire interrogation, including all recess periods, of the law enforcement officer.
(2) The record may be written, taped, or transcribed.
(3) On completion of the investigation, and on request of the law enforcement officer under investigation or the law enforcement officer's counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing.
(l) (1) The law enforcement agency may order the law enforcement officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.
(2) If the law enforcement agency orders the law enforcement officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection and the law enforcement officer refuses to do so, the law enforcement agency may commence an action that may lead to a punitive measure as a result of the refusal.
(3) If the law enforcement agency orders the law enforcement officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the law enforcement officer.
(m) (1) If the law enforcement agency orders the law enforcement officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the law enforcement agency and the law enforcement officer agree to the admission of the results.
(2) The law enforcement officer's counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygraph examiner if:
(i) the questions to be asked are reviewed with the law enforcement officer or the counsel or representative before the administration of the examination;
(ii) the counsel or representative is allowed to observe the administration of the examination; and
(iii) a copy of the final report of the examination by the certified polygraph examiner is made available to the law enforcement officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.
(n) (1) On completion of an investigation and at least 10 days before a hearing, the law enforcement officer under investigation shall be:
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(i) notified of the name of each witness and of each charge and specification against the law enforcement officer; and
(ii) provided with a copy of the investigatory file and any exculpatory information, if the law enforcement officer and the law enforcement officer's representative agree to:
1. execute a confidentiality agreement with the law enforcement agency not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the law enforcement officer; and
2. pay a reasonable charge for the cost of reproducing the material.
(2) The law enforcement agency may exclude from the exculpatory information provided to a law enforcement officer under this subsection:
(i) the identity of confidential sources;
(ii) nonexculpatory information; and
(iii) recommendations as to charges, disposition, or punishment.
(o) (1) The law enforcement agency may not insert adverse material into a file of the law enforcement officer, except the file of the internal investigation or the intelligence division, unless the law enforcement officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.
(2) The law enforcement officer may waive the right described in paragraph (1) of this subsection.
§ 3-105.
(a) A law enforcement officer who is denied a right granted by this subtitle may apply to the circuit court of the county where the law enforcement officer is regularly employed for an order that directs the law enforcement agency to show cause why the right should not be granted.
(b) The law enforcement officer may apply for the show cause order:
(1) either individually or through the law enforcement officer's certified or recognized employee organization; and
(2) at any time prior to the beginning of a hearing by the hearing board.
§ 3-106.
474
(a) Subject to subsection (b) of this section, a law enforcement agency may not bring administrative charges against a law enforcement officer unless the agency files the charges within 1 year after the act that gives rise to the charges comes to the attention of the appropriate law enforcement agency official.
(b) The 1-year limitation of subsection (a) of this section does not apply to charges that relate to criminal activity or excessive force.
§ 3-107.
(a) (1) Except as provided in paragraph (2) of this subsection and § 3-111 of this subtitle, if the investigation or interrogation of a law enforcement officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the law enforcement officer is entitled to a hearing on the issues by a hearing board before the law enforcement agency takes that action.
(2) A law enforcement officer who has been convicted of a felony is not entitled to a hearing under this section.
(b) (1) The law enforcement agency shall give notice to the law enforcement officer of the right to a hearing by a hearing board under this section.
(2) The notice required under this subsection shall state the time and place of the hearing and the issues involved.
(c) (1) Except as provided in paragraph (4) of this subsection and in § 3-111 of this subtitle, the hearing board authorized under this section shall consist of at least three members who:
(i) are appointed by the chief and chosen from law enforcement officers within that law enforcement agency, or from law enforcement officers of another law enforcement agency with the approval of the chief of the other agency; and
(ii) have had no part in the investigation or interrogation of the law enforcement officer.
(2) At least one member of the hearing board shall be of the same rank as the law enforcement officer against whom the complaint is filed.
(3) (i) If the chief is the law enforcement officer under investigation, the chief of another law enforcement agency in the State shall function as the law enforcement officer of the same rank on the hearing board.
(ii) If the chief of a State law enforcement agency is under investigation, the Governor shall appoint the chief of another law enforcement agency to function as the law enforcement officer of the same rank on the hearing board.
(iii) If the chief of a law enforcement agency of a county or municipal corporation is under investigation, the official authorized to appoint the chief's successor shall appoint the chief of another law enforcement agency to function as the law enforcement officer of the same rank on the hearing board. 475
(iv) If the chief of a State law enforcement agency or the chief of a law enforcement agency of a county or municipal corporation is under investigation, the official authorized to appoint the chief's successor, or that official's designee, shall function as the chief for purposes of this subtitle.
(4) (i) A law enforcement agency or the agency's superior governmental authority that has recognized and certified an exclusive collective bargaining representative may negotiate with the representative an alternative method of forming a hearing board.
(ii) A law enforcement officer may elect the alternative method of forming a hearing board if:
1. the law enforcement officer works in a law enforcement agency described in subparagraph (i) of this paragraph; and
2. the law enforcement officer is included in the collective bargaining unit.
(iii) The law enforcement agency shall notify the law enforcement officer in writing before a hearing board is formed that the law enforcement officer may elect an alternative method of forming a hearing board if one has been negotiated under this paragraph.
(iv) If the law enforcement officer elects the alternative method, that method shall be used to form the hearing board.
(v) An agency or exclusive collective bargaining representative may not require a law enforcement officer to elect an alternative method of forming a hearing board.
(vi) If the law enforcement officer has been offered summary punishment, an alternative method of forming a hearing board may not be used.
(vii) This paragraph is not subject to binding arbitration.
(d) (1) In connection with a disciplinary hearing, the chief or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary.
(2) The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court.
(3) Each party may request the chief or hearing board to issue a subpoena or order under this subtitle.
(4) In case of disobedience or refusal to obey a subpoena served under this subsection, the chief or hearing board may apply without cost to the circuit court of a county where the subpoenaed party resides or conducts business, for an order to compel the attendance and testimony of the witness or the production of the books, papers, records, and documents.
(5) On a finding that the attendance and testimony of the witness or the production of the books, papers, records, and documents is relevant or necessary: 476
(i) the court may issue without cost an order that requires the attendance and testimony of witnesses or the production of books, papers, records, and documents; and
(ii) failure to obey the order may be punished by the court as contempt.
(e) (1) The hearing shall be conducted by a hearing board.
(2) The hearing board shall give the law enforcement agency and law enforcement officer ample opportunity to present evidence and argument about the issues involved.
(3) The law enforcement agency and law enforcement officer may be represented by counsel.
(4) Each party has the right to cross-examine witnesses who testify and each party may submit rebuttal evidence.
(f) (1) Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.
(2) The hearing board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
(3) Each record or document that a party desires to use shall be offered and made a part of the record.
(4) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
(g) (1) The hearing board may take notice of:
(i) judicially cognizable facts; and
(ii) general, technical, or scientific facts within its specialized knowledge.
(2) The hearing board shall:
(i) notify each party of the facts so noticed either before or during the hearing, or by reference in preliminary reports or otherwise; and
(ii) give each party an opportunity and reasonable time to contest the facts so noticed.
(3) The hearing board may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.
(h) (1) With respect to the subject of a hearing conducted under this subtitle, the chief shall administer oaths or affirmations and examine individuals under oath.
477
(2) In connection with a disciplinary hearing, the chief or a hearing board may administer oaths.
(i) (1) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a circuit court.
(2) Witness fees, mileage, and the actual expenses necessarily incurred in securing the attendance of witnesses and their testimony shall be itemized and paid by the law enforcement agency.
(j) An official record, including testimony and exhibits, shall be kept of the hearing.
§ 3-108.
(a) (1) A decision, order, or action taken as a result of a hearing under § 3-107 of this subtitle shall be in writing and accompanied by findings of fact.
(2) The findings of fact shall consist of a concise statement on each issue in the case.
(3) A finding of not guilty terminates the action.
(4) If the hearing board makes a finding of guilt, the hearing board shall:
(i) reconvene the hearing;
(ii) receive evidence; and
(iii) consider the law enforcement officer's past job performance and other relevant information as factors before making recommendations to the chief.
(5) A copy of the decision or order, findings of fact, conclusions, and written recommendations for action shall be delivered or mailed promptly to:
(i) the law enforcement officer or the law enforcement officer's counsel or representative of record; and
(ii) the chief.
(b) (1) After a disciplinary hearing and a finding of guilt, the hearing board may recommend the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
(2) The recommendation of a penalty shall be in writing.
(c) (1) Notwithstanding any other provision of this subtitle, the decision of the hearing board as to findings of fact and any penalty is final if:
478
(i) a chief is an eyewitness to the incident under investigation; or
(ii) a law enforcement agency or the agency's superior governmental authority has agreed with an exclusive collective bargaining representative recognized or certified under applicable law that the decision is final.
(2) The decision of the hearing board then may be appealed in accordance with § 3-109 of this subtitle.
(3) Paragraph (1)(ii) of this subsection is not subject to binding arbitration.
(d) (1) Within 30 days after receipt of the recommendations of the hearing board, the chief shall:
(i) review the findings, conclusions, and recommendations of the hearing board; and
(ii) issue a final order.
(2) The final order and decision of the chief is binding and then may be appealed in accordance with § 3-109 of this subtitle.
(3) The recommendation of a penalty by the hearing board is not binding on the chief.
(4) The chief shall consider the law enforcement officer's past job performance as a factor before imposing a penalty.
(5) The chief may increase the recommended penalty of the hearing board only if the chief personally:
(i) reviews the entire record of the proceedings of the hearing board;
(ii) meets with the law enforcement officer and allows the law enforcement officer to be heard on the record;
(iii) discloses and provides in writing to the law enforcement officer, at least 10 days before the meeting, any oral or written communication not included in the record of the hearing board on which the decision to consider increasing the penalty is wholly or partly based; and
(iv) states on the record the substantial evidence relied on to support the increase of the recommended penalty.
§ 3-109.
(a) An appeal from a decision made under § 3-108 of this subtitle shall be taken to the circuit court for the county in accordance with Maryland Rule 7-202. 479
(b) A party aggrieved by a decision of a court under this subtitle may appeal to the Court of Special Appeals.
§ 3-110.
On written request, a law enforcement officer may have expunged from any file the record of a formal complaint made against the law enforcement officer if:
(1) (i) the law enforcement agency that investigated the complaint:
1. exonerated the law enforcement officer of all charges in the complaint; or
2. determined that the charges were unsustained or unfounded; or
(ii) a hearing board acquitted the law enforcement officer, dismissed the action, or made a finding of not guilty; and
(2) at least 3 years have passed since the final disposition by the law enforcement agency or hearing board.
§ 3-111.
(a) This subtitle does not prohibit summary punishment by higher ranking law enforcement officers as designated by the chief.
(b) (1) Summary punishment may be imposed for minor violations of law enforcement agency rules and regulations if:
(i) the facts that constitute the minor violation are not in dispute;
(ii) the law enforcement officer waives the hearing provided under this subtitle; and
(iii) the law enforcement officer accepts the punishment imposed by the highest ranking law enforcement officer, or individual acting in that capacity, of the unit to which the law enforcement officer is attached.
(2) Summary punishment imposed under this subsection may not exceed suspension of 3 days without pay or a fine of $150.
(c) (1) If a law enforcement officer is offered summary punishment in accordance with subsection (b) of this section and refuses:
(i) the chief may convene a hearing board of one or more members; and
480
(ii) the hearing board has only the authority to recommend the sanctions provided in this section for summary punishment.
(2) If a single member hearing board is convened:
(i) the member need not be of the same rank as the law enforcement officer; but
(ii) all other provisions of this subtitle apply.
§ 3-112.
(a) This subtitle does not prohibit emergency suspension by higher ranking law enforcement officers as designated by the chief.
(b) (1) The chief may impose emergency suspension with pay if it appears that the action is in the best interest of the public and the law enforcement agency.
(2) If the law enforcement officer is suspended with pay, the chief may suspend the police powers of the law enforcement officer and reassign the law enforcement officer to restricted duties pending:
(i) a determination by a court with respect to a criminal violation; or
(ii) a final determination by a hearing board with respect to a law enforcement agency violation.
(3) A law enforcement officer who is suspended under this subsection is entitled to a prompt hearing.
(c) (1) If a law enforcement officer is charged with a felony, the chief may impose an emergency suspension of police powers without pay.
(2) A law enforcement officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing.
§ 3-113.
(a) A person may not knowingly make a false statement, report, or complaint during an investigation or proceeding conducted under this subtitle.
(b) A person who violates this section is subject to the penalties of § 9-501 of the Criminal Law Article.
481
Contract between Mayor & City Council of Cumberland. MD & United Food & Commercial Workers Local 1994 Municipal & County Government Employees Organization
482
PREAMBLE
This Agreement, made and executed in duplicate, this 5th day of December 2007, by and between the Mayor and City Council of Cumberland, a municipal corporation of the State of Maryland, hereinafter known as “Employer,” and the United Food and Commercial Workers Local 1994 MCGEO, hereinafter referred to as “Local 1994” or “Union.”
WITNESS:
Whereas, the United Food and Commercial Workers Local 1994 MCGEO, has been designated as the exclusive bargaining agent for certain members of the Police Department of the City of Cumberland; and
Article I Purpose
Section 1:
(a) It is the purpose of this Agreement to promote harmonious relations, cooperation and understanding between the City of Cumberland and the employees covered hereby, to strive for good collective bargaining procedures, and to establish the best standards of wages, hours, working conditions and other conditions of employment possible, recognizing that the job of a police officer is unique in nature.
(b) Items not expressly contained in this Agreement will remain the prerogative of the Employer. All terms of this Agreement will be subject to applicable provision of the Charter and Code of the City of Cumberland, and all amendments thereto.
(c) The use of any gender, tense, or conjugation in this Agreement shall be applicable to all genders, tenses and conjugations. The use of the singular shall include the plural and the plural shall include the singular.
Article II Impasse
Section 1: As defined in the Article, an impasse occurs after both parties have considered the proposals and counter proposals of the other party in good faith and despite honest and diligent effort cannot reach agreement on the subject being negotiated, or if no later than two weeks prior to the expiration of the present agreement either party concludes that a successor agreement is unlikely. The following procedures will be used to resolve impasses in negotiations between the Employer and the Union.
(a) If the Employer or the Union concludes that an impasse has been reached on a proposal which has been in the negotiating process for no less than three (3) negotiating sessions, or fewer by mutual agreement, either party may refer to the impasse by delivering a written statement of its position to the other party together with a written notice of intent to invoke the procedures (Notice) hereinafter set forth.
483
(b) Upon the issuance of the Notice, either party may notify the Federal Mediation and Conciliation Service (FMCS) of this fact, in writing, and request mediation. Copies of this notification shall be transmitted to the other party.
(c) It shall be the function of the mediator to assist both parties without taking sides. The mediator shall make no public recommendations on the negotiation issues or public statements of finding of fact in connection with the performance of his service, nor any public statements evaluating the relative merits of the positions of the parties. The mediator shall make no public, confidential or other report concerning the issues except by mutual agreement of the parties, or as required by the FMCS.
(d) Nothing in the Article will preclude either party from presenting, in the interest of reaching agreement, a proposal at any stage in the proceedings. By agreement, the parties may recall any referral at any stage in the proceedings.
(e) If mediation is unsuccessful, FMCS shall appoint a fact finder who shall conduct a hearing and issue a decision within thirty (30) days after the request for mediation; a copy of the fact finder’s decision shall be sent to the Employer and the Union.
(f) The Employer and Union agree that the current agreement will continue in effect until both parties have acted upon this report.
Article III Local 1994 Recognition and Security
Section 1:
(a) Employer recognizes UFCW Local 1994 MCGEO as the exclusive bargaining agent for the employees covered by this Agreement, which shall include all members of the Police Department except the Chief, Deputy Chiefs, Captains, Lieutenants and probationary employees, for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment.
(b) The Union agrees that during the term of this Agreement, the Union, its agents, and its bargaining unit members will not authorize, instigate, aid or engage in any work stoppage, slowdown, sick-out, refusal to work, picketing or strike against the Employer. The Employer agrees that during the term of this Agreement there will be no lockout. The Union agrees to provide the Employer with a list of current shop stewards, which list shall be updated whenever there are changes.
Section 2 Membership:
It shall be a continuing condition of employment that all bargaining unit employees shall become members of the Union within thirty (30) days of employment or shall pay a service fee. Employees who pay dues and employees, who pay a service fee, shall pay amounts set by the Union. These amounts may be subject to change once each year of this Agreement as a result of the Union’s notice to the Employer and appropriate bargaining unit members mailed thirty (30) days prior to the change. 484
Section 3 Deduction of Union Dues and Service Charges:
The Employer will provide voluntary check-off and shall check off dues, service fees, and voluntary political contributions from all employees and shall remit the same via direct deposit to the Secretary-Treasurer of Local 1994 on a biweekly basis. Any voluntary political check-off form provided by the Union shall be in compliance with Federal and State election law requirements.
Article IV Grievance and Arbitration Procedure
Section 1: The term "grievance" shall mean an allegation that there has been a breach, misinterpretation, or improper application of this Agreement which has been violated. The term "grievant" shall mean an employee or group of employees or, in the case of a grievance involving Union rights, the Union. The grievance and arbitration procedure contained in this agreement shall be the exclusive remedy for the resolution of disputes defined as "grievances" herein. This shall not be interpreted to preclude either party from enforcing the arbitrator’s award in court. This section shall not be construed in any manner to limit the statutory rights and obligation of the Employer.
Section 2: Grievances shall be settled in the following manner:
Step 1:
A grievance must be initiated no later than thirty (30) working days from the date of the occurrence of the act or acts giving rise to the grievance. Grievances are initiated by the Union representative filing written notice of the grievance with the Chief of Police or his designee (the “Designee”) within the time frame aforesaid. The notice shall cite the specific Section and Article of this Agreement which is alleged to have been violated, misinterpreted or improperly applied and a brief summary of the facts supporting that contention. The Chief or Designee, with the Lieutenant in Charge, shall discuss the grievance with the grievant within five (5) days of the Chief’s/Designee’s receipt of the notice of the grievance. The only persons entitled to be present at this meeting shall be the Chief of Police or Designee, one other Employer representative, the grievant and the Union. The Chief or Designee shall respond in writing to the said grievance within five (5) working days following the discussion thereof. The Chief of Police’s appointment of a Designee for the purposes of this Article of this Agreement shall be effective upon the date the Chief of Police provides written notice of the said appointment to the Union. In absence of the provision of such notice, there shall be no Designee for the purposes of this Article of this Agreement.
Step 2: If the grievance has not been satisfactorily resolved, the Union Representative, or its President, shall file with the City Administrator, within ten (10) working days following receipt of the said response, a written notice of the appeal thereof, with a copy to the Personnel Office and the Union. The City Administrator, with the Police Chief or Designee, and the Lieutenant in Charge shall discuss the grievance with the aggrieved parties within ten (10) working days of receipt of the notice of appeal. The City Administrator shall provide a written response to the said appeal, with a copy to the Union within ten (10) working days following the discussion thereof.
Step 3:
485
If the grievance is still unresolved after Step 2, the Union may submit the grievance to arbitration. Such submission to arbitration must be made within ten (10) working days of receipt of the response of the City Administrator, as outlined in Step 2. The Union must notify management, in writing, of such submission.
The American Arbitration Association (“Association”) shall conduct such arbitration and such arbitrator as is assigned by the Association shall hear the matter. The parties shall be bound by the usual procedural rules of the Association and all phases of the arbitration shall be conducted in accordance therewith.
The arbitrator shall be requested to issue a decision within thirty (30) days following the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties and shall be enforceable in the Courts of the State of Maryland.
The jurisdiction and authority of the arbitrator of the grievance and his opinion and award shall be confined to the specific provision or provisions of this Agreement at issue between the Union and the Employer. He shall have no authority to add to, alter, amend, or modify any provision of this Agreement. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Employer and the Union. The award in writing of the arbitrator within his jurisdiction and authority as specified in this Agreement shall be final and binding on the grievant, the Union and the Employer.
Section 3: The party who is unsuccessful in the arbitration procedure shall pay costs and expenses assessed by the arbitrator in each case. Each party shall pay for its own counsel.
Section 4: "Working days" as set forth in this Article of this Agreement means all weekdays except those when City Hall is closed.
Section 5: All grievances, appeals and responses, requests for review, and other matters relating to this Article shall be in writing and copies of all such documents shall be furnished to the Personnel Office and the Union.
Section 6: Time limits imposed by this Article may be extended by mutual agreement of the parties, in writing. Any grievance not appealed or answered at any step of the grievance procedure within the number of days specified shall be considered settled in favor of the grievant if not answered by the Employer, and settled in favor of the Employer if not appealed by the Union, as specified.
Article V Union Representation
Section 1: The Employer recognizes and shall deal with all of the accredited Union representatives and the Union President in all matters relating to grievances and interpretation of this Agreement. There shall be no more than six (6) Union representatives.
Section 2: A written list of the Union representatives (such list to outline the area to be represented by representatives) shall be furnished to the Employer immediately after their designation, and the Union shall notify the Employer promptly of any changes of such Union representatives. No more than four (4) 486 bargaining unit members shall serve on the bargaining team. The Union shall notify the Employer promptly of the bargaining team members.
Section 3:
(a) The Employer shall provide reasonable time, upon request to the Chief of Police, for members of the Bargaining Team to attend meetings for negotiations on City time. Such requests shall not be unreasonably denied.
(b) Union Representatives planning to attend meetings such as specified above will notify the Chief in writing at least five calendar (5) days in advance of the meetings.
Article VI Discrimination
Section 1: No police officer shall be in any manner discriminated against, coerced, restrained or influenced due to membership in the Union or being an officer therein.
Article VII Seniority
Section 1: Seniority standing shall be granted to all police officers. The date of seniority shall be the first day of probationary employment. Said seniority date shall not be permanently assigned until after the satisfactory completion of the established probationary period in accordance with established practices. A report shall be required from the Chief of Police advising the City Administrator that the probationary employment of an employee has been satisfactory, with recommendation for permanent employment, before the name of the employee is permanently assigned to the Seniority List. Before appointment is made permanent, a probationary police officer may be discharged without the consent of the probationary police officer or the Union.
Section 2: An employee shall lose his seniority standing upon voluntary resignation from employment. An employee's seniority shall not be terminated because of authorized leave of absence or layoff.
Section 3: In the case of reduction of forces or elimination of a position, departmental seniority shall govern, with fitness and ability being equal. Layoffs shall begin with those employees having the least seniority by classification; provided, however, that any employee scheduled to be laid off may, within forty-eight (48) hours of notice of layoffs, claim any position in a similar or lower scale which the employee can perform without further training within said department. Employees shall be recalled according to seniority in the inverse order of layoff. The employee shall return to work within ten (10) calendar days of written notice of recall by registered letter to the last recorded address or forfeit his seniority rights, and shall be subject to loss of job.
Section 4: All patrolmen working patrol shall be afforded the opportunity to change their shift hours and days off once a year. A sign-up sheet shall be posted each November 1st and will remain up for fifteen (15) calendar days. All re-assignments shall be made prior to January 1st to be effective for the calendar quarter beginning January 1st. Preference shall be given in accordance with seniority rules. The assignments for 487 supervisory positions (Corporals and Sergeants) will be made by the Chief of Police in order to meet the needs of the department.
Section 5:
(a) The Employer may make temporary assignments of employees to positions other than those they normally perform in order to meet the requirements of the operations of the department. The Employer and Union agree that any Patrolman, Corporal and Sergeant who has an assignment other than patrol shift work can make a written request to be transferred back to the patrol unit, subject to the approval of the Chief of Police. The police officer shall be granted the transfer no later than twenty (20) working days after the request.
(b) Temporary assignments shall be for a period of no more than sixty (60) workdays.
(c) Any position that requires more than sixty (60) workdays of temporary assignment shall be considered an open position, except in those instances where positions are open because of employees being on approved leave.
(d) Special and/or temporary assignments will be posted. Said list will expire after sixty (60) days of posting and all officers will be eligible to sign for said special and/or temporary assignments. Special qualifications, where pertinent, and length of service will be given consideration when selection for such assignment is made.
(e) When courses/training assignments/schools are available, notice will be posted and all officers will be eligible to sign for said courses/training assignments/schools. This list will expire after sixty (60) days of posting. Length of service will be given consideration in selecting candidates for courses/training assignments/schools. When less than ten (10) days' notice is given for training assignments/schools/seminars/etc., a sign up will not be required. Selection will be made by the Chief of Police, giving consideration special qualifications, subject matter, officer's assignment, last school attended and length of service.
Section 6: Notice of all vacancies shall be posted on employee bulletin boards within ten (10) days following the occurrence of the vacancy. Employees shall be given ten (10) working days' time in which to make application to fill the vacancy or to fill a new position being created. The employee with the necessary abilities or qualifications shall be awarded the position involved, and such award shall be made within thirty (30) days following the posting on the bulletin board. If two or more bargaining unit members are deemed to be equal in necessary abilities or qualifications, the most senior bargaining unit member will be selected. Newly created positions or vacancies are to be posted to include the following information:
a) The type of work, place of work, rate of pay, hours of work, and classification. (This section is not intended to conflict with current examination requirements).
Section 7: The seniority list shall be brought up-to-date January lst of each year and posted on the employees' bulletin board; such list shall contain date of hire, classification and department. A copy of the seniority list shall be sent by mail to the Union Field Representative and President of the Union.
Article VIII 488
Holidays with Pay
Section 1: The following days shall be legal holidays and shall be used as paid vacation days in lieu of holidays: New Year’s Day Martin Luther King’s Birthday George Washington’s Birthday Good Friday Memorial Day Independence Day (July 4th) Labor Day Columbus Day General Election Day Veteran’s Day Thanksgiving and the day following Christmas Day Employee’s Birthday
and shall be celebrated on such day as is legally designated therefore. In addition to those holidays above, when Independence Day (July 4th), Christmas Day or New Year's Day fall on Tuesday, the preceding Monday shall be granted as a holiday; when Independence Day (July 4th), Christmas Day or New Year's Day fall on Thursday, Friday shall be granted as a holiday.
Section 2: When required to work on Veteran’s Day, Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, or Independence Day, the employee will be paid at the rate of time and one-half (12 hours) for each day worked. If the employee volunteers or is held over from the previous shift or is "ordered" to work his regular leave day when he is not scheduled to work, the employee shall be paid at a rate of double time (16 hours) for each day worked.
Article IX Vacations
Section 1:
(a) It shall be the policy of the Employer that vacations are necessary to the health and well being of all its employees and that the time off shall be taken by every employee, except in unavoidable emergencies.
Vacation shall be adjusted to July 1st next following employment in probationary status at the rate of 5/12 day for each month, or portion thereof, worked in the current fiscal year. Said vacation shall be taken during the next fiscal year.
489
When an employee is hired in the period January 1 to June 30, he shall earn five (5) days' vacation during the first fully completed fiscal year;
When an employee is hired in the period July 1 to December 31, he shall begin earning vacation at the rate of ten (10) days during the first fully completed fiscal year.
Second Fiscal Year...... 10 days Third through Fourth Fiscal Year ...... 15 days Fifth through Ninth Fiscal Year ...... 20 days Tenth through Twenty-fourth Fiscal Year ...... 25 days Twenty-fifth through Thirtieth Fiscal Year ...... 30 days
Section 2:
(a) Each employee shall have the option of taking vacation days in increments of four (4) hours.
Section 3: Vacation preference shall be determined on the basis of seniority in accordance with established practices.
Section 4: Any reservation costs incurred by an employee through rescheduling of his vacation by the City will be reimbursed, provided that the reservation costs are substantiated.
Section 5: Any employee required to cancel or alter an approved vacation, or to return to work while on vacation, shall be compensated for the time actually worked at the rate of time and one-half (1½) the regular rate, and all days worked shall be rescheduled. This section does not apply to mutually agreed cancellation of vacation.
Section 6: An employee leaving the service shall be reimbursed for all accrued vacation that he was entitled during the current year in accordance with the schedule. (See Fringe Benefits Booklet.)
Section 7: Upon mutual agreement of the Chief of Police and City Administrator each employee will have the option to sell back and receive straight holiday pay in lieu of up to fifteen (15) holiday/vacation days. The sell back will occur on July 15th and March 15th of each year.
Section 8: At the sole discretion of the Chief of Police an employee shall have the opportunity to carry- forward a mutually agreed to number of holiday/vacation days from one fiscal year to another for extraordinary circumstances.
Article X Sick Leave
Section 1: Sick leave shall be earned at the rate of one and one-quarter ( 1¼ ) days per month for each month of employment and cumulative in an unlimited amount. Earned sick leave shall be credited to the employee's personnel record annually in an amount equal to fifteen (15) days, less the number of days used during the fiscal year prior to said annual posting, which shall be July 1st. 490
Section 2: Sick leave shall be granted to employees when they are incapacitated by sickness, injury or for medical examination or treatment. An employee shall be able to use sick leave in half-shift increments.
Section 3: An employee will be required to produce a doctor's certificate that states the nature of the illness when he is off from work for more than two (2) days in order to be paid for use of sick leave. The Employer will maintain a record of sick leave for each officer. Whenever an officer is marked off sick, it will be assessed to the officer's sick leave record and will remain on the record until July 1st of each year, regardless of the date of the occurrence. If at any time an officer has more than four (4) sick leave occurrences within a twelve (12) month period on his record, he will be required to produce a doctor's certificate before returning to work. The doctor's certificate will state the nature of the officer's illness or injury and ability to return to work.
Section 4: In case of an extended sickness in which an employee has exhausted his accumulated sick leave, all unused vacation time must be taken. At the end of this time, if the employee still has to be away from the job because of sickness, a request for leave of absence due to illness shall be made and may be granted by the City Administrator for a period not to exceed one (1) year. The City of Cumberland’s FMLA policy in place May 1, 2007 will be incorporated by reference to this section.
Section 5: Sick leave accumulated by employees on the date of this Agreement shall be credited to their personnel records.
Section 6: In order to receive sick leave, an employee must notify his immediate supervisor or designated person in charge one hour or more before Roll Call, except in the case of accident or sudden illness, in order that a replacement can be obtained if such is deemed necessary by the Supervisor.
Section 7: All full-time, permanent employees who have a balance of at least seventy-five (75) days shall be entitled to a bonus for unused sick leave for a maximum of up to five (5) days if no sick leave has been used within the year in question. For each day of sick leave used up to five days a corresponding reduction in the days available for bonus shall take place. Those days for which pay is received under this section shall also be deducted from the accumulated sick leave account of the employee. The employee shall by April 30th of each year elect, in writing, whether they wish to elect to receive said bonus for the upcoming fiscal year. Sick leave balances shall be based on the employees’ available balance as of the January 1st of the fiscal year.
Section 8: In addition, employees shall be entitled to receive payment up to but not exceeding eighty-six (86) days of unused sick leave accumulated to his credit at the time of retirement from city employment with the Employer.
Section 9: The Union agrees that an employee on sick leave and/or workers compensation leave shall not be entitled to receive court time compensation.
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Article XI Other Leave
Section 1: All City employees shall be entitled to leave because of death in the family, with pay, beginning with the first day of permanent employment. There shall be no accumulation of such leave. Five (5) working days shall be granted in the death of a parent, spouse, child, stepchild or stepparent of the employee. Three (3) working days shall be granted in the death of a brother, sister, mother-in-law, father-in-law, grandparent, half brothers and half sisters, and stepbrothers and stepsisters. One (1) working day for attendance at the funeral of a grandparent, brother or sister of the employee’s current legal spouse and that this provision shall also apply if the spouse is deceased and the employee is not remarried. Said days shall be taken at time of death and funeral services or when funeral services are conducted beyond the usual normal time following death.
Section 2: In addition, the City employee shall be entitled to leave in the event of an unexpected emergency arising with his immediate household, which said leave shall not exceed five (5) days in any one fiscal year, and when taken, shall be charged to the employee's vacation for that fiscal year. If vacation is exhausted, such leave may be charged to sick leave.
Section 3:
(a) Union stewards shall be granted reasonable time off during work hours to investigate and settle grievances, and conduct other official Union business.
(b) Union stewards shall be granted five (5) days per year to attend Union training.
(c) The Union will notify the Chief or designee in writing at least three (3) days in advance of the meetings.
Section 4: With approval of the shift supervisor, each employee may be permitted leave with pay for any days on which he is able to procure another employee to work in his place, provided:
(a) Such substitute is in the same classification as the employee he is replacing;
(b) The officer in charge of the shift, or officer in charge, is notified not less than one (1) day prior to the substitution becoming effective, except in the case of emergency, when notification may be made by phone;
(c) Neither the City of Cumberland Police Department nor the Employer is held responsible for the enforcement of any agreement made between employees, nor shall the City of Cumberland Police Department nor the Employer incur any additional cost as a result thereof;
(d) Subsection (a) may be waived provided the efficiency of the Police Department is not impaired and provided the officer in charge agrees to substitution.
Section 5:
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(a) In the event an employee sustains an injury during the performance of police duties while in the employ of the Employer, he shall receive his regular rate during the period of temporary total disability, not to exceed one (1) year. The Employer reserves the right to void this Section in the event a Wage Continuation Insurance Program is instituted. Further, the Employer shall be responsible to pay the employee only the amount necessary to equal 100% of the employee’s net and/or take home pay. Pay shall be calculated by taking the employee’s base hourly rate time 80 hours, less applicable taxes.
(b) The Employer will pay up to One Hundred and Fifty Dollars ($150.00) for eyeglasses, which shall include contact lenses, for an employee if glasses are needed in the performance of duties. The employee pays the cost of the eye examination. The employee shall be eligible for this benefit no more frequently than once per fiscal year, subject to the below stipulation. If in the course of performing his duties, an employee's glasses are broken or damaged, the employee shall immediately report this fact to his supervisor. All claims shall be investigated thoroughly by the supervisor before claim is approved for payment. If approved for payment, the employee will be eligible for repair/replacement of glasses in an amount not to exceed One Hundred and Fifty Dollars ($150.00). In the event the employee is eligible for or receives reimbursement from the party causing damage, any money so received will be refunded to the Employer up to the amount specified herein.
Section 6: Recognizing it is the obligation of every citizen to serve as a juror when called upon to do so, an employee called for Jury Service or subpoenaed as a witness will be granted leave with pay.
Article XII Military Training Leave
Section 1: "Armed Forces" are defined to include the Army, Navy, Marine Corps, Air Force, and Coast Guard. "Reserve Components” are defined to include the federally recognized National Guard and Air National Guard of the United States, the Officer Reserve Corps, the Regular Army Reserve, the Air Force Reserve, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve and the Coast Guard Reserve.
Section 2: Any employee who is a member of the National Guard, or of any Reserve Component of the Armed Forces of the United States, will be entitled to a leave of absence of fifteen (15) days without loss of time or annual leave, during which he is engaged in the performance of official duty as a result of being federalized, or while on annual training duty in this State, or in the United States, under competent orders. While on such leave, he shall be paid his regular gross salary less the amount received from the federal and/or state for his/her training.
Section 3: A reasonable effort shall be made by the Chief of Police to alter the regularly scheduled work week of an employee who must report for reserve duty one weekend per month but who is regularly scheduled to work on weekends.
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Article XIII
Military Service
Section 1: It shall be the policy of the Employer to guarantee seniority to its permanent employees, who volunteer or are called to active military service during a National emergency, a position upon their return to civilian life equal to the one they left, provided the employee makes application within ninety (90) days after being released under honorable conditions for such military service. Permanent employees who volunteer or are called for active military service shall be paid at the date they leave department employ for all accrued vacation to their credit at that date.
Article XIV Leaves of Absence
Section 1: Any employee may, upon application in writing, be granted a leave of absence, without pay, and not to exceed one (1) year, for the reason of personal illness, illness in the immediate family, disability, or for the purpose of furthering employee's education or training.
Section 2: Seniority shall accumulate during all leaves of absence granted under the provisions of this Agreement. Employees shall be returned to the position they held at the time the leave of absence was requested.
Article XVI Overtime
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Section 1: When any employee works in excess of his regularly assigned work week or work schedule, he shall have the option of being paid at the rate of time and one-half (1½) for such overtime worked, in addition to any other benefits to which he may be entitled; or he may elect to take compensatory time for overtime worked at the rate of one and one-half (1½) hours for each hour of overtime worked.
Section 2: All overtime worked (call outs and holdovers) shall be rotated among the officers of the department, based upon procedures agreed to by an agent, and the Union. Management shall maintain the roster and be responsible for the overtime designation and rotation. Nothing herein shall prevent the department from making an assignment of overtime in an emergency situation requiring a response in recognition of those responsibilities to protect the public safety. This section may be modified by the parties to this agreement based on the work of the Shift Committee as created in Article XXXIV of this agreement.
Section 3: Double-time shall be paid if an employee is required to work more than sixteen (16) consecutive hours.
Section 4: Off-duty Corporals and Sergeants required to attend special meetings or supervisory meetings by the Chief of Police will receive compensation time at the rate of time and one-half (1½) for the length of the meeting.
Article XVII Court Time
Section 1:
(a) Off duty officers will be compensated for summoned appearances in District, Circuit and Juvenile Court in the amount of three (3) hours at the rate of time and a half (1½) for both morning and afternoon appearances. Only one (1) morning and one (1) afternoon court compensation is possible. Bargaining Unit Members will be compensated at time and a half (1 ½) for each hour in court after the initial three (3) hours. Effective July 1, 2008, off duty officers will be compensated for summoned appearances in District, Circuit and Juvenile Court in the amount of two (2) hours at the rate of time and a half (1 ½ ) for both morning and afternoon appearances. Bargaining Unit Members will be compensated at time and a half (1 ½) for each hour in court after the initial two (2) hours.
(b) The officer shall have the option of taking compensation time in lieu of court pay. Compensation time accumulated from court time must be used within the quarterly period it was earned.
(c) Any time a police officer is summonsed to any Court, for either a criminal or civil proceeding, outside the confines of Allegany County, for any action he took while in the performance of his duties for the Employer, the following procedure shall apply:
1. The officer, with approval of the Chief of Police, may have such Court appearance constitute his regular shift or portion thereof for the particular day or days.
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2. In the event said Court appearance is not counted as a regular shift or portion thereof, the officer shall be eligible for regular time payment or regular time off, to include reasonable travel time to the Court site, subject to the approval of the Chief of Police.
3. To the extent available and possible, travel to such Court appearance will be in a City vehicle, unless the Chief of Police approves use of a personal vehicle. In the event a personal vehicle is used, any payment received for travel from the applicable Court will be offset against any mileage reimbursement claimed under the provisions of this Agreement.
Article XVIII
Bulletin Boards
Section 1: The Employer agrees to provide reasonable bulletin board space where notices of official Union matters may be posted by the Union.
Article XIX Health and Welfare
Section 1:
(a) All members of the bargaining unit shall enjoy equal opportunity to participate in Blue Cross/Blue Shield Insurance, or any insurance benefit at least equal to those presently realized, as negotiated or given to other employee bargaining units of the Employer. The members of the bargaining unit will not suffer a reduction in any insurance benefit in the event that reduction takes place in another bargaining unit. Insurance carriers, doctors and any insurance matters shall not be changed during the terms of this Agreement unless negotiated changes are agreed upon by management and the Union, except where such changes are mandated as a result of the imposition of law or regulation or such coverage is made no longer available from the insurance carrier due to action of the carrier.
(b) Premium for such coverage will continue to be paid for a period not to exceed six (6) months during leaves of absence without pay, granted for personal illness. All employees with two (2) or more years of continuous employment shall receive paid hospital and medical insurance premium coverage for twelve (12) months during leaves of absence without pay, granted for personal illness.
Section 2: All employees are entitled to Medical and Hospital Insurance coverage with premiums paid by the Employer based on the table below. The employee may choose from the following categories (inclusive but not limited to): Individual, Parent/Child, Husband & Wife, and Family.
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Section 3: The Employer further agrees to provide life insurance in the amount of not less than Ten Thousand Dollars ($10,000) for each employee.
Section 4:
Insurance Premiums
HIGH OPTION City Percentage Employee Percentage Individual 80% 20% 2 Party 80% 20% Family 80% 20%
LOW OPTION City Percentage Employee Percentage Individual 90% 10% 2 Party 90% 10% Family 90% 10%
The Employer further agrees to provide prescription drug program coverage for the employee either full- time or retired under the age of Medicare eligibility, and his/her immediate family. The Prescription drug program coverage shall include a generic Ten Dollar ($10.00)/ Twenty Dollar ($20.00) Formulary/and Thirty-Five Dollar ($35.00) non-formulary drug plan.
Section 5: Where a retired employee whose premium is paid by the Employer, and who has been providing at this expense, coverage for his spouse, dies, the spouse may continue on the Employer’s Group Hospitalization Insurance Program at his/her expense until the spouse’s 65th birthday. The intent of this provision is to allow for insurance coverage for the spouse in the event of the death of the employee prior to eligibility for Medicare coverage. Any subsequent changes in Medicare eligibility dates (i.e. an increase or decrease in the eligibility age) shall amend the maximum age for the insurance continuation set forth above.
Section 6: The Employer and the Union agree to participate in a “Health Coalition” with the other collective bargaining units to study plan design, utilization trends, quality control, measures, disease management and any other cost containment measures in an effort to enhance benefits and/or reduce the overall cost of health insurance to the Employer and its participating employees. Any savings realized as a result of the Health Coalition will go towards funding this Agreement and any other bargaining unit labor cost initiatives the parties mutually agree to.
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Article XX
Visitation
Section 1: Officers or accredited representative of the Union shall, upon request by the Union, be admitted to the property of the Employer during working hours, at a mutually agreed upon time, for the purpose of ascertaining whether or not this Agreement is being observed by the parties, or for assisting in the adjusting of grievances. As a matter of courtesy, each Union representative shall notify the Chief of Police of visitations. The Employer agrees that during working hours, on the Employer's premises, and without loss of pay, Union representatives shall be allowed to:
(a) Post Union notices.
(b) Attend negotiating meetings.
(c) Transmit communications authorized by the local Union or its offices to the Employer or its representatives.
(d) Consult with the Chief of Police or his representative, local Union officers or other Union representatives concerning the enforcement of any provisions of this Agreement.
Article XXI Working Conditions
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Section 1: If any employee is required to wear uniform, protective clothing, or any type of protective device as a condition of employment, such uniform, protective clothing, or protective device shall be furnished without cost to the employee by the Employer.
Section 2: The Employer shall furnish equipment, clothing, shoes, and supplies for the protection of the employee in the exercise of his duties under the most hazardous conditions. Such equipment, clothing, shoes, and supplies shall be the best quality for the job as determined by the Chief of Police after consultation with the suppliers of these items. There shall be at least three (3) styles of shoes available.
Section 3:
(a) The Employer shall be responsible for having all required patches, chevrons, service stripes, etc., attached to uniforms.
(b) The Employer shall provide for repair of shoes when feasible.
Section 4: The Employer shall provide free parking for employee while he is working his assigned shift and also when the employee is on official Employer business, on the City lot adjacent to the Public Safety Building.
Section 5:
The Employer will provide no less than fifteen (15) days notice of work rule changes for an opportunity for the Union to comment prior to implementation. For the purposes of this section a work rule shall be defined as an action affecting all of a shift or shifts’ employees.
Should the parties not agree and the proposed change impacts wages, hours or other working conditions of bargaining unit members, the Union may file a grievance in accordance with this Agreement.
Article XXII Salary and Wages Rates
Section 1: If any future hires that are brought in above the entry level step on the wage scale because of prior experience, all current bargaining unit members salaries shall be reviewed and adjusted if necessary to prevent wage compression.
Section 2: The Employer will pay all employees biweekly.
Section 3: For the purpose of this Agreement, the attached pay plans, which will be incorporated in the Pay and Classification Ordinance, shall prevail. The implementation of a wage scale for the Police Department will resolve the outstanding wage compression grievance.
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Section 4: Workers who are regularly scheduled to work the 3-11 or the 11-7 shifts shall be paid on the following schedule:
Shift Differential Pay
Shift FY 2008 FY 2009 FY 2010 3-11 $ .60 $ .65 $ .70 11-7 $ .90 $ .95 $ 1.00
When an employee who is assigned to the “3-11” or “11-7” shift is on paid leave, he will not receive shift differential pay.
Article XXIII Travel Allowance
Section 1: Employees shall be reimbursed for use of their personal automobile at the current rate established by the Internal Revenue Service.
Section 2: Bargaining unit members shall be reimbursed according to the City of Cumberland’s Travel and Expense Reimbursement Policy in effect May 1, 2007.
Article XXIV Training Time
Section 1: The Employer and Union mutually agree to the following terms and conditions regarding compensation for training time:
a) Required firearms training shall be scheduled and completed during the officer’s regular shift.
Section 2: The Employer, upon pre-approval by the Chief of Police or his designee, hereby agrees that it shall reimburse any employee completing a course or seminar, the fee charged for the course or seminar, upon presentment by the employee to the Employer, of a certificate or suitable document verifying or confirming the completion of said course or seminar.
Section 3: An employee who wishes to attend a course or seminar which he deems to meet the criteria above shall have the right to seek an opinion from the Employer in advance of is attendance as to whether or not that particular course or seminar would be eligible for reimbursement. The denial of such a course is subject to the grievance procedure of this Agreement.
Section 4: Employees, who are attending a course or seminar that is being reimbursed by the Employer, shall be granted administrative leave to attend the course or seminar. The work day for a bargaining unit member attending mandatory training shall commence when the employee leaves the Cumberland City limits and will end when the employee returns to the Cumberland City limits.
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Article XXV Termination, Change or Amendment
Section 1: This Agreement shall be effective July 1, 2007 and remain in full force and effect until June 30, 2010 for all provisions of this Agreement. It shall be automatically renewed from year-to-year thereafter, unless either party shall give the other party written notice of desire to terminate, modify or amend this Agreement. Such notice shall be given the other party, in writing, not less than one hundred twenty (120) days prior to July 1, 2010.
Article XXVI Retirement
Employees shall be transferred into the Pension System for the Law Enforcement Officers of the State of Maryland (LEOPS). The Employer and the Union agree to reopen negotiations for participation based on the following time schedule:
1. Employer authorizes actuarial study – October 31, 2007; 2. Employer and Union reopen negotiations – January 1, 2008 or earlier if mutually agreed upon by the parties; 3. Employer approves withdrawal and creation of new plan (tentative) – March 1, 2008; and 4. Employee applications due to State – May 15, 2008.
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If negotiations are completed and participation is elected by the Employer, the Union members will be responsible for an employee required contribution to LEOPS. The parties shall negotiate over and agree to specific language that meets all of the statutory criteria and funding requirements to make this transition effective no later than July 1, 2008.
Article XXVII Management Responsibility
Section 1: It is recognized that the management of the Employer, the control of its properties, and the maintenance of order and efficiency is solely a responsibility of the Employer. Accordingly, the Employer retains the right, including, but not limited thereto, to select and direct the working forces; the right to hire, suspend or discharge for just cause; assign, promote, or transfer; to determine the amount of overtime to be worked; to relieve employees from duty because of lack of work or other legitimate reasons; decide the number and location of its facilities, stations, etc.; determine the work to be performed within the unit; maintenance and repair; amount of supervision necessary; machinery and tool equipment; methods, schedules of work, together with the sections, procurement, designing, engineering, and the control of equipment and materials; purchase services of others, contract or otherwise, except as they may be otherwise specifically limited in this Agreement; and to make reasonable and binding rules which shall not be inconsistent with this Agreement in accordance with established rules and regulations.
Article XXVIII Entirety and Modification Clause
Section 1: The Employer and the Union agree that the terms and provisions herein contained constitute the entire Agreement between the parties and supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto with respect to the subject matter herein. The Employer and the Union agree that all negotiable items have been discussed during the negotiations leading to this Agreement, and therefore agree that negotiations will not be reopened on any item during the term of this Agreement except by mutual consent.
Article XXIX Invalidation
Section 1: Should any Article, Section, or portion thereof, of this Agreement to be held unlawful and unenforceable by any Court of competent jurisdiction, such decision of the court shall apply only to the specified Article, Section, or portion thereof, directly specified in the decision; provided, however, that upon such a decision, the parties agree, as soon as practical, to negotiate a substitute for the invalidated Article, Section or portion thereof.
Article XXX Maintenance of Standards
All members of the bargaining unit retain all like benefits and conditions previously in effect between the parties, except to the extent said benefits or conditions are modified by the terms of this Agreement.
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Article XXXI Clothing Allowance
Section 1: When a bargaining unit member is assigned to a unit that requires him to wear of plain clothes, he/she shall be paid a $325 clothing stipend in January and July (a total of $650.00 annually).
Article XXXII Labor Management Relations Committee (LMRC)
Section 1: A departmental Labor Management Relations Committee (LMRC) is hereby established in order to foster cooperative labor relations between the Employer and the Union and to attempt to resolve matters that affect bargaining unit employees.
The LMRC shall meet on a quarterly basis to discuss workplace issues of concern to the Employer and the Union that cannot otherwise be resolved at a lower level. The Employer and the Union shall exchange proposed agenda items two (2) weeks in advance of each meeting. The Employer and the Union shall each have the right to appoint no more than three (3) persons to serve on the committee.
Article XXXIII Safety and Health
In the event a bargaining unit member believes they are experiencing a workplace safety issue, he shall immediately report the safety issue to the attention of his immediate supervisor. Supervisors are to do everything reasonably necessary to eliminate the identified hazard. If the Union believes that the hazard has not been eliminated with reasonable promptness, or that the supervisor has not taken reasonable steps to eliminate the hazard, the Union shall notify the Chief of Police who shall conduct an investigation and report his findings to the Union and the City Administrator. If the matter is not resolved at the Chief of Police level, the Union may file a grievance in accordance with the terms of this Agreement.
Article XXXIV Shift Committee
A joint labor management committee shall be established to explore possible shift alternatives from the current eight (8) hours shifts, five (5) days a week, with two (2) consecutively scheduled days off, including the possibility of rotating shifts and/or rotating days off. The Committee shall make recommendations to the Chief of Police and the Union by December 31, 2007. This date may be extended by the parties.
Article XXXV Promotions
Section 1: For an individual to be eligible to be promoted to the rank of Patrolman First Class (PFC), they must have two (2) years of satisfactory experience in the rank of Patrolman.
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Section 2: For an individual to be eligible to be promoted to the rank of Corporal, they must have two (2) years of experience in the rank of PFC.
Section 3: For an individual to be eligible to be promoted to the rank of Sergeant, they must have two (2) years of experience in the rank of Corporal.
Section 4: For an individual to be eligible to be promoted to the rank of Lieutenant, they must have four (4) years of experience in the rank of Sergeant.
Article XXXVI Probationary Period
Police Officer candidates shall serve a probationary period of eighteen (18) months once they achieve sworn status. If required, candidates will attend the first available academy upon being hired by the Employer.
Article XXXVII Acting Capacity
The Chief of Police may designate a sworn member of the Cumberland Police Department to perform the duties of an unoccupied position that is vacant due to promotion, reassignment, retirement, extended training or sick leave. Bargaining unit members, who are assigned to a higher classified job for a period of more than twenty consecutive (20) days, shall receive the rate of pay of the higher classified job retroactive to the first day of work at the higher level. The employee must make a formal request for acting pay compensation to the Chief of Police which will be endorsed and forwarded to the City Administrator for final approval. The Chief of Police may authorize the employee in the acting capacity to display the rank insignia on his/her uniform for that rank.
Article XXXVIII Rehire Policy
Sworn police employees that terminate employment with the Cumberland Police Department and leave in good standing may be reinstated if they make application within sixty (60) days of the separation of their employment as a City of Cumberland Police Department police officer. The Chief of Police, with the concurrence of the City Administrator may permit the sworn member to be reinstated at the rank and pay grade held at the date of separation if the position has not been filled. Generally, sworn employees returning within sixty (60) days of separation will not require additional training but an employment investigation will be conducted to cover the period of separation. An employee that separated from Cumberland Police Department will only be considered for rehire at the same rank and pay grade one (1) time in their career with the Cumberland Police Department. Following the sixty (60) days of the date of separation, an employee that separated from the Department may be considered for rehire to any vacant position which he is qualified to fill, provided he maintained his certification as a police officer.
Article XXXIX 504
Lateral Entry
Persons hired as a Patrolman to the Cumberland City Police Department will be eligible for a maximum of five (5) years of prior service for purposes of placement on the wage scale. Prior service credit must be from an MPCTC certified law enforcement agency or someone who must complete a Comparative Compliance course. If the employee must complete a full academy, they are not eligible. Nothing in this Article prohibits the City from offering advances in vacation time to prospective employees of the Police Department.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 5th day of December, 2007.
MAYOR AND CITY COUNCIL OF CUMBERLAND
______Lee N. Fiedler, Mayor
ATTEST:
______Sharon S. Clark, City Clerk
UFCW LOCAL 1994
______Gino Renne, President
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12.04.01.00
Chapter 2 Title 12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 04 POLICE TRAINING COMMISSION
Chapter 01 General Regulations
Authority: Public Safety Article, §3-208(a); Correctional Services Article, §2-109; Annotated Code of Maryland
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12.04.01.01
.01 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Application for certification (AFC)" means an application for certification form that is an official record verifying that an applicant has met the applicable selection standards for a police officer.
(2) Agency Head.
(a) "Agency head" means:
(i) A police chief, sheriff, administrator, department head, an individual in an equivalent position, or designee; or
(ii) An agency head or designee appointed, employed, or elected to manage, administer, or supervise a law enforcement unit.
(b) "Agency head" includes a director of an academy, personnel unit, or training unit, or designee authorized to act in employment or training matters.
(3) "Certification" means the legal authority under Public Safety Article, §3-209, Annotated Code of Maryland, that authorizes an individual to serve as a police officer to exercise law enforcement powers enforcing the general criminal laws of Maryland.
(4) "Commission" means the Police Training Commission or an employee authorized to act in its behalf.
(5) Controlled Dangerous Substance.
(a) "Controlled dangerous substance" has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.
(b) "Controlled dangerous substance" includes substances identified under Criminal Law Article, §5-708, Annotated Code of Maryland.
(c) "Controlled dangerous substance" does not include medication supported by prescription if used, received, or distributed without criminal intent and for legitimate medical purposes.
(6) "Deputy Director" means the Deputy Director of the Police and Correctional Training Commission, or a designee.
(7) "Derogatory information" means negative information developed from a background investigation or reported to a law enforcement unit that may adversely affect an individual's ability to perform the duties of a police officer.
(8) "Executive Director" means the Executive Director of the Police and Correctional Training Commission, or a designee.
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(9) "First-line administrator" means a police officer promoted to a position, designated by the agency, exercising first-line administrative powers under Public Safety Article, §3-215, Annotated Code of Maryland.
(10) "First-line supervisor" means a police officer promoted to a position, designated by the agency, exercising first-line supervisory powers under Public Safety Article, §3-215, Annotated Code of Maryland.
(11) Law Enforcement Unit.
(a) "Law enforcement unit" means a governmental police force, sheriff's department, security force, or a law enforcement agency of a state, county, or municipality, under Public Safety Article, §3-201(d), Annotated Code of Maryland, which by statute, ordinance, or common law has the authority to employ police officers to enforce the general criminal laws of Maryland.
(b) "Law enforcement unit" includes a training or personnel unit authorized to act in training or employment matters.
(12) "Marijuana" has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.
(13) "Narcotic drug" has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.
(14) "Nonofficer status" means a situation in which a police officer, who continues to be employed by a law enforcement unit, is temporarily relieved of law enforcement powers by a law enforcement unit:
(a) For medical or administrative reasons that prevent the officer from completing mandated training;
(b) For the purpose of suspending the training requirements mandated by the Commission; and
(c) Without affecting the officer's certification or eligibility for certification.
(15) Police Officer.
(a) "Police officer" has the meaning stated in Public Safety Article, §3-201(e), Annotated Code of Maryland.
(b) "Police officer" includes:
(i) An individual employed by a public police agency and authorized under Criminal Procedure Article, §2-102, Annotated Code of Maryland, to exercise police powers;
(ii) A deputy sheriff whose usual duties include the authority to enforce the general criminal laws of Maryland and who has the powers of a police officer under Criminal Procedure Article, §2-102, Annotated Code of Maryland; and
(iii) A special police officer whose authority is established in Public Safety Article, Title 3, Subtitle 3, Annotated Code of Maryland, and who is employed by a public law enforcement unit.
(16) Probationary Period.
(a) "Probationary period" means a period of a maximum of 365 days under Public Safety Article, §3-215, Annotated Code of Maryland:
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(i) During which a police officer with a provisional certification, or a police supervisor or administrator promoted to a first-line supervisor or administrator position may perform their duties while obtaining the training specified in this chapter; and
(ii) Which ends the earlier of 365 days or upon completion of mandated training.
(b) "Probationary period' does not relate to or restrict a probationary period that may be imposed by the hiring agency.
(17) "Provisional certification" means the probationary appointment of an individual as a police officer under Public Safety Article, §3-215, Annotated Code of Maryland:
(a) Who has met all applicable selection standards specified in this chapter;
(b) To allow the individual to obtain the applicable training prescribed by the Commission; and
(c) With the certification ending the earlier of:
(i) 365 days, or
(ii) Upon satisfactory completion of mandated entrance-level training.
(18) "Temporary certification" means a time-limited provisional certification authorized by the Commission for a previously certified applicant for recertification when that individual:
(a) Is employed by another law enforcement unit within 90 days of separation in good standing from the previous one; and
(b) Meets applicable Commission standards.
(19) "Truth verification device" means electronic equipment or technology designed and validated to test the veracity of an individual's statements or answers to questions by analyzing the physical reaction of the individual providing the statement or answering questions.
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12.04.01.02
.02 Processing and Recording Employment Status.
A. Completion of Application for Certification (AFC).
(1) The law enforcement unit shall complete an AFC for a police officer hired by a law enforcement unit in the State when applying for provisional or permanent certification.
(2) The agency head is responsible for the completion and accuracy of information contained on the AFC and its submission to the Commission.
(3) The agency head shall sign the AFC to certify that selection standards have been met. In addition, the AFC shall include the date and phone number of the agency head.
(4) False or misrepresented information on the AFC is a basis for rejection or revocation of certification by the Commission and may be the basis for separate administrative or legal action.
B. Filing the AFC.
(1) The law enforcement unit shall forward the AFC to the Commission when there has been compliance with applicable selection standards under Regulation .04 or .08 of this chapter.
(2) The Commission shall issue a provisional certification or a regular certification for an individual after receipt of the properly completed AFC indicating the completion of applicable selection and training standards under this chapter.
(3) An individual may not legally exercise the authority of a police officer until the individual is issued a provisional or regular certification by the Commission.
C. Notification of Change of Employment or Certification Status.
(1) The law enforcement unit shall notify the Commission in writing whenever a police officer:
(a) Is separated from employment as a police officer, including death, retirement, dismissal, reclassification to a civilian position, or resignation;
(b) Changes the police officer's legal name;
(c) Is promoted to first-line supervisor;
(d) Is promoted to first-line administrator; or
(e) Is transferred to nonpolice officer status for more than 30 days when that status prevents the officer from meeting the Commission's training standards.
(2) The law enforcement unit shall report changes in official employment status under this section in a format prescribed by, or on a form supplied by, the Commission within 30 days of the change.
(3) The written notification includes: 510
(a) The individual's name and Social Security number;
(b) The date of the action;
(c) A statement indicating the change in status; and
(d) In the case of separation as a police officer, information on whether the officer was under criminal or administrative investigation, indictment, formal charges, suspension, or similar action at the time of the separation from employment or transfer to nonofficer status.
(4) Criminal Convictions.
(a) An agency head shall notify the Commission when an officer is convicted of a felony, or of a misdemeanor punishable by imprisonment for 1 year or more.
(b) This notification also pertains to an individual separated from employment before a conviction, if known, and shall include relevant facts related to the conviction.
(c) The law enforcement unit shall submit the notification information to the Commission within 10 days of the conviction on a form or in a format approved by the Commission.
(5) Notification under this section is to be completed regardless of criminal or administrative plea negotiation.
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12.04.01.03
.03 Provisional Certification.
A. An applicant for a position as a police officer may receive a provisional certification after meeting applicable selection standards under Regulation .04 of this chapter.
B. An individual may not exercise the authority of a police officer to enforce the general criminal laws of Maryland unless the individual has been given a provisional or regular certification by the Commission. In addition, an individual may not carry a firearm unless the appropriate firearms training program under Regulation .09H of this chapter and COMAR 12.04.02 has been completed successfully.
C. An individual with a provisional certification may not serve as a police officer beyond the 365-day probationary period.
D. Provisional certification is valid until:
(1) 365 cumulative days have elapsed from the initial date of provisional certification;
(2) It is determined that applicable selection standards have not been met;
(3) The officer is fully certified;
(4) The officer's employment is terminated; or
(5) It has been recalled under Public Safety Article, §3-213, Annotated Code of Maryland.
E. A new provisional certification under this regulation may be issued to an individual who was a formerly certified police officer who:
(1) Has not been employed as a police officer with a law enforcement unit for over 3 years; and
(2) Meets the applicable selection standards under Regulation .04 of this chapter.
F. Probationary Period.
(1) After meeting selection standards specified in this chapter and receiving provisional certification, the Commission shall grant a probationary period of up to 365 days to a police officer to perform law enforcement duties while awaiting the opportunity to obtain the applicable training under this chapter.
(2) The probationary period begins on the day that an officer receives provisional certification from the Commission.
(3) The 365-day period is cumulative and may not be increased by multiple employments at different law enforcement units or periodic employment with the same law enforcement unit.
(4) If the officer transfers as a new employee from one law enforcement agency to another before successfully completing the required entrance-level training, the probationary period continues from the date of the first provisional appointment, minus any time not employed as a police officer for a law enforcement unit.
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12.04.01.04
.04 Selection Standards for Provisional Certification.
A. Age. An applicant:
(1) Shall be 21 years old or older at the time of certification; and
(2) May attend an academy while younger than 21 years old but may not perform law enforcement duties until the applicant is 21 years old and certified.
B. Citizenship. An applicant shall:
(1) Be a United States citizen; and
(2) Submit documents supporting a claim of citizenship to the hiring agency for examination and retention.
C. Education.
(1) An applicant for the position of police officer shall possess a:
(a) High school diploma issued by a high school or recognized by the State Board of Education; or
(b) General Education Development (GED) certificate or diploma:
(i) Issued by Maryland or another state, or
(ii) Recognized by the State Board of Education.
(2) A college degree may be accepted in place of the high school diploma.
(3) In the absence of a copy of a diploma, a certified transcript indicating that an applicant successfully completed the requirements for graduation from a high school or college may be accepted.
(4) The copy of the appropriate diploma or other acceptable documentation shall be maintained by the agency.
(5) If a GED test was taken outside Maryland or while in the military service, and no certificate or diploma has been issued by a state, the applicant shall submit a copy of the GED test scores to the Commission. The test results may be accepted by the Commission if they are consistent with the requirements established by the State Board of Education.
(6) The hiring agency shall indicate the appropriate information on the AFC.
D. Background and Criminal History Investigations.
(1) A law enforcement unit shall perform a background investigation and criminal history investigation, including a fingerprint check, under Regulation .05 of this chapter.
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(2) As part of the background investigation, the law enforcement unit shall investigate for the prior use of controlled dangerous substances by an applicant as specified under Regulation .19 of this chapter.
E. Physical and Mental Health Examinations.
(1) A licensed physician shall perform a physical examination to determine whether the applicant is physically fit for:
(a) The duties of a police officer as determined by the employing law enforcement unit; and
(b) Participation in the entrance-level training program in which the officer is enrolled.
(2) Mental Health Examination. A licensed mental health care professional shall perform an examination to determine whether a candidate is emotionally and mentally fit for the duties of a police officer as determined by the law enforcement unit.
(3) Certification of Results.
(a) A physician and mental health care professional certifying the results of the examination shall be identified on the completed AFC by name and address, with the date of the examination indicated.
(b) The employing agency shall maintain documentation that the applicant is physically and psychologically fit for the duties of a police officer.
F. Oral Interview.
(1) The agency head or designated representative shall conduct an oral interview to assess the police officer's ability to communicate.
(2) The AFC shall include the identity of the interviewer and date of the interview.
(3) The law enforcement unit shall maintain a record of the interview.
G. Drug Screening.
(1) An applicant shall receive a drug screening to test for controlled dangerous substances as specified in Regulation .18 of this chapter.
(2) The hiring agency shall maintain a record of the drug screening results and report them to the Commission on the AFC.
(3) If the test results show that the levels under Regulation .18 of this chapter are exceeded, the applicant may not be certified, unless the positive screen for a controlled dangerous substance was determined to be the result of a legitimate ingestion or exposure.
H. Driver's License and History.
(1) The applicant shall possess a valid driver's license.
(2) The hiring agency shall: 514
(a) Perform a check of the applicant's driving record and maintain a copy of the results; and
(b) Use the AFC to report the driver's license number, the state of issue, and an indication that the record has been reviewed.
I. This regulation does not prohibit a law enforcement unit from establishing more restrictive standards.
J. A law enforcement unit may submit a request for a waiver of this regulation under Regulation .16 of this chapter.
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12.04.01.05
.05 Background and Criminal History Investigations.
A. Background Investigation.
(1) A law enforcement unit or authorized hiring agency shall perform a comprehensive background investigation to determine that an applicant:
(a) Is of good moral character and reputation;
(b) Is emotionally stable; and
(c) Displays the behavior necessary to perform the duties of a police officer.
(2) The background investigation includes:
(a) A check of military records, when applicable, including obtaining a complete copy of the discharge document;
(b) A report from a credit agency regarding the applicant's current and past credit history;
(c) An examination of school records or interviews with school officials if the applicant attended school within the last 5 years;
(d) Interviews of:
(i) Personal references furnished by the applicant,
(ii) Neighbors of the applicant within the past 5 years,
(iii) Current and past employers within the last 5 years, and
(iv) Coworkers within the last 5 years;
(e) An investigation of the prior use of controlled dangerous substances by the applicant as specified under Regulation .19 of this chapter.
(3) The background investigation is to determine whether an applicant is a loyal United States citizen and appears to be mentally, physically, and emotionally fit to perform law enforcement duties.
(4) Interviews may be conducted:
(a) In person;
(b) By telephone;
(c) By completion of an agency form and questionnaire by the interviewer or individual interviewed; and
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(d) By using other methods designed to elicit useful information from an individual to predict future job performance.
(5) The background investigation includes interviews conducted in person. Generally, these interviews are most appropriate for those interviewed who are located within 50 miles of the law enforcement unit.
(6) Personal references and others residing outside the State may be contacted by correspondence or telephone. When the applicant has resided or been employed out-of-State, the background investigation may be performed by an appropriate law enforcement unit or a legitimate private background investigation agency in that area.
(7) Investigations by Other Agencies.
(a) The law enforcement unit may conduct the background investigation or it may be performed by an individual, office, or agency authorized by the jurisdiction where the law enforcement unit is located.
(b) A Maryland State Police installation or local police agency may assist in the investigation when the unit is unable to complete the background investigation without assistance.
(c) Other local law enforcement units may be contacted for assistance in obtaining information from areas too distant to be easily contacted by the local law enforcement unit.
(8) If an applicant has received a special police commission, background information may be applied when the information meets the requirements of this regulation.
(9) The employing law enforcement unit shall maintain a record of the background investigation and report its results on the AFC.
(10) If derogatory information is developed, the law enforcement unit shall submit details with the AFC. The Commission may refuse to certify the applicant based upon derogatory information.
B. Criminal Record Checks and Fingerprints.
(1) The law enforcement unit shall fingerprint an applicant and submit these records to the appropriate local, State, and national agencies for a search of criminal justice files.
(2) A search may be performed through the National Criminal Information Center (NCIC) files instead of a local fingerprint check.
(3) The law enforcement unit shall maintain records with the results of a record check and report those results on the AFC.
(4) If the results of the NCIC check or the local, State, or national fingerprint check reveal that an applicant has been convicted of a felony, or a misdemeanor for which a sentence of imprisonment for 1 year or more could have been imposed, the law enforcement unit shall provide the Commission with available information concerning the conviction with the AFC form.
(5) The Commission may reject the certification of the applicant after it has reviewed the facts.
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12.04.01.06
.06 Police Officer Certification.
A. Certification Requirements.
(1) Initial Certification. The Commission shall certify an individual as a police officer who:
(a) Meets all selection standards under Regulation .04 of this chapter;
(b) Completes the applicable training under Regulation .09 of this chapter; and
(c) Completes a field training program under Regulation .21 of this chapter.
(2) Recertification. The Commission shall recertify an individual formerly certified as a police officer in Maryland who meets:
(a) Applicable training standards under Regulation .07 of this chapter; and
(b) Selection standards under Regulation .08 of this chapter.
B. The Commission shall certify an individual who meets the Commission's selection and training standards as a police officer for an initial period of up to 3 years. The initial certification period is determined by the officer's month of birth based on a schedule established by the Commission.
C. Renewal of Certification.
(1) The Commission shall automatically renew the certification of a police officer, without application, on or before the automatic expiration of the certification if the police officer:
(a) Remains employed with the law enforcement unit;
(b) Continues to meet the Commission's standards; and
(c) Has not had the certification suspended, revoked, or recalled by the Commission.
(2) Once the initial period of certification is established, subsequent renewal of a police officer's certification shall be based on a 3-year cycle beginning with the expiration of the initial period of certification under §B of this regulation.
(3) The agency head of a police officer whose certification is scheduled to expire due to failure to meet the Commission's training standards shall be notified by the Commission at least 30 days before the expiration of the certification.
(4) An agency head is responsible for ensuring that an officer whose certification is scheduled to expire is notified within a reasonable amount of time of the pending expiration of the certification.
(5) An agency head shall remove from law enforcement duties a police officer whose certification has expired.
D. Certification Card.
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(1) The Commission shall issue a certification card to an eligible police officer indicating that the officer is certified by the Commission. The certification card is to contain information and be in a form determined by the Commission.
(2) Possession of the certification card indicates the authority to enforce the general criminal laws of Maryland.
(3) The cost for replacement of a previously issued, current certification card is the responsibility of the law enforcement unit.
(4) A police officer shall carry the certification card at all times while the police officer is on duty status.
(5) A certification card issued by the Commission expires at midnight on the date printed on the card or upon termination of employment as a police officer.
E. Request for Certification Information.
(1) Before certification expires, the Commission shall require verification of the training records.
(2) An agency head shall comply with a request for information and return the necessary information to the Commission before the issuance of a certification card.
F. Return of Certification Card.
(1) An agency head shall return a certification card issued under this chapter to the Commission within 30 working days when a:
(a) Police officer is separated from employment; or
(b) Police officer's certification is suspended, revoked, or recalled by the Commission under this chapter or Public Safety Article, §3-212, Annotated Code of Maryland.
(2) The law enforcement unit shall retain the certification card of an officer on nonofficer status until the officer is returned to active duty or terminated from employment.
G. Multiple Certification.
(1) An individual may be employed by more than one law enforcement unit at the same time.
(2) For each law enforcement unit at which an individual is employed, the individual shall:
(a) Meet applicable selection and training standards for certification;
(b) Be certified at each law enforcement unit; and
(c) Be issued a certification card for each law enforcement unit.
(3) A law enforcement unit hiring a currently certified police officer may share some of the results of the background investigation performed by the initial employing law enforcement unit. However, the second or successive law enforcement unit shall perform new local, State, and national fingerprint checks and a new drug screening.
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(4) An officer shall meet applicable training standards as if employed at one law enforcement unit. The required training may be provided by one unit or both.
(5) The officer shall meet the firearms qualification and training requirements for the firearm authorized by each law enforcement unit.
(6) The Commission shall notify employing law enforcement units when it issues multiple certifications for a police officer.
H. An individual may be eligible for a waiver of certain entrance-level training requirements under Regulation .16C of this chapter if the individual:
(1) Was employed within the last 5 years as a police officer in another state or for the federal government and completed a basic police officer entrance-level training program; or
(2) Completed a basic police officer entrance-level training program within the last 2 years.
I. Temporary Certification.
(1) The Commission shall issue a temporary certification to an individual:
(a) Previously certified as a police officer in Maryland;
(b) Hired as a police officer by another law enforcement unit within 90 days of separation from employment with a law enforcement unit;
(c) Separated in good standing from employment with the previous law enforcement unit; and
(d) Who meets applicable:
(i) Selection standards under Regulation .08 of this chapter, except for completion of a national or State fingerprint check; and
(ii) Training standards under Regulation .07C(3) of this chapter.
(2) The temporary certification shall expire upon:
(a) Full certification by the Commission;
(b) Termination of employment;
(c) Discovery of a criminal conviction through the national or the State fingerprint check that disqualifies an individual from certification; or
(d) Passage of 90 days after the appointment date of the individual by the law enforcement unit.
(3) If it is determined by the Commission that the national or the State fingerprint check results have not been received by the law enforcement unit through no fault of the unit, a second temporary certification may be issued by the Commission for an individual for an additional 90 days at the same law enforcement unit. 520
12.04.01.07
.07 Police Officer Recertification.
A. The Commission shall recertify a police officer when:
(1) Hired by a second or successive law enforcement unit;
(2) A completed AFC is received by the Commission;
(3) The applicant meets applicable:
(a) Selection standards under Regulation .08 of this chapter, and
(b) Training standards under this regulation; and
(4) The application for recertification is approved by the Commission under applicable provisions of this chapter.
B. An applicant for recertification under this regulation who was not previously certified may be provisionally certified after meeting applicable selection standards under Regulation .08 of this chapter.
C. Recertification Within 3 Years of Separation.
(1) An individual previously certified as a police officer in Maryland separated in good standing from a law enforcement unit for less then 3 years is not required to meet the entrance-level training standards of the Commission for recertification as a police officer.
(2) An applicant for recertification shall meet the selection standards under Regulation .08 of this chapter and the training standards specified in this section.
(3) Temporary Certification. A previously certified applicant, separated in good standing from a law enforcement unit, meeting all of the selection standards under Regulation .08 of this chapter, except for the national or the State fingerprint check, employed by another law enforcement unit within 90 days of separation may receive a temporary certification as specified under Regulation .06H of this chapter.
(4) In-service Training Requirements Before Police Officer Recertification.
(a) If in-service training requirements for the previous or current calendar year have been met, additional in-service training is not necessary.
(b) If in-service training requirements for the previous or current calendar year have not been met, the individual shall successfully complete in-service training.
(5) Firearms Training—Requirements Before Police Officer Recertification.
(a) Regardless of firearms qualifications completed at a previous law enforcement unit, an applicant for recertification at a new law enforcement unit shall complete the appropriate firearms training and qualification under this section for each firearm authorized by the new law enforcement unit before the individual is authorized to carry the firearm.
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(b) An applicant for recertification who has qualified with a firearm in the last 3 calendar years shall complete a Commission-approved annual firearms training program before recertification as a police officer.
(c) If an applicant for recertification has not qualified with an authorized firearm for 3 or more consecutive calendar years immediately preceding application for recertification, before being authorized to carry or use a forearm the applicant shall complete a Commission-approved:
(i) Entrance-level firearms training course and firearms qualification under COMAR 12.04.02.06; or
(ii) Firearms refresher training course and firearms qualification under §C(5)(d) of this regulation.
(d) Firearms Refresher Training Course. A firearms refresher training course shall:
(i) Specific to the firearms or firearms the individual is required to use or carry;
(ii) Be a minimum of 16 hours;
(iii) Provide a minimum of 2 hours of classroom review of the topics required under COMAR 12.04.02.06 or .09 that may be counted towards the year's annual in-service requirement;
(iv) Require the individual to obtain a minimum score of 70 percent on a written examination of the material covered in the firearms refresher training course; and
(v) Require the individual to meet firearm qualification standards on the appropriate daylight and reduced light firearms qualification courses for each type of firearm established under COMAR 12.04.02
D. Police Officer Recertification after Separation for More than 3 Years and Not More Than 5 Years.
(1) An applicant previously certified as a police officer in Maryland separated in good standing from a law enforcement unit for more than 3 years and not more than 5 years, may be recertified as a police officer by a law enforcement unit after meeting applicable selection and training standards.
(2) The Commission shall grant provisional certification under Regulation .03 of this chapter after the applicant has met selection standards under Regulation .08 of this chapter.
(3) An applicant for recertification under §D of this regulation shall complete the following entrance-level training:
(a) The portions of the program under Regulation .16C of this chapter covering the Maryland Criminal Code, Motor Vehicle Code, and Juvenile Law and Procedures;
(b) Emergency medical care training program under Regulation .09 of this chapter;
(c) Entrance-level firearms training and qualification under COMAR 12.04.02; and
(d) Annual in-service training under Regulation .12 of this chapter.
E. Police Officer Recertification After Separation of More Than 5 Years.
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(1) An individual separated in good standing from a law enforcement unit for more than 5 years may be recertified after meeting selection and training standards under this section.
(2) The Commission shall grant provisional certification under Regulation .03 of this chapter to an individual after meeting selection standards under Regulation .04 of this chapter.
(3) An individual granted provisional certification may not perform as a police officer beyond the 365-day probationary period until completion of the entrance-level training under Regulation .09 of this chapter.
(4) An individual shall complete the entrance-level firearms training program and qualification under Regulation .09 of this chapter and COMAR 12.04.02 before being authorized to carry or being issued a firearm.
F. If a recertified police officer is appointed to a first-line supervisory or administrative level position and has not completed the respective approved first-line supervisor or administrator training program under Regulation .13 of this chapter, the police officer shall complete that training program within 1 year of recertification.
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12.04.01.08
.08 Selection Standards for Recertification.
A. A police officer who has previously received a provisional or permanent certification as a police officer may be recertified after meeting applicable standards specified in this regulation.
B. Requirements for Recertification.
(1) If an applicant is seeking recertification, the agency shall perform the following updates:
(a) Fingerprint checks at the local level or a check of the NCIC files;
(b) State and national fingerprint checks;
(c) A drug screening under Regulation .18 of this chapter;
(d) A check of the driving record, including verification that the applicant possesses a valid driving license;
(e) A check with the law enforcement unit the applicant is leaving to:
(i) Determine the reason for separation,
(ii) Assess past work performance, and
(iii) Ensure that the applicant's separation was in good standing; and
(f) An investigation for prior use of controlled dangerous substances by the applicant as specified under Regulation .19 of this chapter.
(2) If an applicant has not been employed as a police officer by a law enforcement unit within the last 90 days, the hiring agency shall conduct a modified background investigation to cover the period of absence. This investigation includes the following updates:
(a) Items identified in §B(1) of this regulation;
(b) A check with each employer of the applicant during the period of absence from law enforcement;
(c) A check with coworkers during the period of absence; and
(d) Interviews of personal references and neighbors.
C. The hiring agency shall maintain records to verify that selection standards have been met as required under Regulation .02 of this chapter.
D. The hiring agency or law enforcement unit shall complete the AFC to verify that applicable selection standards for reappointment have been met, and forward copies of criminal records and derogatory information discovered during the investigation to the Commission with the AFC form.
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E. Review of Previous Background Investigations.
(1) If a hiring agency does not conduct a full background investigation, it shall review the records of the background investigation of an applicant conducted by the previous law enforcement unit to ensure that a complete and accurate investigation was performed.
(2) The hiring agency is responsible for omissions or discrepancies by the previous agency if the prior investigation was conducted less than 5 years previously.
(3) If records of a previous background investigation are not available, the hiring agency shall conduct a full background investigation.
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12.04.01.09
.09 Minimum Standards for Entrance-Level Training for Police Officers.
A. General Requirements.
(1) A police officer shall attend an entrance-level training program approved by the Commission and successfully complete the program before certification.
(2) With the exception of firearms training and field training, the program is a minimum of 600 hours.
(3) The program shall include field training which occurs before certification.
B. The entrance-level program shall be approved by the Commission and include the mandated subject areas and minimum hours specified in this regulation.
C. Mandated Subject Areas. The entrance-level training program includes the following subject areas:
(1) Administrative duties;
(2) Constitutional and statutory law;
(3) Patrol;
(4) Traffic;
(5) Criminal investigation;
(6) Emergency medical care;
(7) Communications;
(8) Report writing and composition;
(9) Community relations;
(10) Crisis intervention;
(11) Protective strategies and tactics;
(12) Emergency vehicle operations; and
(13) Prisoner processing and security.
D. Performance Objectives.
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(1) Minimum performance objectives are composed and sanctioned by the Commission. These objectives are based on a Statewide job task analysis and address those tasks considered essential for law enforcement officers in Maryland, regardless of employer or assignment. The Commission shall furnish a copy of the performance objectives upon request.
(2) The performance objectives in this regulation are to be covered during training exactly as written.
(3) The academy providing the training shall determine the sequence, content, and duration of training required to cover the performance objectives.
(4) The mandated firearms entrance-level training program under COMAR 12.04.02 may be included as part of the entrance-level training program.
E. Successful Completion of an Approved Entrance-Level Training Program.
(1) An academy shall conduct testing which determines whether a trainee has learned or can perform each one of the performance objectives under this regulation. One or more objectives may be addressed by relevant single or multiple demonstrations or questions.
(2) A trainee shall achieve a minimal overall score of 70 percent in each subject area in §B of this regulation. An academy shall maintain accurate records of tests and testing procedures.
(3) At the conclusion of a training program, the academy director shall verify in writing to the Commission that a trainee has met the requirements under this regulation.
(4) Transfer of Academy Training.
(a) Credit for training received may be transferred from one certified academy to another at the discretion of the second academy.
(b) The academy submitting notification in writing to the Commission that the trainee has met the requirements under this regulation is responsible for verifying completion of all training objectives for that trainee.
(5) A trainee absent for more than 5 percent of the program may not receive a diploma unless the program director and the Deputy Director determine that sufficient work has been completed.
(6) A trainee shall meet the minimum qualification standard for certification in an emergency medical care program that has been approved by the Commission.
(7) A trainee shall meet an obligation or requirement established by an academy, even if it exceeds those established by the Commission.
F. Failure to Complete Entrance-Level Training.
(1) The academy director shall notify the trainee's agency whenever an individual fails to complete the program.
(2) Failure to achieve the minimum requirements under this regulation is sufficient grounds to withhold the diploma for law enforcement training.
G. Curriculum Changes. 527
(1) A law enforcement unit that serves a unique function in law enforcement may be granted an exemption from a portion of this regulation.
(2) The unit shall submit a request for an exemption and the appropriate documentation for Commission staff review under Regulation .16 of this chapter.
(3) An entrance-level training program may use a curriculum that includes more topics and covers more hours than the mandated minimum standards curriculum.
H. Entrance-Level Firearms Training.
(1) A police officer who is authorized for the use of a firearm shall successfully meet the performance objectives and standards of the entrance-level firearms training program under COMAR 12.04.02 before being issued or permitted to carry the firearm.
(2) The firearms training program may be taken as part of an entrance-level training program or taken separately.
I. An individual who has completed certified entrance-level training in another state or for the federal government may be eligible for an exemption from a portion of the mandated entrance-level training program upon meeting the requirements under Regulation .16C of this chapter.
J. Selection Standards for Academy Admission.
(1) An applicant for attendance at an entrance-level training program is required to meet qualification standards set by the academy.
(2) A physical examination by a licensed physician shall be obtained to determine whether the applicant is physically fit to participate in the academy training program.
(3) A law enforcement unit shall perform a check of the NCIC files before the applicant is admitted to the program.
(4) The applicant shall be provided a copy of the selection standards in Regulation .04 of this chapter and acknowledge in writing that completion of the training program is not a guarantee of certification as a police officer.
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12.04.01.10
.10 Approval of Academies and Schools Providing Mandated Training.
A. An atmosphere conducive to learning shall be provided by an entrance-level academy. The area shall be suitably lighted and ventilated and have acoustic qualities which are conducive to a proper learning atmosphere.
B. An academy shall meet applicable health, safety, and fire safety laws and regulations.
C. If practical, an academy shall provide:
(1) At least 25 square feet of classroom space per student;
(2) Adequate locker space for each student;
(3) Sufficient desks, tables, and chairs for each student to provide an adequate writing surface and place for learning materials; and
(4) Classroom furnishings and teaching equipment to provide flexible arrangements for individual and group instruction in the topic areas covered in the program.
D. An instructor conducting training in an entrance-level training program shall be certified by the Commission, unless the individual is exempt from instructor certification requirements under Regulation .15F of this chapter.
E. Entrance-Level Training Procedures.
(1) Approved entrance-level training shall be conducted according to the procedures in §E(2)—(5) of this regulation.
(2) An officer shall be excused from routine departmental or agency duties and receive regular salary while attending mandated training.
(3) Personal Conduct.
(a) The personal conduct of an officer while attending an approved school is the responsibility of the academy director.
(b) The academy director or designee shall function as the commanding officer for the class.
(c) A trainee shall receive a copy of the academy's regulations that govern the trainee's daily actions and deportment.
(d) The disciplinary regulations of the host police academy apply to each student attending that program.
(e) The academy director shall notify the trainee's department or agency head if there has been a breach of conduct that requires disciplinary action.
(f) If a trainee's progress in either academic or skill areas indicates the trainee will fail the program, the academy director shall notify the trainee's department or agency head. The failing trainee may be withdrawn from the program at any time before graduation.
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(4) Cost arrangements may be made between the administrator of an approved school and an individual, department, or agency sponsoring the individual attending the program.
(5) Authority of Academy Regulations.
(a) The Commission recognizes the necessity and authority of the training academy to establish rules and regulations of conduct.
(b) Rules and regulations set by the training academy may exceed the requirements under this regulation.
(c) A rule or regulation established by the host academy in writing or expressed verbally receives the same respect as a Commission regulation.
(d) An academy's requirements for conduct and successful completion may exceed those specified by the Commission.
F. Academy Certification Classifications.
(1) An academy meeting the standards under this regulation is certified as either a class I or a class II academy.
(2) A class I academy is certified to conduct approved entrance-level, instructor, supervisor, and administrator training.
(3) A class II academy is certified to conduct instructor, supervisor, and administrator training, and portions of the entrance-level training program under Regulation .16C of this chapter, but not a full entrance-level program.
(4) A listing of certified class I and II academies may be furnished by the Commission upon request.
(5) In-service and firearms programs may be conducted by an academy, agency, school, or other organization approved by the Commission.
G. The academy may include a firearms program which meets the minimum standards under COMAR 12.04.02.
H. Academy Certification Lapse or Revocation.
(1) Academy certification automatically lapses if an approved academy fails to sponsor or conduct an approved program for 2 years. The academy may reapply if the need to conduct training can be demonstrated.
(2) The Commission may revoke the certification of an approved academy if the academy:
(a) Discontinues presenting an approved program;
(b) Offers a mandated program without Commission-approved instructors;
(c) Training director does not successfully complete the training director orientation program under §J of this regulation; or
(d) Violates a provision of this regulation.
I. Academy Audit.
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(1) An approved entrance-level training program is subject to review and audit by the Commission.
(2) An approved police academy shall be audited at least every 2 years to ensure that it meets the minimum requirements specified in this chapter by the Commission.
J. Training Director Orientation. An individual appointed as a training director of a Commission-approved police academy, within 3 months of appointment, shall successfully complete a training director orientation program designed and approved by the Commission.
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12.04.01.11
.11 Voluntary Attendance at an Entrance-Level Training Program.
A. An individual may attend an approved entrance-level training program on a voluntary basis with the approval of an academy director or the agency head sponsoring the academy.
B. Selection Standards for Admission to Voluntary Training.
(1) An individual shall meet qualification standards set by the academy conducting the training program.
(2) The academy shall complete a check of the NCIC files.
(3) An individual or a sponsoring agency shall obtain a physical examination by a licensed physician to determine whether the individual is physically fit to participate in the academy training program.
(4) An individual may not be admitted unless the individual will be near 21 years old, or older, upon graduation from the program.
(5) The academy shall provide an individual with a copy of the selection standards specified in Regulation .04 of this chapter and have the individual acknowledge in writing that completion of the training program is not a guarantee of certification as a police officer.
C. If an individual successfully completes an approved entrance-level training program and is subsequently appointed to a law enforcement unit within 2 years of the completion of the training, the agency head may request a waiver of training under Regulation .16 of this chapter.
D. Mandated Personnel.
(1) Under Public Safety Article, §3-215(d), Annotated Code of Maryland, an individual employed as a police officer by a law enforcement unit is entitled to a leave of absence with pay to attend an entrance-level training program.
(2) An employee of a law enforcement unit who is mandated to meet the requirements of this chapter may not be enrolled in an entrance-level training program on a voluntary basis.
E. A request for an exemption from a provision of this regulation shall be completed under Regulation .16 of this chapter.
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12.04.01.12
.12 Annual In-Service Training and Firearms Qualification.
A. Annual In-Service Training Requirements.
(1) A law enforcement unit shall ensure that a certified police officer at or below the rank of first-line supervisor, as defined by the agency, completes a minimum of 18 hours of approved in-service training each calendar year.
(2) In-service training shall be approved by the Commission before it may be credited to the minimum training mandate under this regulation.
(3) Approved in-service training may be conducted by the police officer's law enforcement unit or another law enforcement unit, school, academy, or organization approved by the Commission.
(4) In-service training is not required for a certified police officer during the calendar year in which an entrance-level training program was completed. This includes completion of the portions of the entrance-level program under Regulation .16 of this chapter.
(5) Training in an approved supervisor, administrator, or instructor program may be used to satisfy the in-service mandate in the same calendar year that the program is completed.
(6) Beginning in the year 2004 and every third year thereafter, in-service training shall contain at least 1 hour of training addressing the care and handling of a victim of rape and other sex offenses, including sexual abuse of children.
B. Annual Firearms Qualification Requirements.
(1) A police officer shall qualify annually with each firearm authorized by the law enforcement unit for on-duty or off- duty use.
(2) Annual firearms qualification shall be conducted under COMAR 12.04.02.
(3) Annual firearms qualification is not required in the same year that an approved entrance-level firearms or firearms instructor program is completed.
(4) Before being authorized to carry or use a firearm, a police officer who has not qualified with an authorized firearm for 3 or more consecutive calendar years shall complete a Commission-approved:
(a) Entrance-level firearms training program and firearms qualification under COMAR 12.04.02; or
(b) Firearms refresher training course and firearms qualification under Regulation .07C(5) of this chapter.
C. In-Service Program Approval Requirements.
(1) The Commission shall:
(a) Determine the format for submitting training programs for approval; and
(b) Assign a program number to approved programs. 533
(2) The proposed in-service training curriculum shall include:
(a) The topics to be studied;
(b) The time allocated to each topic; and
(c) A brief explanation of why the topic is included in the curriculum, in terms of current job needs.
(3) An in-service program approval is effective for a maximum of 3 years, unless significant changes are made in format or content during that period.
(4) The law enforcement unit or training agency shall resubmit an in-service program for approval when:
(a) A significant change has been made in the format or content of the approved program; or
(b) 3 years have elapsed since the initial program approval, regardless of whether any changes have been made to the original approved program.
D. Curriculum, Attendance, and Testing for In-Service Training Programs.
(1) The agency head or designee shall report the successful completion of an approved in-service training program by police employees to the Commission on or before January 31 of the year immediately following the training.
(2) The training information shall be reported in a format determined by the Commission.
(3) Testing.
(a) A training agency shall administer a test and a trainee shall achieve a minimum score of 70 percent to receive credit.
(b) An alternate method of recording successful completion of the training may be used if approved by the Commission.
(4) An approved in-service training program shall have a method of evaluation.
(5) Unless approved by the deputy director or a designee, if a police officer is absent for more than 10 percent of an approved training program of 18 hours or longer, the police officer may not receive credit toward required in-service training for any portion of the approved training program attended.
E. Attendance At Programs Hosted by Other Agencies.
(1) A law enforcement unit may send an individual to an approved in-service program hosted by another agency without prior Commission approval.
(2) The law enforcement unit shall ensure that the training program has an approval number assigned by the Commission.
(3) The law enforcement unit is responsible for submission of training scores to the Commission.
F. Failure to Complete Required Training.
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(1) Except for §F(2) of this regulation, if a police officer does not receive the entire 18 hours of in-service training by December 31 in a calendar year, the agency shall add the number of hours missed in that calendar year to the 18 hours required in the following calendar year.
(2) If an officer is scheduled for certification renewal on July 1 of any year but did not receive the entire 18 hours of in- service training by December 31 of the previous calendar year, the agency shall:
(a) Provide the in-service training missed in the previous year before July 1 of the following year; and
(b) Provide the 18 hours of in-service training required for the following calendar year by December 31 of the same year.
(3) If a police officer does not successfully qualify with an authorized firearm before December 31 of a calendar year, the law enforcement unit shall remove the firearm until the officer successfully qualifies with that firearm. If the officer is scheduled for certification renewal, the officer shall qualify with the firearm before July 1 in the following year.
(4) Nonofficer Status.
(a) In-service Training. If a police officer fails to complete annual in-service training because the officer was on official nonofficer status, the officer shall complete the required annual in-service training in the year in which the officer returns to active duty.
(b) Firearms Training.
(i) If a police officer fails to complete annual firearms qualification because the officer was on official nonofficer status, but has completed annual firearms qualification within 3 years, the officer shall qualify with each authorized firearm when the officer returns to active duty before the officer may carry or use the firearm and, if the officer's certification has lapsed, be recertified by the Commission.
(ii) If a police officer returning to active duty as a police officer has not qualified with an authorized firearm within 3 consecutive calendar years immediately preceding return, the individual shall successfully complete a Commission- approved entrance-level firearms training program and qualification under COMAR 12.04.02, or a firearms refresher training course and firearms qualification under Regulation .07C(5) of this chapter before being issued or using a firearm and, if certification has lapsed, being recertified by the Commission.
(5) Except for an officer reported on nonofficer status, if a law enforcement unit fails to provide required training in 2 consecutive years or displays a pattern of not providing the required training over several years, the executive director or designee shall report the matter to the Commission for action the Commission deems appropriate.
(6) Failure to provide documentation of missed training on a timely basis may delay the renewal of certification.
G. Waivers.
(1) A request for a waiver of annual in-service or firearms training may be granted upon the submission of proof that an individual successfully completed comparable training in the same year.
(2) A request for a waiver shall be processed under Regulation .16 of this chapter.
H. Audit Requirements.
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(1) Approved annual in-service and firearms training is subject to review and audit by the Commission.
(2) Each law enforcement unit, academy, and school providing in-service training shall maintain documentation of the training, including:
(a) Curriculum;
(b) Listing of instructors;
(c) Attendance;
(d) Test and examination scores; and
(e) Other information required by this regulation.
(3) A law enforcement unit shall maintain records of training provided to a mandated employee at other agencies, schools, or academies until audited by the Commission.
(4) Annually, the Commission shall audit a portion of the approved law enforcement training programs not conducted at an academy to ensure compliance with this chapter.
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12.04.01.13
.13 Minimum Standards for the Training of First-Line Supervisory and Administrative Police Personnel.
A. General Requirements.
(1) A first-line supervisor or first-line administrator shall successfully complete an approved supervisor or administrator program of at least 35 hours within 1 year of the effective date of the respective promotion.
(2) An officer promoted to a position of first-line supervisor or above shall complete the supervisor program within 1 year following the promotion, unless an approved program was completed within the 2 years preceding the promotion.
(3) An officer promoted to a position of first-line administrator or above is required to complete the administrator program within 1 year of the promotion, unless an administrator training program was completed within the 2 years preceding the promotion.
(4) Completion of an additional supervisor training program is not required for promotion to another supervisor position that does not include administrative duties.
(5) An officer promoted directly to a first-line administrator position from a rank below the first-line supervisor level shall complete both a supervisor and an administrator training program within 1 year of the promotion.
B. Program Requirements for Approval.
(1) The curriculum shall be taught by instructors approved by the Commission.
(2) A participant in the program shall achieve a minimum score of 70 percent on an examination.
(3) A participant absent for more than 10 percent of the program may not be certified unless the program director and the Commission training coordinator determine that sufficient work has been completed.
(4) Rosters, required reports, and participant grades shall be submitted to the Commission by the training agency upon completion of the program.
(5) Upon request, the Commission shall furnish the course outline and training objectives.
(6) The training agency shall cover the training objectives as they are written.
(7) The training agency shall submit a program for approval at least 20 working days before the program start to allow time to review it. If an agency wishes to deviate from a previously approved outline, it shall submit a new written outline to the Commission for approval at least 20 working days before the start of the program.
C. Waivers.
(1) The requirements for successful completion of the supervisor training program may be waived upon submission of proof by a law enforcement unit of successful completion of a parallel curriculum taught by a recognized police training agency.
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(2) The supervisor training program shall cover the training objectives as written and be submitted to the Commission under this regulation.
(3) The following programs are generally acceptable substitutes for the mandated supervisor or administrator training programs if completed within 2 years preceding or 1 year following the promotion:
(a) The 9-month Northwestern Traffic Institute program;
(b) The 3-month Southern Police Institute program; and
(c) The FBI National Academy.
(4) The law enforcement unit shall submit a request for a waiver of training under Regulation .16 of this chapter.
D. Failure to Complete Mandated Training. If an individual has not successfully completed either an approved supervisor or administrator training program by the first anniversary date of a promotion to either a first-line supervisor or first-line administrator position, the agency head shall:
(1) Relieve the individual of the respective first-line supervisory or first-line administrative duties related to the position; and
(2) Inform the Commission in writing within 30 days of the action that the law enforcement unit has taken to relieve the individual of these duties.
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12.04.01.14
.14 Certification Procedures for Instructors.
A. Application for Initial Certification.
(1) An individual wishing to instruct in a program approved by the Commission may apply for certification as a general instructor, firearms instructor, or emergency vehicle operations instructor.
(2) An individual shall submit a separate completed instructor certification application for each type of certification requested.
(3) An applicant shall complete the appropriate sections of the application and sign it in the designated area.
(4) The application shall be signed by the agency head or director of training and forwarded to the Commission.
(5) The three types of police instructor certification are:
(a) General instructor;
(b) Firearms instructor; and
(c) Emergency vehicle operations instructor.
(6) An individual is certified to teach only those topic areas in which competency can be demonstrated. The determination of competency is the responsibility of the academy or agency in which the training is being conducted.
(7) An applicant shall be in compliance with Commission regulations.
B. Certification Renewal.
(1) The appropriate certification application shall be:
(a) Completed and signed by the applicant; and
(b) Signed by the agency head or director of training and submitted to the Commission.
(2) The applicant shall be in compliance with Commission regulations.
C. Certification Revocation.
(1) If the Commission staff believes that a certified instructor has falsified a Commission report form or roster or has otherwise misused the position of certified instructor, the agency head and the instructor shall be notified of the allegation in writing by the Deputy Director.
(2) The Deputy Director shall set a hearing date and time to permit the instructor to answer the allegation.
(3) After reviewing relevant information, the Deputy Director shall determine whether the allegation is supported by fact. 539
(4) If the allegation is supported by fact, the Deputy Director may temporarily suspend or permanently revoke the instructor certification.
(5) The Deputy Director shall provide the written findings of fact to the instructor and the agency head.
(6) The decision of the Deputy Director may be appealed to the Executive Director.
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12.04.01.15
.15 General Instructor Certification Standards.
A. An individual shall possess one of the instructor certifications under this regulation to teach in an approved police training program, unless the individual is exempted from instructor certification requirements under §F of this regulation.
B. Provisional Instructor Certification.
(1) The provisional instructor certification:
(a) Is designed for the individual who has little or no previous teaching experience;
(b) Is valid for a maximum of 1 year and may be renewed under exceptional circumstances;
(c) Does not authorize an individual to:
(i) Teach mandated firearms training,
(ii) Conduct annual firearms qualifications, or
(iii) Teach or conduct emergency vehicle operations training.
(2) Provisional instructor certification requirements include:
(a) A high school diploma, or a GED certificate or diploma recognized by the State Board of Education; and
(b) Compliance with Commission regulations.
C. Instructor Certification.
(1) Instructor certification:
(a) Is designed for an individual who has extensive training and experience in a particular subject area;
(b) Is valid for up to 4 years and may be renewed;
(c) Does not authorize an individual to:
(i) Teach mandated firearms training,
(ii) Conduct annual firearms qualifications, or
(iii) Teach or conduct emergency vehicle operations training; and
(d) May be obtained by the individual whenever the requirements of this section are completed.
(2) Instructor certification requirements include: 541
(a) A high school diploma, or GED certificate or diploma recognized by the State Board of Education;
(b) A minimum of 2 years of experience in the public safety community;
(c) Completion of the approved instructor training program under §D of this regulation; and
(d) At least two evaluations of the individual's teaching performance under §E of this regulation, during the period of certification as a provisional instructor.
D. Instructor Training Program.
(1) An academy, school, or agency may conduct an instructor program after meeting the following requirements:
(a) The program shall be approved by the Commission;
(b) Instructors who teach the program shall be certified by the Commission; and
(c) The curriculum used in the program shall:
(i) Be comparable to the program conducted by the Commission, and
(ii) Contain the subject matter identified in this section.
(2) An instructor program submitted for approval includes:
(a) An introduction to:
(i) The basic concepts of learning and teaching,
(ii) The role of training in the criminal justice profession, and
(iii) Classroom management techniques;
(b) Effective speech techniques;
(c) Preparation and use of audiovisual training aids;
(d) Development of training objectives;
(e) Development of lesson plans; and
(f) Laboratory experience in presentation of mock classroom lesson plans.
(3) A training agency shall submit an instructor training program for approval a minimum of 20 working days before the start of the training.
E. Instructor Evaluation.
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(1) An evaluation shall be completed by a fully certified instructor or designated subject matter expert in the expert's area of expertise. The evaluation is to be done on a form provided by the Commission.
(2) A period of evaluation is a minimum of 1 hour long.
(3) An agency which has a formalized program to evaluate provisional instructors that has been approved by the Deputy Director may be exempted from the requirements of this section.
(4) An unsatisfactory performance evaluation score or commentary may be grounds for denial of certification.
F. Exceptions to Certification Process.
(1) An instructor teaching an approved training program for 3 hours or less is exempt from the instructor certification requirements.
(2) With the approval of the Deputy Director, the following may be exempt from the instructor certification requirements:
(a) A member of the Bar, medical profession, or other similar profession currently licensed or certified by the State or a nationally recognized certifying body when teaching in the area in which the individual is certified;
(b) A community college, 4-year college, or university faculty member teaching in the area in which the faculty member is currently employed;
(c) A certified emergency medical care or advanced first aid instructor; and
(d) Other exemptions approved by the Deputy Director.
(3) An academy director or agency head may submit a written request for an exemption to the Deputy Director.
G. Waiver of Instructor Training.
(1) A written request for instructor certification may be submitted to the Deputy Director by an individual who has not completed the prescribed instructor training program.
(2) Individuals eligible for a waiver include:
(a) A director of a class I or II academy;
(b) A subject matter expert with significant training and experience in the subject area; and
(c) An individual certified or licensed as an instructor by another organization to teach, certify, or license others in a specific subject area.
(3) For consideration, an individual shall have:
(a) Been certified as a provisional instructor;
(b) Demonstrated the knowledge, skill, and ability to develop curriculum and produce and conduct training programs, through the review of objectives, lesson plans, and repeated performance; and 543
(c) Been evaluated at least four times in the last year by a staff member of the Police and Correctional Training Commissions or a certified instructor designated by the Deputy Director.
(4) An individual seeking a waiver shall submit an application for certification as a general instructor, a request for waiver of the instructor training program, and relevant information needed to assess the request, including at least four evaluations.
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12.04.01.16
.16 Waiver of a Selection or Training Standard.
A. General Requirements for Waivers.
(1) Except for the requirements under §E of this regulation, an agency head requesting a waiver of a Commission selection or training standard based on an individual's unique circumstances shall petition the Commission for a waiver of the standard.
(2) An agency head petitioning the Commission for a waiver of a selection or training standard shall:
(a) Submit the petition in writing in a format determined by the Commission; and
(b) Direct the petition to the Executive Director so it is received at least 30 days before the Commission's next scheduled meeting during which the Commission considers the petition.
(3) An agency head shall include, at a minimum, the information required under §B, C, or D of this regulation according to the type of standard for which the agency head is petitioning the Commission for a waiver.
(4) Processing a Petition for a Waiver.
(a) Upon receipt of a petition for a waiver under §B, C, or D of this regulation, the Executive Director shall:
(i) Review the petition to ensure that it contains all information required under this regulation; and
(ii) Ensure that the petition is received 30 days before the next scheduled Commission meeting during which the Commission considers the petition.
(b) If the petition does not meet the requirements under this regulation, the Executive Director shall return the petition to the submitting agency head indicating the deficiencies of the petition.
(c) If the petition meets the requirements under this regulation, the Executive Director shall present the petition to the Commission at the next scheduled meeting.
B. Waiver of a Selection Standard. An agency head petitioning the Commission for a waiver of a police officer selection standard under this chapter shall, at a minimum, include the following as part of the petition under this regulation:
(1) A completed application for certification;
(2) The COMAR citation for the standard for which the waiver is requested;
(3) Detailed information concerning the individual's ability to perform the duties of a police officer; and
(4) Other information at the direction of the Executive Director.
C. Waiver of an In-service Training Standard.
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(1) An agency head petitioning the Commission for a waiver of an in-service training standard shall, in addition to the information under §B of this regulation, provide:
(a) A copy of the lesson plan or course outline;
(b) A written description of the course;
(c) The number of hours of the course the individual completed; and
(d) Other information supporting the petition.
(2) An agency head may petition the Commission for a waiver of an in-service training requirement because an individual successfully completed any of the following during the calendar year for which in-service training is required:
(a) Federal Bureau of Investigation National Academy;
(b) 3-month Southern Police Institute Program;
(c) 9-month Northwestern University Traffic Institute Program; or
(d) Other equivalent training program.
D. Waiver of Firearms Training.
(1) An agency head may petition the Commission for a waiver of firearms training and qualification requirements if an individual completed a firearms training and qualification program that meets or exceeds requirements of COMAR 12.04.02 during the calendar year in which firearms training and qualification are required.
(2) An agency head shall include in the petition for a waiver of firearms training and qualification:
(a) Information required under §C(2) of this regulation as it relates to the firearms training and qualification received; and
(b) The date or dates the individual completed the firearms training and qualification.
E. Waiver of an Entrance-Level Training Standard.
(1) An individual who completed entrance-level training in another state or through the federal government may be exempted from portions of the entrance-level training standards under Regulation .09 of this chapter.
(2) An agency head petitioning the Deputy Director for a waiver of an entrance-level training standard required under Regulation .09 of this chapter shall provide the Deputy Director with:
(a) A copy of the lesson plan or course outline;
(b) A written description of the course;
(c) The number of hours of the course the individual completed; and
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(d) Other information supporting the petition.
(3) The Deputy Director may grant a waiver of an entrance-level training standard if the individual:
(a) Both:
(i) Worked for a law enforcement unit within the last 5 years before applying; and
(ii) Successfully completed a police officer entrance-level training program that meets or exceeds the requirements under Regulation .09 of this chapter; or
(b) Did not work for a law enforcement unit before applying, but within 2 years before applying completed a police officer entrance-level training program that meets or exceeds the requirements under Regulation .09 of this chapter.
(4) The Deputy Director shall review the information contained in the request under §E of this regulation to determine if the:
(a) Individual meets the eligibility requirements under §E of this regulation; and
(b) Police officer entrance-level training that the individual completed meets or exceeds requirements under Regulation .09 of this chapter.
(5) The Deputy Director shall notify the agency head of the decision.
(6) If the Deputy Director grants the waiver, the Deputy Director shall notify the agency head that the individual shall meet the following requirements before certification:
(a) Selection standards under Regulation .04 of this chapter; and
(b) The training requirements under §E(7) of this regulation.
(7) If the Deputy Director grants a waiver of full entrance-level training, the individual shall complete the following:
(a) Portions of an entrance-level training program at a class I or II Commission-certified police academy relating to the:
(i) Maryland Criminal Code,
(ii) Maryland Motor Vehicle Code, and
(iii) Maryland Juvenile Law and Procedures;
(b) Emergency medical care under Regulation .09 of this chapter; and
(c) If the law enforcement unit authorizes the individual to carry or use a firearm, an entrance-level firearms training program and qualification under COMAR 12.02.02.
(8) An agency head may request the Commission to review a decision by the Deputy Director to deny a waiver of an entrance-level training requirement.
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12.04.01.17
.17 Minimum Standards for Emergency Vehicle Operations Instructors.
A. An individual who provides instruction in a mandated emergency vehicle training program shall possess one of the instructor certifications specified in this regulation.
B. Provisional Emergency Vehicle Operations Instructor Certification.
(1) The provisional emergency vehicle operations instructor certification:
(a) Is designed for an individual with little or no teaching experience;
(b) Is valid for 1 year and may be renewed;
(c) Does not authorize an individual to teach:
(i) Subjects in areas other than emergency vehicle operations, and
(ii) The classroom portion of emergency vehicle operations, special maneuvers, and emergency vehicle skills without an emergency vehicle operations instructor present.
(2) Provisional emergency vehicle operations instructor certification requirements include:
(a) A high school diploma, or a GED certificate or diploma recognized by the State Board of Education;
(b) 2 or more years of experience in an occupation requiring operation of an emergency vehicle;
(c) Compliance with Commission regulations; and
(d) Successful completion of an emergency vehicle operations instructor's course within 5 years before the date of the original application for provisional vehicle operations instructor certification.
C. Course Safety Officer Certification.
(1) The course safety officer certification:
(a) Is designed for an individual with extensive training and experience in emergency vehicle operations;
(b) Is valid for up to 4 years and may be renewed;
(c) Authorizes an individual to conduct emergency vehicle operation courses; and
(d) Does not authorize an individual to teach emergency vehicle operations in a classroom.
(2) The requirements for course safety officer certification include:
(a) A high school diploma, or GED certificate or diploma recognized by the State Board of Education; 548
(b) 3 years of experience in an occupation requiring operation of an emergency vehicle;
(c) Successful completion of an emergency vehicle operations instructor's course within 5 years of the date of the original application for emergency vehicle operations instructor certification;
(d) Previous certification as a provisional emergency vehicle operations instructor;
(e) Compliance with Commission regulations;
(f) Evaluation of the applicant's teaching performance under §E of this regulation; and
(g) Conducting a minimum of 8 hours of emergency vehicle operations course work as a provisional vehicle operations instructor.
D. Emergency Vehicle Operations Instructor Certification.
(1) The emergency vehicle operations instructor certification:
(a) Is designed for an individual with extensive training and experience in the area of emergency vehicle operations;
(b) Is valid for up to 4 years and may be renewed; and
(c) Authorizes an individual to teach mandated emergency vehicle operations training but no other general subject unless certified as a general instructor.
(2) Requirements for emergency vehicle operations instructor certification include:
(a) A high school diploma, or GED certificate or diploma recognized by the State Board of Education;
(b) 3 years in an occupation requiring the operation of an emergency vehicle;
(c) Successful completion of an approved instructor course meeting the standards under Regulation .14 of this chapter;
(d) Successful completion of an emergency vehicle operations instructor course approved by the Commission;
(e) Previous certification as a provisional emergency vehicle operations instructor;
(f) Compliance with Commission regulations;
(g) Evaluation of the individual's teaching performance under §E of this regulation;
(h) Performing at least 4 hours of classroom teaching; and
(i) Performing at least 8 hours of emergency vehicle operations practical course training work.
E. Evaluation Procedures.
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(1) An evaluation of an applicant for course safety officer or emergency vehicle operations instructor shall have been performed by a certified emergency vehicle operations instructor during the applicant's period of certification as a provisional emergency vehicle operations instructor.
(2) Each period of evaluation shall be at least 1 hour in length.
(3) An unsatisfactory performance evaluation score or commentary may be grounds for rejection of the application.
(4) An agency with a formalized program to evaluate provisional instructors approved by the Deputy Director is exempt from the requirements of this section.
(5) An applicant seeking certification only as a course safety officer shall be evaluated a minimum of two times while the applicant is conducting an emergency vehicle operations practical course.
(6) An applicant seeking certification as an emergency vehicle operations instructor shall be evaluated a minimum of two times each while conducting:
(a) An emergency vehicle operation practical course; and
(b) Classroom instruction.
F. An applicant may apply for certification as a course safety officer or emergency vehicle operations instructor whenever the requirements of those certifications can be met.
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12.04.01.18
.18 Drug Screening Procedures.
A. Urine Sample Collection.
(1) In order to ensure the reliability and integrity of the testing process, the employing agency shall verify that the urine sample collection process includes the minimum requirements specified in §A(2)—(8) of this regulation.
(2) The agency taking a urine sample shall verify the identification of the applicant by examining a driver's license or other acceptable means of photographic identification.
(3) A urine sample shall be obtained from an applicant in a manner that reasonably prevents substitution, alteration, or other tampering with the sample.
(4) Fifty milliliters is the minimum quantity of urine collected as a sample.
(5) A urine sample shall be collected in a factory-sealed container which shall be covered immediately upon collection and refrigerated as soon as practicable.
(6) A collection container containing a urine sample shall be sealed by tamper-proof tape which extends over and around the container cover in the manner of evidence tape. The band shall be labeled with the:
(a) Name of the applicant giving the sample;
(b) Date the sample was given; and
(c) Name of the individual who received the sample.
(7) An applicant shall provide written consent at the time of giving the sample for the:
(a) Collection of the sample;
(b) Analysis of the sample; and
(c) Disclosure of the analysis results to the employing agency and the Commission.
(8) A sample shall be secured, maintained, and transferred in a manner that preserves the chain of custody.
B. Positive Urine Sample Results.
(1) A urine sample screened positive is considered indicative of the recent use by the applicant of a controlled dangerous substance under §C(2) of this regulation.
(2) An applicant's positive screen for a controlled dangerous substance conclusively establishes that the applicant is not of good moral character under Regulation .04 or .07 of this chapter and may not be employed or certified as a police officer as a result of this application.
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(3) A decision to deny certification shall include a determination as to whether the positive screen for controlled dangerous substances was a result of legitimate ingestion or exposure.
C. Urine Sample Analysis. To ensure the reliability and integrity of the testing process, an employing agency shall verify that the urine sample analysis screening process meets the following minimum requirements:
(1) A urine sample shall be screened by an enzyme immunoassay, radioimmunoassay testing method, or another equally scientifically rigorous screening method;
(2) The immunoassay screen used shall test, at a minimum, for the presence of the following controlled dangerous substances or classes of controlled dangerous substances, or their metabolites, at the following minimum levels:
Substance ... Nanograms per Milliliter
(a) Amphetamines ... 1,000,
(b) Barbiturates ... 300,
(c) Cannabis or cannabinoids ... 50,
(d) Opiates ... 300,
(e) Cocaine or cocaine metabolite ... 300,
(f) Phencyclidine ... 25,
(g) Benzodiazepines ... 300;
(3) A sample which meets or exceeds the minimum nanograms per milliliter under §C(2) of this regulation is considered as being screened positive for the presence of a controlled dangerous substance;
(4) A urine sample screened positive by an immunoassay method or an equally scientifically rigorous screening method for the controlled dangerous substances or their metabolites under §C(2) of this regulation shall be confined and verified by gas chromatography, mass spectrometry, or other equally scientifically rigorous testing method, with each substance isolated being specified by name;
(5) Unless verified under §C(4) of this regulation, a urine sample screened positive by an immunoassay method or equally scientifically rigorous screening method is considered inconclusive;
(6) A urine sample analysis shall be conducted in accordance with Health-General Article, §17-214.1, Annotated Code of Maryland, by qualified laboratory personnel using valid scientific methods and procedures.
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12.04.01.19
.19 Prior Substance Abuse by Applicants for Certification.
A. Scope. This regulation applies to an individual applying to the Commission for certification or recertification as a police officer.
B. General.
(1) An individual involved in prior or current illegal use, sale, manufacture, or distribution of a controlled dangerous substance, narcotic drug, or marijuana as the terms are defined under Regulation .01 of this chapter and as specified in this regulation has demonstrated character traits, judgment, behavior, or activity which adversely predict or affect the ability of the individual to perform the duties of a police officer.
(2) A law enforcement unit may set more restrictive standards than those specified in this regulation.
C. Prohibitions—Initial Certification. An individual is ineligible for initial certification as a police officer in Maryland if the individual has:
(1) Been convicted or otherwise found guilty of selling, manufacturing, or distributing a controlled dangerous substance, narcotic drug, or marijuana;
(2) Ever illegally sold, produced, cultivated, distributed, or transported a controlled dangerous substance, narcotic drug, or marijuana;
(3) Illegally used a controlled dangerous substance, narcotic drug, or marijuana for any purpose within the 3 years before application for certification;
(4) Ever illegally used a controlled dangerous substance, narcotic drug, or marijuana for other than experimentation as specified under §D of this regulation; or
(5) Ever illegally used a controlled dangerous substance, narcotic drug, or marijuana while employed to enforce federal, State, or local law by any government entity.
D. Presumption of Experimentation. The illegal use of a controlled dangerous substance, narcotic drug, or marijuana is not experimentation if the applicant:
(1) Ever used:
(a) Heroin;
(b) Phencyclodine (PCP); or
(c) Lysergic acid diethylamide (LSD); or
(2) Other than heroin, PCP, LSD, or marijuana, used any controlled dangerous substance or narcotic drug, or any combination of controlled dangerous substances or narcotic drug that exceeds:
(a) A total of five times; or 553
(b) One time since becoming 21 years old; or
(3) Used marijuana:
(a) More than 20 times; or
(b) Five times since becoming 21 years old.
E. Prohibitions—Recertification. If an individual is currently certified, or was previously certified, as a police officer in Maryland the individual is ineligible for recertification if the individual illegally used, ingested, possessed, sold, produced, cultivated, distributed, or transported a controlled dangerous substance, narcotic drug, or marijuana on or after the date of the individual's initial certification as a police officer in Maryland.
F. Indication of Use of a Controlled Dangerous Substance, Narcotic Drug, or Marijuana.
(1) If any part of the background investigation indicates an applicant's current or prior use of a controlled dangerous substance, narcotic drug, or marijuana, the law enforcement unit shall investigate to determine if the use falls under the prohibitions specified in this regulation.
(2) The law enforcement unit shall verify the veracity of the applicant's statements, responses to questions, or any other information provided by the applicant related to the use of a controlled dangerous substance, narcotic drug, or marijuana using a truth verification device.
(3) If the law enforcement unit determines the use is prohibited by this regulation, the applicant is ineligible for certification by the Commission as a police officer.
(4) If the law enforcement unit determines the individual is currently using a controlled dangerous substance, narcotic drug, or marijuana in violation of State or federal law, the individual is ineligible for certification by the Commission as a police officer.
(5) If an individual becomes certified by the Commission as a police officer, the law enforcement unit employing the individual shall document and maintain information used to establish the individual's substance abuse history required by this regulation. These records are subject to audit.
G. Petition for Special Consideration.
(1) An agency head submitting an application for certification for an individual with a history of illegal use of a controlled dangerous substance, narcotic drug, or marijuana may petition the Commission based on articulated unique circumstances of the individual's use of a controlled dangerous substance, narcotic drug, or marijuana for a final determination as to the use being experimentation as specified under §D of this regulation.
(2) The agency head, or a designee, submitting a petition under §G(1) of this regulation shall:
(a) Specify the illegal controlled dangerous substance, narcotic drug, or marijuana used;
(b) Indicate the number of times the illegal controlled dangerous substance, narcotic drug, or marijuana was used;
(c) Provide the individual's age at the time of each use;
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(d) Indicate how the information concerning the use of the illegal controlled dangerous substance, narcotic drug, or marijuana came to be known by the agency;
(e) Provide information concerning the agency's attempt to verify the information;
(f) Identify the specific factors that the agency head believes the Commission should consider when making a determination as to experimentation that, at a minimum, include information concerning:
(i) Length of time used;
(ii) The motivation for the use;
(iii) The time that has passed since the last use;
(iv) How the illegal controlled dangerous substance, narcotic drug, or marijuana was obtained;
(v) How the illegal controlled dangerous substance, narcotic drug, or marijuana was ingested;
(vi) Why the individual stopped the use;
(vii) The individual's ability to perform as a police officer; and
(viii) Any other information that supports the unique circumstances that the agency head wants the Commission to consider; and
(g) Submit the petition to the Executive Director of the Police and Correctional Training Commissions.
(3) The Executive Director shall submit a petition received under §G(2) of this regulation to the Police Training Commission at the next scheduled meeting following receipt if the petition:
(a) Provides the information required by this regulation; and
(b) Is received at least 30 days before the next scheduled Commission meeting.
H. Hearing Not Required.
(1) An individual applying for certification has no right to appear before the Commission for the purpose of challenging a law enforcement unit's determination that the individual used a controlled dangerous substance, narcotic drug, or marijuana contrary to the standards established by this regulation.
(2) The Commission's consideration of a petition under §G of this regulation is not a hearing.
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12.04.01.20
.20 Minimum Standards for Defensive Tactics Instructors.
A. An individual instructing defensive tactics training as part of an entrance level training program established under Regulation .09 of this chapter, shall possess one of the instructor certifications and conduct training as specified under this regulation.
B. Provisional Certification of Defensive Tactics Instructor.
(1) A provisional certification for a defensive tactics instructor is designed for an individual with little or no teaching experience.
(2) Provisional certification:
(a) Requires a minimum of 2 cumulative years of criminal justice related defensive tactics skills experience that:
(i) Is determined acceptable by the Deputy Director; and
(ii) Takes place during the 5 consecutive years immediately preceding application;
(b) Requires compliance with all other applicable Commission regulations; and
(c) Is valid for 1 year and may be renewed at anytime for one additional 1-year period.
(3) While under the direct supervision of a certified defensive tactics instructor, a provisional defensive tactics instructor may:
(a) Provide classroom instruction;
(b) Assist with practical defensive tactics skills training; and
(c) Assist in skill assessment.
C. Defensive Tactics Instructor Certification.
(1) A defensive tactics instructor certification:
(a) Is designed for an individual with extensive training and experience in the area of defensive tactics;
(b) Is valid for up to 4 years and may be renewed at any time; and
(c) Authorizes an individual to independently instruct all aspects of defensive tactics training in an entrance-level training program.
(2) A defensive tactics instructor certification requires:
(a) A minimum of 2 cumulative years of criminal justice related defensive tactics skills experience that: 556
(i) Is determined acceptable by the Deputy Director; and
(ii) Takes place during the 5 consecutive years immediately preceding application;
(b) Successful completion of an approved general instructor course as specified under Regulation .15 of this chapter;
(c) Successful completion of an approved defensive tactics instructor's course within 2 years of the date of the original application for defensive tactics instructor certification;
(d) A minimum of 12 hours of defensive tactics instruction under the direction of a certified defensive tactics instructor that includes:
(i) 4 hours of classroom instruction in the concepts and principles of defensive tactics; and
(ii) 8 hours of defensive tactics practical skill instruction;
(e) At least two satisfactory evaluations during the period of provisional certification as a defensive tactics instructor by a certified defensive tactics instructor, as specified in §E of this regulation; and
(f) Current provisional certification as a defensive tactics instructor or a waiver as specified in §F of this regulation.
D. Defensive Tactics Instructor Course.
(1) A defensive tactics instructor course shall:
(a) Be approved by the Commission;
(b) Be a minimum of 35 hours in length; and
(c) Include the following topics:
(i) Balance, awareness, and self-control;
(ii) Impact weapons;
(iii) Weapon retention;
(iv) Disarming;
(v) Vital points of the human anatomy;
(vi) Control holds;
(vii) Take-downs;
(viii) Handcuffing and searching;
(ix) Escorting and transporting of detainees; 557
(x) Use of force continuum;
(xi) Multiple adversaries; and
(xii) Ground level defenses.
(2) Successful completion of the course requires:
(a) A minimum score of 70 percent on a written examination; and
(b) Satisfactory demonstration of all practical skill elements required in the course.
(3) The Deputy Director may approve a:
(a) Defensive tactics instructor course which meets the standards under this regulation; or
(b) Combination of defensive tactics courses that:
(i) As determined by the Deputy Director, satisfactorily address the topics specified under §D(1) of this regulation; and
(ii) Equals a minimum of 35 hours.
E. Evaluation Procedures.
(1) An evaluation of an applicant for certification as a defensive tactics instructor shall be:
(a) At a minimum, conducted twice during a current period of provisional certification as a defensive tactics instructor;
(b) Performed by a certified defensive tactics instructor; and
(c) Documented on a form approved or provided by the Commission.
(2) Each evaluation shall be at least 1 hour in length.
(3) An unsatisfactory performance evaluation score or commentary may be grounds for denial of certification.
F. Waiver.
(1) The Deputy Director may waive the defensive tactics instructor course requirement and approve certification for a defensive tactics instructor, if the applicant has:
(a) A minimum of 2 cumulative years of criminal justice related defensive tactics skills experience that:
(i) Is determined acceptable by the Deputy Director; and
(ii) Takes place during the 5 consecutive years immediately preceding application;
(b) Conducted at least 4 hours of classroom instruction in the concepts and principles of defensive tactics; 558
(c) Conducted at least 8 hours of defensive tactics practical skills training instruction;
(d) Successfully completed an approved general instructor course as specified under Regulation .15 of this chapter;
(e) Successfully completed the equivalent of a defensive tactics instructor course as specified under §D of this regulation; and
(f) Produced supporting evidence, such as copies of certifications or course curriculums, to document the applicant's extensive knowledge and abilities in the skill areas specified in §D(1) of this regulation.
(2) The Deputy Director may limit the subject matter that may be taught in an entrance level program by an individual receiving defensive tactics instructor certification based on a waiver under this section.
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12.04.01.21
.21 Field Training.
A. Each law enforcement employee shall complete a field training program before certification by the Commission.
B. The field training program:
(1) Shall include activities designed to familiarize the trainee with the duties of the police officer position, as defined and administered by the law enforcement organization;
(2) May be conducted in conjunction with an entrance-level training program or a separate training activity provided by a law enforcement organization;
(3) Shall be a minimum of 80 hours in duration; and
(4) Shall be monitored by a certified police officer, the agency head, or designee.
C. Documenting Field Training.
(1) The agency head or designee shall complete and submit a written statement to the Commission certifying that the individual successfully completed the field training specified under §B of this regulation.
(2) The statement shall be dated and signed by the agency head or designee.
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12.04.01.9999
Administrative History
Effective date: May 14, 1975 (2:10 Md. R. 759)
Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
——————
Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
——————
Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
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Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
——————
Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
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Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
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Annotation:COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
564
Local 553
Collective Bargaining Agreement with
THE
MAY0R AND CITY COUNCIL CUMBERLAND, MD
July 1, 2006 through June 30, 2009
565
P R E A M B L E
THIS AGREEMENT, MADE AND EXECUTED IN DUPLICATE, THIS ______day of ______. 2007, by and between the MAYOR AND CITY COUNCIL OF CUMBERLAND, a municipal corporation of the State of Maryland, hereinafter known as “Employer,” and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL #553, hereinafter referred to as “Union”.
W I T N E S S:
WHEREAS, by Ordinance #2851 of the Mayor and City Council of Cumberland, dated July 17, 1979, the American Federation of State, County and Municipal Employees, AFL-CIO, Local #553, was designated as the exclusive collective bargaining agent for certain employees in the general trades and labor and clerical/technical classifications of the City of Cumberland; and
WHEREAS, the parties hereto have come to an agreement regarding wages, hours, working conditions and other conditions of employment.
NOW, THEREFORE, THIS AGREEMENT WITNESS: That, in consideration of the premises and stipulations hereinafter set forth, the parties hereto covenant and agree as follows:
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ARTICLE I PURPOSE
SECTION 1:
(a) It is the purpose of this Agreement to promote harmonious relations, cooperation and understanding between the City of Cumberland and the employees covered hereby, to strive for good collective bargaining procedures, and to establish the best standards of wages, hours, working conditions and other conditions of employment possible. (b) Items not expressly contained in this Agreement will remain the prerogative of the Employer. All terms of this Agreement will be subject to applicable provisions of the Charter and Code of the City of Cumberland and all amendments thereto. (c) Wherever in this Agreement masculine gender is used, it shall be deemed to include the feminine gender.
ARTICLE II IMPASSE
SECTION 1: As defined in the Article, an impasse occurs after both parties have considered the proposals and counterproposals of the other party in good faith and, despite honest and diligent efforts, cannot reach agreement on the subject being negotiated, or, if no later than two weeks prior to the expiration of the present agreement, either party concludes that a successor agreement is unlikely. The following procedures will be used to resolve impasses in negotiations between the Employer and the Union: (a) If the Employer or the Union concludes that an impasse has been reached on a proposal which has been in negotiating process for no less than three (3) negotiating sessions, or fewer by mutual
567
agreement, either party may refer the impasse by delivering a written statement of its position to the other party together with a written notice of intent to invoke the procedures (Notice) hereinafter set forth. (b) Upon the issuance of the Notice either party may notify the Federal Mediation and Conciliation Service (FMCS) of this fact, in writing, and request mediation. Copies of this notification shall be transmitted to the other party. (c) It shall be the function of the mediator to assist both parties without taking sides. The mediator shall make no public recommendations on the negotiation issues or public statements of finding of fact in connection with the performance of his service, nor any public statements evaluating the relative merits of the positions of the parties. The mediator shall not make public, confidential or other report concerning the issues, except by mutual agreement of the parties, or as required by the FMCS. (d) Nothing in this Article will preclude either party from presenting, in the interest of reaching agreement, a proposal at any stage in the proceedings. By agreement, the parties may recall any referral at any stage in the proceedings. (e) If mediation is unsuccessful, FMCS shall appoint a fact finder who shall conduct a hearing and make a written report and recommendation(s) within fifteen (15) days after the request for mediation. A copy of the report shall be sent to the employer and the Union. The entire mediation and fact-finding process will not exceed thirty (30) calendar days. (f) The Employer and Union agree that the current agreement will continue in effect until both parties have acted upon the report. Any agreement, upon ratification, will be made retroactive to June 30, should that date have been passed.
ARTICLE III UNION RECOGNITION & UNION SECURITY
SECTION 1:
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(a) Employer recognizes Union Local #553, American Federation of State, County and Municipal Employees as the exclusive bargaining agent of the employees covered by this Agreement, which shall include all hourly-paid employees of the City of Cumberland in the General Trades and Labor, Clerical/Technical and Public Utilities classifications for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment. (b) Employer agrees to furnish the Union with the titles of positions; rates of pay and job descriptions, when available, of all eligible employees. In addition, Union agrees to provide the Employer with a current copy of its Charter and By-laws, a current Membership Roster, and a current list of officers. All job titles that are represented by the bargaining unit shall be listed in Appendix 1 of this contract. (c) It is the mutual desire of the Employer and the Union to foster harmonious relations, and, to this end, the Employer agrees that there shall be no lockout and the Union agrees that it will call no strike against the Employer. (d) The Employer agrees that when a change in job description or a new job description is made that will affect a current member of the bargaining unit, the Employer will provide a draft copy of the proposed changes to the union for their review and accept comments within 15 (fifteen) days. Any new job description placement on the wage scale may be subject to the City’s appeals board and time limits may be waived upon mutual agreement.
SECTION 2: Deduction of Union Dues. The Employer agrees to a check-off system of Union dues and People Committee Program.
SECTION 3: Membership. All employees covered by this Agreement shall have the option of becoming members of the Union. Those employees choosing not to become members of the Union must, as a condition of employment, pay a service fee equivalent to the dues uniformly paid by the members of the Union.
ARTICLE IV
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GRIEVANCES & ARBITRATION PROCEDURE
SECTION 1: Any grievance or dispute, which may arise between the parties, including the application, meaning or interpretation of this Agreement, shall be settled in the following manner:
►Step 1: The Union Steward, or his designated assistant, and the President of the local Union, with the aggrieved employee, shall discuss the grievance or dispute with the immediate Branch Supervisor (see Appendix 2), if applicable, and Director within five (5) working days of the date of the grievance or his knowledge of its occurrence; provided, however, that the said Union Steward, or his designated assistant, or the aggrieved employee, shall submit said grievance in writing to the Branch Supervisor, if applicable, with a copy to the Human Resources Officer and Director prior to any discussion thereof. Under no circumstances would the Employer be financially responsible as a result of such grievance prior to the date of its filing. The immediate Branch Supervisor, if applicable and Director shall attempt to adjust the matter and shall respond in writing to the Union Steward with a copy to the Human Resources Officer within five (5) working days from the date of the discussion. All grievances shall be processed as original documents including signatures. Each grievance will be numbered so as to identify it from other grievances.
►Step 2: If the grievance has not been satisfactorily resolved, the Union Steward, President of the local Union, the Union Representative and the aggrieved employee shall file with the Branch Supervisor within five (5) working days following receipt of the said response, a written notice of appeal thereof, with a copy to the Human Resources Officer. The Department Director, with the Branch Supervisor, shall discuss the grievance with the aggrieved parties within five (5) working days of his receipt of the notice of appeal. The Department Director shall respond in writing to the said appeal, with a copy to the Human Resources Officer within five (5) working days following the discussion thereof.
►Step 3: If the grievance has not been satisfactorily resolved, the Union Steward and the President of the Local Union, Union Representative, and the aggrieved employee shall file with the
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City Administrator within five (5) working days following receipt of the said response, a written notice of the appeal thereof, with a copy to the Human Resources Officer. The City Administrator, with the Director and Branch Supervisor if applicable, shall discuss the grievance with the aggrieved parties within five (5) working days of his receipt of the notice of appeal. The City Administrator shall respond in writing to the said appeal, with a copy to the Human Resources Officer within five (5) working days following the discussion thereof.
►Step 4: If the grievance is still unresolved after Step 3, either party may, by written notice to the other, request that the grievance be submitted to arbitration. Such request for arbitration must be made within ten (10) working days of receipt of the response of the City Administrator, as outlined in Step 3. Only grievances involving breach, misinterpretation or improper application of agreement, termination of an employee, and citing specific section and article of contract, shall be eligible for submission to arbitration. The Federal Mediation and Conciliation Service shall conduct such arbitration and such arbitrator as assigned by the FMCS shall hear the matter. The parties shall be bound by the usual procedure rules of the FMCS and all phases of the arbitration shall be conducted in accordance therewith. The arbitrator shall be requested to issue a decision within thirty (30) days following the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties and shall be enforceable in the Courts of the State of Maryland.
SECTION 2: “Working days” as set forth in the grievance steps shall be based on the City Hall working schedule.
SECTION 3: All grievances, appeals and responses, requests for review, and other matters relating to this Article, shall be in writing and copies of all such documents shall be furnished to the City’s Human Resources Officer.
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SECTION 4: Time limits imposed by this Article may be extended by mutual agreement of the parties, in writing. Any grievance not appealed or answered at any step of the grievance procedure within the number of days specified shall be considered settled in favor of the employee if not answered by the Employer, and settled in favor of the Employer if not appealed by the aggrieved, as specified.
SECTION 5: All costs and expenses assessed by the FMCS shall be borne in each case equally by the Employer, and the Union in said arbitration procedure.
SECTION 6: Nothing herein shall be construed to deny the right of individual employees to present matters to the Employer on their own behalf.
SECTION 7: The Employer shall not discharge or discipline any employee without just cause. The Union shall have the right to take up discharge and discipline of an employee as a grievance procedure.
ARTICLE V UNION STEWARDS & UNION REPRESENTATION
SECTION 1: The Employer recognizes and shall deal with all of the accredited Union Stewards and the Union President in all matters relating to grievances and interpretation of this Agreement. There shall be no more than one (1) Union Steward and one (1) Assistant Steward (to act on behalf of the Steward in his absence) for each fifteen (15) employees.
SECTION 2: A written list of the Union Stewards (such lists to outline the area to be represented by Stewards) shall be furnished to the Employer immediately after their designation, and the Union shall notify the Employer promptly of any changes of such Union Stewards.
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SECTION 3: The appropriate Union Steward and the Union President, or in the event he is unavailable, the Union Vice President, shall be granted reasonable time off during working hours to investigate and settle grievances, upon notice in advance to, and with, the approval of their immediate supervisors. Such time off shall be arranged as soon as possible, and in such manner as to cause the least disruption of, or interference with, any operations involved.
ARTICLE VI DISCRIMINATION
SECTION 1: The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination to age, sex, and marital status, race, color, and creed, national original or political affiliation. The Union and the Employer shall have equal responsibility for applying this provision of the Agreement.
SECTION 2: No employee eligible for membership shall in any manner be discriminated against, coerced, restrained or influenced on account of being a member of Local #553 or of being an officer therein. The Union agrees that no employee eligible for membership who elects not to become a member of the Union shall, in any manner, be discriminated against, coerced, restrained or influenced.
ARTICLE VII
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SENIORITY
SECTION 1: (a) For all bargaining unit employees other than Clerical/Technical, branch seniority standing shall be granted. The standing is to be determined on the basis of actual length of continuous service from the latest date of permanent employment with the Employer. Seniority shall begin as of the first day of probationary employment. Seniority shall not be assigned until after the satisfactory completion of the established probationary period, which shall be six (6) months. Before appointment is made complete, a probationary employee may be discharged without the consent of the employee or bargaining unit; provided, however, that each probationary employee shall be reviewed at ninety (90) day intervals for permanent employment. (b) For all Clerical/Technical bargaining unit members, seniority shall be based on City-wide standing to be determined on the basis of actual length of continuous service from the latest date of permanent employment with the employer. Seniority shall begin as of the first day of probationary employment. Seniority shall not be assigned until after the satisfactory completion of the probationary period, which shall be six (6) months. (c) Before initial appointment is made complete, a probationary employee may be discharged without the consent of the employee of the bargaining unit; provided, however, that each probationer be reviewed at ninety (90) day intervals for permanent employment.
SECTION 2:
(a) In the case of promotions for all non-Clerical/Technical members, the employee promoted shall serve a “promotion probationary period,” not to exceed thirty (30) days; provided however, that such promoted employee shall work at least twenty (20) days at the job or position to which he has been promoted during said thirty (30) day promotion probationary period, in order for said promotion to become final. The Employer may, at its discretion, extend said promotion probationary period for the purpose of satisfying the twenty (20) day requirement.
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(b) In the case of promotions for all Clerical/Technical members of the bargaining unit, the employee promoted shall serve a “promotion probationary period,” not to exceed ninety (90) days; provided, however, that such promoted employee shall work at least fifty (50) days at the job or position to which he has been promoted during said ninety (90) day promotion probationary period, in order for said promotion to become final. The Employer may, at its discretion, extend said promotion probationary period for the purpose of satisfying the fifty (50) day requirement. (c) A Clerical/Technical employee may within ninety (90) days of receiving a promotion voluntarily elect to re-claim his old position. In recognition of such an event, it is agreed and understood that any employee(s) appointed to or promoted to a position vacated by an employee who in turn is promoted as specified above shall not be eligible for having their appointment or promotion considered final until the first promoted employee’s promotion is determined final.
SECTION 3: An employee shall lose his seniority standing upon voluntary resignation from employment. An employee’s seniority shall not be terminated because of authorized leave of absence or layoffs.
SECTION 4:
(a) In the case of reduction of force or elimination of a position, seniority for non- Clerical/Technical employees shall be governed by branch standing, with fitness and ability being equal, while seniority for Clerical/Technical employees shall be governed by city-wide standing, with fitness and ability being equal. Layoffs shall begin with those employees having the least seniority, where there is a need to reduce the number of employees, with the following provisions: (1) Trades and Labor employees shall be provided forty-eight (48) hours notice of layoff; (2) Clerical/Technical employees shall be provided twenty-four (24) hours notice of layoff; (3) Any employee scheduled for layoff may, within the designated time allotted above, claim any position in a similar or lower salary scale that the employee can
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perform without further training that is occupied by an employee with less seniority, any original probationary position in his own branch, and, if none is available, then in any branch in the bargaining unit; and (4) Clerical/Technical employees must possess the ability, skills, knowledge and qualifications as determined by the Employer and detailed in the specified job descriptions. (5) Employees shall be recalled according to standing in (a) above, in the inverse order of lay off. The employee shall return to work within seven (7) days of written notice of recall, by registered letter, to the last known filed address or forfeit his seniority rights. (b) If a senior employee replaces a probationary employee under the provision of Section 4 (a) above, he shall serve a ninety (90) day probationary period in his new branch, during which time he shall be subject to recall to his former branch. If he is not recalled after said ninety (90) day period, then he shall be entered onto the seniority list of his new branch as of the date of his entry into said new branch. If his services are not satisfactory, he shall revert to furlough status without further rights under Section 4(a) in any other branch. (c) Any employee exercising the replacement rights under Section 4(a) above, shall, if taking a probationary job in the same job classification, receive the same rate of pay as he was receiving in his former classification. If he takes a job in a classification in a lower pay scale, he shall receive the pay rate in that scale nearest to, but not higher than, his rate received in his former classification.
SECTION 5:
1. The following Section 5 shall apply for all members of the bargaining unit other than Clerical/Technical: (a) A form shall be posted by the Employer for those positions or jobs within the respective branch wherein training shall be deemed available by the Employer. (b) Employees may voluntarily sign such form within their branch to signify their desire to be used for training and/or temporary assignment to those positions or jobs.
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(c) The Employer shall select the most qualified senior employee for training and preparation for a period not to exceed six (6) months of time, unless adequate reasons exist to extend that period. Any extensions will first be discussed with the Union President or representative. (d) When a vacancy occurs, the most qualified senior employee would have the option to make a lateral movement within the same job classification if he or she meets the qualifications. This lateral movement applies to permanent positions and is not intended for daily bumping.
(e) Employees hired prior to July 1, 1996: Employees serving in an acting capacity or an employee receiving a permanent promotion to a higher grade shall be placed in the same step in the higher grade as currently occupied by a Local 553 member. Employees hired after July 1, 1996: An employee serving in an acting position or an employee receiving a promotion to a higher grade shall be placed in the same step of the higher grade. (f) Temporary assignment shall be for a period of no longer than ninety (90) work days unless mutually agreed to by the parties. (g) Any position that requires more than ninety (90) workdays of temporary assignment shall be considered an open position and be posted, except in those instances where positions are open because of employees being on approved leave.
SECTION 6:
1. The following Section 6 shall apply for all Clerical/Technical members of the bargaining unit:
(a) The employer may make temporary assignments of employees to positions or jobs within the bargaining unit other than those they normally fill or perform in order to meet the requirements of the operation of the branch. (b) All employees who have been temporarily assigned by their supervisor or, in his absence, by the senior ranking person at the job site, to work in a higher classification, shall receive one step in
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pay higher than is being currently received, or the minimum rate for the higher classification, whichever is greater.
SECTION 7:
(a) Notice of intent to fill all vacancies for positions in the bargaining unit not subject to reclassification or branch reorganization shall be posted on all employee bulletin boards within ten (10) days following the actual occurrence of the vacancy. Employees shall be given ten (10) working days’ time in which to make application to fill the vacancy or to fill a new position being created. (b) When a Training List exists for a posted vacancy, the most qualified employee with the greatest seniority on the Training List who has made application for the job shall be awarded the position. When there is no Training List for a particular vacancy, or when there is no applicant from the Training List, the most qualified employee with the greatest seniority making application shall be awarded the position involved, provided he is qualified for the position, as determined by the City. (c) An award shall be made to a non-Clerical/Technical member of the bargaining unit within ten (10) days following the deadline for application. An award shall be made within ten (10) days following the deadline for application to the applicant of the Clerical/Technical bargaining unit who has the necessary abilities, qualifications, and the greatest seniority. In the event there is a disagreement on any such award, an appeal may be made through the grievance procedure. (d) The availability of Employer-supplemented training courses will be brought to the attention of the Clerical/Technical members of the bargaining unit and those members will be eligible to participate in said training. Length of service will be given consideration but will not be the sole determination in selecting candidates, the schedule of courses, etc. (e) Newly created positions or vacancies are to be posted to include the type of work, place of work, rate of pay, hours of work and job title. (f) If the Employer does not intend to fill a vacated position, then the bulk of the duties and responsibilities normally assigned to the person filling the position shall not be assigned to any other employee. Further, this article VII and all provisions thereof shall not apply to new hires.
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SECTION 8: The agreed-to seniority lists shall be brought up-to-date on July 1st and January 1st of each year and posted on the employees’ bulletin boards. Such lists shall contain dates of hire, classification and branch. Copies of the seniority lists shall be sent by mail to the Secretary and President of the Union.
SECTION 9: The Employer shall notify the local Union Secretary in writing of all new hires, terminations, lay-offs and recalls at the end of each calendar month.
ARTICLE VIII HOLIDAYS WITH PAY
SECTION 1: The following days shall be legal holidays:
■ New Year’s Day ■ Martin Luther King’s Birthday (Third Monday in January) ■ George Washington’s Birthday ■ Good Friday ■ Memorial Day ■ Independence Day (July 4th) ■ Labor Day ■ Columbus Day
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■ General Election Day ■ Veteran’s Day ■ Thanksgiving Day and the following day ■ Christmas Day ■ Employee’s Birthday
All shall be celebrated on such day as is legally designated therefore, except that an employee may take his birthday on any day with the week in which it falls, if work schedule permits. In addition to those holidays above, when Independence Day (July 4th), Christmas Day or New Year’s Day fall on Tuesday, the preceding Monday shall be granted as a holiday; when Independence Day (July 4th), Christmas Day or New Year’s Day fall on Thursday, Friday shall be granted as a holiday. In addition, a Clerical/Technical member of the bargaining unit may elect to trade his birthday holiday for the City Election Day, subject to management approval and provided that notice of the selection is given to the employer with ten (10) days following the beginning of the fiscal year of the official implementation of the collective bargaining agreement. In the event of conflicting request within a work unit, the more senior employees shall be given preference.
SECTION 2: Holidays falling on Saturday shall be observed on the preceding Friday, and holidays falling on Sunday shall be observed on the following Monday.
SECTION 3: For employees in a continuous work schedule, other than employees of the Wastewater Treatment Plant, Filtration Plant, and Water Servicemen, all holidays shall be granted as vacation days and taken in accordance with the usual branch procedure. Employees in a continuous operation at the Wastewater Treatment Plant, the Filtration Plant, and Water Servicemen, who are required to work on the day on which a holiday is observed, shall be paid time and one half ( 1/1/2) the regular rate for all hours worked in addition to holiday pay.
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SECTION 4: Employees required to work on the day on which a holiday is observed shall be paid time and one half (1 ½) the regular rate for all hours worked in addition to holiday pay, except those included under Section 3 of this Article.
SECTION 5: Should a holiday fall during an employee’s vacation period, he shall receive an extra vacation day.
SECTION 6: All members of the bargaining unit shall enjoy equal opportunity to participate in any holiday benefit at least equal to those presently realized, as negotiated or given to other bargaining units of the City. The members of the bargaining unit will not suffer a reduction in holiday benefits in the event that reduction takes place in another bargaining unit.
ARTICLE IX VACATIONS
SECTION 1: It shall be the policy of the Employer that vacations are necessary to the health and well being of all its employees and that time off shall be taken by every employee, except in unavoidable emergencies. (a) Hired prior to July 1, 1996 Members of the bargaining unit hired prior to July 1, 1996 shall earn and ultimately be entitled to receive thirty (30) working days of vacation with pay based on the following schedule:
■ Vacation shall be adjusted to July 1 next following employment in probationary status at the rate of 5/12 day for each month, or portion thereof, worked in the current fiscal year. Said vacation shall be taken during the next fiscal year. ■ When an employee is hired in the period January 1 to June 30, he shall earn five (5) days of vacation during the first fully completed fiscal year. When an employee is hired in the period July
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1 to December 31, he shall begin earning vacation at the rate of ten (10) days during the first fully completed fiscal year.
■ Second Fiscal Year………………………… 10 days ■ Third through Fourth Fiscal Year…………. 15 days ■ Fifth through Ninth Fiscal Year…………… 20 days ■ Tenth through Twenty-fourth Fiscal Year… 25 days ■ Twenty-five years and above……………… 30 days
(b) Hired after July 1, 1996: Retroactive to the first day of probationary employment, members of the bargaining unit hired after July 1, 1996 shall earn and ultimately be entitled to receive twenty-five (25) working days of vacation, with pay, based on the following schedule:
■ Vacation shall be adjusted to July 1 next following employment in probationary status at the rate of 5/12 day for each month or portion thereof worked in the current fiscal year. Said vacation shall be taken during the next fiscal year. ■ When a person is hired in the period January 1, to June 30, he shall earn five (5) days of vacation during the first fully completed fiscal year. When a person is hired in the period July 1, to December 31, he shall earn vacation at the rate of ten (10) days during the first fully completed fiscal year.
■ Second Fiscal Year…………. 10 days ■ Third through Fourth Fiscal Year…… 15 days ■ Fifth through Ninth Fiscal Year 20 days ■ Tenth Fiscal Year and above……….. 25 days
SECTION 2:
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(a) Pay for all vacations will be based on the rate of pay for the employee at the time of vacation. A Ten day notice to the supervisor (except in an unanticipated emergency), is required for 5 (five) or more consecutive working days vacation, and in accordance with annual vacation scheduling per branch procedures For less than five (5) consecutive working days’ vacation, a 24 (twenty-four) hour notice is required (except in an unanticipated emergency). An employee may use more than a full week’s vacation as follows: (1) In any fiscal year, up to ten (10) days may be used in increments of one-day- at-a-time, or any combination thereof, provided five(5) of the ten (10) days may be utilized in two (2) increments of four (4) hours each. (b) For Clerical/Technical members of the bargaining unit, the following shall apply: (1) Upon prior notice to the Supervisor (except in an unanticipated emergency) and in accordance with annually established branch procedures, a Clerical/Technical employee may use vacation by taking increments of no less than one (1) hour at a time. (2) Vacation notice requirements shall be arranged by each branch for employees in said branch covered under this Agreement, and such notice requirement shall be propagated within fifteen (15) days of the start of the fiscal year. Approval of requested vacation shall not be unreasonably withheld.
SECTION 3: Vacation preference shall be determined on the basis of branch seniority.
SECTION 4: Any reservation costs incurred by an employee through rescheduling his vacation by the Employer will be reimbursed, provided the costs are substantiated.
SECTION 5: Any employee required to return to work while on vacation shall be compensated for time actually worked at time and one half (1 ½) the regular rate, and all days worked shall be rescheduled as designated in Section 2.
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SECTION 6: Any employee leaving the service shall be reimbursed for all accrued vacation to which he was entitled during the current year in accordance with the schedule (See Fringe Benefits Booklet).
SECTION 7: All members of the bargaining unit shall enjoy equal opportunity to participate in any vacation benefit at least equal to those presently realized, as negotiated or given to other bargaining units of the City. The members of the bargaining unit will not suffer a reduction in vacation benefits in the event that reduction takes place in another bargaining unit.
SECTION 8: (a) Clerical/Technical members of the bargaining unit may carry up to five (5) working days of vacation time into the next fiscal year. (b) Clerical/Technical members of the bargaining unit do not receive parity with regard to vacation schedules.
SECTION 9: When an employee who is regularly scheduled to work the “3-11” or “11-7” shift is on vacation, his rate concerning shift differential will not be reduced while on vacation.
ARTICLE X SICK LEAVE
SECTION 1: Sick leave shall be earned at the rate of one and one-quarter (1 ¼) days per month for each month of employment and cumulative in an unlimited amount. Earned sick leave shall be annually credited to the employee’s personnel record in an amount equal to fifteen (15) days less the number of days used during the fiscal year prior to said annual posting, which shall be July 1st.
SECTION 2: (a) Sick leave shall be granted to an employee when incapacitated by sickness or for medical examination or treatment.
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(b) Clerical/Technical members of the bargaining unit, if necessary, shall be eligible to use up to two (2) hours for a physician, dental an/or optical appointment, which time shall not be charged to sick or other leave. Verification of the appointment and attendance there (should include the time required) shall be supplied by the employee to his supervisor.
SECTION 3: (a) Members of the bargaining unit, other than Clerical/Technical members, will be required to produce a doctor’s certificate when off work for more than two (2) days in order to be paid for use of sick leave. Management may require that the employee produce a doctor’s certificate for less than two (2) days if it appears that the employee is abusing sick leave. (b) Clerical/Technical members of the bargaining unit will be required to produce a doctor’s certificate when off work for more than three (3) days in order to be paid for use of sick leave. Management may require that the employee produce a doctor’s certificate for less than three (3) days if it appears that the employee is abusing sick leave. (c) Should any employee of the bargaining unit be absent five (5) times or more during any fiscal year (July1 through June 30), a doctor’s certificate will be required for the sixth absence and each absence thereafter; except that an employee producing a doctor’s certificate for a bona fide medical appointment shall not have such use of sick leave accounted against the aforementioned five absences. The employee must inform his supervisor of the length of time he will be of work – “if known.”
SECTION 4: In the case of an extended sickness where an employee has exhausted his accumulated sick leave, all unused vacation time must be taken. At the end of this time, if the employee is still away from the job because of sickness, a request for leave of absence due to illness shall be made and may be granted by the City Administrator for a period not to exceed one (1) year.
SECTION 5: Sick leave accumulated by an employee on the date of this Agreement shall be credited to his personnel record.
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SECTION 6: A list of the applicable branch’s employees shall be posted annually, designating the employee’s names and accumulated sick leave.
SECTION 7: In addition, employee shall be entitled to receive payment of up to, but not to exceed, 86 days of unused sick leave accumulated to his credit at the time of retirement from City employment with four (4) months prior notice of retirement date. Everyone else will be pro-rated. Exceptions granted on a case-by-case basis by the City Administrator.
ARTICLE XI OTHER LEAVE
SECTION 1: Beginning with the first day of permanent employment, an employee shall be entitled to leave, with pay, because of death in the family. There shall be no accumulation of such leave.
■ Five (5) working days shall be granted in the death of spouse, child, stepchild, grandchild and parent of the employee. ■ Three (3) working days shall be granted in the death of a brother, sister, mother-in-law, father-in-law, grandparent, half brother or half sister, stepparent, step brother and step sister. ■ One (1) working day for attendance at the funeral shall be granted in the death of a grandparent, brother or sister of the employee’s current legal spouse; this provision shall also apply if the spouse is deceased and the employee has not remarried.
SECTION 2: In addition, the employee shall be entitled to leave in the event of an unexpected emergency arising within his immediate family, as well as emergencies pertaining to stepchildren and grandchildren. Said leave shall not exceed five (5) days in any one (1) fiscal year and, when taken, shall be charged to the employee’s sick leave for that fiscal year. For the purpose of this Section, the word “family” is defined as the spouse, son, daughter, mother or father of the employee.
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SECTION 3: There shall be allowed during any given year a period of two (2) days leave, chargeable to sick leave, for the purpose of allowing a member of the bargaining unit to act as a pall bearer for a relative. Said leave may be taken in one-half (1/2) or one (1) day increments, not to exceed one (1) day for any given situation.
SECTION 4: In the event an employee sustains an injury while in the employ of the City of Cumberland, he shall receive his regular rate during the period of temporary total disability, not to exceed one (1) year. The Employer reserves the right to void this Section in the event that a Wage Continuation Insurance Program is instituted. Further, the Employer shall be responsible to pay employees only the amount necessary to equal 100% of the employee’s net and/or take home pay. Pay shall be calculated by taking the employee’s base hourly rate times 80 hours, less applicable taxes.
SECTION 5: The Employer recognizes it is the obligation for every citizen to serve as a Juror when called upon to do so and, therefore, employees called for Jury service or subpoenaed as a witness will be granted leave with full pay.
ARTICLE XII MILITARY TRAINING LEAVE
SECTION 1: “Armed Forces” is defined to include the Army, Navy, Marine Corps, Air Force and Coast Guard. “Reserve Components” is defined to include the federally recognized National Guard and Air National guard of the United States, the Officers Reserve Corps, the Regular Army Reserve and Air Force Reserve, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve and the Coast Guard.
SECTION 2: Any employee of the City who is a member of the National Guard or of any reserve component of the Armed Forces of the United States will be entitled to a leave of absence of
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fifteen (15) days without loss of time or annual leave during which he is engaged in the performance of official duty as a result of being federalized, or while on annual training duty in this State, or in the United States, under competent orders. While on such leave, he/she shall be paid his regular gross alary less the amount received form the federal and/or state for his/her training.
ARTICLE XIII MILITARY SERVICE
SECTION 1: A permanent employee who volunteers or is called to active military service during a national emergency shall, upon his return to civilian life, be guaranteed seniority and a position equal to the one he left; provided the employee makes application within ninety (90) days after being released under honorable conditions from such military service. Permanent employees who volunteer or are called for active military service shall be paid at the date they leave branch employ for all accrued vacation to their credit at that date.
ARTICLE XIV LEAVES OF ABSENCE
SECTION 1: An employee may, upon application in writing, be granted a leave of absence, without pay, and not to exceed one (1) year, for the reason of personal illness, illness in the immediate family, disability, or for the purpose of furthering the employee’s education or training.
SECTION 2: Notwithstanding other provisions of this Agreement, any employee elected or appointed as an employee of the Union shall be granted a leave of absence, without pay, for the term of the election or appointment to his office or any extension thereof.
SECTION 3: Leave of absence with pay for up to eight (8) man days per fiscal year shall be granted for members to attend and serve as delegates to conventions and other organization
588 conferences related to t heir Union. In the fiscal year within which the American Federation of State, County and Municipal Employees (AFSCME) holds its international meeting, leave allowable under this Section shall be increased from eight (8) man days to thirteen (13)man days for purposes of attending said international meeting. Also, union officials may request additional days for training seminars.
SECTION 4: Pregnancy leave shall be governed by current federal legislation.
SECTION 5: Seniority shall accumulate during all leaves of absence. In addition to accruing seniority while on leave of absence granted under the provision of this Agreement, employees shall be returned to the position they held in the branch at the time the leave of absence was requested. However, if an employee is returning from an educational leave during which the employee has acquired the qualifications for a higher-rated position in the bargaining unit, the employee may be returned to the higher-rated position under the following conditions: ■ the position became or remained open during the employee’s leave and it is still open at the time the employee returns from leave; and ■ the employee requests assignment to the higher rated position within ten (10) days after returning from an educational leave; and ■ the employee has greater seniority than other qualified employees requesting assignment to the position.
ARTICLE XV HOURS OF WORK
SECTION 1: The regular hours of work each day shall be consecutive.
SECTION 2: The workweek shall consist of five (5) consecutive eight (8) hour days, except for employees in continuous operations.
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SECTION 3: Eight (8) consecutive hours of work within the 24-hour period beginning at the time designated by each branch and mutually agreed upon by the Union will constitute a regular work day.
SECTION 4: Eight (8) consecutive hours of work shall constitute a work shift. All employees shall be scheduled to work in a regular work shift, and each work shift shall have a regular starting and quitting time.
SECTION 5: A work schedule showing the employee’s shift, work days and hours shall be posted on each branch bulletin board at all times.
SECTION 6: Except for emergency situations, work schedules shall not be changed unless the Union and the Employer discuss the changes.
SECTION 7: 1. The following Section 7-1 shall apply to members of the bargaining unit other than Clerical/Technical: (a) A morning break of fifteen (15) minutes if formally established. Such breaks shall be taken on the job site, with one person obtaining coffee, etc. During severe weather, breaks may be taken at nearby restaurants/coffee shops. (b) A lunch period for all employees shall consist of forty (40) minutes between 11:55 a.m. and 12:35 p.m. Lunch shall be taken by the daylight shift. The second and third shifts shall take a forty (40) minute lunch period in accordance with past practice. Lunch may be taken at the job site or the nearby restaurants. During severe weather or emergency situations, when crews are compelled to go to the warehouse, adequate travel time will be given so that the employee may have a full, forty (40)minute lunch period.. 2. Clerical/Technical members of the bargaining unit shall be granted a lunch period of 60 minutes, as scheduled by the departmental supervisor... 3. The following shall apply to all members of the bargaining unit:
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(a) An employee required to work more than two (2) hours beyond his regular shift will be given time off for a meal period, not to exceed one half (1/2) hour, without loss of pay. A meal allowance, not to exceed Six Dollars and Ten Cents ($6.10) shall be given to each employee on the next pay check following the period of working overtime. (b) If an employee is called into work after the end of his shift, he shall be entitled to a meal break after three (3) hours of work and a meal allowance, not to exceed Six Dollars and Ten Cents ($6.10). (c) An employee called in one (1) hour or more prior to the regular work shift shall be given a meal allowance. However, if an employee is called in three (3) hours or more prior to the regular work shift, he shall be given one half (1/2) hour off for meal period, without loss of pay, in addition to the regularly scheduled meal break. A meal allowance in the amount of Six Dollars and Ten Cents ($6.10) shall be given to such employee for each meal, except that at the time of the second meal, such employee shall be given the option of returning home in lieu of a meal allowance for that meal. (d) Employees called out to work on a non-work day (i.e. Saturday, Sunday or holiday) will be entitled to a one half (1/2) hour meal after completing five (5) hours of work. If an employee is prescheduled eight (8) hours or more in advance, he shall provide his own lunch.
SECTION 8: (a) Any employee who is called to work outside of his regular shift shall receive pay at the rate of time and one half (1 ½ ) his regular hourly rate for such time worked, or a minimum of four (4) hours of straight time pay, which ever is greater. If the called time work assignment and employee’s regular shift overlap, the employee shall be paid the call time rate of time and one half (1 ½) until he completes two and one half (2 ½) hours of work. The employee shall then be paid for the balance of his regular work shift at the regular rate. Nothing herein shall be construed to mean compound of overtime. (b) Any employee who is called to work outside of his regular shift shall receive pay at the rate of time and one half (1 ½ ) his regular hourly rate for such time worked, or a minimum of four (4) hours of straight time pay, whichever is greater. In addition to overtime pay at the rate of one and one half (1 ½), employees who are called out (non-scheduled overtime) for a period that exceeds two and one
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half (2 ½) hours will receive, in addition to the one and one half (1 ½) times pay, one half (1/2) hour straight time as “reporting-in” compensation. The employee must report to work within one half (1/2) hour from callout to receive one half (1/2) hour compensation.
ARTICLE XVI OVERTIME
SECTION 1: Time and one half (1 ½) the employee’s hourly rate of pay shall be paid for work under any of the following conditions: ■ all work performed in excess of eight (8) hours in any workday; ■ all work performed on Saturdays, except where this is a scheduled day of work; ■ all work performed before or after any scheduled work shift.
SECTION 2: (a) Double-time shall be paid for all work on Sunday, except when Sunday is a scheduled day of work. (b) No employee shall be permitted to work more than sixteen (16) hours in any one (1) calendar day. (c) Time and one half (1 ½) shall be paid for the sixth (6th) consecutive workday and double-time for the seventh (7th) consecutive workday. (d) Double-time shall be paid if an employee is required to work more than sixteen (16) straight hours, which is limited to emergency operations.
SECTION 3: Overtime work shall be distributed equally to employees working within the same job classification in the branch. The distribution of overtime shall be equalized over each six-month period, beginning on the first day of the calendar month following the effective date of this Agreement, or on the first day of any calendar month this Agreement becomes effective. On each occasion, the opportunity to work overtime shall be offered to the employee within the job
592 classification who has the least number of overtime hours to his credit at that time. If this employee does not accept the assignment, the employee with the next fewest number of overtime hours to his credit shall be offered the assignment. This procedure shall be followed until the required number of employees has been selected for the overtime work. A record of the overtime hours worked by each employee shall be posted monthly on the branch bulletin board.
SECTION 4: Overtime shall be scheduled in a manner that will provide equal opportunity for all eligible personnel. Each branch shall maintain an overtime roster by seniority, in descending order. If an employee declines the offered overtime, he shall be considered to have worked the overtime offered. If an employee is not available for overtime due to illness, vacation, or excused absence, he shall not be considered to have worked the available overtime and shall be given priority until hours of overtime missed have been worked.
SECTION 5: Overtime work shall be voluntary, except in an unexpected emergency. There shall be no disciplinary action against any employee who declines to work voluntary overtime, except he shall be posted, without pay, for the number of hour’s overtime equivalent to that which he would have worked, but refused.
SECTION 6: Clerical/Technical members of the bargaining unit may, in lieu of overtime payment assessed, select compensatory time off, with the approval of management.
SECTION 7: Compensatory Time:
1. For members of the bargaining unit other than Clerical/Technical, the following shall apply: (a) No more than three (3) days of compensatory time shall be earned in any quarter. (b) Such compensatory time must be utilized in the quarter earned or next succeeding quarter. (c) Such compensatory time shall be scheduled in accordance with normal branch procedures for the scheduling of vacation.
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(d) Should compensatory time earned be unable to be scheduled, overtime at the rate of pay in which the time was earned will be rendered.
2. For Clerical/Technical members of the bargaining unit the following shall apply: (a) Compensatory time must be utilized in the year earned or in accordance with Section (b), as follows: (b) No more than three (3) days of compensatory time shall be carried over from the last quarter of the fiscal year to the first quarter of the next fiscal year, assuming that the compensatory time cannot be scheduled prior to the end of the fiscal year. (c) Such compensatory time shall be scheduled in accordance with normal branch procedures for the scheduling of vacation. (d) Should compensatory time earned be unable to be scheduled, the employee may elect to be paid for said time at the rate of pay in which the time was earned.
SECTION 8: Compensatory Time for Snow and Ice Control Operations: (a) Notwithstanding any of the above provisions regarding payment of overtime, employees working on a snow and ice control activity shall have the option of selecting compensatory time off in lieu of paid overtime, pursuant to the provisions of Section 1 and 2 above. Said compensatory time shall be scheduled in accordance with normal branch procedures for the scheduling of vacation and shall be utilized in the fiscal year in which earned, except that hours totaling less than eight (8), which cannot be scheduled prior to the end of the fiscal year, shall be paid for. (b) In carrying out snow and ice control operations, the Employer recognizes, as specified in Section 2 of this Article, that no employee shall be permitted work more than sixteen (16) hours in any one calendar day; however, in order to carry out its operations and responsibilities in providing service to the citizens of Cumberland, the Employer shall be able to draw upon personnel from other branches only after those employees assigned to the Street branch have worked.
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(1) No more than eighteen hours (18) can be worked in a given day by an employee. (2) From 3-11 p.m. (technically 2:50 p.m. – 10:50 p.m.) anyone called out to work before 8:50 p.m. will be released at 10:50 p.m. (3) If during a call out for a shortened shift (as example from 6:15 p.m. - 10:50 p.m.) there is less than fifty (50) percent participation from the bargaining unit members (city wide) during any one incident, this portion of the collective bargaining agreement becomes null and void.
ARTICLE XVII SAFETY & HEALTH
SECTION 1: (a) The Employer and the Union shall cooperate in the enforcement of safety. Should an employee feel that his work requires him to be in an unsafe or unhealthy situation, the applicable branch supervisor shall immediately consider the matter. If the matter is not adjusted satisfactorily, the grievance shall be processed according to the grievance procedure. (b) The Employer agrees to grant time off to any Employee designated as a member of the Safety Committee for the purpose of attending training programs related to safety, subject to the final approval of the supervisor.
SECTION 2: No employee shall be required to operate or use any machine, vehicle, pneumatic or electric tool, or other equipment that is known to be unsafe tat the time of assignment or which, in the opinion of the immediate supervisor, becomes unsafe during its operation.
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ARTICLE XVIII BULLETIN BOARDS
SECTION 1: The Employer agrees to provide reasonable bulletin board space, labeled with the Union’s name, on which notices of official Union matters may be posted by the Union.
ARTICLE XIX HEALTH & WELFARE
SECTION 1: At the beginning of the probationary period, an employee and family shall be eligible for medical and hospital insurance coverage with a portion of the premium paid by the Employer. If this medical and hospital insurance coverage is desired, the employee must make application therefore in the Human Resources Office thirty (30) to sixty (60) days prior to start of employment. Premium for such coverage will continue to be paid for a period not to exceed six (6) months during leaves of absence without pay, granted for personal illness. All employees with two (2) or more years of continuous service shall receive paid hospital and medical insurance premium coverage for twelve (12) months during leaves of absence without pay, granted for personal illness.
SECTION 2: All employees are entitled to Medical and Hospital Insurance coverage with premiums paid by the City of Cumberland based on table below. The employee may choose from the following categories (inclusive but not limited to): Individual, Parent/Child, Husband & Wife, and Family.
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Insurance Premiums
City AFSCME HIGH OPTION Percentage Percentage
Individual 85% 15% 2 Party 85% 15% Family 85% 15%
City AFSCME LOW OPTION Percentage Percentage
Individual 97% 3% 2 Party 97% 3% Family 97% 3%
The same percentage co-pay will be applied to premiums for the term of this agreement.
SECTION 3: The Employer further agrees to provide major medical insurance coverage and to provide life insurance coverage in an amount of not less than Ten Thousand Dollars ($10,000.00) for each employee.
SECTION 4: The City further agrees to provide prescription drug program coverage for the employee, either full time or retired under the age of Medicare eligibility and his/her immediate family. The Prescription Drug Program shall carry a Generic Ten Dollars ($10.00)/Twenty Dollar Formulary ($20.00)/ and Thirty-Five Dollar Non-Formulary ($35.00) co-pay Drug Plan.
SECTION 5: In conjunction with the Employer’s policy to pay that portion of the premium for health and hospitalization insurance premiums for retired employees of Local #553, the following understanding shall prevail: 597
■ when a retired employee dies whose premium is being provided by the Employer, and who has been providing coverage for his spouse at his expense, he spouse may continue on the Employer’s group hospitalization insurance program at the spouse’s expense until the spouse’s 65th birthday. The intent of this provision is to allow for insurance coverage for the spouse in the vent of death of the employee prior to the spouse’s eligibility for Medicare coverage. Any subsequent changes in Medicare eligibility dates (i.e. increase or decrease in the eligibility age) shall amend the maximum age for the insurance coverage set forth above. All members of the bargaining unit shall enjoy equal opportunity to participate in Carefirst Blue Cross Blue Shield Insurance or any insurance benefit at least equal to those presently realized, as negotiated, or given to other employee bargaining units of the City. The members of the bargaining unit will not suffer a reduction in any insurance benefit in the event reduction takes place in another bargaining unit. Insurance carriers, doctors, or any insurance matters shall not be changed during the term of this Agreement unless negotiated changes are agreed upon by Management and Union, except where such changes are mandated as a result of the imposition of law or regulation, or such coverage is no longer available from the insurance carrier due to action of the carrier, if the insurance carrier no longer offers specific coverage within any plan available with the company.
SECTION 6: Retired employees under the age of sixty-five (65) will be provided the opportunity to continue participation in the Medical and Hospital Insurance Coverage paying the same percentage of the premium as an individual member would be paying if retired from the City by October 1, 2003. The additional cost for either a 2-party or family plan will be paid by the retiree. If the employee retires after October 1, 2003, the City shall contribute a monthly total of $225.00 to the individual’s premium with the cost difference between the 2-party and family plan being paid by the individual. The $225.00 shall increase by the Cost of living percentage provided in Article XXIII of this agreement. Those employees who are unable due to either not enough years of service or age by October 1, 2003 but would be able to do so by April 1, 2004 shall be able to participate in the pre- October 1, 2003 co-pay scenario by filing a letter by October 1, 2003 in the Human Resources Office stating their intent to retire on a date certain but no later than April 1, 2004.
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SECTION 7: An employee shall be eligible for reimbursement of up to One Hundred Fifty Dollars ($150.00) for eyeglasses. Said payment shall apply to the cost of frames and lenses only (not eye examinations) and shall require presentation of an invoice for reimbursement. It shall occur no more frequently than once per fiscal year, unless existing glasses become broke in a work-related accident, as certified by the employee’s supervisor. All other aspects of the existing eyeglass policy of the Employer do apply. Each member of Local #553 shall be granted a shoe allowance in the amount, not to exceed $125.00, per fiscal year to be provided by the Employer for the purchase of steel-toed, OSHA approved safety shoes by the employee. Said shoes shall be in accordance with City Policy and worn by the employee during the performance of his/her job duties.
SECTION 8: In the event any employee of the bargaining unit wishes to participate in Union- sponsored Dental Programs via payroll deductions, the Employer is agreeable to process said payroll deductions provided said deductions (contributions) are not a violation of any law, ordinance or regulation. The following understanding is specified:
(a) continued capacity of the Employer’s payroll system to accommodate the additional deduction. (b) said deductions, along with Union dues, must be a specific dollar amount as opposed to a percentage of salary. (c) said amounts, once arranged in the program, shall be changed no more frequently than once per year. (d) That the Employer assumes no responsibility, liability, or is in any way obligated to the above-mentioned programs other than processing a payroll deduction.
SECTION 9: The City and AFSCME agree to participate in a “Health Coalition” with other collective bargaining units to study plan design in an effort to reduce the overall cost of health insurance to the City and its participating employees. The City and AFSCME agree to reopen the discussion on health insurance and rates prior to each year of this agreement.
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ARTICLE XX VISITATION
SECTION 1: Officers or accredited representatives of the Union shall, upon request by the Union, be admitted to the property of the Employer during working hours, at a mutually agreed upon time, for the purpose of ascertaining whether or not this Agreement is being observed by the parties, or for assisting in the adjusting of grievances. As a matter of courtesy, each Union representative shall notify the Director of visitations. The Employer agrees that during working hours, on Employer’s premises, and without loss of pay, Union representatives shall be allowed to:
(a) post Union notices; (b) attend negotiating meetings; (c) transmit communications authorized by the local Union or its officers to the Employer or his representatives; (d) consult with the Director or his representatives, local Union officers, or other Union representatives concerning the enforcement of any provisions of this Agreement.
ARTICLE XXI WORKING CONDITIONS
SECTION 1: If any employee is required to wear a uniform, the Employer shall furnish protective clothing, or any type of protective device as a condition of employment such uniforms,
600 protective clothing or protective device, without cost to the employee. The Employer shall pay the cost of maintaining the uniform or protective clothing in proper working condition. The Employer agrees to furnish and maintain rain gear and gloves to all employees when necessary. The Employer agrees to maintain safe and sanitary lock rooms, lavatories and shower facilities. Employees shall take proper care of all City uniforms and equipment. Those employees furnished uniforms or safety clothing shall perform on the job with the issued clothing.
SECTION 2: Any employee who suffers loss or damage to his personal clothing due to conditions directly connected to his work shall report damage or loss immediately to his supervisor. All claims shall be investigated thoroughly by the supervisor before any claim is approved for payment. The employee shall be reimbursed for such loss or damage if his claim is approved. All other personal items such as watches, rings, etc., shall be exempt from claims for loss or damage.
SECTION 3: Coveralls shall be provided for all members of blacktop crews, tarring crews, mechanics, mechanic helpers, the sweeper crew (two employees), and the Sanitary Sewer and Water Distribution employees, if requested by the employee.
ARTICLE XXII SALARY & WAGE RATES
SECTION 1: Salary rates agreed upon shall be designated by appropriate ordinances.
SECTION 2: The Employer shall pay all employees bi-weekly.
SECTION 3: (a) FY 2007 The attached table shall represent the salary and wage rates of the collective bargaining beginning July 1; 2006. The City agrees to provide a three (3%) percent cost of living adjustment to the midpoint of the grades as set below that will be applied to the base pay of each employee:
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602
FY 07 FY 07 FY 07
Grade Minimum Midpoint Maximum
18 55,571 72,242 88,913
17 51,454 66,891 82,327
16 47,643 61,936 76,229
15 44,114 57,348 70,582
14 40,846 53,100 65,354
13 37,821 49,167 60,513
12 35,019 45,525 56,030
11 32,425 42,153 51,880
10 30,023 39,030 48,037
9 27,799 36,139 44,479
8 25,740 33,462 41,184
7 23,833 30,983 38,133
6 22,068 28,688 35,309
5 20,433 26,563 32,693
The City agrees to a two one year wage-only re-opener.
SECTION 4: Workers who are regularly scheduled to work the 3-11 and 11-7 shift in the Wastewater Treatment Plant, Water Filtration Plant, Water Distribution Branch, Street Branch, and Equipment Maintenance Branch shall be paid based on the following schedule: 603
Shift Differential Pay
FY FY FY FY Shift 2004 2005 2006 2007
3 – 11 $ 0.35 $ 0.40 $ 0.45 $ 0.55
11 – 7 $ 0.45 $ 0.50 $ 0.55 $ 0.70
SECTION 5: For those employees who are required to have a C.D.L., the Employer will pay the difference between the cost of C.D.L. renewal and the cost of a regular license renewal.
ARTICLE XXIII TRAVEL ALLOWANCE
SECTION 1: An employee shall be reimbursed for the use of their personal automobile at the current rate established by the Internal Revenue Service, upon prior approval by the supervisor.
ARTICLE XXIV CONTRACTING & SUBCONTRACTING OF PUBLIC WORKS
SECTION 1: During the term of this Agreement, the Employer shall not contract out or subcontract any public work presently performed by employees covered by this Agreement that would cause their displacement. The Employer shall give sixty (60) days prior notification to bargaining unit representatives of an actual proposal to retain services of contractors to perform bargaining unit work.
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ARTICLE XXV PARKING
SECTION 1: During normal working hours, the Clerical/Technical employees shall be guaranteed parking on the City-owned lot at the corner of Bedford and Centre Streets adjacent to the Public Safety Building for which there shall be no charge to the employees.
ARTICLE XXVI TESTING AFTER INITIAL EMPLOYMENT
SECTION 1: Subject to approval by the Civil Service Commission, a Clerical/Technical employee who has previously demonstrated through subsequent testing and initial hire a particular skill level or ability required for a new or vacated position, said employee would not have to be re- tested on that particular skill or ability level to be considered eligible for the position.
ARTICLE XXVII MANAGEMENT & RESPONSIBILITY
SECTION 1: It is recognized that the management of the City of Cumberland, the control of its properties, and the maintenance of order and efficiency is solely a responsibility of the City. Accordingly, the City retains the right, including but not limited thereto, to select and direct the working forces; to hire, suspend or discharge for just cause; assign, promote or transfer; to determine the amount of overtime to be worked; to relieve employees from duty because of lack of work or for other legitimate reasons; to decide the number and location of its facilities, stations, etc; to determine the work to be performed within the unit, maintenance and repair, the amount of supervision
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necessary, machinery and tool equipment, methods, schedules of work, together with the selection, procurement, designing, engineering and control of equipment and materials; to purchase services of others, contract or otherwise, except as they may be otherwise specifically limited to this Agreement; and to make reasonable and binding rules which shall not be inconsistent with this Agreement.
SECTION 2: Management will make available all training courses that are needed to insure and enhance the employee’s skills to perform their job effectively and efficiently. The Union and the Employer will start a joint committee with equal representation to identify the training needs of the membership.
ARTICLE XXVIII RETIREMENT & DEFERRED COMPENSATION
SECTION 1: The Employer and the Union agree to reopen the issues of a retirement system and deferred compensation on or after April 1, 2007.
ARTICLE XXIX TERMINATION, CHANGE OR AMENDMENT
SECTION 1: This Agreement shall become effective on July 1, 2006 and remain in full force and effect until June 30, 2009. It shall be automatically renewed from year-to-year thereafter unless either party shall give the other party written notice of desire to terminate, modify or amend this Agreement. Such notice shall be given the other party in writing by Certified Mail not less than one hundred twenty (120) days prior to the end of the fiscal year the Contract is in effect.
ARTICLE XXX INVALIDATION
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SECTION 1: Should any article, section, or portion thereof of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific article, section, or portion thereof directly specific in the decision; provided, however, that upon such a decision the parties agree, as soon as practical, to negotiate a substitute for the invalidated article, section, or portion thereof.
ARTICLE XXXI C.U.R.E. SUB-AGREEMENT
Maintain a Steering Committee and Leadership Team with meetings quarterly or more frequent as necessary. A training list shall also be posted to provide the employees in the branches of Vehicle Maintenance, Building Maintenance and those employees formerly in the Flood Control who are not part of Sanitary and Storms Sewers, the opportunity to receive training to meet the minimum qualifications for either Plant Technician I, Pipe Technician I or Public Worker I positions and those employees whose positions may be displaced due to technological changes.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ______day of ______. 2007.
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MAYOR AND CITY COUNCIL OF CUMBERLAND
______Lee N. Fiedler MAYOR
______Floyd S. Elliott Edward D. Hedrick, Jr. Councilman Councilman
______Harold L. Hendershot, Jr. Terance J. Rephann Councilman Councilman
ATTEST:
______Sharon S. Clark City Clerk
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO, LOCAL #553
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______John W. Keiper, President
______Michael A. Pyles, Vice-President
______James S. Bestpitch, Council #67 Business Representative
ATTEST:
______
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CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter One
I. GENERAL
The Property Room is placed organizationally under the Criminal Section Supervisor. It is responsible for the receipt, storage, safekeeping, release and disposal of all property or evidence that comes under the control of the Cumberland Police Department.
II. JOB DESCRIPTION
A. A sworn police officer of Sergeant’s rank or above shall serve as the Cumberland Police Department’s Property Officer. He/She is responsible for maintaining security and control of property and evidence that the Police Department acquires through normal duties and responsibilities. The Property Officer will be assigned to the Support Services Division.
B. Duties of the Property Officer require excellent organizational skills, initiative and resourcefulness. The work involves high frequency contact with the public requiring the person to have good interpersonal and communication skills.
C. The work shift shall be Monday through Friday, unless changed to meet the needs of the Department. Overtime may be required in special situations.
D. The position requires that the Property Officer be able to work with minimum supervision. The Property Officer must have the ability to communicate orally and in writing, be able to operate a computer terminal and specialized software related to inventory control, and maintain a working relationship with a variety of individuals and organizations.
E. The Property Officer must have the ability to effectively organize work assignments and establish priorities with minimum supervision.
F. The Property Officer must have a good working knowledge of Maryland rules of evidence, Maryland Annotated Code, Cumberland City Code, and the rules and regulations of the Cumberland Police Department as they apply to the evidence/property function.
III. SPECIALIZED TRAINING
The recommended training for the Property Officer is satisfactory completion of an IAPE or MPTC approved basic course for the management of the property function, on the job training, and other related training courses, seminars and/or conferences as appropriate.
1-1 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter One IV. JOB DUTIES AND RESPONSIBILITIES
The primary duty of the Property Officer is to log, classify, store, dispense, destroy, and release property/evidence to its rightful owner, for court presentation and/or for destruction or auction/sale. Additional duties include, but are not limited to:
A. Maintain evidence, found and stored property in such a manner that the individual items are secure from theft, loss or contamination, and can be located in a timely manner.
B. Maintain property reports and other documentation associated with the “chain of custody” for all property.
C. Ensure the timely and legally correct notification of owners and release/disposal of property recovered, found, or seized by the Department.
D. Operate computer terminals to access information regarding case dispositions and other related information involving the classification and proper disposition of property/evidence.
E. Coordinate the disposal of unclaimed and/or surplus property and the special disposal of narcotics, weapons, explosives, and hazardous materials pursuant to law, police department rules, and established procedures.
F. Release of property for court, to persons legally entitled, for auction/sale and for disposal.
G. Supervise, train, and evaluate other Department personnel assigned to the Property Room.
H. Provide in-service training to Department personnel regarding the appropriate logging, packaging, documenting and storage of property and evidence.
I. Provide effective liaison between the Police Department and local, county, state and federal law enforcement agencies.
J. Represent the Department while attending state and local associations involved with the management of property and evidence.
K. Stay abreast of local, state, and federal law involving property and evidence handling. Recommend and facilitate appropriate changes.
L. Maintain a clean and orderly property storage facility.
M. Create and Maintain a Property Room Manual and Photo-based Evidence Packaging Manual to serve as standards for the handling and proper packaging of evidence and property.
1-2 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Two I. CATEGORIES OF PROPERTY
For the purpose of these procedures, property taken into police custody is categorized and defined and follows:
A. Evidence;
Evidence is any property that comes into the custody of a Police Department employee when such property may tend to prove or disprove the commission of a crime, or the identity of a suspect, pursuant to an official criminal investigation.
Examples: physical or chemical evidence left at the scene of a crime by a victim or suspect/recovered stolen property; or property currently under observation which is suspected to have been used in, or be the result of, the commission of a crime.
B. Found Property
Found Property is any property of no evidentiary value whatsoever, which comes into the custody of a Police Department employee, and whose rightful owner may, or may not, be known to the finder or the Department. Due diligence must be exercised to discover the rightful owner. If the owner cannot be located, the Department will dispose of the property in a time and manner prescribed further in these regulations.
C. Safekeeping
Safekeeping is any property of no evidentiary value surrendered to an employee of this Department for temporary custody with the understanding that the person surrendering the property has the legal right to do so, and that the property will be returned to the rightful owner(s) at the end of a specified period of time, unless disposition by the department, in a manner prescribed by law, is requested by the owner(s). Examples of property held for safe keeping would include firearms removed from a household where no arrest was made or where the nature of an arrest did not involve the removed firearm for evidentiary purposes. Additional examples might include keys to a car or residence. The Cumberland Police Department will not hold property taken for safe keeping for more than thirty days from the date of seizure unless additional evidence is forthcoming indicating that there is a legal reason to hold the item(s).
Note: Serialized property held as “Safekeeping” is not entered into the NCIC/CJIS automated property or firearms systems.
D. Property for Destruction
Property for Destruction is any property, including firearms and ammunition, seized from or released by a citizen to the Police Department for disposal.
2-1 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Two II. DOCUMENTATION & RECEIPT OF PROPERTY
A. Documentation of Property
1. All property that is taken into custody and retained by the Police Department must be documented in a police report (IR) prepared by the police department employee accepting that property. Who, what, when, where and how he/she came into possession, and the disposition of that property shall be described in that report.
2. The report must also provide a complete description of the property collected, or seized, complete and accurate information of the person who found the property, or from whom it was seized or recovered.
3. All property retained by the Cumberland Police Department shall be documented in the police report (IR) and noted in the property section of that report in the computerized reporting system per established guidelines.
B. Receipt of Property
1. A receipt shall be furnished to any person, regardless of status, anytime property is taken from that person irrespective of the classification of that property.
a. An acceptable receipt pad will be provided to officers and will serve as the required receipt.
b. The receipts will specify the manner and fashion that property can be recovered from the Cumberland Police Department.
C. Computer Inquiry & Entry
1. All department employees who seize/collect property pursuant to their investigation of a complaint SHALL make the appropriate inquiries to the CJIS/NCIC computer systems on all serialized or identifiable items collected or seized to determine if the property is reported stolen or otherwise entered into the statewide/national systems PRIOR to placing the property into storage.
a. Communications should be appropriately notified of the nature of the circumstances, the type, name, and serial numbers of all confiscated serialized items. Should such property, in fact, be discovered to be stolen or wanted, a communications specialist will endeavor to verify the information through the entering agency. After verification, Communications will be responsible to send locate information.
b. The status of the property should be reflected in the computerized Investigation Report (IR) and the attached computerized property report. The report should also reflect that a locate was sent to the
2-2 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Two originating agency. It is the originating agency’s responsibility to update the NCIC/CJIS system concerning the change from stolen to recovered status.
2. It is the Communications responsibility to make accurate and timely NCIC/CJIS entries when notified to do so, per established policy. All department employees coming into the possession of serialized property of whatever category WILL make appropriate notification to Communications so that the entries may be made and document the notification in the Investigation Report (IR).
III. PROPERTY FORMS
The following forms are used in conjunction with the property and evidence function:
A. Property Report
Usage:
This computerized form serves as the primary instrument to record property listed in an (IR). It lists all items currently stored/held which reference the case described by the (IR). It is to be used under the following conditions:
1. Anytime property of any classification is logged into a property locker, or
2. Anytime property of any classification is listed in the police report.
B. Chain of Custody Log
This form serves as the Chain of Custody necessary for presentation at court hearings and trials. This form will be generated from the computerized Property Report and must be signed each time a piece of property is taken into custody or moved from the custody of one person to another, or into and out of property storage. It can not be used/generated without first completing a properly created Property Report.
Routing:
Original Copy
Once a Chain of Custody log is generated, it should be placed into the temporary storage area (Evidence Locker or otherwise) with the property so stored. The Chain of Custody log should always accompany the collected property until the item(s) reaches the Property Room. Once the items reach the property room, the Chain of Custody Log will be removed and placed on file. It will be signed, and the movement/custody of the property recorded as the item(s) is removed for whatever reason. The Chain of Custody Log is the true and accurate record of the custody of each property item. It will not again leave the property room unless it is summonsed or subpoenaed for a court hearing. The only exception
2-3 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Two to this requirement will be when a piece of property is sent to the Maryland State Police Crime Lab for some type of analysis. In those cases, a photocopy of the Chain of Custody will be created and it will be attached to the MSP form required by the Maryland State Police. The MSP from will continue the chain of custody while the item(s) are in Maryland State Police custody. Upon an items return to the Cumberland Police Department Property Room, the item(s) will be logged back in using the original copy of the Cumberland Police Department Chain of Custody log. The MSP form will constitute a portion of the Chain of Custody and will remain with the property item(s). Upon final disposition of the item(s), the MSP form will be archived with the original Chain of Custody log.
C. Evidence/Property Tag
This form serves as the control tag for all evidence items logged into and retained in the property room. This form shall minimally contain the following information: date, case number, officer’s name/ID number, brief description.
1. Each item of evidence shall have its own evidence tag affixed to the item or appropriate container the item is packaged in.
2. Multiple items may be display the same IR number; however, each item is assigned a secondary number (following the format “001, 002, 003….”) this number should be placed on the tag to distinguish it from other items attributed to the IR for the specific case.
D. MSP Evidence Processing Request Forms
Any item requiring processing or analysis by the Maryland State Police Crime Lab (such as CDS, latent prints, or blood or other trace evidence) must be accompanied by the appropriate MSP evidence form. All Controlled Dangerous Substance evidence for analysis must be accompanied by a completed MSP form 67A. All other evidence for analysis must be accompanied by an MSP form 67. It is the collecting (or investigating) officers responsibility to complete these forms properly, and in a manner acceptable to the MSP Labs. Instructions and sample forms will be available in the Cumberland Police Department Evidence Packaging Manual.
1. The requester will complete the form in its entirety and submit it with the evidence logged into the property room.
2. The Property Officer will facilitate the processing, and notify the submitting officer upon the return of any results and the disposition (status) of the item(s).
3. A supply of these forms will be kept in the area where evidence packaging is stored.
2-4 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Two E. Latent Print Transfer Envelopes
The Maryland State Police Crime Labs provide a specific envelope that they require to be used for the submission of latent fingerprints. A supply of these envelopes will be kept in the area where evidence packaging materials are stored. Although latent prints are usually collected by C3I investigators, officers may collect their own, provided that they have had sufficient training and wish to do so. If an officer wishes to submit latent prints, an MSP latent print envelope must be used. Additionally, an MSP form 67 must be filled out and accompany the latent prints. Instructions for properly packaging latent prints will be provided in the Evidence Packaging manual.
F. Controlled Substances Envelope
1. Only items to be analyzed should be placed in this envelope. All other items not submitted for examination should be packaged separately and according to policy as displayed in the Cumberland Police Department Evidence Packaging Manual.
2. Narcotics submitted for examination are to be packaged in a small paper or plastic bag then placed into the KAPAK heat seal envelope. Packaging larger than the envelope should be avoided unless absolutely necessary.
3. An MSP Evidence tag will be pre-affixed to the outside of the envelope and must be filled out in its entirety. Examples will be displayed in the Packaging Manual.
4. SEAL THE ENVELOPE ACCORDING TO CRIME LAB INSTRUCTIONS, as displayed in the Packaging manual.
G. Evidence Envelopes
1. The department will supply two standard sizes of evidence envelopes, marked size “A” and size “B”. Evidence that can be conveniently fitted into either size of envelope should be submitted to property in those envelopes. The envelopes will be preprinted with the information from the “Evidence/Property Tag, or a tag will be pre-affixed. This will facilitate high volume storage. Photographic examples of the envelopes, and their proper use will be provided in the Evidence/Property Packaging Manual. All evidence submitted must meet the standards set in the Evidence/Property Packaging Manual.
2. Each evidence envelope will be accompanied by the proper and correct forms when submitted. The forms will always included a SIGNED Chain of Custody log as generated from the computer; and, if applicable, a Property Receipt and the appropriate MSP evidence analysis form.
2-5 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Two H. Property Receipts
1. Receipt pads will be provided to officers and will serve as the required receipt to be supplied to any person from whom property is acquired. A property receipt will not be required, only if the evidence/property is located by an officer and the owner is not known.
2. The receipts will specify the manner and fashion that property can be recovered from the Cumberland Police Department.
2-6 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three I. LOGGING PROPERTY & EVIDENCE
It is the policy of the Police Department to log into the property system all property/evidence as soon after seizure as possible. Property is not to be secured in personal lockers, files or desks.
Note: Maintaining property/evidence in a case file may be acceptable under certain circumstances; however, the property/evidence must first be logged into the property system and then signed out. There shall be no exceptions to this rule.
A. Marking and Packaging
1. All property that is collected or seized shall be marked for identification and packaged to avoid contamination and to ensure the integrity of the evidence.
2. Permanent and distinctive marks such as initials, ID numbers, and case numbers should be marked directly on objects collected, if possible, without damaging the evidence.
3. When unable to mark the exhibit itself, such as in the case of stains, hair, blood, controlled substances, etc., place the item in a vial, envelope, container or other suitable package, then seal and mark the container. Acceptable methods of packing most standard types of property/evidence will be displayed in the Evidence Packaging Manual and officers are expected to follow those procedures except in the case of unusual circumstances. The unusual circumstances must be articulated in the officers report (IR).
4. There are a variety of containers and materials that can be used to package physical evidence and other property. Officers should strive to use the appropriate size and type of container for the type of property logged. An assortment of packaging materials and supplies for this purpose will be maintained inn Report Room 3 where officers will have easy access. It is the responsibility of the Property Officer to maintain an adequate amount of supplies for this purpose. Officers and supervisors are enjoined to contact the Property Officer and inform him if they see that any of the supplies are running low and in need of being replenished.
a. Always use new, clean containers to prevent contamination.
b. Plastic Zip-lock bags are suitable for small, dry objects. WARNING: DO NOT PLACE DAMP OR BIOLOGICAL EVIDENCE IN PLASTIC BAGS.
c. Paper envelopes are suitable for folded paper bindles containing small powdery material if all corners are sealed. Do not use paper envelopes for fiber evidence....a vial or pill box is preferred.
3-1 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three
d. Garments and large exhibits can generally be placed in paper bags.
e. Standard sized sealable plastic envelopes will be supplied by the MSP as they require their use in CDS cases. All CDS for analysis should be sealed into these envelopes using the methods displayed in the Evidence Packaging Manual. A sealer will be placed in Report room three for the officer’s use. The Bag Sealer must be unplugged between uses to prevent the possibility of a fire.
f. Larger items such as safes, vehicle bumpers, etc, that require further forensic processing can be wrapped in plastic or paper, as appropriate, and secured with tape. These items can be stored temporarily in the police garage in plain view, but marked with signs stating the items are awaiting processing and are not to be touched. The Property Officer should be notified in person or by e-mail of the need to take charge of any such large items as soon as possible so that the item can be protected and processed as soon as possible.
g. Paint cans, heavy mil quality plastic bags or other suitable containers are used to store arson evidence and hazardous materials samples (Officers should check with the Fire Department Fire Marshall and/or Arson Investigators for specifics). The department has supplied three lockers in the garage for Hazardous items, such as gasoline, flammables, etc. Any quantity of explosives greater than a small quantity of fireworks should be photographed and the fire marshal contacted for disposition as soon as possible. Do not bring explosive devices or industrial grade explosives into the police department building for storage. Contact the fire marshal for instructions.
h. Refer to the Evidence Packaging Manual for the appropriate container to store hazardous materials samples, and the circumstances under which they may be stored.
i. Plastic tubes or sharps boxes/containers are used to store hypodermic syringes or other sharp objects.
WARNING: DO NOT USE PAPER OR PLASTIC BAGS TO PACKAGE ANY SHARP WEAPON OR OBJECT.
5. Do not over-seal a package or container. Avoid or limit the use of staples. Never staple a plastic bag containing fine particles of material. Loose marijuana, pills, or other CDS should be placed in zip-lock
3-2 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three baggies or very small envelopes before being sealed in a sealable MSP CDS envelope for transmission to the lab.
6. Keep items of evidence separate if cross-contamination is a factor. Every item secured from different locations should be packaged separately.
7. Property that requires evidence processing should be clearly marked and be accompanied by the appropriate MSP evidence processing form(s).
8. FIREARMS, MONEY AND CONTROLLED SUBSTANCES must always be packaged separately from other items of evidence or property.
B. Special Handling
Different types of property require special handling and/or packaging to ensure the safety of property personnel and the integrity of the evidence.
1. Physiological Specimens
All department members will adhere to reasonable precautions in the handling of physiological specimens or items contaminated with physiological fluids, even when dried, to avoid contaminating themselves or others with infectious agents.
a. Blood Stains
Studies of blood stains are frequently important in a wide variety of criminal investigations. In some cases, particularly homicide cases, crime scene examinations by a trained Field Evidence Technician may be required to potentially establish direction or origin of blood spatters, show movement of individuals, establish a sequence of deposit of the stains, and to develop other necessary information.
b. Fresh Moist Stains
(1) Do not heat stained material or place in bright sunlight to dry. Hang clothing and similar articles in a well ventilated area until dry before placing in an evidence locker.
Caution: If not completely dried before packaging, decomposition will occur which may prevent complete testing.
(2) When the stain is dry, label the item, roll it in paper or place in a paper bag, seal and label the container. DO NOT PLACE STAINED OBJECTS INTO PLASTIC BAGS.
c. Dried Stains
3-3 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three (1) On cloth items: label the article, roll in paper or place in a paper bag, seal and label the container. Do not attempt to remove the stain from the cloth.
(2) On small solid objects: roll in paper or place in a paper bag, seal and label the container, then send the entire stained object to the laboratory.
(3) On large, solid objects: if practical, send the whole object to the laboratory. Any areas containing dry stains may be covered with paper and the edges sealed down with tape to prevent loss or contamination.
If impractical to deliver the whole object to the laboratory, scrape the stain onto a clean piece of paper which can be folded into a bindle and placed into an envelope. Scrape blood from the object using a clean knife or similar instrument. Wash and dry the instrument before each stain is scraped off so no cross- contamination with traces of blood will occur. Seal and mark the container.
(4) Do not mix separate dried stains. Place each stain in a separate container.
(5) If the stain cannot be removed in any other manner, use a piece of clean gauze dampened with distilled water to absorb the stain. Make a similar swab of an unstained area. Dry the gauze pads or swabs, place in separate envelopes, seal and mark the container.
b. Semen Stains
Semen is the male reproductive fluid. It normally contains spermatozoa, which are reproductive cells, as well as other substances. It is possible to identify dried semen by either chemical tests or with the use of a “black light”.
(1) Seminal stains are often, but not always, found on clothing, blankets, sheets or other materials in rape and other sex offenses. When they dry they may have a stiff, starchy feel and can often be located by the sense of touch.
(2) In sexual assault cases, the victim should always be examined by a physician and a specimen taken. The laboratory can examine such specimens for seminal fluid. Oral, vaginal or anal specimens can be submitted as smear, swabs or aspirates. A timely collection of these specimens is essential since bacterial action rapidly destroys the sperm cells. Refer to the Sexual Assault Kits guidelines for collection and storage instructions.
3-4 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three
(3) Submit all suspected stained materials to the laboratory. If possible, always include the panties, underwear and other clothing from the victim. All garments should be packaged separately. Packages containing the victim’s clothing should always be kept separate from those containing the suspect’s clothing.
(4) Label all garments or other items submitted.
(5) If damp, do not heat stained material or place in bright sunlight to dry. Hang clothing and similar articles in a designated drying room or locker.
Caution: If not completely dried before packaging, decomposition will occur which may prevent complete testing.
(6) When the stain is dry, label the item, roll it in paper or place in a paper bag, seal and label the container. DO NOT PLACE STAINED OBJECTS INTO PLASTIC BAGS.
(7) Under special circumstances, seminal stains may be suitable for DNA analysis, ABO or other blood group testing and classification.
c. Hair
Although hair is a frequently encountered type of evidence, its value for suspect/victim identification is limited. It may be able to provide (1) the race of the owner and, (2) evidence establishing if the hair fell out naturally, was pulled, cut or crushed.
(1) If hair is firmly attached, such as in dry blood or caught in metal or glass, leave it in place and do not attempt to remove it. If the object is small, mark and seal it in an envelope. If the object is large, cover the area containing the hair and apply a protective layer of paper to prevent loss or contamination of the hairs during transport.
(2) Recover all hair present. Place the hairs in a vial or paper envelope with sealed corners. Do not mix samples recovered at different locations. Label and seal the container. Never use gummed tape to pick up hairs and do not wash or clean them.
d. Sexual Assault Kits
3-5 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three Medical personnel will utilize the sexual assault kit supplied by the Police Department of C3I, treatment, preservation and disposition of evidence. The investigating officer is responsible for the chain of custody of the kit and shall log it into evidence after receiving it from the medical facility.
Preservation and disposition of physical evidence shall conform to the following procedures:
(1) If blood or other biological fluids are taken, they may need to be refrigerated or frozen as appropriate.
(2) All swabs and slides shall be air dried prior to packaging.
(3) All items of evidence, including laboratory specimens, shall be clearly labeled as to the source and identity of the collecting person.
e. Blood and Urine
(1) Blood and urine samples are collected, labeled and placed in a sealed envelope by a technician and/or the investigating officer.
(2) All whole blood and urine samples shall be placed into the temporary storage refrigerator.
2. Fibers and Thread Evidence
Clothing, rugs, blankets, curtains and other articles of fabric may contain fiber or thread material that can potentially be valuable evidence that may be overlooked.
a. Complete threads or long fibers can frequently be collected with the fingers or tweezers. They should be packaged in plastic envelopes, glass or plastic vials. Do not place loose fibers directly into mailing envelopes or other paper containers since they are difficult to locate in the laboratory and the paper itself may contain fibers.
b. If the fibers are short, few in number or firmly adhering to an item, attempt to remove the complete item containing the fiber evidence and place it in a plastic envelope. The fibers may be more readily located and removed from such items by the laboratory.
c. Avoid picking up fibers on gummed tape unless no other method for recovery of the evidence is available.
d. Whenever thread or fiber evidence is recovered, submit to the laboratory for comparison purposes all clothing of persons from
3-6 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three whom the evidence might have originated. Extreme care must be taken to keep all articles of clothing and other objects separate. Each garment should be packaged separately in paper bags.
e. Fabric impressions which may contain embedded fibers are occasionally found in a variety of cases. If the area containing the impression cannot be conveniently submitted to the lab, a photograph should be taken of the area.
3. Paint
Paint is a common type of physical evidence encountered and can prove to have significant evidentiary value.
a. Keep all samples collected in separate containers.
b. If the sample is very small or difficult to remove, the complete item should be sent to the laboratory.
c. If the complete item is not sent to the laboratory, always scrape or otherwise remove samples of all layers of paint or other material present.
d. Paint samples or scrapings should be packaged in small glass vials or plastic bags; however, they may also be placed on sheets of white paper, folded, and then sealed to prevent loss.
4. Glass
Windows or other items made of glass which are broken can frequently provide valuable evidence.
a. Shoes, clothing and other items which may contain glass fragments should be marked and packaged separately to avoid cross-contamination.
b. Place small glass fragments in envelopes or pill boxes, seal and mark the container.
c. Larger pieces of glass can be wrapped in tissue or other type of paper, and then placed in bags or boxes to prevent breakage or other damage to corners.
5. Soil
The comparison of soil or dried mud samples has the potential to be of value in some criminal investigations.
a. Firmly Attached Soil Samples
3-7 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three (1) If the soil is firmly attached (such as mud on a shoe), do not attempt to remove it. If practical, place the item in a bag or other appropriate container, mark and completely seal the container so no loss of the specimen can occur.
b. Loose Soil on Clothing
(1) If the soil is loose, shake it all out onto a clean piece of paper. Then, fold the paper to enclose the dried soil and place in a plastic envelope or other container which can be sealed completely.
c. Soil on Other Objects
(1) When recovering loose soil or mud from the street or building, pick up and place the dried sample in a plastic bag, jar, box or other appropriate container, seal and mark. When possible, the sample should not include other obvious contaminating material.
d. Prevent Contamination
(1) Care must be taken to prevent contamination or loss of samples during collection and transportation. Always place samples in sealed plastic or glass containers, if possible. Avoid using paper envelopes as they can leak. If boxes are used, line them with clean paper and seal the box.
e. Damp Soil
(1) Always dry out damp soil specimens or moist objects containing soil or mud prior to packaging (use the evidence drying room).
6. Tool Marks
Tool marks may be encountered in a variety of crime scenes. The evidence consists of abrasions or impressions created by a tool against an object at the crime scene. These impressions will conform to identifying marks on various types of tools found in the possession of the suspect.
a. Preservation and Packaging of Tools
(1) All areas on recovered tools which contain transferred paint, building materials or other contamination should be wrapped in plastic so that such substances will not be lost. After marking, tools should be packaged to prevent the prying blades or cutting edges from contacting any other surface or object. Care should be taken that no
3-8 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three tape is placed on the mark or questioned area of the tool when packaging.
b. Make No Tests with Tools
(1) Attempts should never be made to fit tools into questioned marks or to make test marks prior to laboratory examination.
c. Preservation of Tool Marks
(1) Whenever possible, collect and submit the entire object containing tool marks to the laboratory rather than just removing the area containing the mark.
(2) If it is impossible to collect and submit the whole object to the laboratory, remove the tool mark itself. In such cases care should be taken to prevent any damage or alteration of the questioned mark. Always cut off sufficient surrounding material so that no damage will occur. A photograph showing the original location of the mark and its relation to its surroundings should accompany any removed mark.
(3) Mark the object containing the tool marks in some area where the questioned impression or abrasion will not be damaged.
(4) Package the object containing the tool marks so that no alterations or damage will occur during collection or transportation.
7. Firearms Evidence
Firearms are involved, collected and retained in a significant number of criminal and non-criminal cases. Due to the very nature of these items, extreme care must be taken to ensure the safe handling of the weapon and preservation of its evidentiary value.
a. Firearms
(1) NEVER PLACE A LOADED FIREARM INTO AN EVIDENCE STORAGE LOCKER.
Exception: If the weapon cannot be unloaded due to a mechanical defect (jammed) or the investigating officer is unaware of how to unload it.
In this event, the officer shall attach a warning note to the weapon indicating the weapon is loaded.
3-9 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three The Property Officer shall then make arrangements to have the weapon unloaded (via department rangemaster, armorer or other qualified personnel) prior to placing the weapon into storage or transporting it to the laboratory.
(2) Unfired cartridges may be left in the magazine provided the magazine is removed from the gun. Weapons should be unloaded ONLY after noting the position of the safety, bolt, breechblock, hammer, cylinder, magazine, etc.
(3) Magazine-fed weapons:
DO NOT touch the sides of the magazine as this may destroy latent prints. DO NOT unload the weapon by working the ammunition through the slide assembly.
(4) Revolvers:
Note the position of the loaded chambers, empty chambers, chambers containing fired casings, and chambers containing unfired cartridges with the primers having been struck by the firing pin.
(5) NEVER pick up a weapon by placing a pencil or other object into the end of the barrel.
(6) NEVER attempt to test fire a firearm before it is examined, and then only at an approved range by qualified personnel.
(7) NEVER clean the bore, chamber or cylinder before submitting a firearm into evidence.
(8) If blood or other material of interest is present on the muzzle of the gun, place a small paper bag over the muzzle and seal it to the barrel with tape to prevent loss of the sample.
(9) If a firearm needs to be processed for further evidence, it should be placed in a box.
(10) The firearm shall be marked for identification after fingerprint examination; however, weapons SHALL NOT be defaced by such markings.
(11) All firearms in the custody of the Police Department should be handled with care so as not to damage the stock, metal surfaces, or the operating mechanisms.
3-10 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three (12) Firearms shall be tagged and logged into evidence separate from all other evidence (magazines, ammunition, holsters, etc.).
b. Ammunition
(1) Ammunition MUST be unloaded from the firearm before it is logged into evidence.
(2) Unfired ammunition may be marked on the side of the cartridge case, nearest the bullet.
c. Bullets
(1) Mark the bullet on the base or nose. NEVER mark a bullet on or near the rifling markings on the sides. If the bullet is too small to mark, seal it in a container and mark the outside of that container.
(2) DO NOT attempt to clean recovered bullets before sending them to the laboratory, except in the case of bullets removed from a body. The latter may be washed off with running water and dried by blotting with a soft, dry towel.
(3) Handle fired evidence bullets as little as possible to prevent damage to the ID characteristics in the rifling markings or loss of material adhering to the bullets. NEVER use forceps or other tools to handle bullets.
(4) Wrap each bullet separately in tissue or other paper to prevent damage to the rifling markings by contact with other evidence.
(5) Package wrapped bullets in envelopes, pill boxes or other appropriate containers, label and seal.
d. Cartridge Casings
(1) Mark cartridge casings on the inside of the open end, if possible. Cases may be marked on the outside near the open end, but care must be taken not to damage ejector marks or other markings that may be present. NEVER mark on or near the primer end of the casing. When in doubt, seal the cartridge in a marked container.
8. Dangerous Weapons (Knives, Clubs, Stun Guns, etc.)
a. NEVER submit a charged Taser, Stun Gun or other type of electronic weapon or device that could accidentally be activated
3-11 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three or discharged. Remove or disconnect the battery(s) from the unit prior to entering into evidence.
b. ALWAYS package sharp objects in a “Sharps” container to avoid injury to the person handling the item. If the item is too large to place into a standard container, cardboard, paper, styrofoam or other suitable material should be wrapped around the cutting edge or point.
9. Controlled Substances
Special precautions must be taken when handling known and unknown substances believed to be narcotics. All presumptive tests should be conducted outdoors or, when indoors, under a fumigating hood with the fan activated. All employees are encouraged to wear protective gloves or use forceps when handling all suspected drugs.
a. Items for examination should be packaged and marked separately.
b. Needles should ALWAYS be capped and placed with the needle facing down in a plastic tube to prevent accidental injury to persons handling the item.
c. Officers submitting suspected controlled substances are responsible for examining, field testing, packaging and requesting laboratory analysis.
(1) To avoid molding, fresh plant material (such as Marijuana) should not be packaged in plastic bags. It should be packaged in paper bags or in an envelope after it is air-dried.
d. When seizure of a clandestine laboratory is planned, the ATF and the Fire Department Hazardous Materials Unit should be consulted as to the proper handling, method of collection and other safety precautions.
10. Hazardous Materials/Devices
a. NEVER transport or store in or about the Police facility any unexploded (or suspected unexploded) device.
NEVER transport or store in or about the Police facility any Class A explosive such as dynamite, desensitized nitroglycerin, large quantities of fireworks or more than one pound of black powder.
(1) Contact the fire marshal to examine, dismantle, transport or dispose of any explosive device or quantity of explosive material.
3-12 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three b. All hazardous materials, after being packaged in the appropriate container, shall be transported to and placed into the Hazardous Materials Storage Locker located in the garage of the police facility. The Property Officer will collect it at a later time and store it in an appropriate location. The Property Officer must be notified in person, or via e-mail, that such material has been stored in the Hazardous Materials lockers.
c. All evidence recovered from an exploded device should be photographed as found prior to removal, collected and packaged in separate containers, marked and stored in the Hazardous Materials Storage Locker.
d. All flammable liquids from an unused fire bomb (or after it has burned out) must be sealed in a metal container then stored in the Hazardous Materials Storage Locker.
e. When flammable liquids are collected, they must be secured in containers to eliminate the risk of fire or explosion. Only small quantities of fluids will be retained as evidence (no more than 2 oz.).
(1) Samples of volatile fluids found in open jars or cans should be poured into clean metal or glass containers, and then completely sealed to prevent any loss or contamination of the sample.
(2) The Fire Department will respond to all arson scenes and assist with expertise and equipment for the appropriate collection, packaging and storage of flammable liquids and other relevant evidence.
f. Contact the Fire Department Hazardous Materials Unit prior to collecting, transporting and/or storing any acids and corrosives needed as evidence. They shall be packaged in the appropriate container and placed into the Hazardous Materials Storage Locker.
g. All fireworks will be transported to and stored in the Hazardous Materials Storage Lockers in the garage and the Property Department will be notified in person or via e-mail.
11. Money
All monies collected and logged into the property locker shall be itemized by denomination and quantity using the approved money form. Any monies that may be available for permanent seizure or conversion will be photographed, or photocopied, according to Maryland Law. This states that individual denominations will be photographed together separately from other denominations) and the serial numbers will be visible.
3-13 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three 12. Jewelry
a. Package jewelry items individually in an envelope or bag as appropriate. These items should be photographed and the photographs attached to the computerized report.
b. Officers submitting large quantities of expensive jewelry or gemstones should notify the Property Officer requesting that additional security measures be taken such as storage in the Department’s safe.
13. Photographs
The Investigating Officer’s first step in the investigation of any major crime is to photograph completely and accurately all aspects of the scene before any items of evidence are removed or disturbed.
a. All photographs prints and outside agency requests, are handled as evidence.
b. Officers submitting developed photographs (including photo line-ups) will be entered into evidence using appropriate procedures and guidelines as established.
14. Bicycles
a. All bicycles, or portions thereof, that are retained by the Police Department will be transported to and placed into the garage of the police station in plain view. All bicycles will be tagged in the handlebar area, not wheels, with the tags to include the officers ID number, report (IR) number, and the date acquired. A Chain of Custody for will be filled out and signed in the appropriate places for every bicycle and the Chain of Custody form will be placed in the Property Mail Slot provided in the E-van area.
(1) Different levels of security for the storage of bicycles may be utilized dependent on the property classification of the bicycle (Evidence vs Found Property).
15. Motor Vehicles
a. Motor vehicles SHALL NOT be logged into evidence or stored in the bicycle locker or any other portion of the police facility. Motor vehicles requiring retention shall be transported and stored by approved towing companies who maintain secure storage lots.
Note: Vehicles may be temporarily stored at the police facility for short durations to facilitate vehicle examination and/or evidence processing.
3-14 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Three b. Motor vehicles retained as evidence requiring long-term storage such as homicides, fatal traffic accidents or serious hit and runs :
c. The keys shall be placed into evidence or given directly to the Property Officer.
d. Vehicle subject to seizure by the department due to their use in CDS trafficking will be stored at the Sewage Treatment plant using the procedures already established. There is an officer designated for the appropriate disposal and conversion of motor vehicles, and he will be notified according to procedure.
16. License Plates
Maryland license plates are the property of the Maryland Motor Vehicle Administration. The public is permitted to use the license plate when the annual fees have been paid.
a. License plates that are EVIDENCE of a criminal offense or otherwise retained for the purposes of prosecution shall be logged into evidence per established procedures.
b. FOUND PROPERTY license plates may immediately be returned to the owner or logged into the property room. The Property Officer is responsible for returning the plates to the MVA. If the items are immediately returned, the officer(s) will obtain a receipt.
c. An effort will be made to return out of state plates to identifiable owners; however, unclaimed plates will be destroyed after thirty (30) days if an owner is not identifiable; or, if the owner makes no effort to retrieve the tags.
17. Alcohol
a. Open containers of alcohol shall not be logged into the property room. The contents should be poured out at the scene, in an appropriate manner, by the investigating officer who will then describe the condition of the container and its contents in the police report.
b. Avoid booking into evidence large quantities of alcoholic beverages. In rare situations when a sample of the evidence is necessary for prosecution, retain one unopened container (bottle, can, etc.), photograph, and destroy the remainder.
3-15
CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Four I. TEMPORARY STORAGE FACILITIES
After property is marked for identification and packaged to avoid loss or contamination, an evidence tag shall be attached to the envelope or other container. The property, accompanied by a Property Report, will then be deposited into one of the following appropriate temporary secure storage areas.
A. Metal Storage Lockers
Individual metal property lockers are located in Report Room 3 in the officers’ common areas on the first floor. Once these lockers are closed, the officer should padlock the locker with the padlock provided. After these lockers are locked they should be accessible only by property room personnel.
B. Bicycles
1. All bicycles, or parts thereof, shall be temporarily stored in the garage in a visible easily accessible location. These bicycles must be tagged and a signed Chain of Custody form generated and signed. Bicycles that require additional processing should have a sign placed on them so stating. The property Officer should also be notified (in person or via e-mail) as soon as is reasonably possible. The storage of bicycles will be addressed in the Evidence Storage Manual.
2. Larger items of property such as tires, ladders, air compressors, heavy machinery, etc. may be temporarily stored in the garage utilizing the same procedure used for bicycles.
3. The Chain of Custody log for any item stored in garage should be put into the Property Mailbox in the E-van/complaint desk location. DO NOT LEAVE CHAIN OF CUSTODY LOGS IN THE GARAGE ATTACHED TO THE BICYCLE(S).
C. Refrigerator/Freezer
1. A refrigerator/freezer is located in Report Room 3. Items that need to be refrigerated or frozen can be placed into this temporary locker or be given directly to the Property Officer during normal business hours. The refrigerator/freezer has an attached hasp and padlock. Any item placed in this storage facility should be locked in to maintain chain of custody until it is retrieved by the Property Officer.
2. The Chain of Custody log, and any MSP property forms for all evidence stored in the refrigerator/freezer shall be left in the Property mailbox in the E-van/complaint desk room.
4-1 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Four D. Hazardous Materials Storage Locker
1. Hazardous materials storage lockers are located against the outer wall of the garage.
2. All flammable materials placed in the hazardous materials storage lockers must be stored in the appropriate containers prior to being secured in the locker.
3. Fireworks shall be stored in a hazardous materials storage locker; however, FIREWORKS SHALL NOT BE STORED IN THE SAME LOCKER WITH ANY FLAMMABLE LIQUID OR MATERIAL.
4. The Chain of Custody log, and any MSP property forms for all evidence stored in the hazardous materials storage lockers shall be left in the Property mailbox in the E-van/complaint desk room.
II. PROPERTY ROOM COLLECTION, INVENTORY & STORAGE
A. Property Collection
1. On a daily basis, the Property Officer or assistant shall inspect all metal storage lockers, the garage, the refrigerator/freezer, and hazardous materials lockers and remove and process all property submitted.
2. The Property Officer or assistant shall also;
a. Collect and retain all Chain of Custody logs, MSP Property Forms, and any other appropriate forms applicable to stored property.
b. Make the appropriate entries into the property log.
c. Conduct evidence processing and transfer as requested,
d. Store each item in the designated location in the property room or alternate approved location.
e. Arrange for transportation to the laboratory for examination as required,
3. Property room personnel shall arrange for the permanent storage, transfer, or disposal of all items temporarily placed into the hazardous materials and bicycle lockers.
B. Property Inventory
Every item that is submitted into the property system must be accounted for. This process begins at intake.
1. The Property Officer or assistant will compare items listed on the property form with those actually found in temporary storage. If any item is discovered missing, the Property Officer will immediately notify the submitting officer and/or supervisor.
4-2 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Four
2. If the missing item(s) cannot be located, the Property Officer will notify the Officer of the Day, in person or via e-mail, explaining the circumstances surrounding the missing property. A copy shall also be forwarded to the employee’s Shift Supervisor.
3. All property connected to the case will not be processed until the missing item(s) are found or the discrepancy has been corrected.
C. Improperly Submitted Property
1. Every item submitted into any of the temporary storage locations is expected to be done so in a safe and thorough manner consistent with these guidelines, other Department policies, and the Evidence Packaging Manual.
2. The Property Officer has the authority to refuse acceptance of any item of property submitted in an unsafe, incomplete, or otherwise improper manner as defined in this manual and in the Evidence Packaging Manual.
Note: Property room personnel SHALL NOT accept any money or controlled substances in which the envelope, packaging or container has been opened, tampered with, or otherwise improperly submitted.
The Property Officer shall, as soon as practical, notify the employee submitting the item, or the employee’s supervisor, who shall immediately cause the problem to be corrected.
3. A breach in safety protocol will be corrected immediately...NO EXCEPTIONS!
D. Property Storage
The following types of property and evidence shall be stored separately and according to the listed guidelines. Other miscellaneous types of property may be stored separately as determined by the property manager.
1. Firearms
a. The Property Officer shall store all firearms in containers (boxes) specifically designed for handgun, rifle and/or shotgun. Exceptions can be made for those weapons which, due to size or other considerations, are not compatible for storage in such containers.
b. The Property Officer shall segregate the storage of all firearms from other types of property retained by the Department. All firearms, REGARDLESS OF PROPERTY CLASSIFICATION, shall be stored within the weapons locker located adjacent to the property room. This weapons locker will be locked at all times unless property is being stored, removed, inventoried or inspected.
4-3 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Four c. In all cases when a firearm is to be released the Property Officer shall be notified and shall conduct a criminal history check of the person who is to receive the weapon. This will establish that no restrictions exist preventing release of the firearm to that individual. Additionally, the firearm shall be checked in the Automated Firearms System (AFS) by the appropriate investigative personnel to confirm it is not reported as stolen.
2. Substances
a. The Property Officer shall segregate the storage of all drugs and narcotics from other types of property retained by the Department. All controlled substances, REGARDLESS OF PROPERTY CLASSIFICATION, shall be stored within the locked narcotics locker located within the property room. This locker will be locked at all times unless property is being stored, removed, inventoried or inspected.
b. The Property Officer shall not open any sealed container containing any controlled substance or suspected controlled substance for the purpose of counting, verifying, testing, weighing or any other purpose other than as may be necessary to facilitate the transportation and/or destruction of that item.
3. Currency
a. Large quantities of cash, amounts over $200.00 should be transferred to the City Finance Department and placed into an interest bearing account pending the final disposition of the money. These monies should have been counted (with witnesses) and photographed or photocopied prior to deposit according to procedures as defined in the Evidence Packaging Manual.
b. The Property Officer shall not open any sealed container containing money for the purposes of counting or verifying the contents other than as may be necessary to release the contents to the rightful owner or to transfer the money to a financial institution.
c. Negotiable stocks, bonds or bank securities should also be secured; however, no value will be assigned.
4. Found Property
a. The Property Officer shall segregate the storage of all items classified as “Found Property” from other types of property retained by the Department. No additional security or safety measures are required unless that property is controlled by other restrictions listed in these guidelines.
5. Property Held for Safekeeping
4-4 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Four a. The Property Officer shall segregate the storage of all items classified as “Safekeeping” from other types of property retained by the Department. No additional security or safety measures are required unless that property is controlled by other restrictions listed in these guidelines.
6. Homicides
a. The Property Officer shall store all items of evidence associated with a homicide case together, unless that evidence requires storage elsewhere to facilitate the additional security or safety measures required by these guidelines.
b. All property/evidence from homicide or other violent felony cases shall be segregated from other types of property retained by the Department. These items will retained permanently unless destroyed by direct (written and signed) order form the Chief of Police.
7. Hazardous Materials
a. The Property Officer is responsible for the transfer and storage all hazardous materials in containers designated for that purpose.
b. The Property Officer shall segregate the storage of all hazardous materials from other types of property retained by the Department. All hazardous materials, REGARDLESS OF PROPERTY CLASSIFICATION, shall be stored within a hazardous materials storage locker, clearly marked and designed for the storage of flammable materials.
8. Motor Vehicles
Motor vehicles SHALL NOT be stored in the any portion of the police facility not specifically designated.
a. Motor Vehicles may be temporarily stored in the police garage to facilitate processing for evidentiary purposes. Once the processing has been completed, the vehicle is to be removed to either a tow service storage facility or the storage facility (Sewage Treatment Plant) where vehicles are stored prior to permanent seizure. The removal shall be the responsibility if the Shift Supervisor, and/or the officer assigned to do vehicle seizures.
9. Photographs
a. The Cumberland Police Department has made the switch to digital photography and photo files generated by departmental digital cameras are to be attached directly to the appropriate (IR) report for later retrieval and printing as necessary.
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b. In the event that actual paper photographs are acquired in the course of an investigation, the number and nature of the photos will be noted in the Investigation (IR) Report and the photos will be transferred to Central Records to be stored in the case file maintained there.
10. Miscellaneous
a. Nothing in this manual shall prevent the Property Officer from further segregating/organizing property as deemed necessary or desirable for the efficient operation of the property function.
E. Computer Entries
1. Computerized Property System
a. The investigating officer shall enter all property that comes into the possession of the Cumberland Police Department and is to be retained for any length of time. Property being retained, disposed of or released should be entered as soon as possible.
(1) Information entered into this system shall minimally include:
• Type/Description of property • Quantity • Case number • Officer submitting property • Disposition notes
b. The Property Officer shall update the status of all property retained in inventory as necessary.
c. The Property Officer shall also retain a complete “hard copy” file on each piece of property. The “hard copy” will consist of the printed, signed, Chain of Custody log (and any additional forms associated with the property) as a back up to this computer system and to facilitate regular inspections, audits and inventories.
d. Property room personnel are the only persons authorized to input, alter, or modify records in the computer system.
III. FACILITIES SECURITY & HOURS OF OPERATION
A. Access
1. Access to the Property Room and all other temporary or long-term property storage areas is restricted to the Property Officer, Chief of Police, and personnel assigned to the Property Room. The
4-6 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Four Chief of Police may authorize after-hours entry to the Property Room when necessary.
2. Department personnel shall not enter property storage areas unless escorted by Property Room personnel.
3. Property or evidence can only be removed from its storage location by the Property Officer or the authorized designee.
4. The doors, gates, or other closure devices to any storage area must be secured whenever the Property Officer or Property Room personnel leave or are not present.
5. Normal business hours for the Property Room are weekdays, 0800- 1200 and 1300-1600 hours, excluding holidays.
6. Telephone voicemail will receive all incoming calls whenever the Property Room is unattended or when Property Room personnel are unavailable.
B. Key Control
1. All keys to the Property Room and other secured storage areas are to remain under the control of the Property Officer and the Chief of Police.
2. The duplication or unauthorized possession of keys to secured property storage areas is strictly prohibited and is subject to disciplinary action.
3. The Chief of Police shall maintain a complete set of keys, safe combination, alarm code, etc. as a backup for Property Room personnel.
4. Property Room personnel are strictly prohibited from relinquishing Property Room keys, combinations or alarm codes to anyone other than authorized personnel.
5. When Property Room personnel change assignments or leave the Department, the Chief of Police or his Deputy shall ensure that all locks, combinations and codes are changed.
6. New locks shall be installed in the event that a key is lost or security is otherwise compromised.
7. It is Department policy that only personnel assigned to the Property Room, and the Chief of Police will possess keys, combinations and alarm codes.
C. Alarms and Other Security Systems
4-7 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Four 1. The main Property Room is protected by a key card locking system that is monitored by the Information Technology Department of the City. Access codes are assigned to authorized personnel only and changed as required.
2. Other alarms and security measures may be added at some future time. Should any further systems be employed, it will be the responsibility of the Property Officer to test them to verify that the security systems are active at the appropriate times and that any unusual behavior or failure to properly operate are reported to the Chief of Police and the appropriate repair personnel.
4-8 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Five I. PROPERTY & EVIDENCE RELEASE GUIDELINES
A. Authorized Persons
1. The following persons may authorize the release of property that has been placed in the Property Room under the provisions of this manual.
a. The investigating officer, assigned investigator, or the investigator’s supervisor.
b. The Property Officer or his/her assistant
c. Any person authorized by the Chief of Police
d. A sitting Judge
e. The State’s Attorney’s Office
B. Release Authority
1. All evidence or property collected in homicide cases will be stored permanently. Property/evidence may be released; however, if the following conditions are met:
a. All court action involving all suspects must be final and the State’s Attorney’s Office must approve the release.
2. In felony cases where there are no suspects or leads evidence will be maintained for a period no longer than the statute of limitations.
3. In misdemeanor cases where there are no suspects or leads, evidence will be maintained for a period no longer than one year. If after one year, there are no suspects or leads, the evidence will be disposed.
4. Any felony or misdemeanor case involving property whereby the State’s Attorney approves disposal/release of evidence in the interest of justice prior to the expiration of the statute of limitations.
a. Any property/evidence that has been retained or has been requested to be retained for civil litigation shall not be released or destroyed without prior approval of the Chief of Police, or his Deputy. In cases where the City of Cumberland is one of the involved parties in the civil litigation, the City Attorney will be contacted prior to the release or destruction of that property.
C. Disposition of Evidence
For the purpose of determining the disposition of property, it will be necessary for Property Officers to obtain access JIS (Judicial Information System) computerized records keeping system. Records of the status of each case for
5-1 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Five property has been collected can be viewed from within this system by state tracking number, or the local courts case number. It will be necessary for the Property Officer to verify the availability of property for destruction using this system.
1. Regular Review
a. Once a piece of evidence has been collected and stored, the officer collecting the evidence bears responsibility for it and it may be destroyed only upon notification to the officer. Once the officer indicates that the property may be disposed because the adjudication of all persons has been completed, the Property Officer will place the Property (IR) and item numbers on a list of property for possible destruction or return. The receipt issued at the time of collection will have specified that the owner of the property has thirty days from the date of final adjudication in which to initiate a request for any such property’s return. If a request is received in that time period, and no appeal has been filed in the case (verifiable through the JIS system); then, the property will be returned to the person from who it was collected and to whom the original receipt was issued. Upon return of any properties, a receipt will be obtained and stored with the Chain of Custody log.
b. If the evidence is not attributable to a specific person, other than the collecting officer, as for example a found cigarette butt, the item may be destroyed without the additional thirty day wait.
D. Disposition Instructions (Non-evidence)
1. Found Property
The investigating officer will attempt to determine and contact the owner(s) of found property at the time the property is recovered. The Property Officer will attempt to contact the owner(s) upon receipt and storage of the property.
a. When the owner has been identified, that person will be called on the telephone or notified via mail instructing them to contact the Property Officer to schedule an appointment to claim their property.
b. The owner will be given 30 days to establish ownership and claim the property.
c. If the property is not claimed, it will be offered to the finder (unless the finder is a City of Cumberland employee). The claimant will be given 30 days to claim the property. Exception: Found firearms will be destroyed.
5-2 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Five The Property Officer will notify the finder requesting them to schedule an appointment to obtain the property. The finder will have thirty days in which to make arrangements to collect the property; or, the police department will consider the property abandoned and dispose of it according to procedures.
d. All unclaimed property will be auctioned, sold, disposed of, or transferred for departmental use.
e. Release to Finder - The finder must present satisfactory evidence of identification and must sign to acknowledge receipt of the property to them. The receipt will be attached to the Chain of Custody log and any other pertinent forms.
2. Safekeeping
Property that is being held for safekeeping shall be returned to the legal owner upon request or by legal mandate. Property (excluding firearms) not claimed within 30 days shall be considered intentionally abandoned by the owner and will be disposed of as appropriate.
a. Firearms collected for safe keeping will be held for thirty days. The Property Officer shall do the following upon receiving a firearm taken for safekeeping:
(1) Conduct a criminal history check on the owner or person from whom the weapon was taken. If the owner is not legally entitled to the weapon under the provisions of Maryland law, it will be destroyed. The firearm shall not be released to the owner if they have a conviction for any offense of Domestic Violence or are a convicted felon as specified in Maryland law. That firearm shall be disposed of according to law.
(2) Arrange to have an investigator conduct a check on the firearm through the established automated systems to determine if it has been reported stolen. If stolen, an attempt will be made to return the firearm to the rightful owner. If the owner cannot be found, the weapon will be destroyed after any resulting upon court adjudication.
(3) Complete a firearm release request and forward to the investigating officer for approval to release.
(4) Upon return of the release form, the Property Officer will notify the owner by mail or telephone to schedule an appointment for release of the weapon.
(5) Release the weapon to the owner.
5-3 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Five The owner must present a photo ID and provide proof of ownership if requested.
The owner must sign the property report.
The property report is removed from the property file if there are no additional items of evidence connected with the case, and forwarded to Records for filing in the original case.
(6) All other types of property held for safekeeping shall be returned to the owner as soon as possible.
3. Recovered Property
Property may be released by the Property Officer to the rightful owners prior to the conclusion of a trial under the authority of a court order, upon the written authorization of the representing State’s Attorney, or as otherwise provided by this manual.
a. Prior to release, a picture of the property will be taken by the property officer, unless the property has already been photographed.
b. The investigating officers may make a determination to release stolen/recovered property to its rightful owner when they recover it. When an officer returns such property, he/she must complete a property release form itemizing the property to be released and forward it to the Property Officer. This form can be generated from within the computerized reporting system.
(1) The person receiving must present a photo ID.
(2) The person must sign the property release form.
(3) The Chain of Custody log and release forms are forwarded to Property to be archived.
4. Court Releases
a. When the Property Officer is contacted by the person needing evidence for court, the item(s) needed shall be pulled from its storage location and released
(1) In all cases, the person who receives the property must present a photo ID.
5-4 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Five (2) The Chain of Custody log report must be signed by the person accepting the property.
III. INTERIM RELEASE OF PROPERTY GUIDELINES
To facilitate the need for officers to temporarily remove evidence from the Property Room for further investigation, examination, court, etc, the following procedures have been established:
A. The officer will notify the Property Officer via e-mail or in person (phone call) at least 24 hours (weekends and holidays excluded) in advance of when the property will be needed.
1. On rare occasions during exigent circumstances, property may be released to the officer with less prior notification; however, these requests should be kept to a minimum.
B. Officers checking out evidence for court will be required to sign and date the chain of custody form for all evidence released.
C. Officers shall immediately return all evidence to the Property Room, unless held by the court.
D. Property shall be repackaged or resealed as necessary to ensure the integrity of the item.
E. The Property Officer shall track evidence check out for court and its return. After 72 hours, notification shall be given to the officer who has not returned the property.
F. Officers who leave property in the custody of the court, must obtain a receipt from the court and forward it to the Property Officer. If a receipt can not be obtained, the Property Officer should be informed that the court has taken custody, and the Investigation Report (IR) should be updated with that status.
IV DISPOSAL GUIDELINES
A. Property held by the Police Department shall be disposed of in a manner as provided for by policy. The policies, rules and regulations are not meant to supersede any statutory requirements and in all cases, the department will make reasonable efforts to determine any governing laws and follow them.
B. When there are two or more defendants involved in a criminal case, property will not be disposed of until all defendants’ trials have been concluded.
1. Property shall not be disposed of until the period for appeals has closed and all appeals have been concluded.
5-5 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Five 2. The Property Officer shall not dispose of property until the end of the time period established by department policy for holding the item; e.g., found property, safekeeping.
3. If the person from whom custody of the property was taken is a secondhand dealer or licensed pawnbroker, and if the owner of the property cannot be located at the end of the criminal proceeding, the property shall be returned to the secondhand dealer or pawnbroker.
4. In all cases where property is destroyed, records shall be meticulously kept. The Chain of Custody log will be updated.
C. Destruction of Property Pursuant to a Court Order
1. Property will be destroyed as instructed in the court order.
D. Disposition of Property to be Destroyed
Property of little or no auction value can be disposed of in an appropriate trash receptacle except as otherwise directed below:
1. Metal object can be placed in a scrap metal container for recycling.
2. Papers of a sensitive nature will be shredded.
3. The contents of alcoholic beverage containers will be poured down the drain before disposing of the container in the trash.
4. Property of value (except firearms, money, ammunition, controlled substances and hazardous materials) will be sold at auction or designated for department use.
5. Pursuant to statutory requirements, firearms will be destroyed, sold, auctioned, or designated for department use.
6. Ammunition will be disposed of through pre-approved, designated agencies or designated for department use.
7. Controlled substances will be burned or otherwise disposed of as a hazardous waste material. Narcotic paraphernalia will also be disposed of as a hazardous waste.
8. Hazardous materials will be disposed of through an authorized, pre- approved hazardous waste disposal firm.
9. Knives, clubs, BB or pellet guns or other dangerous weapons will be destroyed by rendering them inoperable and disposing of them in the trash.
5-6 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Five 10. Fireworks will be turned over to the state fire marshal for incineration or detonation. A limited amount of fireworks may be retained for department use in training.
11. All unclaimed money will be deposited in the City of Cumberland General Fund, except rare coins or paper money that will be sold at public auction.
E. Disposition of Firearms
1. Retained for department use
a. The Chief of Police shall authorize all firearms retained for official use by the department. Such authorization shall be in writing and retained in the property file.
b. The make, model and serial number will be recorded on the department’s weapon inventory log maintained by the Personnel & Training Sergeant.
2. Destruction
a. The make, model, serial number and involved case report number is recorded in the property management computer system.
b. Firearms that are authorized for disposal are destroyed as necessary to conserve space and security of the weapon(s).
c. All firearms are inventoried prior to destruction.
d. The property report is updated with the new status.
e. The disposal of all firearms must be done through an approved disposal firm; or, they may be de-milled and photographs of the destroyed firearm attached to the Investigation Report (IR) where the firearm was listed.
f. The Property Officer, or designee, will be accompanied by the Deputy Chief who will transport the firearms to a destruction facility and shall witness the destruction of each weapon.
g. All written documentation of the destruction transaction shall be retained by the Property Officer.
5-7 CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Five F. Destruction of Ammunition
1. Department Use
a. Surplus small arms and rifle ammunition may be retained by the department for official use.
b. Ammunition retained for department use will be transferred to the Training Lieutenant, Rangemaster or CERT Commander as appropriate.
c. The department employee receiving the ammunition shall sign the Chain of Custody log, and the (IR) report will be updated indicating how the ammunition was converted.
2. Disposal
a. Ammunition not converted for department use is to be turned over to the state fire marshal for destruction. The Chain of Custody log and IR must be completed to reflect the disposition of the ammunition.
b. The department employee receiving the ammunition shall sign the Chain of Custody log and obtain a receipt from the fire marshal. The receipt will be attached to the Chain of Custody log.
G. Destruction of Narcotics/Controlled Substances
1. Controlled substances and narcotic paraphernalia will be destroyed by the Property Officer and the Deputy Chief after a determination has been made the case is concluded and no appeal has been filed.
a. Items to be destroyed are pulled from their storage locations and prepared for destruction.
b. The Property Records will be marked destroyed and signed by the Property Officer and the Deputy Chief of Police who witness the destruction. The Property Log will also be updated reflecting the Destruction.
H. Disposal of Hazardous Materials
The disposal of hazardous materials falls under a number of State and Federal statutes. Whenever questions arise regarding the proper procedures for waste disposal, the Property Officer shall consult with the Cumberland Fire Department’s Hazardous Materials Unit for direction and assistance with disposal efforts.
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V AUCTION OF UNCLAIMED PROPERTY
A. Disposition of Unclaimed Property
1. Property that has been found and not claimed within 30 days, can be disposed of by destruction or other acceptable means as directed by the Chief of Police.
2. Unclaimed property, not governed by statute, after being held 30 days from the date the owner was notified to claim the property, destroyed.
a. The Department may donate bicycles for distribution to non- profit organizations within the community (check for local ordinance permitting this) 3. Unclaimed property not suitable for auction, property for which no bids were received at the public auction, perishable goods, property which is inherently dangerous, and property which is contrary to the policy of the Chief of Police to retain, shall be disposed of in an appropriate manner. This section shall not apply to property subject to confiscation or disposition under State or Federal law.
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CUMBERLAND POLICE DEPARTMENT PROPERTY & EVIDENCE MANUAL Chapter Six I. PROPERTY INVENTORIES
It is the policy of the Police Department to receive and safely store evidence, found property and property for safekeeping; and to restore the property to the rightful owner, or otherwise lawfully dispose of the property in a timely fashion. The Department will use the inventory process as a means to ensure the integrity of this policy.
For purposes of this manual, an inventory is defined as a physical inspection and verification of the presence of a property item maintained by the Department against the agency’s records.
A. The Property Officer shall conduct a complete inventory quarterly, anytime a personnel change is made in the property room, or when requested by the Chief of Police.
1. Every item stored in the property system must be accounted for. All property storage areas, rooms and sites shall be included in the inventory process.
2. All packages, containers or property tags shall be inventoried and reconciled.
3. A copy of the Inventory Report shall be completed after each inventory and forwarded to the Chief of Police.
a. This report shall include any discrepancies and list any missing items, after which the Chief of Police, or his Deputy will make a determination if an investigation into the loss is warranted. b. Whenever any firearm, money or controlled substances are discovered missing, the Chief of Police, his Deputy shall immediately be notified and an investigation ordered.
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