NOVATO POLICE DEPARTMENT
PROCEDURE
MANUAL
NPD Procedure Manual Page 1 Rev: 9/7/2020
Table of Contents
A Procedures A01 – Critical Incident/Peer Support Team Response 4 A03 – Special Events Permits 6 A04 – Guidelines for Replacement of Police Department Vehicles 10 A11 – Domestic Violence Community Advocacy Program 12
B Procedures B01 – Shift Changes / Minimum Staffing Levels for Patrol and Technical Services Bureaus 13 B03 – Worker’s Compensation / Injury/Modified Work Assignment / Return to Full Duty 17 B04 – Vacation Sign Up / Time Sheets and Overtime Time Off Slips 19
C Procedures C01 – Property and Evidence Procedures / Photographic Evidence / Crime Guns 25 C05 – Cal Photo System 36 C07 – Generator – Emergency Power 41 C09 – All Points Bulletins (APBS) / Administrative Teletypes / and CJIS/NCIC Entries 45 C11 – APBNet 48 C12 – Armored Rescue Van 52 C13 – At Risk Persons File 56
D Procedures D03 – Nuisance Animal Complaints 57 D04 – Excited Delirum Response 62 D06 – Municipal Ordinance Procedures 66 D07 – Misdemeanor Non-Traffic Citation Procedure 70 D08 – Social Host Ordinance 73 D11 – Mutual Aid Response and County Surveillance Plan 75
E Procedures E01 – Probable Cause Warrantless Arrests 78 E03 – Using the Incident Command System 82 E04 – Medical Examination 83 E05 – Booking Certification and Disposition of Arrest 88
F Pocedures F01 – Permit Application Procedure 91 F02 – CCW License Application and Reporting Procedure 96
G Procedures G01 – Procedures Geverning the Adjudication of Parking Offenses 97 G02 – Terms & Conditions for Rotation Towing 103 G03 – Sobriety Checkpoints 105 G06 – Traffic Citations 113
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H Procedures H03 – Supervised Release File (SRF) and California Sex and Arson Registry (CSAR) 121 H04 – Prioritizing Service Requests 127 H05 – Citizen Crime Report 130 H08 – Department Subpoena Procedures 131 H09 – Alarm Procedure 138
I Procedures I01 – Public Safety Evacuation Alarm 143 I02 – Vehicle Wheel Locking Device 144 I03 – Street Racing/Exhibition Response 146 I05 – Outer Vest Carrier 150 I06 – Video Audit 153 I07 – Blue Team Entry 155
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PROCEDUREPROCEDURE A Procedure s A-01 Novato Police Department
A01 – CRITICAL INCIDENT/PEER SUPPORT TEAM RESPONSE
Department members, in the course of their work, may become involved in critical incidents which can have a significant emotional impact on them and their families. The purpose of this procedure is to establish guidelines for the Novato Police Department’s response to critical incidents. The Department's objective is to keep all employees emotionally, mentally and physically healthy by providing and organizing support services for any Department member who experiences a critical incident.
The Department provides peer support and professional critical incident stress debriefing and defusing services to employees adversely affected by their involvement in a critical incident. Critical incident stress defusing and debriefing services are specialized services intended to prevent the development of emotional problems and to help maintain personal and occupational functioning.
PROCEDURE
1. When a critical incident occurs, any involved member through his or her supervisor may request assistance in processing the event. This may be in the form of a defusing, one-on-one contact, and/or a formal debriefing. Defusing and debriefing are described as follows:
Defusing Defusing meetings are small group meetings which are provided as close as possible to the conclusion of the event. They are aimed at the core working group that was most seriously affected by the event and should be given within eight (8) hours. Defusing are to be conducted by a member of the Department’s Peer Support Team.
Debriefing Debriefing meetings are formal meetings with all personnel involved in a critical incident. The debriefing is conducted by members of a Critical Incident Stress Debriefing Team.
2. The on-duty watch commander in the appropriate chain of command of involved employees is responsible for initiating critical incident defusing or stress debriefing by contacting a Novato Police Department Peer Support
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Team Coordinator or Peer Support Team Member. If appropriate, the Peer Support Team Member/Coordinator will arrange for deployment of the North Bay Critical Incident Stress Management Team which can be contacted via Sonoma County Communications Center at 707-568-5992.
3. If a formal debriefing is deemed to be necessary, it should be completed for involved Department members within 72-hours after a critical incident concludes. A formal debriefing will occur for all Department members directly involved in the incident. Non-Department personnel (Novato Fire, Marin Comm Center, Coroner’s Office, etc.) also directly involved in the response to the critical incident will be invited to attend the debriefing. .
4. The on-duty watch commander will identify the involved persons in a particular incident. The Peer Support Team Member/Coordinator organizing the de-breifing will insure that all involved personnel are notified of the date, time, and location of the required debriefing.
5. Persons attending a defusing or debriefing will be advised by the CISM team facilitator of the importance of following up with Peer Support Team members or mental health professionals through the city’s Employee Assistance Program, if further no-cost counseling is desired.
Note: Incidents of misconduct shall not be discussed at debriefing or defusing sessions.
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PROCEDURE PROCEDURE
A-03 Novato Police Department
A03 – SPECIAL EVENTS PERMITS
1. The purpose of this order is to establish guidelines and procedures for the issuance of Special Events Permits for parades, athletic events, and other special events.
2. Novato City Ordinance No. 1053 to the Novato Municipal Code establishes the standards for the issuance of a permit for parades, athletic events and other special events in the City of Novato. It also defines parades, athletic events, and other special events, Novato Municipal Code 15-3.
3. A Special Event permit is not required for the following:
A. Parades, athletic events or other special events which occur exclusively on City property under the jurisdiction of the Novato Department of Parks and Recreation. Those events are governed by Chapter X of the Novato Municipal Code.
B. Funeral processions.
C. Parades involving 40 or fewer pedestrians marching along a parade route which is restricted to marching on the sidewalks and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of 15 or less, and shall allow vehicles to pass between each unit, Novato Municipal Code 15-3.4 (c).
4. Any person or organization desiring to sponsor a parade, athletic or other special event should make contact with the Special Event Coordinator, which is typically the Traffic Sergeant at the Police Department to review Novato Municipal Code 15-3.
5. APPLICATION PROCEDURES. Interested persons should then be given an application for a Special Event Permit, NPD Form #20-11-16. The application is also on the City of Novato website.
6. The application for Special Event Permit form contains printed instructions for the application to follow in order to obtain the permit.
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7. FEES/DEADLINES. Upon completion of the application for a special event permit, the applicant will pay the special event fee to the City Hall cashier or Police Department Special Event Coordinator/ or their designee. The fee schedule is maintained in the fee section of the Special Event Permit Manual. The applicant will then submit the completed application for a Special Event Permit, along with the receipt of payment, for application fees to the Special Event Coordinator.
8. If the application is for a parade or other event along a free speech route or pre- established route which are delineated in the Special Events Permit Manual, the application should be filed not less than 22 days or more than 90 days before the day on which the event is to occur. All other applications shall be submitted not less than 30 days nor more than 90 days before the event date.
9. APPLICATION PROCESSING. Upon receiving a completed application for a Special Event Permit and the application fee receipt, the Special Event Coordinator will assign that application a number. The first two numbers will designate the year and the second two numbers will be in numerical sequence of the applications received in that particular calendar year.
10. When necessary the Special Event Coordinator will route copies of the application to the following persons and agencies for review and comment within five days.
A. Purchasing Agent 922 Machin Avenue Novato, CA 94945
B. Community Development Director 922 Machin Avenue Novato, CA 94945
C. Business Services Administrator Novato Unified School District 1015 Seventh Street Novato, CA 94945 Phone: 897-4201
D. Golden Gate Transit District 1011 Anderson Drive San Rafael, CA 94912 Phone: 455-2000
E. Deputy Fire Chief or their designee Novato Fire District 95 Rowland Way Novato, CA 94945 Phone: 878-2690
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F. Marin County Environmental Health Services Marin Civic Center, Room 285 San Rafael, CA 94903 Phone: 499-6907
(Health Services should be sent only those applications where the applicant states he/she will sell food or beverages at the event.)
G. Marin Humane Society 171 Bel Marin Keys Boulevard Novato, CA 94949
(Marin Humane Society should be sent only those applications where the applicant states he/she will display or exhibit animals at the event.)
11. Within 10 days of receiving a completed application for an event along a free speech route or pre-established route, the Special Event Coordinator shall approve, conditionally approve, or deny any application. Action on all other special event applications shall be taken no later than 15 days after receiving a completed application.
12. The notice of approval/denial of a Special Event Permit shall be made in writing on Novato Police Department Form #20-11-17, entitled Notice of Approval/Denial of Special Event Permit.
13. Grounds for denial of an application for a Special Event Permit are contained in Novato Municipal Code Chapter 15, Section 15-3.8.
14. The Special Event Coordinator may condition the issuance of a Special Event Permit by imposing certain reasonable requirements concerning the time and manner of the event.
These Special Event Permit conditions will be completed by the Special Event Coordinator on Novato Police Department Form #20-11-18, entitled Special Event Permit Conditions.
15. If an application is approved or conditionally approved, the Special Event Coordinator will complete the insurance section, insurance exemption, police traffic control fees, and cleanup deposit fees section of the Notice of Approval/Denial of Special Event Permit.
16. A copy of the Special Event Permit conditions form will be provided to the applicant with the Notice of Approval/Denial of Special Event Permit.
17. After reviewing all the Special Event Permit conditions, the applicant should then respond to the City Hall cashier or the Novato Police Department in order to pay all applicable fees and deposits. The cashier will then issue a proof of payment
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of fees which the applicant should bring to the Police Department as soon as possible in order to obtain the Special Event Permit.
18. Upon receipt of the proof of payment of fees, the Special Event Coordinator will verify that the insurance requirements pursuant to Section 15-4.3 have been satisfied.
19. HOLD HARMLESS AGREEMENT. The applicant must then read the Hold Harmless Agreement which is printed on the Special Event Permit Form #20-11- 19 and must sign the statement contained within the Special Event Permit. By signing, the applicant agrees to comply with the terms of the Special Event Permit, including the Hold Harmless Agreement, and to comply with all special Event Permit conditions.
20. ISSUANCE OF SPECIAL EVENT PERMIT. The Special Event Coordinator may then issue a Special Event Permit to the applicant.
21. The Special Event Coordinator will be responsible for creating a billing invoice for all fees including assigned officer(s) time. A two hour minimum will be imposed for all assigned Novato police staff at the special event. The invoice must be provided to the permitee within five (5) days after the special event. .
22. DENIAL OF PERMIT. Novato City Ordinance No. 1053, Section 15-3.8 specifies the grounds for denial for an application for a Special Event Permit. Section 15-4.0 specifies the course of action an applicant may take in order to appeal a denied permit.
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PROCEDURE
A-04 Novato Police Department
A04 – GUIDELINES FOR REPLACEMENT OF POLICE DEPARTMENT VEHICLES
1. The purpose of this procedure is to establish purchasing guidelines outlining the process which has been tested and utilized by the Novato Police Department in the area of fleet management. The Novato Police Department is to purchase and maintain a fleet of vehicles that are safe for the employees, cost effective for the City, and meet the needs of the Department.
2. Unless otherwise designated, all vehicles purchased and equipped for use in the Police Department shall meet the standards of Authorized Emergency Vehicles (AEV) as described in the California Vehicle Code.
3. The Vehicle Maintenance Officer (VMO) will maintain a current inventory list of vehicles with copies provided to the Administrative Services Captain.
4. See the vehicle replacement matrix at the end of this document.
PATROL BUREAU VEHICLES:
A. Most of the vehicles assigned to the Patrol Bureau are marked Patrol vehicles. This includes marked canine units, marked supervisors’ vehicles, unmarked lieutenant vehicle’s, Community Service Officer/ Intern vehicles, and Novato Response Team (NRT) vehicles.
B. The marked patrol vehicles are typically scheduled to be replaced every five (5) years, but can be extended if the vehicle is mechanically sound. Identification numbers are assigned by Corporation Yard personnel as new vehicles enter service.
INVESTIGATIONS SECTION VEHICLES:
Most of the vehicles assigned to the Investigations Section are unmarked vehicles. The unmarked patrol vehicles are typically scheduled to be replaced every seven (7) years, but can be extended if the vehicle is mechanically sound.
TRAFFIC SECTION VEHICLES:
Most of the vehicles assigned to the Traffic Section are police motorcycles. The
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motorcycles are typically scheduled to be replaced every five (5) years, but can be extended if the motorcycle is mechanically sound.
Type of Vehicle: Replacement Schedule: Marked Patrol 5 years or 75K miles whichever comes first Unmarked Vehicle (New) 7 years or 75K miles whichever comes first Specialized vehicles 10 year or 75K miles whichever comes first Motorcycle 5 years Off-road motorcycles 7 years
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PROCEDURE PROCEDURE
A-11 Novato Police Department
A11 – DOMESTIC VIOLENCE COMMUNITY ADVOCACY PROGRAM
1. PURPOSE: The purpose of this procedure is to establish guidelines for the release of victim information in domestic violence cases to the Marin County Center for Domestic Peace (CDP).
2. CENTER for DOMESTIC PEACE: It is the policy of the Novato Police Department to address the problem of domestic violence in Novato in the spirit of community oriented policing. The CDP addresses the problem of domestic violence in Marin County through a collaborative, professional community effort involving organizations within the Criminal Justice System. In a unique arrangement, the CDP staff and volunteers may receive access to victim’s name and phone numbers after a domestic violence incident has occurred.
3. PROCESS: During the investigation of a domestic violence incident, the officer will advise the victim of CDP and offer to forward the victim’s name and phone numbers to CDP to facilitate contact with them.
4. REPORTING: If the victim has authorized the release the officer will call the CDP Domestic Violence Hotline (English 415-924-6616 / Spanish 415-924- 3456) at the conclusion of a domestic violence incident. Officers shall leave the following information: Case number, name of victim, victim’s phone number and (if possible) an alternate phone number, and victim’s primary language, if the suspect was arrested and if an EPO was issued.
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PROCEDURE Procedure s B-01 Novato Police Department
B01 – SHIFT CHANGES / MINIMUM STAFFING LEVELS FOR PATROL AND TECHNICAL SERVICES BUREAUS
1. The purpose of this procedure is to establish shift change guidelines and to set minimum staffing levels.
2. It is the policy of the Novato Police Department to meet minimum levels and facilitate shift changes on six month intervals.
3. PATROL BUREAU: Regular Patrol Bureau six month shift change sign-ups will occur approximately three months preceding shift rotations occurring in January and July of each year. The signup process will be communicated to personnel prior to each shift sign up. The following rules will apply to shift change sign up: A. Personnel are to sign up by seniority in their respective rank. i. This section shall not apply to probationary employees of any rank. Probationary employees will be assigned at the discretion of the Operations Division Captain, or his/her designee, prior to signup for that particular rank. ii. Employees who are on probation will be required to work on a day and night shift to ensure they receive experience on both shifts. B. Officers and corporals may not sign up for their present squad; however, all officers and corporals with 10 years Novato experience may remain on the same squad for one year.1 C. Sergeants may remain on the same squad for one year. D. Sergeants/Corporals/Officers prevented from signing up for a different squad may request a shift change, only after 12 continuous months on one squad. Additionally, the Operations Captain, or his/her designee, may initiate an employee move of an employee subject to this subsection to facilitate continued professional development or meet departmental needs. Change requests granted by the Operations Captain, or his/her designee, will consist of the requestee signing up for a shift at the point in the signup where only two shifts, to include the potentially repeated shift, are available,
1 Note: The Administration reserves the right to review this procedure to ensure adequate rotation slots remain available.
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regardless of seniority. E. Personnel may be assigned to specific squads for training or other Department needs. F. Pursuant to the existing MOUs, ten (10) days after conclusion of the sign- up period, no changes in the shift schedule for Officer/Corporals will be allowed, except for reasons deemed necessary by the Chief of Police or his/her designee. G. Sergeants/Corporals/Officers on injury or leave without a confirmed return date, prior to the commencement of sign-ups, will be assigned to a shift based on Department needs once fully cleared for regular duty after sign up is complete.
4. PATROL BUREAU INDIVIDUAL REQUESTS: Personnel desiring a temporary shift change may change or trade their shifts, if they find their own replacement and request, in writing, permission from their supervisor, and prior to the scheduled change. The employee shall forward an e-mail requesting the shift trade to their immediate supervisor. Should the replacement employee not be available to work the shift, for any reason, the regularly scheduled employee is responsible to work the shift or arrange other coverage.
5. PATROL MINIMUM STAFFING: The following schedule is the minimum Patrol Officers' staffing levels for specific days and time periods.
A. Patrol Bureau Supervisors shall insure that staffing does not drop below these levels.
Patrol Minimum Staffing Levels
Hours/Day SUN MON TUE WED THU FRI SAT 0530 – 1200 4 4 4 4 1200 – 0100 5 5 5 5 0100 – 0600 4 4 4 4 0530 – 1300 4 4 4 1300 – 0130 5 5 5 0130 – 0530 4 4 4
6. TECHNICAL SERVICES BUREAU: The Records Section is on a six (6) month shift assignment. The Communications Section is on a six (6) month shift rotation. Sign-ups will be coordinated with the Patrol Bureau and commence upon issuance of a memorandum indicating dates of sign-ups and personnel seniority list.
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Dispatcher sign-ups will be posted on October 1st for the following calendar year. The following rules will apply: A. Personnel are to sign up by seniority. B. Dispatchers may not sign up for their present shift; however, all with 10 years Novato Police dispatch experience may remain on the same shift for one (1) year. C. A dispatcher prevented from signing up for a different shift may request a change, only after 12 continuous months on one shift. D. A Senior Dispatcher will be assigned to each platoon. E. Civilian Personnel may be assigned to specific shifts for training or other Department needs. F. Civilian Supervisors may flex their hours, with prior approval of the Services Division Commander, for the purpose of supervising and evaluating personnel on other shifts.
7. TECHNICAL SERVICES INDIVIDUAL REQUESTS: Personnel desiring a temporary shift change may change or trade their shifts, if they find their own replacement and request, in writing, permission from their supervisor, prior to the scheduled change. The Civilian employee shall forward an e-mail requesting the shift trade to their immediate Civilian Supervisor. Should the replacement employee not be available to work the shift, for any reason, the regularly scheduled employee is responsible to work the shift or arrange other coverage.
8. TECHNICAL SERVICES BUREAU MINIMUM STAFFING LEVELS: The Communications and Records Section minimum staffing levels are listed below. A. At the discretion of the Civilian Supervisor, the Civilian Supervisor may be considered part of the minimum staffing for time off requests. B. When Civilian Supervisors are filling the minimum staffing requirement, the supervisor need not be in Records or Communications as long as the supervisor is available in the Station for break and workload assistance as needed. C. Supervisors shall ensure staffing does not drop below minimum levels for planned leave. For unanticipated absences, such as sick leave, when there is sufficient staffing in one section, an employee from the other section may be counted for the purpose of minimum staffing. Depending upon the workload, that employee need not physically move to the other section, as long as the employee is assisting with the phones and workload. D. Records Section minimum staffing for all holidays shall be one (1). The Records Section is closed on Thanksgiving and Christmas. E. Communications minimum staffing for Thanksgiving and Christmas from 0100 - 2000 hours may be one (1).
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Records Section Minimum Staffing Levels Hours/Day SUN MON TUE WED THU FRI SAT 0800 – 0900 0 1 1 1 1 1 0 0900 - 1700 0 2 2 2 2 1 0
Communications Section Minimum Staffing - First Platoon Hours/Day SUN MON TUE WED THU FRI SAT 0100 - 1000 1 1 1 1 1000 - 0100 2 2 2 2
Communications Section Minimum Staffing - Second Platoon Hours/Day SUN MON TUE WED THU FRI SAT 0230 - 0800 1 1 1 0800 - 1000 1 2 2 1000 - 0230 2 2 2
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PROCEDURE
B-03 Novato Police Department
B03 – WORKER’S COMPENSATION / INJURY/MODIFIED WORK ASSIGNMENT / RETURN TO FULL DUTY WORKER’S COMPENSATION PROCEDURES
1. It shall be the Department’s procedure to complete work related injury forms in a timely and consistent manner in conjunction with the City’s Human Resources Department and Worker’s Compensation carrier. Circumstances surrounding a questionable work injury should be reported directly to the Human Resources Manager or Assistant.
2. INJURY FORMS:
A. Supervisors shall inform their employees that, in the event of a work related injury or illness; they are to contact their supervisor prior to seeking medical treatment or contacting the City Personnel Division, unless it is a serious injury or potential life and death situation. When injury is known, all employees must notify their supervisor of injury as soon as possible before the end of their shift. Workers Compensation form DWC-1 to be given for any work related injury, not only if employee is off work.
B. In the event of an injury requiring first aid treatment only, the supervisor shall:
1) Refer the employee to contact Company Nurse injury hotline 1-877- 215-7284, group code #BCJPIA-01 prior to seeking medical treatment. 2) Complete the “Supervisor’s Accident Investigation Report.” (See attached. The reverse of this form contains the guidelines defining a first aid injury.) This includes onetime medical treatment with no sutures, prescriptions, casts, splints or lost days from work. 3) Proceed to Section C. In the event of a work injury requiring continuing medical treatment or time off work the supervisor shall: 1) Refer the employee to contact Company Nurse injury hotline 1-877- 215-7284, group code # BCJPIA-01 prior to seeking medical treatment.
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2) Complete the “Supervisor’s Accident Investigation Report.” 3) Complete line 12 of the “Employee’s Claim for Worker’s Compensation Benefits Form” (DWC Form 1) and provide the form to the employee within 24 hours of date of injury. Form DWC Facts: Line 12 indicates the date the employer first knew of the injury or knew that the employee needed medical treatment for a work related condition. Employers are required to provide the DWC form to the injured employee within 24 hours of the date of knowledge or are subject to State fines. Employees should be encourage to complete and return the DWC form. Compeltion of the DWC form is not required. Returning the form to the employer activates the formal claim process. If the employee is not at work to receive the form, the supervisor can mail the form to the employee with the date and notation “mailed” on line 12. 4) If the DWC form is returned by the employee, the supervisor will complete the rest of the Employer’s Section, assure that the form is signed by both the supervisor and the employee, and provide the last page to the employee (Employee’s Temporary Receipt.) 5) The supervisor shall copy both the Supervisor’s Investigation Form and the DWC, mark them “working copies” and email them both documents to the Human Resources email ([email protected]) and route the originals to the Professional Standards Sergeant via Chain of Command.
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PROCEDURE
B-04 Novato Police Department
B04 – VACATION SIGN UP / TIME SHEETS AND OVERTIME TIME OFF SLIPS
1. PURPOSE: The purpose of this order is to establish guidelines for vacation sign- ups, completing work related injury forms and assignment of injured personnel to modified work duties.
VACATION SIGN-UP PROCEDURES
2. SCOPE: All members of the Novato Police Department have the ability to sign-up for annual vacations once they have completed a minimum of one year of service.
3. PATROL BUREAU PERSONNEL: Vacation sign-up will be commence, for Patrol Bureau personnel, following completion of each bi-annual shift signup. Special consideration may be made for vacations requiring early reservations. The following rules will apply to vacation leaves:
A. Annual vacation is defined each bargaining units MOU. Incidental vacation is defined as all other requests for use of vacation or accrued comp time. B. Order of selection of annual vacation is based on seniority by rank, based on date of appointment. C. Vacations may only be requested for the date range of the corresponding shift signup. i. Annual vacation requested for dates beyond the current shift rotation, for which no annual vacation signup has occurred, will not be accepted. D. No more than three persons (officers) from platoon 1 or two persons (officers) from Platoon 2 may be on any combination of annual or incidental vacation at the same time. E. Only one officer or Corporal from each squad on platoon one may be on annual or incidental vacation at a time. No more than two officers, two corporals or combination of one officer and one Corporal from a squad on platoon two may be on annual or incidental vacation at a time. F. Only one Patrol Sergeant from each platoon may be on annual or incidental vacation at a time. G. After all vacations have been selected; members wishing to take additional incidental vacation should make the appropriate requests to their
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immediate supervisor. 1) The supervisors should be careful that this time does not conflict with other employee's regular vacation leave. 2) Requests for time off may be denied if not requested fourteen days prior to the dates requested and back filling would be necessary. 3) Comp time off may be used when no backfill is required. 4) Requests for time off may denied, or annual and incidental vacation may be cancelled, if the Operations Captain, or his/her designee, determines that an unusual situation exists and that allowing the time off would have a significant, advese impact on the the operation of the police department in its responsibility to ensure the safety of the community and police personnel. Examples of significant, adverse impact include disasters, large demonstrations, etc., but do not include planned operations, squad staffing shortages, or other similar activities or circumstances. H. Incidental vacation requested for dates beyond the current shift rotation, for which no annual vacation signup has occurred nor shift sign up has occurred, will remain unapproved until the completion of the corresponding annual vacation signup. Following shift and annual vacation sign up, any conflicts will result in the annual vacation signup requests taking precedent.
I. Each patrol sergeant/corporal/officer will be assigned a SPECIFIC date in which they are to sign-up for their vacation. If the assigned sign-up date is on the employee’s day off then they can choose to either respond to the police department to personally sign-up for their vacation, or they can call and speak to the on-duty Watch Commander (Lieutenant or Sergeant) and have him/her sign-up for the vacation dates that they choose. The actual vacation sign-up list will be posted in the briefing room as is customary. It is important for each employee to continually monitor the vacation dates chosen by other employees so as to not be in conflict with the other officers chosen vacation periods.
If an employee fails to sign-up, or call the on-duty watch commander, on their assigned date, the employee will be passed over and the next employee on the list will be able to sign up on their assigned date. An employee can actually sign-up before their assigned date if the employee ahead of them has already signed up for their vacation. If an employee happens to forget to sign-up on their assigned date, they can sign-up at a later date, however the employee will not be allowed to “bump” a less senior employee who signed up on their assigned date.
J. Once the annual vacation sign up is complete, annual vacation dates will be entered into InTime by the Patrol Lieutenants prior to any approval of incidental vacation requested for the same period.
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4. TRAFFIC SECTION: Traffic Section officers are not affected by Patrol Bureau sign-ups for vacation. Vacation is to be approved by the Traffic Section Sergeant.
A. Order of selection of annual vacation period is based on seniority by date of appointment to rank. B. Annual vacation may be taken at any time of the year. C. No more than two Traffic Officers may be on annual or incidental vacation at a time.
5. INVESTIGATIVE BUREAU VACATION SIGN-UP: Investigation Section detectives are not affected by Patrol Bureau sign-ups for vacation. Vacation is to be approved by the Investigation Section Sergeant.
A. Order of selection of annual vacation period is based on seniority by date of appointment to rank. B. Annual vacation may be taken at any time of the year. C. No more than two Investigators may be on vacation at a time.
6. SERVICES AND ADMINISTRATIVE VACATION SIGN-UPS: The following rules will apply for Services and Administrative personnel:
A. Annual vacation sign-up will be posted October 1st of each year, for vacations in the following calendar year. B. For the purpose of this order, a vacation is defined by an employee taking 40 successive hours or more time off at a given time. Incidental vacation is all other requests for use of vacation or accrued comp time. C. Order of selection of annual vacation is based on seniority by date of appointment to rank based on date of employment. D. Annual and incidental vacation may be taken at any time of the year. E. A maximum of one Dispatch Section employee and one Records Section employee may be on annual or incidental vacation at the same time. F. An annual vacation selection secures the time for the respective employee. Absent extenuating circumstances, it is anticipated the employee will take the selected time off.
7. SPLIT VACATIONS: Department members may split their annual vacations, but may use their seniority only on their first selection. The second selection can only be made after all other personnel in their respective category have made initial selections. Once all the initial selections have been made, seniority will prevail on the second and succeeding choices. Annual vacations are not to exceed two weeks in length for each selection.
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8. EXTENDED VACATIONS OVER TWO WEEKS: Should Department personnel wish to take more than two weeks of vacation at any one time, to include any combination of vacation and accrued comp time, they need to receive specific approval from either the Operations Division Commander or the Services Division Commander for Services personnel.
9. MAXIMUM NUMBER OF HOURS ACCUMULATED: All Department members need to be aware of the maximum hours of vacation times on the books. Approval to go beyond the hour balance requires written permission from the Assistant City Manager. Maximums for unit may vary per their respective MOUs.
TIME SHEETS AND OVERTIME/TIME OFF SLIPS
10. PURPOSE: The purpose of this order is to establish guidelines for the completion of the bi-weekly time cards, shift trades, and to ensure accuracy of time off/overtime requests.
11. SCOPE: All members of the Police Department are required to adhere to the listed procedure for compliance of timely, accurate payroll records.
12. TIME SHEETS: Time sheets are generated bi-weekly, corresponding with the start of each pay period. Each employee is responsible that their time sheet is completed accurately and submitted by them via the InTime employee portal. Employees who fail to complete or electronically sign the time sheets will not be paid until a complete and accurate time sheet is turned in. A. Time sheets will be approved by the employee's appropriate supervisor. B. Review of hours on the time sheets will be completed by the Department Executive Assistant. 13. OVERTIME/TIME OFF SLIPS: Overtime (Activity Requests)/Time Off (Leave Request) shall be submitted via InTime whenever an employee requests overtime pay, compensation time credit, or time off for any reason except approved holidays. Records personnel are required to overime or time off requests in accordance with their Memorandum of Understanding. The employee shall be responsible for the accurate completion of the request. A. The Overtime/Time Off request shall be completed as soon as practical, preferably within 24 hours of the date of the overtime or in which the leave is requested. Reason for the overtime/time off will be detailed in this request by selection of the most applicable hours modifier. Overtime will be paid in accordance with the employee's Memorandum of Understanding.
B. Overtime/Time Off requests will be reviewed by the appropriate Platoon Lieutenant, Investigations, Records or Dispatch Supervisor
C. All employees shall notify a supervisor when requesting sick leave.
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The supervisor shall enter the sick leave request into Intime for the employee. The supervisor will note if the request is for the employee or approved family member.
D. All time sheets are due by 6:00 a.m. on the Monday immediately following the pay period ending date.
14. ASSOCIATION MEETINGS AND CONTRACT MAINTENANCE: All contract maintenance business conducted by the associations representing employees shall be in accordance with the City's Employer/Employee MOUs. All Department supervisors are required to assist the associations and their representatives in the lawful conduct of their business and to mitigate, if possible, scheduling problems that may arise.
A. An employee representative must have prior approval of his/her supervisor before conducting association business on "duty time." Prior issuance and approval of a "time-off" request is mandatory. Association time off requests are to be requested in InTime for approval by the employee’s immediate Supervisor. Any requests for Association time that exceeds the time permitted in each employee’s MOU will require the employee to use time from their personnel bank of time off.
B. It is well within a supervisor's discretion to make a determination (for cause) that a time off request cannot be granted when it creates a scheduling conflict. The supervisor is required, if possible, to mitigate such conflicts.
15. PATROL BUREAU ASSIGNMENT OF OVERTIME: Vacancies in Patrol Bureau shifts should be identified at least two weeks in advance. Once the overtime vacancies have been identified, the shift will be posted in InTime and an automated e-mail will be sent seeking volunteers. Each vacancy will be identified in InTime and those desiring to work a vacancy must submit their request to volunteer using the InTime employee portal. Any Patrol overtime not signed up for within seven days prior to the required overtime, will be assigned by the Day Shift supervisors who are assigned this detail.
16. OUTSIDE DETAIL OVERTIME: Overtime for outside details, such as school dances, shall be filled first on a voluntary basis. If the assignment remains vacant, an officer(s) will be assigned by the Day Shift supervisor(s) responsible for this task.
17. PATROL BUREAU, RECORDS, DISPATCH SHIFT TRADES: A. A request is to be made to the employee’s immediate supervisor at least five days in advance of the shift trade, unless special circumstances exist. 1) A note should be made in InTime with the name of the officer who will be coming in to work the trade. B. The supervisor shall approve the request when:
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1) The employees involved in the shift trade have job compatibility. 2) The supervisor involved in the trade has made the appropriate adjustment in InTime to include the addition of a note indicating the staffing change is a shift trade and who the employee traded shifts with. 3) The employees involved in the shift trade have had reasonable time off between shifts. C. The responsibility of “paying back” hours owed is between the involved employees.
18. TECHNICAL SERVICES PERSONNEL: A. Employees shall list in the Comments Section the hours worked out of classification or as a trainer. The Comments Section shall also contain the initial date of the Injury On Duty (IOD) whenever leave is taken related to an on-the-job injury. 19. INJURY ON DUTY: Leave for doctors or therapy appointments related to Workers Compensation injuries must be requested as a time off request in InTime. Per Workers’ Compensation guidelines leave for physician appointments and/or physical therapy are not covered under disability; therefore, on-duty medical leave will be charged to accrued leave balances
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CPROCEDURE Procedure s
C-01 Novato Police Department
C01 – PROPERTY AND EVIDENCE PROCEDURES / PHOTOGRAPHIC EVIDENCE / CRIME GUNS
2. It is the policy of the Novato Police Department that all property and evidence be properly marked, tagged, and stored as set forth by this order. The Novato Police Department will strive to keep the Property and Evidence Room secure.
3. DEFINITIONS: Items received into the care and custody of the Department are defined as: A. Evidence - Any item which is collected at the scene of a crime or may assist in the prosecution of a criminal investigation. B. Recovered Property - Stolen property that has been found and is available for release to the rightful owner. C. Found Property - Any item which comes into the custody of the epartment, which has no apparent evidentiary value. D. Safekeeping - Property which is surrendered or held temporarily to prevent danger to the community or the possessor.
4. MARKING PROPERTY AND EVIDENCE: Officers shall mark each evidence container with their initials. Items shall be placed in an appropriate sized container, sealed, marked and identified on the outside of the container. Do not mark on or deface the item.
5. PROPERTY AND EVIDENCE TAG: A computerized bar code tag shall be affixed to all property or evidence before surrendering to the evidence technician. All bar code tags shall be attached to the stored property. Should the property be placed in an envelope or other container, a bar code tag must be attached to the envelope or container. 6. EVIDENCE/PROPERTY INVENTORY REPORT: When an Evidence and Property Report is completed, the original will be submitted as an attachment to the police report. The Evidence/Property Inventory Record (NPD Form 20-41-79) may be used as a receipt, in lieu of an RMS property receipt, for the person from whom the property was taken. All property documented on the Evidence and Property report shall be entered on the property tab of the ARS/RMS system.
7. PREPARATION OF PROPERTY OR EVIDENCE FOR STORAGE: A sound
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packaging procedure helps to preserve the Chain of Custody, provides uniformity within the Property Room, and enhances the efficiency of the operation. An appropriate sized container should be used for evidence and property. Small items should be placed in small containers such as a cardboard box, paper bag or an envelope. Larger items should be placed into manila envelopes or paper bags. A. All containers shall be sealed and marked. When an original container cannot be sealed, change the substance to another new container. mark both the original and new containers for cross-reference. Do not attempt to store opened or unsealed liquids. When placing items in a box or a sealed container, the officer shall place a property tag on the outside. Fragile and/or dangerous items shall be so listed. Contents in a box or sealed container shall be itemized in ARS/RMS. B. Several small containers may be placed inside a larger envelope or bag with one tag on the outside provided there is sufficient room in ARS/RMS to fully identify each item. Each container shall be secured; either stapled or taped closed. Completed evidence and property tags shall be secured to the container. C. Alcohol - Alcoholic beverages for all infractions shall not be retained as evidence. Officers may dispose of alcohol at the scene, or place in evidence locker with a note for the Evidence technician to dispose. Officers shall photograph alcoholic beverages at the scene for 25662 B&P, Minor in Possession and process as for infractions. Misdemeanors, especially driving under the influence and felony cases, require samples of alcoholic beverages maintained in the form and condition seized, consistent with handling of all other items having evidentiary value. D. Perishable items - Especially food, including pet food, will be photographed at the scene and released to the owner. No food items shall be submitted in order to prevent rodent and insect attraction. E. Liquids - If the liquid cannot be sealed in its own container, the liquid shall be placed in a container that can be sealed. The original container shall be marked to indicate the level of the liquid. Open or unsealed liquids must not be stored. F. Hazardous Material - No caustic, combustible, or volatile substances will be accepted by the Evidence Technician. Because of the inherent dangers in the storage of hazardous materials, the Corporation Yard will be the only acceptable storage facility for the City of Novato. It is the location with the least threat to life and property, due to open space surrounding its storage lockers. The Police Department is unacceptable as a temporary or long- term storage facility due to its 24-hour public and staffing occupancy. Officers should not transport hazardous materials; however, under certain circumstances, it may be necessary. Ammunition cans and buckets are provided in Room 23 for safe transportation from scene to Corporation
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Yard. Such situations might include: the protection of life and property, evidence incident to an arrest, investigation of arson (soaked rags or cans with gasoline), or fireworks violation. The on-duty supervisor shall be notified of such transportation. Under no circumstances should any civilian employee accept hazardous materials for disposal such as gun powder or fireworks, either at the station or in the field. Members of the public shall be directed to the Corporation Yard where an officer will meet them and transfer material to a temporary storage locker. Members of the public shall not be directed to bring hazardous material to the Department. The on-duty supervisor will be advised whenever such a citizen assist request is made and ensure the appropriate Crime Incident Report is completed by the officer. Sworn officers may accept ammunition, fireworks, etc., after receiving permission from the on-duty supervisor. The property shall be taken to the Corporation Yard and stored in the designated bright yellow temporary storage locker at the southeast end of the yard. The combination to the padlock on the locker is available in Dispatch CAD info. Items shall be entered in the Property section of the ARS/RMS system. The officer should also indicate if the property is cleared for immediate disposal or requires retention. Fireworks and gun powder should be stored in the ammunition can provided in the storage locker. In the event of a bomb or other explosive device, refer to Procedure C-02, “Bomb Threats.” When appropriate, DPW shall be notified to assist in hazardous materials incident management and disposal. G. Firearms - Officers will store firearms and ammunition seized per Welfare and Institutions Code 8102: seizing firearms from an individual, who may be a danger to himself or others; or Penal Code 16120 PC: seizing firearms in a domestic violence matter in our Property Room for safekeeping. 1) Firearms. Handguns and long guns shall be submitted to Evidence in a gun box. All firearms will be unloaded and rendered safe before placement in the property locker. Whenever possible, use a cable tie through the action cylinder. Should it be necessary, for any reason, to place a loaded weapon in a locker, the Watch Commander shall approve the action before the weapon is placed in a locker and a large piece of paper marked “LOADED WEAPON” shall be placed on top of the weapon. Also, leave a note on the Evidence technician's door. Ammunition shall be submitted in a separate container. List make, model, caliber, serial number, action type and description of weapon in ARS/RMS. The officer is responsible for entering the weapon in the Automated Firearms System, and submitting the AFS Entry Form to Dispatch. H. Ammunition - Bullets and cartridges are not considered hazardous
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materials. Officers will store any ammunition associated with a criminal offense in our Property Room. Novato Police personnel will accept ammunition for destruction at the front counter, Officers will take it to the Corporation Yard for storage. Officers will individually mark and package ammunition associated with a crime in separate containers. Officers may store ammunition collectively in a container that they seize for safekeeping. I. Cash, currency, negotiable bonds, etc. - Issue a City of Novato receipt to the citizen when accepting currency. The Evidence/Property Inventory Record (NPD Form 20-41-79) may be used as a receipt, in lieu of an RMS property receipt. Money shall be carefully counted in the presence of a Supervisor and packaged separately in a currency envelope (Form 20-41- 46). Both Officer and Supervisor shall sign the currency envelope. For evidence in criminal cases the serial numbers of paper currency, bonds, etc., shall be listed in the report or photocopied and attached to case. J. Shoplift and Shoplift/Burglary - All evidence from shoplifting cases shall be photographed at the scene and retained by the store. The store cannot put the evidence back on the shelf, until the case has been prosecuted. If there is no camera, the supervisor shall be requested to respond to photograph the evidence. If the supervisor is not available for photo, the officer should advise the store personnel that the supervisor will be by later to photograph the item(s). Some stores will provide photos. All photographs shall show evidence and any tags, prices, or markings attached to evidence/property, including the case number. Photographs shall be placed in envelopes and bar code tag attached. K. Photographic lineups – Original will be retained and processed as evidence. L. Jewelry - Will be packaged separately from other types of evidence. It is acceptable to place rings in one bag, necklaces in another bag, watches in another bag, and etc. M. Knives, Ice Picks and Other Sharp Objects - For safety in handling, items of this type should be wrapped between pieces of cardboard or in a knife storage box. Folding knives, where the blade is secured and does not pose a hazard, may be packaged in a bag or envelope. Bubble wrap may also be used to cover sharp objects. N. Syringe Needles - Must be packaged in rigid, puncture-proof container, otherwise they will not be accepted. Any fluid to be tested should be removed from syringe to a small vial and vial submitted in DOJ controlled substance envelope. DOJ will not accept syringes under any circumstances. O. Original Writing - These types of items shall be photocopied and the copy attached to the original report. The original shall be packaged in appropriate sized clear bags or envelopes. P. Found Property - Whenever the owner of property can be reasonably
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identified, the officer shall complete the Notice to Claim Property card, Form #20-41-83, and address card with owner's name and address. Found property of no value which cannot be identified and thus returned to the owner should not be accepted. Keys and eyeglasses are occasionally accepted and left in a box at the front counter. Q. Marijuana - Wet or fresh marijuana shall be placed into paper or burlap bags, or wrapped in butcher paper. Plastic bags shall not be used. A sample shall be cut from seized marijuana plants. The sample shall be weighed, wrapped and entered into evidence. Cultivation Cases, 11479 H&S provide for the retention of five random samples (over 10 pounds) and destruction of remaining marijuana. They shall not be left in the processing room or drying room. R. Vehicles – Vehicles impounded for evidence shall be booked into the ARS/RMS system. Evidence vehicles require entry on both the property and vehicle tabs. S. Narcotics and Dangerous Drugs - All narcotics, including marijuana, hashish, heroin, etc., shall be weighed and placed in a Department of Justice Controlled Substances Evidence envelope by the officer. Drugs shall be handled with protective gloves. Masks, goggles and Tyvek coats are available for additional protection. 1) Chemical Presumptive Tests shall not be conducted on substances seized as the result of an arrest for a narcotics violation. . Wear protective gloves and surgical masks to minimize any contact with the substance to be handled
2) Packaging - Different types of drugs shall be placed into different packages before being placed into the DOJ evidence envelope. Drugs, other than marijuana, should be packaged in Kapak or sealed zip lock bags before being placed in Controlled Substance envelope. Drugs to be destroyed must be weighed and placed into a Controlled Substance envelope. “To be Destroyed” shall be included in ARS/RMS. When the envelope is sealed over the flap, initials shall be written and evidence tape placed on the flap of the envelope. Do not use scotch tape. 3) Pills/Capsules - To eliminate cross-contamination, place each different type of drug into a separate Kapak or zip lock bag. List quantity. When large amounts of the same type of pill/capsule are confiscated, submit a relative sample to the lab. The remainder can be placed into a separate Controlled Substances envelope. 4) Cocaine/Heroin, Etc. - Weigh substance in the original bindle, plastic bag or wrapping. Place original packaging in Kapak bag. Enter this approximate weight in ARS/RMS, and the Controlled Substance envelope. The District Attorney's Office does require in-field testing. The officer should do the testing in the Processing Room, utilizing
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presumptive test kits provided. Appropriate safety gear, goggles, gloves, Tyvek coats should be used while testing. 5) Paraphernalia - All paraphernalia shall be packaged as regular evidence, unless there is a specific reason for lab analysis, e.g. presence of a particular drug. Do not place paraphernalia into a Controlled Substance envelope unless analysis is required. Needles must be packaged in rigid puncture-proof containers; however, the lab will neither accept nor analyze syringes or needles under any condition.
8. OTHER EVIDENCE REQUIRING ANALYSIS: Evidence requiring analysis shall be processed as indicated below. A. Latent Prints - Dust for prints even if the victim may have contaminated the area. The only good reason for not dusting is that the surface is not conducive for the lifting of prints. If evidence is placed into the Processing Room that needs to be printed, be sure to place a “Caution Unprocessed Evidence - Do Not Handle” (Form 20-41-36) on it. The forms are located in the cupboard in the Processing Room. When there is a possible suspect, fill out a Detective Request for Services form and request a comparison. Materials that need to be sprayed with Ninhydrin shall be placed in the hooded vent and sprayed. Within four days it is the officer's responsibility to place the sprayed material into a container, enter it into evidence, write a supplement, and route a copy to Investigations. Affix a bio-hazard sticker to outside of package. To avoid contaminating the item with your fingerprints, pick up and handle with hemostats or metal tongs. B. Physiological Fluid - Place any type of physiological fluid into the refrigerator located in Evidence Processing Room 23 and so note on the ARS/RMS report. Handle with protective gloves. Blood and urine samples from all DUI cases, whether felony or misdemeanor, are to be mailed directly to the DOJ lab in Santa Rosa by the officer. Use the appropriate DOJ mailing box when mailing DUI samples. Urine samples shall be placed in boxes with the wording “Urine Kit” on the outside, while blood samples shall go in boxes with only the address listed. Samples from 11550 H&S violations are to be packaged in the appropriate DOJ mailing packaging for Sacramento DOJ. Packaging for DUI violations are also in Detention or the Marin County Jail and should be mailed to Santa Rosa DOJ. Both should be placed in a U.S. Post Office mail box by the officer. Rape kits should be placed in refrigerator in Room 23. Notify evidence technician that there are evidence items in the refrigerator. Biohazard Drying Room (Room 22) – Any material with physiological fluid on it shall be left in the Biohazard Drying Cabinet (Room 22) for air drying (notify the evidence technician that there are items in the drying room). Place white butcher paper under all drying evidence to contain dripping. Package paper with article upon booking in case of trace
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evidence. Do not package until material is dried, then place the material into a paper bag. Packaging will be completed by the officer or detective assigned to the case within 72 hours. Weapons which are wet (physiological fluids, water, etc.) should be unloaded and placed into a storage locker until it is dry and can be processed by the officer. To Avoid Cross-Contamination with separate cases, or, victim/suspect, or multiple victims and/or suspects, two separate lockers are available in the drying cabinet for separately drying the evidence. 1) Hang suspect’s items and use drying cabinet (s) for additional suspects and victims. Place butcher paper to line bottom of cabinet. 2) Notify the Evidence technician when the items are packaged so the Evidence technician can have the custodian clean the room/containers. 3) Discard used hangers/clothespins. C. Paint Samples - Place the samples into a secured paper container. The plain envelopes found in the Processing Room may be used. Get a test sample from the victim and suspect vehicles from the same general area where the paint transfer occurred. The paint samples should include all layers of paint. D. Tool Marks - If a case requires the lifting of a tool mark, the sergeant has access and the knowledge of how to use impression material (located in the Investigations Section). Tools which might be compared to tool marks or have fibers/paint, etc., attached, should be placed in a package that will not allow the material to be lost or the tool to be defaced. 9. RIGHT OF REFUSAL: The Evidence technician will notify officers via Form #20- 41-80, (or email) routed to the shift folder, when evidence has not been properly packaged or documented. 10. STORING EVIDENCE OR PROPERTY: The evidence and property storage lockers consist of 20 lockers of various sizes. The lockers are accessible to employees at all times and two grey overflow lockers outside the processing room. A. Small, flat, unbreakable items should be dropped in the slot 11 inches long and 1 inch wide, which is cut below locker 17 or the evidence slot located in the report writing room; e.g., drugs, checks, film, money, alphabets. B. A bicycle rack is located in the garage outside the Property Room. Bicycles should not be left on the floor when hooks are available and should never block the walk area. C. If it becomes necessary to secure large or numerous items in the absence of the Evidence technician, notify the on duty supervisor. D. The Evidence Processing Room (23) shall only be used to process evidence. It is not a place to store evidence. Proper handling of evidence will prevent theft or tampering and will safeguard its evidentiary value.
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11. PROPERTY/EVIDENCE ROOM KEY: The Evidence Technician, Records Supervisor and Services Captain shall be the only employees in the Police Department to be issued a key to the Property/Evidence Room. A. In the event the Evidence Technician is on leave, an Acting Evidence Technician will be assigned. This designee will be the Records Supervisor or Services Captain. B. In the event no Evidence Technicians are on duty, evidence will not be released. 12. ACCESS TO PROPERTY/EVIDENCE STORAGE LOCATIONS: As a general rule, only authorized property personnel are allowed in the storage locations. In the event individuals need entry (i.e., officer or DA investigator needing to look at an item too heavy or bulky to easily move to another room for viewing), they shall be escorted by Property Room staff and their visit documented on the Property/Evidence Room Access Log (Form 20-41-51). The date/time of entry, name/ID#, signature of visitor, date/time out, reason for entry/case#, and accompanied by columns shall be recorded. 13. DEFENSE REVIEW OF EVIDENCE: Evidence will not be shown to the defense without a written memo from the Marin District Attorney's Office, specifying what may be viewed. The Evidence Technician or case officer will coordinate viewing with the defense and be present at all times. 14. OFFICER REQUEST FOR COURT: Officers requesting evidence for court must submit a request via email, phone, or Evidence Request Form to the Evidence Technician at least two week days prior to court. 15. WITHDRAWAL OF PROPERTY: Only the employee assigned to investigate a case or their designee is permitted to withdraw property. The Evidence Technician may open packaging to confirm serial number(s) or contents. This is on a case-by-case basis. Property may be withdrawn for: A. Intra-agency reasons; e.g., for purposes of identification, in-house analysis; or, B. Inter-agency reasons; e.g., for laboratory examination or use in court. 16. PROCEDURES FOR THE WITHDRAWAL OF PROPERTY/CHAIN OF EVIDENCE: A. The following procedures shall be completed in all instances: 1) When removing any items from the Property Room, an authorized employee of this agency to whom the property is being released shall sign the item out in the RMS system. 2) The Evidence Technician shall list the item numbers, date, time, and destination. 3) If/When the District Attorney makes a verbal or written request for non-high risk evidence; it may be sent in the court run, signed out to and transported by the Department court courier. The item will be signed out to courier for deposit with name of requester.
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B. The following procedures shall be completed whenever property is withdrawn for inter-agency purposes: 1) The Evidence Technician shall prepare a separate Property Transfer form (Form #20-41-79a) for property withdrawn, listing: case number, name of person transporting the property, destination of the property, the item number and brief description of the property. 2) The Property Transfer form shall accompany the property to its destination. The person to whom the property is delivered shall sign the form before the property is released. The signed Property Transfer form shall be returned to the Evidence Technician. The Evidence Technician shall attach the signed form to the Evidence/Property report. 3) If the evidence is not retained at its destination, the employee shall return it to a temporary storage locker, along with the Property Transfer form. The form shall be signed with the date and time by the returning person. If the Evidence Technician is available, the evidence can be directly returned to him/her. If the Evidence Technician is not on duty, item may be placed in an evidence locker. 17. PROCEDURES FOR THE RETURN OF PROPERTY: A. Property withdrawn from the Evidence Room, but not retained at its destination, shall be returned to the property system as follows: 1) When the Evidence Technician is on duty, the property will be turned into the Evidence Technician. The Property Transfer form shall also be signed and returned to the Evidence Technician for attachment to Evidence/Property report. At the time of disposal of property, the Property Transfer form shall be returned to the original case in Records. 2) When the Evidence Technician is absent, the person returning the property shall sign his or her name in the space provided on the Property Transfer form, and shall place the returned property, together with the form, in a temporary storage property locker. The Property Transfer form will then be attached to the Evidence/Property report. The Evidence Technician will indicate the date and item numbers of the property returned in RMS. B. Medical Marijuana – See Procedure F-04. 18. TRANSPORTING EVIDENCE FROM COURT: High risk evidence (like jewelry, cash, weapons and drugs) will be transported by a Police Officer. When the Evidence Technician determines that high risk items are involved, and a Police Officer is not already assigned to transport the evidence, the Evidence Technician shall notify the Detective Supervisor. The Detective Supervisor shall then arrange to have a Police Officer pick up and return the evidence. The officer is to submit a supplemental narrative to the case documenting who was contacted, what was picked up, and where it was stored in the Department.
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Non-high risk evidence may be transported from court by civilian and volunteer personnel. The Evidence Technician shall coordinate the transportation of this evidence.
PHOTOGRAPHIC EVIDENCE 19. To set forth policy concerning the processing, storage, distribution and control of digital images and other photographic evidence (CDs, silver-based film, Polaroids, videotapes). 20. It is the policy of the Novato Police Department to accurately record information of an investigation utilizing a variety of media. These media include: CDs, digital cameras, digital video, tape video and digital and tape audio recordings. 21. Digital images may be used to capture images at crime scenes, traffic collisions or any other events deemed appropriate. A Digital Images, Video, and Audio Files 1) Digital images shall be captured with approved Novato Police Department equipment. 2) Individuals using digital cameras shall attempt to use the digital media for one case at a time. If the need arises for two or more cases to be stored on the digital media, the officer shall utilize the case identification card to identify the image series. 3) Personnel may view images within the camera prior to archival. 4) Field personnel shall not delete any digital images within the camera when using it for the purpose of crime scene/evidentiary photography. All digital images will have a sequential number assigned to each frame. 5) All images or digital evidence will be stored consistent with Policy 812 6) After the storing, copying and printing of the digital images captured using a digital camera is complete, the officer will format the media to clear it of all images in preparation for the use of the camera again. B Traditional Photos, Videos and Audio 1) Shall be placed and secured in the Property Section in accordance with evidence guidelines. C Image Transmission and Output: 1) Photographic images shall not be transmitted via e-mail, scanning, disk, CD-ROM or other media to any unauthorized sources to include the Internet CRIME GUNS 22. The purpose of this order is to establish policy and procedures to meet the
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statutory requirements of Penal Code Section 11108.3 (Assembly Bill 2011). 11108.3 PC mandates local law enforcement agencies report the recovery of “Crime Guns” to the Department of Justice for the purpose of aiding in the identification and tracing of Crime Guns. It will provide investigators with historical firearm information. 23. It is the policy of the Novato Police Department to enter Crime Guns into the Department of Justice Automated Firearms System (AFS) for electronic forwarding to the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms (BATF). 24. CRIME GUN DEFINITION: Crime Guns are firearms that have been used in a crime, suspected of being used in a crime, or illegally possessed. 25. ENTRY REQUIREMENTS: Effective January 1, 2002, all Crime Guns must be entered into AFS. The entry format for Crime Gun records is the same as law enforcement records in AFS. Nine new data fields have been added. The Document Code type for the new record will be “Y.” The entry level is California only (ENT/1) and will have a 10-year purge criteria. 26. PATROL OFFICER’S RESPONSIBILITY: It shall be the officer’s responsibility to advise Dispatch of Crime Gun entry information whenever a firearm has been used in a crime, is suspected of being used in a crime, or was illegally possessed. Crime Gun Entry Form 20-41-31(b) lists optional information. Optional means it is not mandatory for the entry, but officers must provide the data if it is known. 27. DISPATCHER’S RESPONSIBILITY: It shall be the Dispatcher’s responsibility to enter all Crime Guns into AFS and to also make a Crime Gun Level 1 entry into AFS. A Dispatcher other than the input operator will verify the entries. Dispatchers shall enter Crime Guns in accordance with the CJIS Manual instructions provided in Department of Justice Information Bulletin #01-09-BCIA. The Bulletin has been filed in the CJIS Manual, AFS Section. 28. Evidence Technician’s RESPONSIBILITY: It is the evidence technician’s responsibility to query AFS and ensure that every firearm accepted into Evidence has been properly entered into AFS, to cancel, and to document the release of all firearms from Evidence. 29. FIREARMS TRACE SUMMARY REPORT: The Bureau of Alcohol, Tobacco and Firearms (BATF) will mail entering agencies a “Firearms Trace Summary.” This report contains investigative results of all tracing information located by BATF on each crime record submitted. BATF reports will be routed to the Investigations Bureau. 30. DOJ OFF-LINE HISTORICAL FILE: All entries and modifications will be available for academic and police research purposes. Information will be available upon request by contacted the Automated Firearms Unit at 916-227-3687.
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PROCEDURE
C-05 Novato Police Department
C05 – CAL PHOTO SYSTEM
SYSTEM DESCRIPTION
1. Cal Photo provides a quick and easy means of visual identification of subjects of interest to public law enforcement agencies in California. For purposes of this document, “law enforcement” refers to both law enforcement and criminal justice public agencies. Cal Photo provides access to mug shot images maintained by California’s law enforcement agencies as well as a connection to the photographs and data maintained by the California Department of Motor Vehicles (DMV).
Cal Photo is accessed from a personal computer (PC) web browser in a secure Intranet Web environment. Cal Photo images conform to National Institute of Standards and Technology (NIST) standards. Cal Photo utilizes the secure DOJ communication network and adheres to the “California Law Enforcement Telecommunication System (CLETS) Policies, Practices and Procedures” (PPPs). Users of Cal Photo must have DOJ network connectivity. Access to Novato Police employees is currently available via the MLEDS connection and the Mobile Data System, both of which are maintained by the Marin County Sheriff’s Office.
Cal Photo can be accessed from Department computers at the following Intranet address: http://167.10.34.14/calphoto.
The Local Administrator will be responsible for: authorizing users in their jurisdiction; auditing the use of the system by their users. Each individual person wishing to access Cal Photo must meet the security requirements and be authorized by their agency’s Regional or Local Administrator.
ELIGIBILITY FOR CAL PHOTO ACCESS
2. Novato Police employees are entitled to access the Cal Photo System as Class I subscribers.
Class I: A Class I law enforcement subscriber is defined as a governmental agency having statutory powers of arrest and whose primary function is that of apprehension and detection. Class I subscribers include, but are not limited to, Sheriffs, City Police Departments, California Highway Patrol, Department of Justice, and the Federal Bureau of Investigation (FBI).
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USER AGREEMENT
3. All law enforcement agencies accessing Cal Photo must file a “Cal Photo User Agreement” signed by the agency’s Executive Officer with the DOJ Cal Photo Program. A new “Cal Photo User Agreement” shall be updated at least every three years, when the head of the agency changes, or immediately upon request from the DOJ Cal Photo Program.
ROLES AND RESPONSIBILITIES
4. Each county/agency must designate appropriate staff who will be responsible for coordinating the necessary system setup and maintenance functions and act as the liaison between DOJ and that agency. Roles and responsibilities include:
• Local Administrator – This person will serve as the primary point of contact between their agency and their Cal Photo Administrator (either the Regional Administrator or the DOJ Administrator). In addition, this person will be responsible for authorizing users in their jurisdiction and auditing the use of the system by their users, and enforcing all Cal Photo policies. (Currently this is Dispatch Supervisor)
• Regional Administrator – This person will serve as the primary point of contact between their county/agency and the DOJ Administrator.In addition, this person may be responsible for: coordinating implementation with the law enforcement agencies in their county, authorizing subordinate Local Administrators at each law enforcement agency in their county, and auditing the use of the system by the Local Administrators and their users, and enforcing all Cal Photo policies (MCSO responsibility).
• Agency Network Administrator – This person will be responsible for ensuring the proper configuration of the local/regional network and/or personal computers to enable access to the DOJ Intranet. This responsibility will extend to network connectivity at remote offices under the jurisdiction of that agency. If the agency currently accesses the DOJ Intranet via a regional network maintained by another agency, it is not necessary to designate a Network Administrator. (Currently this is the City Information Technology Manager)
SECURITY AUDITS
5. Cal Photo (which includes mug shots and DMV images) is considered Criminal Offender Record Information (CORI) and falls under CORI rules and statutes. All transactions are programmatically logged and subject to audit by the respective participating agencies, DOJ and DMV.
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6. All participants must be fingerprinted and have a fingerprint check response on file prior to being granted access to Cal Photo. The minimum background requirements include a California Department of Justice fingerprint check (except FBI offices) and a Federal Bureau of Investigation fingerprint check.
7. It is required that each employee having access to Cal Photo sign the CLETS “Employee/ Volunteer Statement Form” prior to operating or having access to Cal Photo. These forms do not need to be completed if already on file as a result of local agency training procedures. It is recommended that each employee sign an “Employee/Volunteer Statement Form” on a biennial basis, as described in Procedure C-4, Section 13.
8. When a person with access to Cal Photo is no longer employed or no longer accessing Cal Photo on behalf of the law enforcement agency, the local or regional Cal Photo administrator is responsible for changing the access level to “Inactive”.
9. User IDs and passwords ensure access security. Each person will be assigned their own User ID (6-10 characters). A default password will be assigned by the Cal Photo local or regional administrator, but to ensure security, the password must be changed the first time the system is accessed.
10. Cal Photo terminals and information must remain secure from unauthorized access.
CAL PHOTO CONFIDENTIALITY RULES
11. Only authorized law enforcement or criminal justice personnel may access Cal Photo. Any information accessed via Cal Photo is confidential and for official use only by authorized law enforcement personnel. Access is defined as the ability to view or print any information provided through Cal Photo.
12. Access to information through Cal Photo is on a “right to know” and “need to know” basis.
13. Authorized personnel shall not inquire into their own record or have someone inquire for them.
14. Accessing and/or releasing Cal Photo information for non-law enforcement purposes is prohibited, and is subject to administrative action and/or criminal prosecution.
15. All Cal Photo information retained must be stored in a secure and confidential file. All Cal Photo photo line-ups shall be booked into NPD Evidence once line-up showings have been completed. Individual Cal Photo images may be either attached to the report, placed into NPD Evidence, or destroyed as described in
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item 16.
16. When an agency determines Cal Photo information is no longer needed, the information shall be destroyed in a manner so that the identity of the subject can no longer be reasonably ascertained; e.g., shredding.
17. Information received from Cal Photo must be maintained separately from non-law enforcement information.
18. Terminals must be away from public view with a log-on/log-off password process in place.
19. Cal Photo information, which includes any information or image received through Cal Photo, shall not be released to the media. Only the owner agency of an image/information may release the information to the media, and only if it meets that agency’s release policy; e.g., only DMV may release DMV images or information.
USER IDs AND PASSWORDS
20. The Cal Photo Program shall ensure that an Access Administration Control Program consisting of, at a minimum, a unique individual User Identifier (ID) and User Selected Password for each employee is utilized on every system capable of Cal Photo access. At a minimum, an electronic verification of manually keyed unique User ID and Password shall be required to initiate access.
The Cal Photo Program shall ensure that the following authentication is enforced:
• Passwords are a minimum of six (6) characters to a maximum of ten (10) characters in length and are case sensitive. • Passwords may be a combination of alphabetic and/or numeric characters chosen by the owner of the User ID, and should not be identifiable with the person using them, such as names or initials of the user, or a family member. • The system will require each user’s password to be changed once every ninety (90) days. • After a password expires or has been changed, it shall not be used by the same person for at least four iterations.
The Cal Photo subscribing agency shall ensure that the following password policies are enforced:
• Passwords shall not be displayed in a readable manner or written down. • Passwords shall be kept confidential. • Passwords may be reset by the Cal Photo Administrator when required. • Reset of the end user’s password will require verification of the individual’s
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identity • Any programming of a User ID or password for log-on purposes is prohibited. • Each user shall not share their User ID/passwords for accessing Cal Photo. • User Id and password must not be maintained in a manner accessible by others. • Deactivation of a user account, if the user is no longer required to perform the duties related to the approved business purpose, is no longer employed by the subscriber agency, or has been suspended from employment. DOJ shall immediately deactivate a user account if the user: Dispatch Supervisor assigns Cal Photo access and deactivates accounts for Department employees.
• Is suspected of, or conducts an unauthorized access, disclosure, or misuse of Cal Photo records. • Does not comply with a security requirement identified within the Cal Photo Policies, Practices, or Procedures.
The session log-on will be programmatically terminated by Cal Photo after twenty (20) minutes of inactivity. Termination shall not be transparent to the user.
CONTACT INFORMATION
Cal Photo Program 4949 Broadway, Room H229 Sacramento, CA 95820 (916) 227-5774 e-mail: [email protected]
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PROCEDURE
C-07 Novato Police Department
C07 – GENERATOR – EMERGENCY POWER
PURPOSE
The objective of this order is to describe the operation of the Emergency Generator in the event electrical power is lost to the Police Department.
PROCEDURE
1. A Public Works Equipment Maintenance Technician is responsible for performing routine maintenance, fueling, and tests the generator twice a year. The Services Lieutenant, or designee, will ensure compliance. All procedures relating to the operation of the generator will be posted in the "generator" room located in the Police parking garage.
2. The Dispatcher shall notify the Corporation Yard and Dispatch Supervisor after every emergency generator operation. This notification can be completed by phone or electronic mail. An Equipment Maintenance Technician will inspect the equipment for any problems that may have occurred.
3. Emergency Generator supplies power to the entire building. There is no need for a RED EMERGENCY outlet to receive emergency power.
4. EMERGENCY POWER. In the event of a utility power failure, the automatic transfer switch will activate the generator when the utility power is lost. After the generator has started the transfer switch will switch to emergency power and transfer the generator to power the building. This process should take about 5-10 seconds.
5. SHUT DOWN. When utility power is restored, the transfer switch will switch from generator power to utility power. The generator will then go in to cool down mode. The generator may run for up to 10 minutes and will then shut down. If the generator does not shut down, Turn the OFF/ MANUAL/AUTO switch to "O". After engine stops the switch may be returned to AUTO so it may restart.
6. MANUAL EMERGENCY POWER PROCEDURES. In the event the generator does not start and there is no power in the building, employees
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should determine if the generator is running. If generator is in alarm mode, press the "Fault Acknowledgement" button before proceeding. If the generator is not running, proceed to the Generator Room and follow these steps:
A. Tum Off/Manual/Auto switch to “Manual." B. Press the "Manual Run/Stop" button to start. C. If the unit fails to start, contact the Corporation Yard for assistance. During non-business hours contact Mike Brunelle first, if unavailable proceed with the callout protocol.
7. MANUAL POWER TRANSFER. This is a black out condition when the generator is running but not supplying power to the building.
A. Shut down the generator. Switch the OFF/ MANUAL/AUTO switch to "O," the generator will shut down.
B. Go to the Electrical room located by the roll up door in the garage. Tum the primary circuit breaker off.
C. Open the transfer switch door located in the generator room (green cabinet).
D. Manually switch the transfer switch to Emergency power. This is accomplished by pushing the large black handle in the middle of the cabinet down.
E. Close transfer switch door
F. Start Generator.
G. After utility power has been restored. 1. Manually tum on the primary circuit breaker in the electrical room. 2. The generator should transfer itself back to utility power.
H. If transfer switch does not transfer to utility power: 1. Turn off primary circuit breaker located in electrical room. 2. Tum off generator by turning the OFF/MANUAL/ AUTO switch to "O" 3. Open transfer switch door 4. Manually transfer the switch back to utility power by pushing the black handle upwards.
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5. Close transfer switch door. 6. Tum the primary circuit breaker on in the electrical room.
8. MANUAL STOP. To manually stop the generator, respond to the generator room and tum the "Off/Manual/Auto" button to "O." If the generator still fails to stop, press the "Emergency Stop" button. This will cause an alarm on the generator panel in dispatch.
9. GENERATOR STATUS PANEL. An audible alarm will sound when there is a detected problem with the generator. After silencing the alarm, if the system does not reset, advise the Corporation Yard and Dispatch Supervisor of the alarm activation.
10. UNITERUPTE D POWER SUPPLY (UPS). There is a UPS located in the dispatch equipment room. The UPS will provide power to dispatch equipment plugged into the top electrical sockets in dispatch . This allows systems to continue working through a power outage/surge, without interruption, until another power source is received (i.e. the generator). The UPS can carry dispatch for 30-60 minutes, based on the number of devices drawing power from the UPS. Generally, the generator will detect a loss of power and begin operating and no longer use power from the UPS.
A copy of the front panel of the generator is attached to this order.
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If generator is in alarm. Press the FAULT ACK NOWLEDG MENT button before proceeding
MENU SELECTION SHUT;DOWN AND BUTTON PREV WARNING STATUS (1 of 4) IOUS INDICATORS MAIN MENU
AND LAMP TEST BUTTON Manual Start- tum OFF/MA NUA L/AUTO switch to MANUAL Press the MANUA L RUN/ STOP button to start. If unit fails to start contact the Corporation Yard for help To stop unit- Tum OFF/MA N UA L/AUTO switch to 0 If generator fails to stop press the EMERGENCY STOP button . * This will cause an auditable alarm to sound in dispatch
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PROCEDURE
C-09 Novato Police Department
C09 – ALL POINTS BULLETINS (APBS) / ADMINISTRATIVE TELETYPES / AND CJIS/NCIC ENTRIES
1. The purpose of this order is to establish procedures for All Points Bulletins (APBs) and for sending and routing administrative messages.
2. The Novato Police Department will follow the broadcast procedures established by Marin County Sheriff’s Office as outlined in the MCSO Communications Procedure Manual. The Novato Police Department will follow Department of Justice guidelines for sending administrative teletypes. The Novato Police Department will limit radio transmissions to APBs with officer safety information, investigative solvability factors and items determined to be appropriate for local broadcast.
BROADCAST PROCEDURES
3. COUNTY DISPATCHERS: MCSO will broadcast All Points Bulletins on BLUE CMD.
A. The APB will be proceeded by two 2 second alert tones and the announcement "All Points standby for (i.e. 211) Bulletin." There should be a pause prior to the broadcast. Officers will be advised to monitor BLUE CMD. B. The Bulletin will be broadcast twice by Marin County Communications over BLUE CMD. The Bulletin will be broadcast twice so all information may be recorded accurately. C. Emergency Broadcast for Assistance (11-99) and County Road Block (Code 777) Bulletins will be broadcast on BLUE CMD.
4. NOVATO DISPATCHERS: Novato dispatchers shall:
A. Monitor APBs on BLUE CMD. Upon notification of an APB broadcast, dispatch will alert Novato units to monitor BLUE CMD for an All Points Bulletin. Officers who miss the first broadcast should continue to monitor BLUE CMD for the repeat broadcast.
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A. Relay APB information to officers who were out of service at the time of the broadcast. B. ADMINISTRATIVE AND AUTOMATED TELETYPE MESSAGE PROCEDURES
5. AUTHORIZATION TO SEND ADMINISTRATIVE/APB MESSAGES: Only dispatchers, or should the need arise, the Marin County Communications Center, are authorized to enter administrative teletypes or All Points Bulletins. Any officer may initiate a teletype message with approval from any supervisor. Refer to CLETS Operating Manual Section 7.0 for permitted and prohibited broadcasts. Dispatchers should advise a supervisor if the content is not in keeping with State requirements.
A. A copy of the teletype broadcast or adminstrative message will be forwarded to the case. 1) Don’t send an APB if the information can be entered into CLETS/NCIC unless there are extenuating circumstances; i.e., suicidal subject armed with a gun, missing person at risk, etc. 2) Use APB group bulletins whenever possible. 3) Administrative messages should be brief and concise. B. Communications will send Teletypes on stolen vehicles and missing persons listed below using information obtained from the officer via phone while at the report scene. The objective is to expedite alerting adjoining agencies of these types of cases. 1) Stolen Vehicles: Communications will send a Group Bulletin teletype to Contra Costa (3207), Marin (3221), and Sonoma (3249) Counties when the vehicle was taken within the last 4 hours of the report. 2) Missing Persons - classified “At Risk” and missing persons under the 12-years-of-age: Communications will send a Group Bulletin teletype to Marin (3221) and Sonoma (3249) Counties or appropriate area if the subject may be en route to a specific location.
6. RECEIPT OF CLETS ADMINISTRATIVE/AUTOMATED MESSAGES: Communications will be the receiving point for all Administrative Messages from other law enforcement agencies. Incoming teletypes will be processed in the following manner:
A. Administrative Messages specifically addressed to an individual or bureau will be routed as designated.
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B. Administrative Messages requesting immediate police assistance will be referred to the field supervisor for appropriate action. C. Police Funeral Notices will be routed to the police administrators and a copy to the.message emailed to Operations Center. D. When Administrative Messages are received from adjoining jurisdictions involving "Just Occurred" crimes (Priorities 1 or 2) or Administrative Messages from jurisdictions out of the immediate area where there is an indication that the subject of the Administrative Messages may be en route to or in the Novato area, the field supervisor will be notified and advised. The field supervisor will determine if the information will be broadcast over the radio, relayed by phone, or emailed to Operations Center for briefing for general interest. E. All other Administrative Messages not falling in any of the above described areas will be evaluated by the on-duty dispatcher. Administrative Messages that do not appear to be of Departmental interest shall be discarded. F. Dispatchers will scan to the Operations Center for briefing, any information specific to our agency, examples include special patrol requests, traffic enforcement requests and any Administrative Messages not specific to Novato but of possible interest to our agency.
7. CJIS/NCIC AUTOMATED SYSTEMS ENTRY AND CANCELLATION: Requests for computer entries (original entry or cancellation) will be associated with a police report and/or supplemental narrative. Officers will notify dispatch of computer entries/cancellations to be completed. An exception is impounded, stored, stolen vehicles and missing persons at risk or under age 12, which will be entered and canceled immediately upon notification by an officer. When dispatch is advised of a pending computer entry, the Automated Report Writing System (ARS) will be accessed to obtain the necessary information to complete the entries. A. All Vehicle Entries: When an entry into SVS is required, officers will provide the model, style, color, plus last four (4) digits of the VIN (so the Dispatcher can match it to the Registration printout). B. Missing Persons: Officers may contact Communications by telephone to provide the necessary information for the MUPS entry or complete the computer entry form. C. Each entry and cancellation into the automated systems will be verified and validated with the information documented in the police report. (See Communications Order 10 in the Technical Services Manual.) Each computer entry will have the “input and verification” stamp, with the date of entry and verification and respective dispatcher’s initials. When verifying computer entries, information in the police report should be compared to the data in the entry.
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PROCEDURE
C-11 Novato Police Department
C11 – APBNET
1. It is the policy of the Novato Police Department to utilize the APBnet System to produce and distribute high quality color flyers to assist in the recovery of abducted/missing children and to aid in the investigation of serious crimes. No information is to be sent that violates CORI (Criminal Offender Release of Information) guidelines.
2. DEFINITIONS. APBnet Administrator. APBnet Administrator is the Commander in charge of Services and Administration Division.
3. RESPONSIBILITIES. A. The APBnet Administrator is responsible for all budgetary considerations dealing with the APBnet System. The APBnet Administrator is the final authority regarding the use of the APBnet System. B. The Services Division is responsible for the day-to-day operation of the APBnet System and its maintenance. Supervisors are responsible for training personnel in the use of the APBnet System.
PREPARING AND TRANSMITTING FLYERS
1. Personnel shall not use the APBnet Computer System until they have received the appropriate training.
2. Prior to using the APBnet System to prepare a flyer, personnel shall obtain permission from their supervisor.
OPERATION
1. Once the preparation of the flyer has been approved, personnel will do the following: A. On the APBnet System main menu click on “Create New Bulletin.” This will take you into the Create New Flyer Menu.
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B. Select from the list of options, click on “Create New Bulletin”. This will take you to the ‘type of bulletin” menu.
*At anytime if a previous page needs to be reviewed, simply click on the “Back” button*
C. Select type of bulletin from the drop down menu by clicking on the appropriate box. 1. Crime, Missing person, FYI a) Select a sub title from the drop down menu and then click done to proceed b) Select number of images by clicking on the appropriate box. c) Select a format by clicking on the image, portrait or landscape
2. Click in each box to enter appropriate info. (Boxes with red print are required) a) Enter all and any information that is required and pertinent to the bulletin. This information can be edited by simply going back and clicking in the box.
3. Click in the image box a) A window will appear. Select, “Image from scanner.” b) Place image into the scanner and select scanner (WIA- HPSCANJET 7600 SERIES 1.0) This image will be displayed on the monitor and can be edited or ropped if desired. -Once the image is satisfactory, click on the, “Done” box. -The image will be automatically transferred to the bulletin.
4. Once the bulletin’s narrative and image is proof read and edited, print (HP Color Laser Jet 4650 PCL 6 – Sergeant’s office) a copy for Supervisor review and approval.
5. Click on the “Send” button and choose from the two options listed. a) Click on the, “Select Org-Geo Group targets.” - Select an organization type from the drop down menu. - Choose appropriate state(s). Click multiple if desired. - Choose appropriate county(s). Click multiple if desired. - Choose from, “Select some or all cities”. - Once done, click on, “Done Adding Org-Geo Targets”. - This will bring you back to the target selection page, if no new targets are desired, click, “Send Bulletin.” - Once all steps are completed, click on the “Done” button.
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- Once the flyer has been completed and sent, a supplement will be written documenting the completion of the flyer, who completed the flyer, and who authorized it to be sent. It will also list which agencies were selected for the flyer to be sent to. RETRIEVING AN EXISTING BULLETIN
7. A. If an individual needs to print additional copies of a bulletin or wants to view a previously prepared bulletin, clink on “Search for Bulletin” from the main menu.
B. The search criteria window will appear, choose a date range by entering dates into the to/from boxes, or by selecting dates from the drop down calendar.
There are four additional drop down menus to narrow down the search criteria in this window. If no changes are made to the menus, the selections will default to the previous search. When completed click “search”, this will bring a list of existing bulletins to the active window, double click on the flyer you want to view and the bulletin will be brought into the active window.
C. To print the bulletin click on the “print” box on the right side of the window, this will bring up a printable version of the bulletin, click the print icon on the tool bar or use the drop down menu by clicking “file”. The last print window will appear; click on print and the bulletin will be routed to the color printer in the Sergeants’ Office.
LOADING REMOTE BULLETINS
8. The main APBnet computer remains on 24-hours a day. This includes the scanner and the printer.
9. The computer will start “beeping,” When a new bulletin is received.
10. On the Main Menu screen “Click here to see new bulletin” button will be changing from blue to yellow repeatedly. At this point click on the “Click here to see new bulletin” box. This will automatically load all of the pending flyers into the APBnet System.
11. To print these flyers follow the procedures in the “Retrieve Existing Bulletin” section of the order.
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12. Two copies of all flyers will be printed. One copy will be placed on the Sergeants’ Log and one copy will be routed to Investigations.
GENERAL INFORMATION
13. Do not send or distribute flyers with Criminal History Information or other sensitive matter.
14. Contact the on-duty Supervisor if you need assistance or have questions regarding the use of the system.
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PROCEDURE PROCEDURE C-12 Novato Police Department
C12 – ARMORED RESCUE VAN
The purpose of this policy is to provide direction for the usage, training, and storage of the Novato Police Department Armored Rescue van.
USE OF ARMORED RESCUE VAN
1. The Armored Rescue van shall be used as an armored vehicle resource for the Novato Police Department and neighboring allied agencies, with the goal of safely resolving incidents where there exists an objective risk to the safety of civilians and/or officers from a person or persons who may be considered armed and dangerous or during incidents that have a probability of compromising safety to civilians and/or the public.
2. The use of the Armored Rescue van should be authorized by the Watch Commander, or, in their absence, a Patrol Sergeant unless exigent circumstances exist. If an exigent circumstance exists and the Armored Rescue van is utilized with Patrol supervisor authorization, notification to the Watch Commander should be made as soon as practical. The Armored Rescue van will only be utilized with supervisory approval, for purposes including, but not limited to, incidents involving potentially armed subjects, SWAT callouts, high-risk search warrants, officer or civilian rescues, authorized training or any situations deemed necessary where the use of the Armored Rescue VAN would be an asset.
3. The Armored Rescue van may be used for static displays at community events, for engagement and educational purposes.
4. When time permits, an inspection of the Armored Rescue van should be made prior to use. A post-use inspection shall be conducted upon the conclusion of the incident/event. Any damage and/or equipment needs shall be communicated to the Vehicle Maintenance Officer and the SWAT Team Leader.
5. Only those who have received Department approved training will be authorized to operate the Armored Rescue van. If staffing allows, a Tactical Liaison Officer (TLO), preferably a tactical officer, shall accompany the driver in the Armored Rescue van.
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ARMORED RESCUE VAN OPERATION TRAINING
1. Periodic briefings and training will be conducted on the operation and deployment of the Armored Rescue van. A valid class "C" California driver's license is required to drive the Armored Rescue van. The training should be documented through the Professional Standards Unit.
2. A pre-operational checklist will be maintained within the driver’s compartment of the Armored Rescue van. At a minimum, this checklist should include:
a. Instructions to operate and store the Armored Rescue van.
b. Warnings and safety information.
c. Identification of equipment contained in the Armored Rescue van.
ARMORED RESCUE VAN DEPLOYMENT CONSIDERATIONS
1. When considering deployment of the Armored Rescue van, the authorizing Commander or Supervisor should:
A. Assess the situation and based on the objective facts, determine that the discretionary use of the Armored Rescue van may contribute to the safe resolution of a critical incident where there is a risk of injury or death to civilians or officers.
B. Whenever practical, create an operational plan (documented in the Department approved Operations Order form) for deployment of the van consistent with this policy, current law and the Department's Use of Force Policy.
C. The van may be used to locate and contain a threat by providing cover for officers, facilitating a rescue of an injured or endangered person, or as a tactical resource to allow officers to take into custody a person who presents an objective risk of injury or death to civilians or officers.
D. When selecting a rescue team, the supervisor should consider experienced personnel, such as current or former SWAT Team members, Crisis Negotiators (CNT) and officers who have received Crisis Intervention Training (CIT). In addition, the rescue team should include cover officers and officers equipped with less lethal force options. Fire and ambulance personnel should be staged to accept injured persons at the end-point of the rescue.
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EMERGENCY AND NON-EMERGENCY REQUEST OF THE ARMORED RESCUE VAN BY OUTSIDE AGENCIES
1. In the event of an emergency request for the Armored Rescue van, the Watch Commander, or in his/her absence, a patrol sergeant may approve the request for the Armored Rescue van to assist outside agencies for emergency purposes. If staffing allows, a Tactical Liaison Officer (TLO), preferably a tactical officer, shall accompany the driver in the Armored Rescue van to assist outside agency requests. A non-sworn uniformed member of this organization may deliver the Armored Rescue van but shall not participate in its operational use.
a. In the absence of a Department member, a representative of the requesting agency may respond to the Novato Police Department to take possession of the Armored Rescue van.
b. Only those members of the requesting agency who have completed Novato Police Department training specific to the use of the Armored Rescue van will be authorized to operate the vehicle.
2. The on-duty supervisor will be responsible for coordinating the delivery of the Armored Rescue Van to the responding representative and documenting the delivery in an e-mail to the Watch Commander, SWAT Commander, and SWAT Team Leader.
3. The request for mutual aid response with the Armored Rescue van by outside agencies, for purposes other than emergencies, shall be authorized by Command Staff. Notification of the use of the Armored Rescue VAN shall be made to the SWAT Commander and SWAT Team Leader.
4. The Armored Rescue van will be deployed in accordance with Novato Police Department policies. All Novato Police Department personnel will follow Novato Police Department policies when assisting outside agencies.
ARMORED RESCUE VAN STORAGE
1. The Armored Rescue VAN will be stored at the Novato Police Department and parked in its designated parking stall. When appropriate, the Armored Rescue van MAY be plugged into a “trickle charger” when being stored.
ARMORED RESCUE VAN MAINTENANCE
1. Maintenance of the Armored Rescue van is the responsibility of the Department Fleet Manager, and/or their designee, and SWAT Team Leader. The Fleet Manager should coordinate with the SWAT Team Leader when scheduling van maintenance or repairs to ensure there are no scheduled events and/or trainings.
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2. Officers from the SWAT Team will routinely check the Armored Rescue van and its equipment, including but not limited to, ensuring the battery is charged, all assigned equipment is present and in good working order, the trickle charger is attached, the engine will turn over, the van is in general working order and there is no damage. When reasonable, the van should be fueled after each use.
3. The City of Novato Corporation Yard will perform repairs on the van and maintain a preventative maintenance schedule.
4. The Armored Rescue van should be driven twice a month, preferably every two weeks, to ensure and maintain operational readiness. The vehicle should be driven an appropriate distance to evaluate all vehicle functionality and ensure vehicle operation at full temperature.
5. A usage log, in addition to vehicle sign out log for internal use, will be maintained in the Armored Rescue van. All usage of the van, to include maintenance operation, will be documented.
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PROCEDURE
C-13 Novato Police Department
C13 – AT RISK PERSONS FILE
PURPOSE
The purpose of this order is to establish a procedure for collecting information and maintaining a database for subjects who have a medical condition or are mentally challenged, causing them to become disoriented.
PROCEDURE
1. If an officer contacts a subject who meets the criteria above, the officer should complete a “Field Interrogation Card” documenting the contact. The Field Interrogation Card should include the subjects name, address, phone number, date of birth, physical descriptors, nature of their condition (Example: Dementia), and contact information. A digital photograph should be taken of the subject, and all information including photo should be put into Mark43 RMS
2. The officer will advise dispatch of the Mark43 entry. The dispatcher will enter the information from RMS into the “At Risk Persons File” database located on the “G” drive, and attach the Link from Mark43 photo
3. Personnel can view photographs in the database by accessing the “G” drive, operations division select the folder “At Risk Persons,” and select photos. This will display a thumbnail view of all the photographs in the database. Personnel can view contact information by selecting “Adults at Risk” spreadsheet.
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PROCEDURE
D-03 Novato Police Department
D03 – NUISANCE ANIMAL COMPLAINTS
1. The purpose of this procedure is to establish procedures and guidelines for the handling of Nuisance Animal Complaints.
2. It is the procedure of the Novato Police Department to respond to Nuisance Animal Complaints, barking dogs, and animal trespassing complaints to preserve the peace and the quiet in city neighborhoods.
3. Chapter 3 of the City of Novato Municipal Code describes the Novato Animal Control Regulations.
4. Novato Municipal Code - Animal Services Regulations, Section 3-1.20: Prohibition of habitual animal noise which disturbs the peace shall be as follows:
A. Subject to the provisions of subsections 3-1.20b, c, and d of this section, it is unlawful for any person to suffer or permit any dog, cat, fowl, or other animal to habitually bark, yelp, howl or create noise in such a manner which unreasonably disturbs the peace of any person(s). Such repeated acts after the receipt of a request to address the disturbance of the peace shall constitute a public nuisance. B. Any person who shall keep or permit to remain on any premises, an animal which disturbs the peace of any person in the manner set forth in subsection 3-1.20a of this section shall be guilty of an infraction for a first offense and for a subsequent second offense. Any person found in violation of this subsection for a third or additional offense shall be guilty of a misdemeanor. An animal kennel regulated by a use permit under the provisions of the Novato Municipal Code shall not be subject to the provisions of this section. This section shall not apply to customary animal noises of livestock, horses or other animals kept for agricultural activities in areas including but not limited to farms, ranches and stables which are zoned or legally permitted for such purposes.
C. Except as otherwise provided in subsection 3-1.20d of this section, where the animal owner/guardian is present and available on the premises, police
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officer or sheriff will notify the keeper of the offending animal of the noise violation and direct that such violation be abated. If a second complaint is received from any person within 30 days of the notice of complaint of an additional violation by the animal, then a citation may be issued. If an animal creates noise, but not to the extent of a half hour of continuous noise, and the owner/guardian is not present at the premises, a written notice shall be issued upon a first complaint that a further violation will result in the issuance of a citation. Written notice shall be sufficiently served by securely posting the notice upon the door of the premises where the animal is kept. Whenever possible, the police officer or sheriff may recommend the services of county mediation to the complainant and the owner/guardian or person in possession of the animal as a means of resolving the animal nuisance noise. If mediation is refused by either party or is unsuccessful at the end of the 30 business days, then the direction that violation be abated shall remain.
D. If the animal owner/guardian of the offending animal is unavailable, the police officer or sheriff may issue a citation with a first complaint if it is determined, after investigation of the complaint and interview of the complainant, that the noise created by the animal has persisted for more than one-half hour and cannot be abated or quieted so that it continues to disturb the peace of the complaining person(s). The police officer or sheriff may in addition make a referral to animal services so an investigation may ensue as to whether the animal should be taken into protective custody. The animal may be taken into protective custody by animal services for animal owner/guardian abuse, neglect, or any other grounds within their authority. An animal placed under protective custody under this section may be redeemed by the owner/guardian provided there is presented to the animal services agency proof of the owner/guardian's identity and any required license certificate or license tag or other satisfactory proof of owner/guardianship and by paying the charges referenced under subsection 3-1.16 and the fees that may be established by separate ordinance of the board of supervisors of the County of Marin in reference thereto. E. The owner/guardian of an animal taken into protective custody under this section shall be entitled to a hearing conducted by a hearing officer designated by the county administrator of the County of Marin or his/her designee pursuant to the provisions of subsection 3-1.22f.4. The hearing shall be conducted for the purpose of determining whether the taking of the animal into protective custody was proper. The hearing shall be held within 10 business days following the taking of the animal into custody provided such owner/guardian files a written request for a hearing within five business days following written notice. The hearing shall be conducted in accordance with the provisions of subsections 3-1.22f.7, 8, 9 and 10. Unless
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the hearing officer otherwise determines, the owner/guardian is liable for all charges related to such taking of the animal into protective custody.
5. Handling officers shall adhere, but are not limited to the following guidelines when investigating a barking dog complaint:
A. Contact complainant and investigate the circumstances.
B. Contact the responsible owner and advise of the complaint.
C. Seek cooperation in remedying the problem. Advise all parties that a mediation hearing may be sought through the Marin County Administrator's Office, at (415) 499-7454.
D. Advise responsible that future complaints could result in the responsible being cited or a complaint being filed in Municipal Court.
E. Document the call in CAD as a 415A. A Field Interview report shall be generated in RMS in order to maintain a record of disturbances at the residence. If a citation is issued, a Field Interview report is not necessary.
F. Inform the complainant that, if the owner is to be cited he or she must sign a citizen arrest form. The investigating officer shall then cite the owner or keeper under Novato Municipal Code 3-1.20(a) and complete an Incident/Offense report in RMS documenting the incident.
6. If an officer chooses to cite the owner or keeper of the offending animal, the officer shall get the owner's or keeper's signature on a citation, promising to appear in court. Should the officer not be able to contact the owner or keeper after reasonable and documented attempts a citation shall be mailed to the violator.
7. Upon the first and second offenses the owner or keeper shall be cited and charged with an infraction. Upon the third offense the owner or keeper may be charged with a misdemeanor per Novato Municipal Code 3-1.20(a).
8. If the owner or keeper refuses to sign a citation, the owner or keeper may be taken into custody under the authority of 853.5 P.C.
9. If there are circumstances (i.e., the owner or keeper attempts to flee or physically resist arrest), the owner or keeper may be charged with 148 P.C. In the latter case, an officer shall notify the on duty supervisor of the circumstances prompting the decision to arrest.
10. Should an officer respond to a barking dog complaint where the owner or keeper
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cannot be found, the officer shall do the following:
A. Document the offense in a Inicdent/Offense report and request it be forwarded to the Marin County Humane Society.
B. It is mandatory in this policy that the Reporting Party be willing to sign a complaint against the owner of the offending animal in order for the officer to issue a citation.
C. Set a follow-up to re-contact and cite the owner or keeper at a later date.
D. Re-contact the complainant and inform him/her that a case was documented and the officer will issue a citation at a later date.
11. Should a misdemeanor citation be issued, and the defendant requests a trial, the matter will be prosecuted by the Novato City Attorney.
12. There may be times when the officers discover that a barking problem is related to an animal neglect or cruelty problem. Under these circumstances, the case will be investigated by the Marin Humane Society and the Novato Police Department.
13. Novato Municipal Code Animal Control Regulations, Section 3-1.17: regarding the prohibition of animals trespassing on public property indicates the following:
A. Dogs at Large in Public Areas. It is unlawful for the owner/guardian or person having control of any dog to permit the same, under any circumstances, to be off leash in, on or about any public property within the city, including, but not limited to, any park, school, school grounds or open space area, except public property posted with signs permitting dogs to be off leash. Every dog found running at large in violation of the provisions of this section shall be immediately seized and impounded. Any duly authorized peace officer or animal services officer shall be entitled to take such other action as may be reasonably necessary for the protection of public health and safety. Handling officers are to adhere, but are not limited to the following guidelines:
1) Complaints of animals trespassing shall be handled as any other nuisance complaint. 2) Contact Reporting Party. 3) Contact responsible and request that the animal be confined. 4) Log entry in CAD. 5) Repeated complaints may result in issuing a citation for Novato Municipal Code - Animal Control Regulations 3-1.17.
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14. Dogs at Large on Certain Private Lands. It is unlawful for the owner/guardian or person having control of any dog to suffer or permit the same to be upon the lands of another without the consent of the owner or person entitled to the use or possession of such lands. 15. Marin Humane Society will handle all potentially dangerous and vicious animals.
16. As reference, the following is a listing of several sections of the Novato Municipal Ordinance Chapter 3 - Animal Control. a) 3-1.2 - Definitions b) 3-1.3 - License Requires c) 3-1.12 - Animal Services Authority (Marin Humane Society) d) 3-1.17 - Dogs at Large in Public Areas e) 3-1.18 - Dogs at Large on Certain Private Lands f) 3-1.19 - Dog Control by Responsible Person g) 3-1.20 - Prohibition of habitual noise which unreasonably disturbs the peace h) 3-1.21 - Prohibition of animals causing damage to public or private property i) 3-1.22 - Potentially dangerous or vicious dogs j) 3-1.23 - Prohibition on keeping undomesticated animals (See 3-1.24 for definitions) k) 3-1.26 - Limitation on number of dogs l) 3-1.29 - Reporting animal bites m) 3-1.30 - Stray livestock n) 3-1.39 - Animals and vehicles o) 3-1.41 - Penalty for violations p) 3-2 - Livestock on highways
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PROCEDURE
D-04 Novato Police Department
D04 – EXCITED DELIRUM RESPONSE
1. OVERVIEW
Excited Delirium (ED) is a life-threatening medical emergency. Once officers encounter a person displaying symptoms of excited delirium steps must be taken to ensure appropriate medical intervention as soon as possible. A person in the throes of this acute excited state should be considered in extreme medical crisis, and he or she may die, despite all reasonable precautions taken by officers and other emergency responders to help and protect the person.
In addition to whatever law enforcement response may be required, the incident shall be managed as a medical emergency. As there can be no medical intervention without custody, officers will take reasonable and necessary action, consistent with provided training and this directive, to ensure that the person receives a police response which is appropriate to his/her needs, while protecting the safety of all concerned.
2. DEFINITION
Excited Delirium - A state of extreme mental and physiological excitement, usually associated with chronic illicit drug use, characterized by exceptional agitation and hyperactivity, hyperthermia, hostility, exceptional strength, aggression, acute paranoia, and endurance without apparent fatigue.
Excited Delirium presents as a cluster of physiological and behavioral symptoms, which may include: a. Bizarre and/or violent behavior b. Confusion or disorientation c. Incoherent/nonsensical speech d. Hyperactivity e. Acute paranoia f. Aggression g. Profuse sweating h. Hyperthermia i. Shedding of clothes or nudity j. Hallucinations k. Attraction to glass (smashing glass common)
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l. Drooling/Foaming at the mouth m. Fear and panic n. Exceptional physical strength o. Endurance without apparent fatigue p. Ability to effectively resist multiple officers
3. PROCEDURE
A. Communications Responsibilities
1. Upon receipt of a call for service that may lead the dispatcher to believe that a person is exhibiting signs of Excited Delirium, as described above, a minimum of four (4) officers will be dispatched, if practical, and the Watch Commander will be notified.
2. Dispatchers shall also request emergency medical services (EMS) when the original nature of the call dictates, or when requested by officers on the scene. EMS personnel shall be advised to stage at a location a safe distance from the scene until notified by officers that the scene is secured.
B. Responding Patrol Officer(s) Responsibilities
1. Responding officers shall assess the situation to determine if the person is suffering from ED. The determination must necessarily be based on a rapid assessment of the overall scenario and behavior of the subject. If ED is suspected, immediately request EMS and the Watch Commander if they have not been initially dispatched.
2. If the ED subject is armed and/or combative or otherwise poses a threat that requires immediate intervention, officers shall employ reasonable and necessary force to protect themselves and others and take the person into custody.
3. If the ED subject is unarmed and presents no immediate threat to self or others, officers shall, if practical, contain the subject while maintaining a safe distance and remove others who might be harmed.
4. Officers shall formulate a custody plan prior to making physical contact with the subject, if possible. There can be no medical intervention without custody. The object of the plan is to de-escalate the situation, calm the individual and gain control of the person so that he/she may be medically cared for. If practical, attempt to gain the ED subject's voluntary compliance with these tactics:
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(a) One officer should attempt to engage the subject in conversation. Remain calm, speak in a conversational, non-confrontational manner, and reassure the subject that you are trying to help.
(b) Attempt to have the individual sit down, which may have a calming effect. Also, refrain from making constant eye contact, which may be interpreted as threatening.
(c) Because of the subject's mental state, statements and questions may need to be repeated several times. The subject may be extremely fearful and confused, so be patient and reassuring, as it may take some time for him to calm down.
5. Once sufficient officers are present and if the determination is made that physical force is necessary, the custody plan must be executed quickly, and with overwhelming force, to minimize the intensity and duration of any resistance and to avoid a prolonged struggle, which may increase the risk of sudden death. If possible, officers should ensure medical personnel are staged nearby prior to executing the custody plan.
6. Officers shall take into consideration all available force options and control techniques, with the realization that ED subjects often demonstrate unusual strength, resistance to pain, as well as instinctive resistance to the use of force.
7. Once the subject is in custody and the scene is secured, immediately summon EMS personnel. Officers must keep the restrained subject under constant observation. Place the individual on his or her side and continually monitor and assess vital signs. Be especially vigilant if he suddenly stops resisting and becomes tranquil. Initiate CPR as indicated.
8. Officers shall coordinate with on-scene EMS personnel and transfer custody of the subject to them, assisting in any way to avoid delay in the transportation of the individual to a medical facility. An officer shall be assigned to accompany EMS personnel during the ambulance transport.
(a) Upon arrival at the emergency room, ensure that the subject's core body temperature is recorded.
C. Supervisor Responsibilities
1. The Watch Commander shall respond to and assume command of all ED calls.
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2. The Watch Commander shall ensure that all necessary forms and reports are completed as required, to include as much of the following information as possible:
(a) Description and duration of subject's behavior prior to and after police contact, to include subject utterances and actions, i.e., running, shouting, pacing furiously, etc. (b) Type and duration of resistance (c) Number and identity of officers involved (d) Method of subject transport, to include time transport begins and ends (e) Struggle against restraints during transport (f) Presence or absence of sweating by subject (g) Air Temperature/Humidity at scene of incident (h) Describe resuscitation efforts, number of times attempts were made, and by whom (i) Note Subject's body temperature at scene, if available, at arrival at medical facility and, if applicable, upon death.
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PROCEDURE
D-06 Novato Police Department
D06 – MUNICIPAL ORDINANCE PROCEDURES
1. The Novato Police Department will file all first time municipal ordinance violations as infractions, per Municipal Code 1-5, which permits discretion. Officers must obtain a supervisor’s approval to book on a municipal ordinance violation.
2. INFRACTIONS VS MISDEMEANORS: NPD Form #20-32-14 is a color coded quick guide to municipal ordinance sections and indicates which ordinances are infractions or misdemeanors by statute and which misdemeanors may be filed as infractions in Traffic Court. The advantage of filing all Municipal Ordinance violations as infractions is to minimize expense to the Department and expedite prosecution. Contested infractions are handled with the officer’s testimony in contested traffic court, while misdemeanors and jury trials are prosecuted by the City Attorney.
3. INFRACTIONS: No police report is required.
If violator is present: A. Officers shall: 1) Issue a citation. a) Assign a court date, per Court Case Guide, NPD Form #20-32-14. b) Write the section violated; i.e., “NCO 10-21, Littering in the Park.” B. Records Section personnel shall: Forward the citation to Traffic Court.
If violator is not present: A. Officers shall: 1) Issue a citation as in “A” above, and on the signature line write, “Complaint Request.”
B. Records personnel shall: 1) Route to traffic court
4. INFRACTION COURT PROCEDURES: If the defendant:
A. FTAs on the violation - the court will issue a bench warrant.
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B. Forfeits bail - then no further court proceeding is required.
C. Contested violation(s) - prosecuted in contested traffic court and officers will be subpoenaed by the court. The City Attorney is not involved.
MISDEMEANOR PROCEDURES
5. MISDEMEANORS: While first-time violations should be cited as infractions, it may be appropriate to file misdemeanor charges on repeat or serious offenses. A DOJ Criminal Record will be established for the defendant, only if the defendant is fingerprinted. The City Attorney will represent the Department. The City Attorney will appear at arraignment and advise the Department how the defendant pleads. If the defendant demands a trial, the City Attorney will advise the Police Department.
A. Officers shall confer with a supervisor prior to filing misdemeanor charges.
B. Supervisors shall consider if the violation is significant enough to warrant a jury trial, or if asked by the City Attorney, would they agree to reducing the violation to an infraction (See #11.E).
6. MISDEMEANORS THAT MAY BE FILED IN TRAFFIC COURT: The misdemeanor offenses listed below may be filed in traffic court. Follow procedures in #8 except Records personnel shall copy the citation to the report and route the court’s copy of the citation to traffic court. • 1.7.3 and 1.7.4, Possession or sale of graffiti instrument • 14-10.1, Drinking in public • 14-10.2, Drinking in park • 14-16.3, Juvenile gathering and drinking • 14-6.3 - 14-6.21, Littering • 8.04.179(a) and 8.04.180, Marin county barking dog sections
7. MISDEMEANORS FILED IN CRIMINAL COURT: Misdemeanors not specified in #6 above shall be filed in criminal court. In addition, any misdemeanor listed in #6 above may be filed in criminal court.
A. When the violation is committed in the presence of an officer: Issue a citation as in #3.A. Write a report and specify routing to the City Attorney. 1) Records Section personnel: a. Will copy the citation to the report. b. Fax the report to the City Attorney. Note the appearance date on the fax cover sheet and also that the citation is being mailed to the City Attorney. Attach the fax cover sheet to the original report.
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c. Mail the report and court’s citation to the City Attorney.
B. When the violation comes to the attention of the Police Department after an investigation: Write a report requesting the City Attorney review for a criminal complaint. 1 Records Section personnel will fax the report to the City Attorney. The fax cover sheet shall state “complaint request.” Attach the fax cover sheet to the original report. 2 The City Attorney will prepare a complaint and notification.
8. BOOKING PROCEDURE: If an offender is booked at the county jail solely on a Novato Municipal Ordinance violation:
A. The officer shall: 1 Write an arrest report. 2 Note “booked” on the complaint. 3 Specify routing to the City Attorney.
B. Records personnel shall: 1 Fax a copy of the report to the City Attorney. On the fax cover sheet, advise the City Attorney if the defendant is in custody, or if not, the appearance date.
9. MUNICIPAL ORDINANCE VIOLATION WITH OTHER CHARGES: If the offender is cited or booked on additional charges which would be prosecuted by the District Attorney’s Office: A. Officers shall: 1 List the Municipal ordinance violation as a complaint request through the District Attorney’s Office. 2 Specify routing to the City Attorney and District Attorney.
B. Records shall: route the report to the District Attorney and fax a copy to the City Attorney. Advise the City Attorney, on the fax cover sheet “FYI Only/DA reviewing this report.”
C. The District Attorney will do one of three things: 1 File both charges; or 2 If the municipal code section is “duplicative” (similar to) other charge(s), the District Attorney will drop the municipal code section and file the other charge(s); or 3 If the District Attorney “no complaints” their charge(s), the report will be returned to the Department for the officer to consider re-filing the municipal code violation through the City Attorney. 4 Note in 1 and 2 above the City Attorney will not be involved in the charging decision or court proceedings. Records should fax the City
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Attorney a copy of the DA disposition as an FYI.
10. MISDEMEANOR COURT PROCEDURES: The court will set bail and notify the offender. If the offender:
A. Forfeits bail - then no further court proceedings are required.
B. Appears in court and pleads guilty at the time of arraignment – the court will proceed with the case on the basis of the complaint. No appearance at the time of arraignment is required by the officer, but the City Attorney must be present to represent the city throughout the misdemeanor proceedings.
C. FTAs on a citation - a bench warrant will be issued by the court.
D. If the offender FTAs on a complaint issued without a signed citation (promise to appear) -- the arresting officer may be asked to complete a Declaration in Support of Warrant and a Warrant of Arrest.
E. Pleads not guilty - the offender will be advised by the court to negotiate the terms of the plea with the City Attorney (Section 1-5.1 Municipal Code).
1 If a plea negotiation is agreed upon (usually reduction to an infraction), the City Attorney will notify the court by letter in time for the next court appearance. If not, the City Attorney will set a date for trial and advise the arresting officer in writing via the records section. a. Records section personnel shall treat trial notifications the same as subpoenas and log accordingly. b. Supervisors will serve the notifications. c. Records will also fax an acknowledgment of service to the City Attorney. 2 The City Attorney will appear at the time of the trial. 3 When misdemeanors are filed in traffic court and the defendant waives rights to the presence of the prosecuting attorney, trials will be handled in a fashion similar to trials that contest traffic matters; i.e., the officer who filed the complaint and conducted the investigation will be required to appear and present the case without the aid of the City Attorney. The officer will be responsible for notifying other persons needed to testify for the prosecution and issuing subpoenas when needed.
11. NOTICE OF CORRECTION: Corrections to citations shall be made on the “Notice of Correction and Proof of Service (40505 VC)” form.
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PROCEDURE
D-07 Novato Police Department
D07 – MISDEMEANOR NON-TRAFFIC CITATION PROCEDURE
1. The purpose of this order is to establish guidelines for the handling of misdemeanor and infraction citations.
2. MISDEMEANOR NON-TRAFFIC CITATION: The Novato Police Department shall adhere to Penal Code Section 853.6 which requires the issuance of a citation (Notice to Appear) for any misdemeanor offense committed by an adult, pursuant to Penal Code Sections 836 or 847 (Citizen’s Arrest).
A. Citations shall be issued to all adults (persons 18 years or older) arrested for any misdemeanor offense or accepted into custody after a citizen’s arrest for a misdemeanor offense, unless the attendant circumstances come within any of the non-release criteria specified in Penal Code Section 853.6(I).
1. An adult shall be booked in the Marin County Jail if he/she:
a. The person arrested was so intoxicated that they could have been a danger to themselves or to others. b. The person arrested required medical examination or medical care or was otherwise unable to care for their own safety. c. The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code. d. There were one or more outstanding arrest warrants or failures to appear in court on previous misdemeanor citations that have not been resolved for the person. e. The person could not provide satisfactory evidence of personal identification. f. The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
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g. There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested. h. The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear. i. There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated. An arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice. j. The person was subject to Section 1270.1. k. The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous six months. l. There is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined in subdivision (a) of Section 490.4.
B. Records personnel will be responsible for completing Department of Justice Form JUS/8715 as specified in Records Order #14.
3. MISDEMEANOR TRAFFIC VIOLATIONS: Under Section 40302 of the California Vehicle Code, an officer shall arrest a person and take him/her before a magistrate without unnecessary delay, if he/she:
A. Fails to present a driver’s license or satisfactory evidence of identification.
B. Refuses to sign the citation, giving a promise to appear.
C. Demands to appear before a magistrate.
D. Is charged with either California Vehicle Code Sections 23152 or 23153.
4. CALIFORNIA VEHICLE CODE: Under Section 40303 of the California Vehicle Code, an officer may book or cite a driver under the following sections: 20003, 21461.5, 23104, 23109, 23332, 28000, 28013. No Arrest Report is necessary.
A. The Marin Municipal Court also requires that if a person is cited under the following sections, an Arrest Report must accompany the citation: 20, 27, 31, 10501, 10750(a), 10751(a), 10851.5, 10852, 10853, 10854, 11500,
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11520, 11700, 11713, 11800, 14601, 20002, 23103, 23110(a).
5. OTHER SECTIONS: If a person is arrested and booked for a misdemeanor not listed under California Vehicle Code Sections 40302 or 40303, then the booking must be justified under Section 853.6 of the California Penal Code.
6. MISDEMEANOR CITATIONS FILED AS AN INFRACTION: The Marin Municipal Court and District Attorney’s Office have determined that some misdemeanor violations may be filed as an infraction with the County Traffic Division when cited alone or with another infraction. (See attached list of misdemeanor violations that can be filed as infractions.)
A. Officers’ Duties. Officers shall follow the below listed circumstances:
1. Write an Arrest Report documenting all facts and circumstances. 2. Write the Arrest Report number on the citation. 3. Attach the citation to the report. 4. Indicate in the report narrative that the citation has been forwarded to the Traffic Court as an infraction.
B. Records’ Duties. Records personnel will be responsible for filing the citations as follows:
1. Copies of the citations shall be attached to the report. 2. Send citations to Traffic Court on the traffic transmittal.
C. Same Violations Cited as Misdemeanors. The violations described in the attached list can also be filed with the District Attorney’s Office as misdemeanors under the following conditions:
1. The officer shows good cause; i.e., prior similar violations and request the District Attorney’s Office for review of the case; and 2. A supervisor approves the good cause exception to Section 6 guidelines. 3. A citation involving the listed sections is issued in conjunction with a violation of misdemeanor crimes.
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PROCEDURE
D-08 Novato Police Department
D08 – SOCIAL HOST / PARTY – COST RECOVERY
1. The purpose of this procedure is to establish the procedures for implementation of Section 14-16 (et. seq.) of the Novato Municipal Code; Unlawful Minore Gatherings and Response Costs.
2. It is the policy of the Novato Police Department to enforce Section 14-16 of the Novato Municipal Code in order to protect the peace, health, safety, and general welfare of the public; and to recover costs authorized by law pursuant to the above- cited ordinance.
3. Whenever a police officer responds to a party, gathering, or event where two or more minors are present and alcoholic beverages, controlled substances, or marijuana are in the possession of, or being consumed by, one or more minors, the host and/or person in control of the premises, to include at his or her place of residence or other private property, place, or premises under his or her control (including, but not limited to, rental halls or facilities, whether publically or privately owned and maintained, and rental vehicles of any type or vehicles of any type licensed and/or hired to transport passengers in return for payment of a fare), may be cited or detained as authorized by law, pursuant to NMC §14-16.3.
4. When any party, gathering, or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare, the persons responsible for the event as defined by NMC §14- 16.4 shall be warned that failure to control the party, gathering or event may result in liability for the cost of providing police services for a second or follow-up response. The second or follow-up response may also result in the arrest and/or citation of violations of the California Penal Code, this section, or other prevision of the Municipal Code.
A. Specific identifying information of the person warned and the name of each responding officer shall be given to the dispatcher to log in CAD.
B. If it is determined that the adult homeowner is not present, a case report will be initiated and the original assigned officer will contact the adult homeowner to inform them of what transpired during their absence. The contact with the homeowner will be documented.
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5. In the event a second or follow-up response is necessary, the primary officer shall complete an incident report. The incident report shall include NPD Form #20-11- 29 itemizing the time spent providing police service and identifying damaged equipment and/or injured officers, if any. Accurate times shall be obtained from the CAD logs of each involved officer.
6. A copy of the incident report with NPD Form #20-11-29 attached shall be forwarded to the Traffic Sergeant.
7. The Traffic Sergeant shall be responsible for filing, calculating costs, billing of the appropriate person, forwarding received monies to City Finance, and any necessary follow-up. A record of accounts receivable and accounts received shall be kept on file and an annual report to the Chief of Police detailing the restitution program shall be completed at the end of each calendar year.
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PROCEDURE
D-11 Novato Police Department
D11 – COUNTY SURVEILLANCE PLAN
1. The purpose of this procedure is to explain criteria for initiating a Code 777 (Road Block) broadcast and the general operation of the Plan. The Novato Police Department will comply with the provisions of the Countywide Road Block Plan.
2. AUTHORITY: The Marin County Sheriff is the authority responsible for the coordination and direction of the Road Block Plan. The Sheriff, through his Communications Center, shall be responsible for alerting all participating jurisdictions to place the Plan into effect.
A. A Sheriff's supervisory officer shall be assigned to coordinate the operation of the Road Block Plan and to make any decisions regarding redeployment of Code 777 units, and to provide supplementary information as received.
B. The Sheriff's officer-in-charge shall also remain in contact with the police agency requesting the Road Block Plan to make sure a road block cancellation is transmitted as soon as a confirmed apprehension is made, or if it appears that continuing the road block is undesirable.
The officer-in-charge will direct specific units to converge at a location desirable for an apprehension.
3. CRITERIA: A Code 777 is intended to be used in the apprehension of persons escaping from the scene of any in-progress serious felony with a vehicle involved such as: Murder Kidnapping Aggravated Assault (great bodily harm, including rape) Felony Hit & Run Armed Robbery Serious Felonies
4. ACTIVATION OF A CODE 777: Marin County Communications will alert Marin law enforcement agencies via radio when a Code 777 is in effect. Law enforcement units will proceed to their assigned road block locations. Upon arrival, units will monitor the designated talkgroup (normally BLUE2, BLUE6, BLUE7,
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BLUE8, BLUE9). Units will monitor all roadway traffic for wanted suspects and/or vehicles without affecting a physical traffic blockage.
A. All update information and cancellation will be broadcasted on Blue Command, PD APB and the designated talkgroup.
5. VEHICLE OBSERVED: In the event the wanted suspect and/or vehicle is observed, the Marin County Communications shall be immediately notified and the recognizing unit shall keep the subject or vehicle under surveillance until a coordinated stop can be effected.
A. No attempt will be made to stop the vehicle by a single one-officer police car. B. Pursuing officers shall comply with the approved Pursuit Policy. C. The Sheriff's officer-in-charge will be aware of the deployment of participating units and will keep all units advised of the direction of travel. The officer in charge will also direct specific units to converge at a location desirable for an apprehension. D. No attempt to follow, stop, or hold should be made by the County Fire Department.
6. RADIO TRAFFIC: All units operating on police frequencies will refrain from all but the most essential radio traffic during the period of a Code 777, and only emergency radio traffic will be permitted between the time the wanted vehicle is observed and the apprehension.
A. A Code 777 will be withdrawn as soon as a confirmed apprehension is made, or 45 minutes from initiation of the Road Block Plan, or it is deemed undesirable by the initiating Department or the Sheriff's officer-in-charge.
7. COMMUNICATIONS: The Marin County Communications Center will handle the actual alerting of all participating agencies affected by the Road Block Plan.
A. CHP Communications Center will alert CHP officers in Marin, Solano and Sonoma Counties and the Toll Plaza (Golden Gate Bridge) Sergeant of the Golden Gate Bridge. 1. The Marin County Communications Center will alert Sonoma County Sheriff's Dispatch by radio. 2. Marin County Sheriff's Office will notify Petaluma Police Department of the Road Block Plan by telephone. 3. The Marin County Communications Center will alert the Richmond and San Francisco Police Departments, the Marin County Fire District, U.S. Park Police and Golden Gate National Recreation Area Park Police.
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NOVATO OPERATION OF CODE 777
8. GENERAL: The Department initiating the Road Block Plan shall provide information as it becomes available, so all participating units are advised of current status. It is essential to the success of the plan that a cancellation of the road block be called immediately upon either an apprehension, determination that a motor vehicle was not used, or that the wanted subjects are assumed out of the road block perimeter.
9. APPROVAL FOR REQUESTS: All Department requests for Code 777 shall be approved by the Watch Commander. An exception exists when the Watch Commander is unavailable and an emergency situation is present. In either case, the Watch Commander shall be notified as soon as it is practical.
10. PROCEDURE: A police officer receiving adequate information concerning a major crime may request a Code 777. Upon request, the Novato dispatcher shall contact the Marin County Communications Center and request activation of the Road Block Plan (777). The police officer shall provide dispatch with sufficient information to identify the wanted subject, vehicle, location of crime, direction of travel and nature of the incident. The Marin County Communications Center shall immediately broadcast a Code 777 with the information available to Marin County agencies by radio.
11. In the event a road block location cannot be covered by our agency, the dispatcher shall notify Marin County Communications of the location. Marin County Communications will attempt to cover the location with another agency (CHP or Marin Sheriff's Department).
12. LOCATION INDEX: See location index below:
LOCATION INDEX
1) Hwy. 101 @ Alameda del Prado Novato PD 2) Hwy. 101 @ Atherton Novato PD 3) Novato Boulevard @ San Marin Drive Novato PD
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PROCEDURE E Procedure s
E-01 Novato Police Department
E01 – PROBABLE CAUSE WARRANTLESS ARRESTS
1. The purpose of this order is to establish guidelines and procedures to facilitate the arrest of persons based on probable cause.
2. It shall be the policy of this Department to enforce laws and statutes through the arrest of persons where there exists probable cause to believe a person committed a felony or a misdemeanor as outlined in Penal Code Section 836. Probable cause arrests can be made based on certain criteria.
3. SECTION 836a(2) PENAL CODE: Officers may make arrests when they follow the guidelines of 836 of the Penal Code.
4. OUTSIDE AGENCY REQUESTS FOR AN 836 ARREST: Outside agency request for probable cause arrests must follow the procedures outlined below:
A. The agency requesting the arrest must speak directly with an on-duty Supervisor. The call should be taken on a taped telephone line.
B. The agency requesting the arrest must, either by fax or teletype, specify the person to be arrested by name, DOB, physical description, and any other identifying information. They must also provide a name and phone number of a 24-hour re-contact person.
The Supervisor will require the requesting agency to re-contact Novato PD in the event they locate the wanted person elsewhere or if they cancel the 836.
C. The Supervisor receiving the request will complete the Arrest Per Probable Cause form, (NPD Form #20-21-53), and route a copy to the Sergeants' Information Log. The original will be placed on the Arrest Per 836 folder kept in the Sergeants' office. A CJIS entry will be made and the corresponding incident number placed on the 836 PC form. On-duty personnel should be notified.
D. Upon location of the person to be arrested per 836, the requesting agency
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will be contacted to determine the current validity of the 836 request.
E. A current TT authorizing the arrest must be received by NPD from the requesting agency prior to booking the wanted person.
F. Once it is determined the person is no longer wanted or has been arrested, the 836 request in the Sergeants' Information Log will be canceled by the duty Supervisor receiving the information. A notation will also be placed on the original document located in the 836 folder in the Sergeants' Office. The CJIS entry/incident log will be updated.
G. Once a parole, probation or NPD request for warrantless arrest is canceled all on-duty officers will be advised, via the police radio, of the change.
5. PAROLE REQUESTS FOR PAROLE HOLD/PICK-UP:
A. The Parole Officer requesting the arrest/pick-up must speak directly with an on-duty Supervisor. The call should be taken on a taped telephone line.
B. The Parole Officer requesting the arrest/pick-up must, either by fax or teletype, specify the person to be arrested by name, DOB, physical description, and any other identifying information. They must also provide a name and phone number of a 24-hour re-contact person.
C. The Supervisor receiving the request will complete the Arrest Per Probable Cause form and route a copy to the Sergeants' Information Log. The original will be placed on the Arrest Per 836 folder kept in the Sergeants' office. A CJIS entry will be made and the corresponding incident number placed on the 836 PC form. All on-duty personnel should be notified.
D. Upon location of the person to be arrested per 836, the requesting agency will be contacted to determine the current validity of the 836 request.
E. A current teletype authorizing the arrest must be received by NPD from the requesting agency prior to booking the wanted person.
F. Once it is determined the person is no longer wanted or has been arrested, the 836 request in the Sergeants' Information Log will be canceled by the duty Supervisor receiving the information. A notation will also be placed on the original document located in the 836 folder in the Sergeants' Office. The CJIS entry/incident log will be updated.
G. The Parole Officer requesting the arrest/pick-up must have a number (preferably personal pager number) that will allow NPD to access them personally, 24-hours a day, including weekends. This is to verify current status on the wanted person.
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H. Once a parole, probation or NPD request for warrantless arrest is canceled all on-duty officers will be advised, via the police radio, of the change.
6. PROBATION REQUESTS FOR PROBATION ARRESTS/PICK-UP:
A. The Probation Officer requesting the arrest/pick-up must speak directly with an on-duty Supervisor. The call should be taken on a taped telephone line.
B. The Probation Officer requesting the arrest/pick-up must, either by fax or teletype, specify the person to be arrested by name, DOB, physical description, and any other identifying information. They must also provide a name and phone number of a 24-hour re-contact person.
C. The Supervisor receiving the request will complete the Arrest Per Probable Cause form and route a copy to the Sergeants' Information Log. The original will be placed on the Arrest Per 836 folder kept in the Sergeants' office. A CJIS entry will be made and the corresponding incident number placed on the 836 PC form. On-duty personnel should be notified.
D. Upon location of the person to be arrested per 836, the requesting agency will be contacted to determine the current validity of the 836 request.
E. A current TT authorizing the arrest must be received by NPD from the requesting agency prior to booking the wanted person.
F. Once it is determined the person is no longer wanted or has been arrested, the 836 request in the Sergeants' Information Log will be canceled by the duty Supervisor receiving the information. A notation will also be placed on the original document located in the 836 folder in the Sergeants' Office. The CJIS entry/incident log will be updated.
G. The Probation Officer requesting the arrest/pick-up must have a number (preferably personal pager number) that will allow NPD to access them personally, 24-hours a day, including weekends. This is to verify current status on the wanted person.
H. Once a parole, probation or NPD request for warrantless arrest is canceled all on-duty officers will be advised, via the police radio, of the change.
7. NOVATO POLICE REQUESTS FOR AN 836 ARREST: Novato police officer requesting an 836 arrest must follow the below procedures:
A. Consult with the on-duty Supervisor and obtain approval prior to implementing a want for an 836 arrest. The exception to the requirement
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would be an exigent circumstance situation requiring immediate action.
B. The investigating officer will complete the Arrest Per Probable Cause form, have it approved by a Supervisor, and route a copy to the Sergeants' Information Log. The original will be placed on the Arrest Per 836 folder kept in the Sergeants' Office. All on-duty personnel should be notified.
C. Upon location of the person, the applicable Novato Police Department case will be reviewed by the on-duty Supervisor to whether the person is still wanted.
D. Once it is determined the person is no longer wanted or has been arrested, the 836 request will be immediately canceled. The person, if not the duty Supervisor, who takes the information regarding the cancellation, will immediately make contact with the on-duty Supervisor and advise him or her of the status.
All on-duty officers will be advised via the police radio of the change in the 836. It will be the responsibility of the on-duty Patrol Supervisor to cancel the original arrest per Probable Cause Form located in the PC 836 folder in the Sergeants’ Office.
E. All canceled 836 notices will be attached to the original case. This would entail removing the notices posted on the Sergeants' Information Log and the 836 Board located in the Sergeants' Office and follow-up report stating they were removed. A copy of the Probable Cause Form with the notation “canceled” will be put in the PC 836 folder in the Sergeants’ Office. The Squad A Supervisor will review the PC 836 Log on a weekly basis to ensure that it is up-to-date.
F. If any of the aforementioned confirmation procedures concerning the validity of a probable cause arrest are lacking, an arrest shall not be affected until such time as the officer or Supervisor confirm that all applicable procedures have been met.
G. The 836 Warrantless Arrest process should not be used as a means to circumvent the Arrest Warrant process.
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PROCEDURE
E-03 Novato Police Department
E03 – USING THE INCIDENT COMMAND SYSTEM
1. The purpose of this procedure is to establish guidelines for the use of the Incident Command System.
2. It shall be the policy of this Department to utilize the Incident Command System (ICS), Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) as mandated by state and federal law.
3. BACKGROUND: One of the learning points from the findings and recommendations of the Oakland Police Department shooting on 03/21/09 was that clear Incident Command and a recognized Incident Command Post were not established. This issue has existed in other situations as well. In keeping with the teachings on the Incident Command System, California’s Standardized Emergency Management System and the federal National Incident Management System, we have developed the following expectations in regard to our responses to incidents in our jurisdiction.
4. PURPOSE: The purpose of this procedure is to ensure that there is no confusion as to who is in command of a given incident and to immediately implement ICS for events that may grow in magnitude and severity. Regular use of this protocol will help make it a normal part of our operations. This protocol has been reviewed by the Novato Fire District, Marin County Sheriff’s Office and Novato Public Works.
5. IMPLEMENTATION OF ICS:
A. Establish an Incident Commander and Incident Command Post when: Five (5) or more NPD personnel and/or outside Law Enforcement personnel are involved in the incident, or on any smaller incident when you recognize the potential for the incident to become a larger incident or a multi-agency response.
B. When on a joint response with Novato Fire and/or Public Works: 1) Law Tactical Event – Establish an Incident Commander and Incident Command Post and assign the other agencies to branches or divisions as needed.
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2) Fire or Public Works Event – Contact the Fire (or Public Works) Incident Commander and establish a Law Branch Director as needed.
3) Joint Incident – Contact the Fire and/or Public Works supervisor or manager on scene and establish Unified Command and an Incident Command Post. C. Establishment of the Incident Commander and Incident Command Post shall be by an announcement over the radio on the talkgroup(s) then in use and will include the following information:
1) Unit making the announcement.
2) The Incident Name (i.e., “Grant IC”).
3) The location of the Command Post.
4) The talkgroup(s) for the incident. a. If more than one talkgroup, the purpose of the talkgroup (ie, “Command” “Perimeter Group” “Fire Branch”).
5) When establishing ICS structural elements, add the following information: a. Identify the unit in charge of that assignment and talkgroup assignment (“13X1 will be Perimeter Group Supervisor on Blue 6”). b. Identify the units assigned to that assignment.
6) Radio Traffic: Once Incident Command has been established, all radio traffic from units assigned to the incident shall be directed to their assigned unit leader, or if all units are reporting directly to the Incident Commander, then that radio traffic shall be directed to the Incident Command Post. The Incident Command Post then has the responsibility to provide any updates to dispatch centers or to make resource requests.
6. TERMINATING ICS: Use of an Incident Command Post and Incident Commander can be terminated under the following circumstances:
A. The number of personnel involved or the incident complexity no longer requires an ICS activation, AND B. The Incident Commander announces that the Command Post is terminated.
7. DOCUMENTATION: While they can be used in shorter incidents, the following documents should be considered in incidents lasting or anticipated to last over two
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hours. Following the incident, all pertinent information should be incorporated into the police reports for that incident. The level of use and depth of details will vary from incident to incident. The ICS paperwork should then be forwarded to the Operations Division Commander for review and filing.
A. ICS 201 or equivalent (Incident Briefing – 4 pages): This form is usually prepared by the initial Incident Commander and provides a simple sketch of the event, situation summary, incident objectives, actions and tactics, organization chart, and resource summary. This form can be used to start the briefing process for incoming resources.
B. ICS 214 or equivalent (Activity Log – 2 pages): This form is used by anyone in charge of an assignment (section, branch, division, group, team, etc.) and can be used for single resources. It is critical to document all actions, expenditures and acquisitions during an incident. This is necessary to ensure reimbursement from State and Federal agencies should the incident qualify.
8. ADDITIONAL RESOURCES:
A. Mobile Command Vehicle: Stored at the City Corp Yard, this vehicle provides a mobile office with supplies and communications equipment.
B. ICP CACHE: Located in the NPD Garage, inside the Police Bicycle Enclosure, this cache includes equipment to support ICS operations. The equipment includes shade canopies, generator, ICS vests, power cords and power strips, tables, chairs, dileniators, ice chests and other items.
C. North Bay Incident Management Team: Requested as a mutual aid resource via Marin Sheriff’s Communications Center, this team can provide Incident Command staffing for significant or extended planned and unplanned incidents using a multi-jurisdictional, multi-discipline team.
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PROCEDURE
E-04 Novato Police Department
E04 – MEDICAL EXAMINATION
1. The purpose of this procedure is to establish guidelines for providing medical examinations to victims, suspects, and mental commitments that come under the control of the Novato Police Department.
2. The Novato Police Department will provide medical treatment for victims of injury and illness. Additionally, the Department will provide medical treatment for suspects and mental commitment patients in our custody needing treatment or medical clearance prior to being released to the Marin County Jail, Marin County Juvenile Hall, or to Psychiatric Emergency Services at the Marin General Hospital.
3. Victims of incidents such as assaults, traffic collisions, accidental injuries, fall on city property, etc. should be provided first aid and, if necessary transported to the appropriate facility by Novato Fire Protection District ambulance, patrol vehicle, or private party. Responding NPD personnel should ensure that medical response continues and not cancel any such response based solely upon victim advisement, if any of the following are apparent:
A. Major physiological factors (apparent high/low heart rate, unequal pupils, apparent high/low respiration rate, apparent confusion, altered level of consciousness).
B. Major anatomic factors (penetrating injury, burns, fractures, open wounds, possible head wounds).
C. Mechanism of injury factors (vehicle ejection, vehicle rollover, airbag deployment, victim trapped in vehicle, significant passenger space intrusion of vehicle due to collision, fall from greater than 20 ft.).
D. Additional factors (victim less than 5 years of age, older than 55 years of age, pre-existing victim conditions such as diabetes or heart disease, pregnancy, morbid obesity, bleeding disorder, victim on anticoagulants).
E. Inability of victim to communicate (language barrier, substance impairment, psychiatric impairment).
F. Any other incident in which the Novato police employee believes a possibly injured or ill victim may benefit from NFPD response.
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Medical Examination
86 Victims who subsequently refuse medical attention at the scene would thus be managed by NFPD personnel and the associated NFPD release-at-scene guidelines (RAS). Liability wise, this is a more appropriate course of action, due to NFPD’s duty, qualification, and expertise in this area.
4. Novato Police Department personnel should not transport injured victims if there is any concern that their condition may worsen en route or that the patient’s condition includes an altered level of consciousness due to injury, respiratory or cardiac distress, or any other factors that can be better treated and monitored by Novato Fire District Paramedics and Emergency Medical Technicians.The receiving facility should be selected using the following guidelines:
A. Medical Emergencies: Destination Facility to be decided for paramedics by Paramedic Base Station Physician and Marin County Protocols.
B. Kaiser Patients: In most cases, the patient should be transported to Kaiser- Terra Linda, although the victim may be given a choice between Kaiser or the Novato Community Hospital. If a Kaiser patient is treated at the Novato Community Hospital, Kaiser may not cover the cost of treatment. Kaiser will review these requests on an case-by-case basis.
C. Other Patients: All other patients needing hospital examination and/or treatment should be taken to the Novato Community Hospital.
D. Sexual Assault Victims: Refer to NPD Policy 602.
5. MENTAL COMMITMENTS: If a subject taken into custody per 5150 W&I needs medical treatment or medical clearance, the receiving facility should be selected using the following guidelines:
A Medical Emergencies: Destination Facility to be decided for paramedics by Paramedic Base Station Physician and Marin County Protocols.
B. Kaiser Patients: Mental Commitment patients enrolled in Kaiser may be handled in the following manner:
1) Novato Fire District or Novato Police Department transport to Kaiser - Terra Linda with release of the patient to Kaiser staff. This will require a case-by-case approval by Psychiatric Emergency Services and the on-duty Kaiser Emergency Room Physician (444-2400).
2) Kaiser may arrange for transport from the scene, with the patient being released to the ambulance attendants. This will require a case-by-case approval by Psychiatric Emergency Services and the on-duty Kaiser Emergency Room Physician.
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3) If a Kaiser patient is initially transported to the Novato Community Hospital, either of the above methods may be used to transport the patient to Kaiser - Terra Linda.
4) In the event that Psychiatric Emergency Services and/or Kaiser do not agree to the above, the patient, after receiving medical clearance (if needed), will be transported to Psychiatric Emergency Services at the Marin General Hospital.
C. Other Patients: All other patients needing hospital examination and/or treatment should be taken to the Novato Community Hospital for examination and treatment. After the patient is medically cleared, the patient should be transported to Psychiatric Emergency Services at the Marin General Hospital.
D. In all of these cases, the officer will notify the on-duty supervisor and the receiving facility (either Psychiatric Emergency Services or Kaiser) of the case prior to leaving for that facility.
6. CRIMINAL CUSTODY: Adults and Juveniles in custody for criminal violations and needing medical care or medical clearance prior to booking should be transported to a medical facility using the following guidelines:
A. Medical Emergencies: Destination Facility to be decided for paramedics by Paramedic Base Station Physician and Marin County Protocols.
B. Kaiser Patients: The suspect may be taken to either Kaiser or the Novato Community Hospital, at the officer’s discretion. If staffing and officer safety concerns allow, the officer should transport Kaiser patients to Kaiser. If the suspect is transported to the Novato Community Hospital, the Emergency Room staff will attempt to obtain Kaiser approval for treatment, otherwise the patient will be billed by the Novato Community Hospital. Kaiser will review these requests on a case-by-case basis.
C. Other Patients: All other patients needing hospital examination and/or treatment should be taken to the Novato Community Hospital.
7. The above protocols have been reviewed and agreed to by the Novato Fire District, Novato Community Hospital, Kaiser-Terra Linda, and Psychiatric Emergency Services at the Marin General Hospital.
8. If the needs of a particular situation dictate the use of a different facility, then that facility may be used with supervisor approval. This may occur in the case of Child Sexual Assault examinations or with victims who might first appear at the Marin General Hospital or other area hospitals.
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PROCEDURE
E-05 Novato Police Department
E05 – BOOKING CERTIFICATION AND DISPOSITION OF ARREST
1. The purpose of this procedure is to comply with 13150 PC and 602.5 W&I, which requires law enforcement to report arrests to the California Department of Justice so that arrests are recorded on the subject’s record, and to comply with 853.6 PC which requires law enforcement to provide arrested persons with a certification of booking.
2. The Novato Police Department Records Section personnel shall send Booking Request Letters on all offenses (excluding 647(f) PC, and 14601.1 VC) to persons for whom the DA has issued a complaint, or who were released on a citation without booking. When subjects appear for booking, officers will provide Proof of Booking to the defendant and Records personnel will route it to the District Attorney.
3. Records Section personnel shall complete and forward Department of Justice Form JUS/8715 or JUS/8716, “Disposition of Arrest and Court Action.” Currently sent electronically by the Distract Attorney’s office.
STATE PROCEDURES
4. STATE CRIMINAL HISTORY SYSTEM: Arrests (excluding 647(f) PC and 14601.1 VC) and the disposition of those arrests are retained by the California Department of Justice.
A. Arrests. Arrests are added to an individual’s Criminal History record (rap sheet) by the submission of Livescan fingerprinting or a criminal fingerprint card. The Livescan or fingerprint card is the only way to positively identify an individual. A Livescan or fingerprint card must be submitted for each arrest incident.
B. Dispositions. A disposition form known as JUS 8715 (Adults)/8716 (Juveniles) shall be completed by Records personnel. The procedure is covered in Records Order 14, “Booking Procedures.” Records personnel complete this form and route it to District Attorney/Juvenile Probation with the arrest report.
5. SUBJECTS WITH NO IDENTIFICATION: All persons arrested on a misdemeanor or felony without ID in their possession shall be fingerprinted and photographed prior to releasing on a citation.
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6. DETENTION CERTIFICATE: NPD Form 20-31-4 “Detention Certificate” shall be provided by the Novato Police Department to any person arrested and released without charges.
NPD PROCEDURES
7. OFFICER'S RESPONSIBILITY FOR FINGERPRINTS AND PHOTOGRAPHS: Livescan and photographs shall be completed as indicated in this section.
A. Fingerprinting Adults: 1) Booked at Marin County Jail: Livescan and JUS8715 done by the Sheriff's Office. 2) Citation and Release: If possible, Livescan prior to release. When releasing the subject in the field, check “Booking Required” box on the citation.
B. Fingerprinting Juveniles: 1) Booked at Juvenile Hall - Prints will be Livescanned at the Hall, officer shall complete a JUS8716. 2) Cite and Release - 14 years of age and older - Livescan at PD whenever possible. 3) Cited and Released - Under 14 years of age - Livescan, if appropriate.
C. Palm Prints: One (1) set for any adult or juvenile arrested for a misdemeanor theft crime and one (1) set for all felonies.
D. Photographs: One set of photos for each adult booking and for juveniles 14-years-of- age and older.
E. Elimination Prints. Fingerprints shall be submitted with “Question of Identity” or “Inquiry Only.”
8. BOOKING PHOTOGRAPH FILE: Investigations is responsible for maintaining booking photographs. The photgraph file is located on the G drive, G/operations/interndocuments/bookingphotos.
9. PROOF OF BOOKING: Subjects booked at Novato PD will be given Proof of Booking, NPD Form 20-41-43.
A. At Time of Arrest – Officers will complete Report number, name and address and check the first box in the Proof of Booking Section. Submit original with report and give defendant a copy. Routing instructions on the form.
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B. POST Arrest Booking – Response to Booking Letter. When defendants respond to the Police Department for fingerprinting, a CAD entry will be completed and the beat officer will be called-in to fingerprint and photograph the person.
1) Obtain the Booking Request Letter/Proof of Booking from Records. It lists the date of arrest (date complaint issued or date of citation) and the charge.
2) Obtain positive identification of the person by comparing a picture ID, such as a driver's license. a) Fingerprint and photograph pursuant to #9 of this Order. b) The date of arrest should be the date the citation or complaint was issued. (It will be listed on the booking request letter.) c) In the fingerprint box titled “Additional Information,” write in “Booking Request Letter.” (This explains why the arrest date and fingerprint dates are different.)
3) Complete the Proof of Booking Certificate, check the second box, and route: a) Records – Original certificate. b) Defendant – Copy of the certificate. c) Investigations – Photograph or memory card
C. Court Order Booking – Sometimes the court determines that booking has not occurred and orders booking on County Form #314-13. If the defendant appears at NPD for booking, an officer shall book and give the defendant the pink copy of the court order form. Other copies will be distributed by Records personnel as indicated on the form. Records shall remove the NPD Booking Request Letter and ensure copies go to the case.
10. RECORDS RESPONSIBILITY FOR BOOKING REQUEST LETTER: Records shall review DA Disposition Forms return from the DA for charges filed where no fingerprints were taken.
A. Complete the Request for Booking Letter (Form #20-41-43): Routing instructions are on the form.
B. When there has been no response, after the appearance date, send second notice to DA requesting a court ordered booking, and copy to the defendant.
C. Review letters in the Booking Request File periodically. If case has been adjudicated discard the form. F Procedures
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PROCEDURE
F-01 Novato Police Department
F01 – PERMIT APPLICATION PROCEDURE
1. The purpose of this procedure is to establish procedures for issuance of permits and permit renewals for Massage Technician, Massage Establishment, Commercial Solicitation, Charitable Solicitation, Mobile Vending, Bingo, and Concealable Weapon Dealers. This procedure will also outline the process for Private Investigator, Private Patrol Operators, and Taxi Companies.
2. It is the policy of the Novato Police Department to follow requirements as set forth by the City of Novato Municipal Code and to comply with Department of Justice regulations when processing and maintaining permit applications.
3. FORMS AND FEES: All applicants are required to complete the application form provided by the City’s Finance Department truthfully and accurately. Incomplete applications cannot be processed and will be returned to the applicant for completion. Applications that contain false, misleading, or deliberately inaccurate information are automa tically denied. Applicants must pay all appropriate, non- refundable fees.
4. FINGERPRINTS AND BACKGROUND CHECK: All initial applicants (with the exception of charitable, religious, or political solicitors) will have their fingerprints submitted to the Department of Justice, via the Live Scan Computer System, for a DOJ criminal history check. (The police department will manually take the fingerprints of any applicant who cannot be processed by Live Scan and will mail the fingerprint card to DOJ via U.S. Mail.) DOJ will automatically notify the department of all subsequent arrests until the Department notifies DOJ in writing that it is no longer interested in this information. (Refer to #9.)
The remainder of the background check shall minimally consist of the following: • RMS printout • CJIS printout. • DMV printout. • Warrants printout.
REVIEW: The Investigations Section supervisor or designee will:
A. Review the application for accuracy and completeness.
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B. Set up a file which will minimally consist of the: • Applicable City Finance Department application form • City Permit Background Application (attached to the front of the file) NPD Form#20-21-32. • City Permit Renewal Application (NPD Form #20-21-32a) attach to the front of the file. • Novato Police Department Worksheet – Permit/License Background Investigation, NPD Form #20-21-33. • Copy of the Department’s Acknowledge/Instruction letter, NPD Form #20-21-33a • Criminal History report/Live Scan results on initial applicants. • Results of current Tuberculosis skin test (or chest x-ray – for massage technicians only). • One applicant photograph. • RMS Check printout. • CJIS, DMV, and Warrants System printouts. • Appropriate permit for approved applications.
C. Obtain a case number and enter into RMS • License/Permits • ARS • Nature of Call “Other”
D. Complete the appropriate permit and route report, permit and file to the Investigations Section Supervisor with the recommendation to approve or deny.
5. APPROVAL/DENIAL OF REQUEST: The Investigations Section supervisor will forward the file and recommendation, via Chain of Command, to the Chief of Police. The final decision to approve or deny an application is made by the Chief of Police. The issuance, renewal, or revocation of Massage Technician, Massage Establishment, Commercial Solicitation and Charitable Solicitation Permits and Permit Renewals is a discretionary act of the Chief of Police. Successful applicants will receive a police permit and, if provided by Finance, a Business License via U.S. Mail. The permit and Business License is mailed to the applicant’s home address or P.O. Box listed on the application. Unsuccessful applicants receive a denial letter signed by the Chief of Police which explains the Department’s rationale for denying the application.
6. REVOCATION OF A PERMIT: A permit may be suspended or revoked by the Chief of Police, after a hearing in front of the Chief of Police or his/her designee. A permit will be suspended or revoked when it is determined that the applicant submitted an applicant which contained erroneous or false information, or, if the applicant failed to fully disclose pertinent information such as prior arrests and/or convictions. A letter will be sent to the applicant from the Chief of Police, or his/her
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designee, summarizing the details of the hearing and the Chief’s decision to either uphold or reverse the revocation.
7. APPEALS (MUNICIPAL CODE SECTION 8-4.11): If the Chief of Police denies an application, the applicant may appeal the denial to the Novato City Council. Notice of such an appeal by the applicant shall be filed with the City Clerk within ten (10) days after the notice of denial is received. If no such appeal is filed, the action of the Chief of Police shall be final. If an appeal is filed, the City Council shall hold a hearing and may affirm the denial or may overrule the decision by the Chief of Police and order issuance of a permit.
8. FILE CLOSURE: Make a copy of the signed permit and add as attachment to report. Remove and shred all Alpha, CJIS, DMV, warrants, and DOJ Criminal History documentation. Remainder of attachments are scanned and attached as e-files to case in RMS.
9. NO LONGER INTERESTED: If a permit is not issued after the applicant has been fingerprinted or if the permit expires and is not renewed the following year, notify DOJ that the Department is no longer interested in “RAP BACK” (subsequent arrest) information. No Longer Interested Forms are accessible via computer or from the Chief’s Executive Assistant. Complete the form and fax to DOJ. Photocopy and give copy to the Chief’s Executive Assistant. File original in file. Contact the Chief’s Executive Assistant for assistance.
10. MASSAGE TECHNICIAN AND ESTABLISHMENT PERMITS (MUNICIPAL CODE SECTION 8-4): Initial Massage Technician Applicants must provide the Department with a diploma or certificate as proof of graduation from a recognized school of massage. All Massage Technician and Massage Establishment Applicants are required to undergo a background check as set forth in Sections 3 and 4. Permits expire on December 31st of each year.
A. TB Tests. All massage technicians must provide the Department with the results of an tuberculosis skin test or chest x-ray (done within 30 days of the date of the application) and must be redone every four (4) years. B. Massage Establishment On-Site Inspection. An on-site inspection will be conducted by a City Code Compliance Officer in conjunction with the criteria as set forth in the Novato Police Department’s Massage Establishment Inspection Checklist – City Ordinance No. 740. A copy of the completed Massage Establishment Inspection Checklist will be attached to the application before it is forwarded to the Department for processing. Full compliance is required before an application can be processed. Follow-up inspections can be made on an “as-needed” basis. 11. COMMERCIAL SOLICITATION PERMIT (MUNICIPAL CODE SECTIONS 14-8): Commercial solicitors are individuals who go door-to-door for the express purpose of selling a product or service. Upon receipt of the application and fees per
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Section 3, construct a file and complete a background check per Section 4. Permits are in effect until December 31st and are to be renewed annually.
12. CHARITABLE SOLICITATION PERMIT (MUNICIPAL CODE SECTION 14-9): Representatives of recognized charitable organizations such as churches, the Girl Scouts, the Boy Scouts, etc. are protected by Article I, Section VII of the Constitution and as such, are exempt from background checks and application fees (companies or organizations which primarily sell printed material such as books, periodicals and magazines are considered to be commercial solicitors and are not protected by Article I, Section VII). Charitable solicitation permits are automatically issued to the organization’s representative upon receipt of the application and are in effect for one year from the date of issuance.
13. BINGO PERMITS (MUNICIPAL CODE SECTION 8-2): Upon receipt of the application and fees per Section 3, construct a file and complete a Background Check per Section 4. Photographs and fingerprints are not taken. Once the Chief of Police has rendered a final decision, photocopy the entire file, including sign-off worksheets, and mail to the Novato Fire District in the envelope provided by the Finance Department. NPD does not issue a permit. (In accordance with Article I, Section VII Charitable Organizations are exempt from fees)
14. PRIVATE INVESTIGATOR: Upon receipt of the application (Business License Application) and fees per Section 3, construct a file and complete a background check per Section 4. In addition, contact all appropriate County and non-County law enforcement agencies where applicant has done business for any relevant information regarding citizen complaints or infractions. Contact the Department of Consumer Affairs – Bureau of Collection and Investigative Services to determine if applicant has a valid license and if there have been any formal complaints filed against the applicant. Upon approval from the Chief of Police, photocopy the entire file, including sign-off worksheets, and route to the City’s Finance Department for the issuance of a business license. Denied applicants will receive a denial letter from the Chief of Police. NPD does not issue a permit.
15. PRIVATE PATROL/SECURITY COMPANIES (MUNICIPAL CODE SECTION 14- 12): According to the City of Novato’s Municipal Code Section 14-12, Private Patrol Operators, the Chief of Police shall approve the uniform, logo, patch and vehicles used by any security company conducting business within the Novato City limits.
16. CONCEALABLE WEAPONS DEALER (MUNICIPAL CODE SECTION 14-14): Concealable weapons dealers are individuals who sell weapons that are small enough to be concealed on a person or in a vehicle, etc. Upon receipt of the application and fees per Section 3, construct a file and complete a Background Check per Section 4. Approved permits are in effect for one year from the date of issuance.
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17. TAXI COMPANY: All Taxi Cab Permits will be issued by the County of Marin through a procedure established by the Joint Powers Authority.
18. MOBILE FOOD VENDOR (MUNICIPAL CODE SECTION 18-15): Mobile food vending means a motor vehicle, pushcart, trailer or wagon or other portable food service unit, engaged in curbside vending or sale of food. Upon receipt of the application and fees the process is as follows: Once the application is received, it is forwarded to the traffic section to initiate the Municipal Code section review and vehicle inspection. Once the inspection is completed and signed, the application if forwarded back for completion of permit process and Chief approval.
19. PERMIT RENEWALS: All permit holders are required to renew their permit on an annual basis. Permit for Massage Technicians, Massage Establishments, Commercial Solicitors, and Concealable Weapons Dealers expire on December 31st. Bingo and Charitable Solicitors expire June 30 (Fiscal Year) in accordance with Municipal Code § 8-2.3). Taxi companies and Private Investigators renewals are conducted by City Hall.
A. All applicants must renew both Business and Police Applications and pay the appropriate fees. B. The Novato Police Department will photograph each renewal applicant on an annual basis. Every four years, all massage technicians are required to provide the Department with the results of a tuberculosis skin test done within 30 days of the application. C. Applicants are not re-fingerprinted on an annual basis unless a No Longer Interested Form was sent to the Department of Justice.
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PROCEDURE
F-02 Novato Police Department
F02 – CCW LICENSE APPLICATION AND REPORTING PROCEDURE
1. PURPOSE: To establish procedures for the issuance of Carry Concealed Weapon (CCW) license and subsequent reporting to the Department of Justice (DOJ). This procedure varies significantly from the general license procedure, as a CCW license is an individual license that has no nexus to operating a business within the city.
2. AUTHORITY: Effective July 1, 2017 the Novato Police Department has relinquished it’s authority to issue CCW permits to the Marin County Sheriff’s Office. Idividuals who live in the city limits of Novato and inquire about obtaining a CCW permit, shall be referred to http://www.marinsheriff.org/services/forms.
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GPROCEDURE Procedure s
G-01 Novato Police Department
G01 – PROCEDURES GEVERNING THE ADJUDICATION OF PARKING OFFENSES
1. The purpose of this order is to provide procedures for the investigation, hearing and disposition of all contested parking citations involving violation of the California Vehicle Code or the Novato Municipal Code. The City acknowledges that it is important that this adjudicatory process is fair and convenient from the viewpoint of people contesting alleged parking violations, while at the same time being efficient and uniform. It is the primary goal of this adjudication process to provide all individuals charged with a parking violation a forum in which the facts of their cases may be reviewed fairly and a disposition rendered in a timely manner.
2. An effective parking enforcement program must protect and fairly apportion scarce parking spaces for all legitimate users by insuring that those who violate parking regulations are penalized for doing so. Penalties for non-payment of citations must be adequate to discourage violators from being delinquent. For repeat offenders who fail to observe parking regulations and fail to pay outstanding parking fines, towing and/or DMV holds should be the expected consequences.
For those who contest a citation, the adjudication process should be just, timely, and fair. This process must contribute to the overall goal of discouraging illegal parking by enforcing parking regulations, but in a way that provides an appropriate and impartial hearing.
DEFINITIONS
3. A. Administrative Adjudication. The entire process of reviewing contested parking citations.
B. Administrative Review. The investigation conducted by the Traffic Section supervisor or their designee of the Novato Police Department. This is the first step in the review process.
C. Hearing Examiner Review. The review done by a hearing officer employed for that purpose. This review may be by personal appearance or mail-in. Hearings are held at Marin Civic Center. This is the second step in the process for those citizens who wish to appeal the Administrative Review. (See #13 below.)
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D. Civil Appeal. That review done by the Marin County Court as the final review in the adjudication process. (See #14 below.)
LEGAL IMPACT
4. Effective July 1, 1993, Assembly Bill 408 became operational. Assembly Bill 408 decriminalizes parking violations and removes the process from the courts, except as the ultimate civil appeal. The bill also establishes a system for administrative adjudication for contested parking violations. The process replaces the complex criminal court procedures with a process that requires a no-charge review of parking citations issued by the City of Novato. Reviews can be completed and submitted by US mail, in person or via the Internet and permits a final review by a civil court. Additionally, in this system, parking enforcement officers will no longer appear for hearings on contested citations.
5. Under new Vehicle Code Section 40202(a), a Notice of Parking Violation (parking citation) or copy thereof, is considered to be the record kept in the ordinary course of business and is prima facie evidence of all the facts contained in the citation. Because the parking violation notice represents liability for a civil penalty and not accusation of a crime, there is no right to confront the citing officer.
6. There is no longer a burden to prove the elements of the parking violation beyond a reasonable doubt, as required in a criminal case. Parking violations are no longer criminal matters; therefore, the civil burden of preponderance of the evidence applies.
7. Other rights associated with criminal cases, such as the right to appoint a counsel at public expense or the right to a jury trial, do not apply to the new civil process. However, the right to be represented by counsel, employed at the defendant's expense, is retained.
8. The registered owner, renter, or lessee of a vehicle cited for a parking violation is jointly liable with the actual driver of the vehicle for the civil penalty. However, if the registered owner can show that the vehicle was operated without consent, there is no joint liability. [Vehicle Code Section 40200(b).]
PROCEDURES
9. The following procedures are set forth as the process for administrative adjudication of contested parking citations issued in the City of Novato. This process must be strictly adhered to and the time limitations met by the citizen who wishes to contest the citation; otherwise, the review process will not be applicable and the citation and delinquent assessments must be paid. No late review requests will be accepted.
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A. The request for review must be submitted within 30 days of issuance of the citation or within 10 days of the mailing of the Notice of Delinquent Parking Violation.
B. Should a person who has received a Notice of Parking Violation come to the front counter, the clerk shall Advise the person how to contest the violation through Marin Parking Authority.
C. If a person who has received a Notice of Parking Violation contacts the Novato Police Department by telephone, the clerk shall advise the person to follow the directions on the back of the citation by calling the Marin Parking Authority.
D. Other than providing information on how to contest a citation, the Novato Police Department shall refer any further inquiries to the Marin Parking Authority.
E. The change in California law makes no distinction as to whether the violator is an adult or a minor. Therefore, no guardian need be appointed for a minor violator. The Novato Police Department will treat the minor violator in the same manner as an adult violator.
F. If a person who has received a Notice of Delinquent Parking Violation requests a photostatic copy of the original parking citation or an electronically produced facsimile of the original parking citation, that request must be honored within 15 days of the request. The request can be made either by mail or in person. Once that request is received, the 10 day period of time, as per “B” above, is started. Should the violator come to the front desk requesting a copy of the citation, it will be provided. The City of Novato Police Department charges $1.00 for copying a parking citation.
G. A Registered Owner who has received a delinquency notice but sold or transferred the vehicle and the vehicle has already been delivered to the purchaser prior to the date of the alleged violation, then the proceedings against the registered owner can be terminated if the registered owner has complied with California Vehicle Code Section 5602. CVC 5602 requires the transfer of the Pink Slip and that DMV has been notified by submitting an Affidavit of Non-Liability. If the Registered Owner has not complied with Section 5602, a parking penalty must be paid or contested in accordance with this procedure.
H. All rental/leasing companies must provide a copy of the written lease or rental agreement between the company and its customer within 30 days of the notice of parking violation. The customer must be identified by all of the following information: driver's license number, name, and current address.
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The above information will be forwarded to the Marin Parking Authority by the rental/leasing company. The Marin Parking Authority will generate a new Notice of Delinquent Parking Violation which will be sent to the customer identified by the contract. If payment is not received within 15 days of the mailing of the new Notice of Delinquent Violation, then the customer will be considered delinquent and the citation will be processed as any other delinquency.
10. When a Request for Administrative Review is received by Novato Police Department personnel, a review will be conducted. The review will be conducted by the Traffic Section supervisor or their designee. Whenever possible, the Administrative Review by the Traffic Section supervisor or their designee should be completed within two working days, but under no circumstances can the review take longer than five working days. Each violation will be reviewed on its own merit, but under normal circumstances, the following reasons are the only valid ones for immediately dismissing a citation:
A. The citation was issued in error.
B. Permission was given by City official to park at the location.
C. The violator legally had a permit and/or placard, but it was not properly displayed, by authority of 22406 CVC.
D. If the description of the vehicle on the parking citation does not substantially match the corresponding information on the registration card or DMV printout.
Should a person who has received a notice of parking violation come to the front counter, and one of the four listed reasons, A., B., C., or D. under Section 10 is apparent, they are to be informed of the appeal process through the Marin Parking Authority.
The violator will be notified of the results of the Administrative Review by the Marin Parking Authority. If no appeal is received within 15 days of the mailing of the Administrative Review decision, the matter is concluded. No late appeals will be accepted.
11. If the violator is not satisfied with the results of the Administrative Review by the Traffic Section supervisor or their designee , that decision may be appealed. This appeal must be requested within 15 days of the mailing of the results by the Marin Parking Authority. The violator, within the 15 days, must deposit the full amount of each parking penalty and submit the request for hearing officer review. The full deposit and request for hearing officer review must be submitted to the Marin Parking Authority on the form provided. This request must include a written explanation of the reason for contesting the citation. The violator must state
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whether a review by mail or a personal appearance is requested.
A. If the violator requests a waiver of the deposit, substantial and verifiable proof of the inability to pay must be submitted on the Request for Penalty Waiver form.
1. If the waiver request is denied, then the violator must submit the deposit to request the hearing examiner review. 2. If the waiver is allowed, then the process for hearing examiner review will be followed as detailed below.
B. Cash, money orders, or single party personal checks may be accepted for the penalty deposit.
12. When Novato Police personnel receive a written request for a hearing officer review, the requester shall be provided information on how to contact the Marin Parking Authority.
13. The hearing examiner review will be conducted by an examiner contracted for by the Marin Parking Authority. Hearing Examiner review is held at the Civic Center in Room130, the first Wednesday of every month.
A. The hearing examiner review will be conducted in accordance with the written procedures established by contract. The hearing examiner will insure a fair and impartial review of the contested parking violations.
14. If the contestant is not satisfied with the results of the hearing as rendered by the hearing examiner, the contestant may seek civil review by Marin County Court. This appeal must be filed within 20 days of the mailing or delivery of the examiner's decision. This review is civil and will be a trial de novo. Should the contestant decide to seek review by Marin County Court, the following steps must be taken by the violator.
A. A copy of the appeal must be served by personal service or by First Class Mail upon the Marin Parking Authority.
B. The violator must file a $25.00 filing fee for each citation with the court.
15. Upon receipt of verification of an appeal to the Court, the Marin Parking Authority will forward all information to the Court.
16. If the civil review is adverse to the violator, the final civil judgment, if no appeal is taken, is filed with the court and a Notice of Entry of Judgment will be entered. If the Notice of Entry of Judgment is not contested, a Notice of Judgement will be sent and the Final Judgment issued by the Court (Code of Civil Procedure
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Section 663 et. seq.)
A. It is still technically possible before final judgment to collaterally attack the administrative judgment by filing a motion attacking the administrative procedures as erroneous. Such a motion must be filed within 15 days of the Notice of Judgment or the Notice of Entry of Judgment. This motion must be filed with the Marin County Court.
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PROCEDURE
G-02 Novato Police Department
G02 – TERMS & CONDITIONS FOR ROTATION TOWING
1. The purpose of this procedure is to establish guidelines in order to set requirements for the rotation tow service and their uses. In doing so, an understanding will exist between the Police Department and those companies involved, as well as to protect the citizens of this community.
2. It will be the policy of the Novato Police Department to utilize those qualifying tow services in a rotational format when called upon by requesting citizens or during those circumstances which warrant it. This procedure is to set forth qualifications and strict guidelines as to equipment, insurance requirements and procedures.
3. The “Terms and Conditions for Rotation Towing”, NPD Form #20-32-32, which has been reviewed by and agreed to by each individual tow company in order to assure that they meet those standards as required by the Novato Police Department. When the standard rotation tows are unavailable or do not have the necessary equipment/tow vehicle, NPD may use another tow company that has a current Tow Service Agreement (TSA) with the California Highway Patrol. In the event a specialized piece of equipment is needed that does not fall under this section, supervisor approval shall be obtained.
4. Those instances where a rotation tow request would be made by an officer would include those requested by a citizen due to collision or mechanical failure, or where the driver is arrested or incapacitated. In these incidents where a vehicle is towed by an officer,the officer will complete an inventory of the vehicle. Where a complete inventory cannot be done, the reason as to why shall be documented in the accompanying report. A CHP Form 180 shall be completed for all vehicles towed.
5. When a rotation tow is requested by an officer, the dispatcher will complete a CAD command which identifies the next tow company. A list of tow companies qualifying under these terms and conditions will be maintained in CAD. There will be no limit as to which tow companies are available as long as they qualify under the terms and conditions of the Tow Service Agreement.
6. A call to a tow company shall constitute one turn on the list and the tow company shall be moved to the bottom of the list. This includes when the tow company fails to answer the phone, is unable to respond, is unable to perform the required service, or is canceled due to excessive response time. If a tow company is unable to respond, the reason should be documented in the call event. If it is determined
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the tow company is not needed and is canceled by the Novato Police Department, up to and including arrival at the scene, there shall be no charges and the tow company will be placed back on the top of the list.
A. If the tow company is canceled by the vehicle's owner or agent prior to the tow company taking possession of the vehicle, there shall be no charges for towing. The tow company shall immediately contact the Novato Police Department and advise them of the cancellation. The tow company will then be placed back on the top of the list.
B. If service, other than towing, has begun and is canceled by the vehicle's owner or agent, charges owed shall be no more than one-half of the menu service call rate or regular hourly service charge, whichever is applicable, for the actual time expended on the call. No lien shall arise for the service, unless the tow company has presented a written statement to the vehicle's owner or agent for the signed authorization of services to be performed. The tow company shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently canceled.
RESPONSIBILITIES
7. It will be the responsibility of the traffic sergeant or their designee to enforce, inspect, and maintain records with reference to the Terms and Conditions for those involved in providing rotation towing service under this agreement. The traffic sergeant or their designee will assure that the proper equipment is utilized by the companies involved in this program. Compliance of this procedure shall be reviewed by the traffic sergeant or designee on a yearly basis.
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PROCEDURE
G-03 Novato Police Department
G03 – SOBRIETY AND DRIVERS LICESNE CHECKPOINTS
1. The purpose of this order is to provide procedures and guidelines for sobriety and driver’s license checkpoints by members of the Novato Police Department and members of other agencies that are assisting with sobriety checkpoints in Novato. The objective of these procedures is to ensure conformance with Constitutional requirements concerning the use of sobriety checkpoints.
2. Checkpoints shall be conducted in compliance with the directives and procedures contained in this order and current case law.
3. BACKGROUND: A The Ingersoll vs. Palmer decision listed the following safeguards which are necessary to establish the reasonableness of sobriety checkpoints under the Fourth Amendment:
1. The decision to establish a checkpoint, the selection of the site and procedures for the checkpoint operation must be established by supervisory law enforcement personnel and not by an officer in the field.
2 A neutral formula must be used to determine which vehicles are to be stopped, such as every third, fifth or tenth driver so that who is stopped is not left to the unbridled discretion of the officer in the field.
3 Primary consideration must be given to maintaining safety for motorists and officers with proper lighting, warning signs and clearly identifiable official vehicles and personnel.
4 The location of a checkpoint should be determined by policy-making officials, rather than by officers in the field, with sites chosen which have a high incidence of alcohol related accidents and/or arrests consistent with safety considerations.
5 The time of day and the duration of checkpoints must be carefully considered with effectiveness, safety and motorists concerns kept in mind.
6 The checkpoint must be established with high visibility, displaying its official nature by signs, lights and uniformed officers to reassure motorists the
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checkpoint is duly authorized.
7 Each motorist stopped should be detained only long enough for the officer to contact the driver briefly and to look for signs of impairment. If the driver does not display signs of impairment, and displays a driver’s license, he/she should be permitted to drive on without further delay.
8 Advance publicity must be given a sobriety checkpoint to reduce its intrusiveness and increase its deterrent effect.
B) The Department’s policies and procedures should be developed to conform to these requirements.
4. PROCEDURE: A. CHECKPOINT SITE SELECTION
1 Checkpoint sites are to be based on alcohol and drug related accident experience or on past DUI (Driving Under the Influence) arrest activity. Statistical information on the locations of alcohol and drug related accidents is available through reports marinated by the Novato Police Department.Local statistics may be used to evaluate high DUI arrest activity locations. These statistics, coupled with officer/motorists safety factors shall be considered in selecting sites for sobriety checkpoint operations. Checkpoints shall not be situated on highways where traffic speed or other conditions would pose a threat to motorists or members of the checkpoint staff.
2 Additional considerations for checkpoint sites including the presence of adequate street lighting to illuminate the checkpoint, and an area adjacent to the checkpoint to allow for the parking of suspected impaired drivers’ vehicles and administration of Field Sobriety Tests (FSTs). Sites without street lights may be used if portable lighting sufficient to ensure public and officer safety is used. The location must also allow for ample warning to motorists approaching the checkpoints.
5. CHECKPOINT OPERATIONAL PLANS
A A checkpoint supervisor shall be selected by the traffic sergeant prior to the date of the checkpoint. The selected supervisor shall have completed a POST certified Sobriety Checkpoint Planning and Management course.
Operational plans shall be prepared for each checkpoint and approved by the checkpoint supervisor prior to the date of operation. In most but not all cases the checkpoint supervisor is the Traffic Sergeant. Operational plans shall be kept on file in the checkpoint supervisor’s office of all checkpoints in the event they are needed for court cases.
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B Operational plans prepared for checkpoints shall address the following points:
1 Date, hours of operation, and location of each checkpoint to be conducted during the period covered by the operational plan.
2 Procedures for screening alternate vehicles if traffic volume prevents the screening of all vehicles; i.e., every third, fifth or tenth vehicle. Screening procedures may be varied during checkpoint to match anticipated traffic flows. For example, during peak hours the checkpoint team may screen only one in ten vehicles, then one in five as traffic flow reduces, and end by screening all vehicles during light traffic.
3 An estimate of the number of work hours to be expended on each checkpoint.
4 A diagram of each checkpoint location depicting the roadway, placement of traffic control devices, screening area, and secondary testing location for administering FSTs.
6. CHECKPOINT STAFFING REQUIREMENTS
A Checkpoint teams will usually be composed of one checkpoint supervisor (Sergeant) and a sufficient number of officers to properly and safely facilitate a sobriety checkpoint.
B Checkpoint staff shall be in full uniform, at all times while in public view. Uniformed NPD officers shall wear protective body armor and reflective vests while working in the screening area (Per Lexipol policy 1024.2.1).
C Checkpoint staff will consist of Department personnel and may also include allied agency personnel.
D The checkpoint supervisor is responsible for the overall operation of the checkpoint and assuring adherence to the procedures outlined in this order. The checkpoint supervisor is also responsible for assuring that a record is kept of the number of vehicles that pass through the checkpoint, the number of arrests made, and any problems encountered. A “log officer” shall be appointed to perform record keeping duties. The checkpoint supervisor shall remain on site except for brief relief periods.
E Checkpoint staff not involved in traffic control, log duties, or screening should position themselves to observe from a position of safety and be immediately available to provide assistance as needed. Duties should be rotated periodically to prevent undue fatigue.
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7. CHECKPOINT OPERATIONS
A Checkpoints will normally be in operation for periods of six to eight hours. The checkpoint supervisor may discontinue operations at any time. The checkpoint supervisor may also extend the operating period at their discretion, after taking into consideration traffic volume and general operating conditions.
B Traffic control measures will be implemented to provide adequate warning to motorists approaching the checkpoint. Traffic cones and warning signs shall be used for this purpose. The checkpoint supervisor may assign a member of the checkpoint staff to be designated as the traffic control officer. The traffic control officer is responsible for maintenance of the traffic control devices and directing traffic into the checkpoint. The actual lane configuration should be individually designed to provide maximum safety at individual sites. The order of the approach warning signs is standard and shall not be altered. Motorists shall not be forced to drive into a checkpoint where no warning sign was posted giving the motorists knowledge of law enforcements intentions. The locations used for checkpoints should include an area such as a side street, place to turnaround or a place for a motorist to pullover and park prior to passing the first checkpoint ahead sign.
C Patrol vehicles will be parked to provide protection to team members and to be highly visible to approaching motorists. Patrol vehicles should also be situated to allow for pursuit, if warranted per policy.
D Adequate space shall be made available away from the checkpoint for the parking of vehicles and the administration of FSTs. This space may be a coned off traffic lane, a wide shoulder area, or an adjacent parking lot. For safety reasons, a parking lot should be used, if available. The decision not to tow and store a vehicle may be made at the discretion of the checkpoint supervisor on a case by case basis and in accordance with existing law.
E The checkpoint supervisor shall monitor traffic to ensure that a back-up of vehicles does not occur. If excessive delays occur, the checkpoint supervisor should order alternate vehicles screened as specified in the operational plan (example-every fifth vehicle) or suspended the checkpoint until the traffic flow allows for the checkpoint to resume. Should the checkpoint be suspended, it should be documented in the associated checkpoint report.
8. VEHICLE/DRIVER SCREENING
A All vehicles, regardless of type, should be subject to screening. This includes commercial vehicles such as buses and large trucks.
B Vehicles shall not be stopped on a discretionary basis; i.e., due to the “looks” of the vehicle or occupants. However, this does not preclude stopping a
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vehicle when the driver exhibits obvious signs of impairment.
C The checkpoint shall be staffed with enough officers to insure the safety of the checkpoint personal and motorists. There should be enough uniformed officers screening motorists to ensure that they are not negatively affected due to a lack of uniform personal. The requirements should be that there be a sufficient amount of uniform officers to screen multiple vehicles in the screening area at the same time, have additional officers for relief when needed, and have officers to perform FSTs and other necessary checkpoint operations.
When approaching a vehicle, screening officers should scan the interior and occupants Upon determining that no hazard exists, officers should greet the driver of the vehicle and advise the driver of the purpose of the checkpoint. If no articulable signs of impairment are observed, the driver provides a valid driver license and there are no other obvious violations, the officer should allowed the driver to continue on their way. Delays of motorists should be kept to a minimum. Normally, screening should be approximately 30 seconds. If the checkpoint is functioning as driver’s license and sobriety checkpoint, as most are, it shall be properly signed as such prior to enforcement by the screening officers.
D) In the event a motorist fails to comply with a screening officer’s request, such as refusing to move to the FST area or refusing to roll the window down, the screening officer shall request assistance from the checkpoint supervisor. The checkpoint supervisor shall assess the circumstances and order the appropriate enforcement action.
9. ENFORCEMENT ACTION(S)
A. Enforcement actions at the checkpoint screening area should be limited to driving under the influence, open containers, drugs, unlicensed/suspended drivers and other violations that are noticeable during the short screening process such as illegal weapons or occupant safety violations. Drivers should not be cited or otherwise detained for minor equipment violations. If the violation presents a serious safety hazard, the driver should be directed to pull into the secondary testing area and make or arrange repairs before proceeding.
B. When/If articulable signs or behavior normally associated with impaired driving are observed, the driver will be directed to a secondary screening area where further investigation will be conducted.
C. It must be emphasized to all checkpoint staff members that the purpose of the
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checkpoint is to detect and deter impaired drivers and identify unlicensed or suspended drivers. A checkpoint is not a “fishing expedition” for other types of violations such as conducting vehicle probation searches for contraband.
D. When an arrest is made, normal investigative/arrest techniques shall be used. Drivers who are not arrested after completing the FSTs shall be directed back into traffic.
E. The following changes are effective January 1, 2012 pursuant to AB 353 and CVC 2814.2(b) and 2814.2(c). When the driver of a vehicle is contacted at a sobriety checkpoint and found to be in violation of CVC 12500, the officer has the discretion to issue a notice to appear. Regardless of this decision, a reasonable attempt must be made to identify the registered owner of the vehicle and obtain his/her authorization to release the vehicle to a licensed driver. This must occur before the end of the checkpoint. If the officer is unable to identify the registered owner and/or obtain their authorization to release the vehicle, the vehicle will only be stored pursuant to CVC 22651(p). If the officer issues a citation AND the vehicle is released to a licensed driver, the officer shall document the person to which the vehicle is released on the citation and/or police report.
1. Per 2814.2, the officer must make a reasonable attempt to identify the owner in order to release the vehicle to a licensed driver. This should occur in person with a valid form of identification. The vehicle should be released only when the officer is satisfied the registered owner has been positively identified. The checkpoint supervisor has final discretion whether the vehicle should be released at the checkpoint.
F. The following changes are effective January 1, 2012 pursuant to AB 353 and CVC 14602: A vehicle removed pursuant to subdivision (c) of section 2814.2 shall be released to the registered owner or his/her agent any time the facility to which the vehicle has been removed is open upon presentation of the registered owner’s or his/her agent’s currently valid driver’s license to operate the vehicle and proof of current registration.
10 REPORTING REQUIREMENTS
A. Checkpoint supervisors are responsible for completing a Checkpoint Activity Form (NPD Form # 20-32-23a) for each checkpoint conducted. Instructions for completing the Checkpoint Activity Form and a sample are contained in the attachments. This form shall be included in the checkpoint supervisor’s report.
B. At the conclusion of each checkpoint, the checkpoint supervisor shall complete a detailed report of the checkpoints operations noting in the report; arrests (DUI, 12500s, 14601s, warrants, etc.), FSTs performed and number of vehicles screened. This report shall be maintained by the checkpoint
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supervisor’s with the operational plan for the checkpoint. This information will be needed for court purposes.
11 MEDIA RELATIONS
A. Current court case law will dictate what DUI checkpoint information is necessary to be released to the press. The checkpoint supervisor should complete a press release at least 48 hours prior to the beginning of the DUI checkpoint listing only the date and the city hosting the checkpoint. The location and time is not required.
* It is recommended that any actual news article (generated by your Press Release), as well as the original press release, be saved and attached to all DUI arrests for court purposes.
B. Suitable locations should be designated at checkpoint sites for media use. This procedure will ensure full cooperation while preventing interference with checkpoint personnel by the media.
12 MULTI-AGENCY CHECKPOINTS
A. Multi-Agency checkpoints will be permitted and encouraged.
13 EQUIPMENT – GENERAL
A. The basic equipment required for checkpoint operations consists of a fully equipped DUI checkpoint trailer with cones, lights, equipment and proper signs.
B. Warning signs shall be located in such a manner as to adequately warn motorists that they are approaching a sobriety checkpoint. The signs shall contain the following information for motorists “Sobriety Checkpoint Ahead” and/or “Driver License Check Ahead” Additional signs such as stop signs, no left or right turn signs and lane closer signs near or at the screening area should be used and posted in a location allowing motorists an unobstructed view of the sign.
All checkpoint staff working the screening area shall wear a reflective traffic safety vest as outlined in Lexipol Policy 500.5.
CHECKPOINT RECORD KEEPING
A. Complete a Checkpoint Activity log for each separate checkpoint location or site. Complete the blanks on the checklist log, including the checkpoint number, location, date and time, as well as personnel at the scene, including the supervisor, checkpoint officers, and volunteers.
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B. Keep a tally of all vehicles screened at the checkpoint.
C. The Activity Log Form is printed with numbers running in horizontal rows. The numbers start at 1 in the upper left portion of the form and end with 250 in the lower right portion.
D. Keep a tally of all vehicles checked at the checkpoint (driver spoken to only and then released without any further enforcement activity) by drawing a slash (/) through the number on the log. Make sure you start at number 1 and progress through the table in a sequential manner (1, 2, 3, 4, and 5).
E. Draw an “X” through the number corresponding to any vehicle in which the driver is given a sobriety test. (1, 2, 3, 4, 5.)
F. Circle any number corresponding to any vehicle in which the driver was arrested for DUI.
G. Record any other citations or arrests on the Checkpoint Activity Log form and in the checkpoint supervisor’s operation report at the conclusion of the checkpoint. This should include the case numbers.
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PROCEDURE
G-06 Novato Police Department
G06 – TRAFFIC CITATIONS
1. The purpose of this procedure is to establish guidelines related to the issuance of traffic citations dealing with moving, non-moving and parking violations.
2. TRAFFIC CITATIONS: There are three citation forms.
A. Parking Citations. Parking citation forms will be issued to parked vehicles. Parking citations will be processed through a collection agency as authorized by the Marin Parking Authority per procedure G-01.
B. Moving and Non-Moving Citations. Department issued electronic citation devices, Department issued electronic devices with citation issuance functionality, or standard written citations will be used for moving and non- moving violations. Parking violations that require proof of correction, such as CVC 5204 may be written and corrected on parking citations.
C. Warning Citations. Warning Citation enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations.
The warning citation is not intended to eliminate the normal Traffic, Parking Citations or Municipal Code Citations, but to replace the verbal warnings issued to citizens who may have committed minor violations.
D. The violation wording on citations should conform as closely as possible to the vehicle code section heading.
E. The full section and the wording on City ordinance traffic violations should conform as closely as possible to the wording used on the City Ordinance Traffic Violation Guide. These violations may be written on either a moving or parking citation, depending on whether they are issued to a vehicle or to a defendant.
F. All paper citations must be written with a black ballpoint pen. However, during inclement weather, pencil may be used if moisture prevents completion by ink. When using a pencil, officers should be aware to exert enough pressure when writing so all copies of the citation will be legible.
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3. APPEARANCE DATE AND TIME: Refer to the Court Case Guide for appearance date and times.
4. SUBMISSION OF CITATIONS: In order to process and enter all traffic citations in a timely manner, the Marin Traffic Court has established a deadline of not more than four (4) calendar days from the offense date. Failure to meet the four day deadline will significantly delay the disposition of the case.
5. SPEED VIOLATIONS: When citing for a speed violation, write the defendant’s speed in the first speed box labeled Speed Approx. Do not indicate approximate speed for any violations other than speed. Do not note speed for violations such as stop sign and traffic signal violations, informing the court of the vehicle’s speed as it travels through the intersection while violating the signal.
A. The box marked “PF/Max Speed” shall be used only when speed is the citing factor. When completing this box, indicate the existing speed limit for the area where the violation occurred.
B. The safe speed box can be used by officers when, in their opinion, the safe speed at the time of the violation/collision was less than the posted speed limit, due to unusual conditions such as heavy rain, fog, or other hazardous roadway conditions. The officers should list the speed they feel would have been safe in the safe speed box.
C. An estimate of speed can be used for issuing a traffic citation when there is a:
1. Radar or Lidar reading. 2. Accurate reading obtained by speedometer pacing. 3. Investigation of a vehicular accident from conclusive physical evidence gathered at the scene. 4. Visual observation of a suspected violator, traveling at an obvious accelerated rate of speed. The officer, based upon their experience and training, must be able to qualify in court to the satisfaction of the presiding magistrate as an expert in the field in estimation of vehicle speed. This method of speed estimation shall only be used when a more accurate reading cannot be obtained by the other listed methods. The violations must be hazardous and flagrant enough to justify a visual estimation of speed.
D. All paper citations must be submitted by the end of the shift. All citations issued using an electronic device, shall be uploaded into their designated systems by the end of the shift.
6. CITATIONS AFTER ACCIDENTS: Only those officers who have successfully
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completed a course, approved by the Commission on Peace Officer Standards and Training, in the investigation of traffic accidents per CVC 40600, may issue citations after traffic accidents. . Those officers who have not completed the specific course may, after investigating a traffic accident and determining that a violation has occurred, take the following actions:
A. Complete the collision report following Department guidelines outlined in Policy 500. The investigation shall be thorough and clear enough to justify a criminal complaint. This following process applies to infraction violations only.
B. The investigating officer will complete a citation, write the word “complaint” in the signature box and route the citation to the Marin Municipal Court
C. .
D. After the complaint is filed, the Municipal Court will send the defendant a notice, indicating that the complaint has been filed and giving a date and time to appear for arraignment.
E. If the defendant appears on the date set, the court process will proceed as usual on the complaint.
7. PARKING VIOLATIONS: Priority parking enforcement should be directed towards parking violations on main thoroughfares or heavily traveled streets. In addition, parking violations such as repairing autos in streets, abandoned autos and where vehicles are parked on City property where prohibited are a priority.
A. The practice of citing vehicles for minor parking violations in the early morning hours is of doubtful value. Whenever it is determined that an enforcement action is necessary, officers may issue warning citations first, advising citizens of violations and that future violations will result in the issuance of a citation.
B. The non-citation notification which is used in-lieu-of a parking citation may be placed on the windshield of vehicles parked in violation. The use of this form does not affect the officer’s discretion in issuing a parking citation.
C. The officers should use the Vehicle Identification Number (VIN) when issuing parking citations to vehicles without license plates or displaying dealer’s report of sales slips, or emergency operating permits. Officers should make an attempt to confirm that the Vehicle Identification Number (VIN) corresponds with the license plate located on the vehicle. If the vehicle does not display license plates, every effort should be made to ensure that accurate information is listed on the citation.
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D. Citizens wishing to contest parking citations should be directed to contact the Marin Parking Authority as specified in Procedure G-01.
E. Novato Police personnel shall not quote bail or advise a defendant that it will not be necessary to post bail for any violation. In cases of parking violations, e personnel should refer the citizen to the printed bail schedule on the citation. In addition, defendant’s should be referred to the Marin Parking Authority for bail information and to the Marin Municipal Court, should the citation be issued to a defendant on a moving citation. The Marin Municipal Court attempts to mail Notices of Appearance two to three days after they have received a citation from the Police Department. However, if they don’t receive a notice from the court within five days, they should contact the Traffic Court Clerk for further information.
F. No bail money shall be accepted over-the-counter for traffic violations. Defendants are directed to forward bail to the designated agency.
8. PREFERENTIAL PARKING ZONE A, B & C:
A. The primary purpose of this Preferential Parking Program, is to allow residents of the Leafwood Drive Apartments, Hayes St., Mirabella Ave., and Railroad Ave. preferential on-street parking within their neighborhood, during specific hours, and only with a permit that has been purchased from the City of Novato, Community Development. The ultimate goal of the program is to free-up on-street parking for apartment and residential residents who own a second vehicle. It will eliminate the use of on-street parking for long-term visitors at these locations and long-term parking for persons who live in the apartments and residences who own more than two vehicles. It is the policy of the Novato Police Department to enforce all laws,
B. The Finance Department’s Account Clerk facilitates the sale of the parking permits to specific tenants for specific vehicles, with instructions to place the permit on the left rear bumper of the tenant’s listed vehicle.
C. The parking zone, referred to as Zone A, starts at the corner of Leafwood Drive and Sunset Parkway and ends on Leafwood Drive at the north bridge. This zone has been clearly delineated with signs. Each apartment building owner in this zone has submitted the name and address of each of their tenants to the Finance Department. Stickers expire 1/30 and 6/30 of each year (6 month period).A copy of each of the permit is attached.
D. The parking zone referred to as “Zone B” (Hayes Lane), starts at the corner of Arthur St. and ends at the top of Hayes St. Only the westside of Hayes Street. is permit parking only. The zone has been clearly delineated with
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signs. Stickers expire 6/30 of each year.
E. The parking zone referred to as “Zone C” (Railroad Ave.), starts south of Grant Ave. and ends at Rose St. Only the eastside of Railroad Ave. is permit parking only. This zone has been clearly delineated with signs. Stickers expire 6/30 of each year.
F. The parking zone referred to as “Zone D” (Mirabella Ave.), starts west of First St. and ends east of Fourth St. This zone has been clearly delineated with signs. Stickers expire 6/30 of each year.
9. PARKING CITATION DISMISSAL: Refer to Procedure G-01
10. TRAFFIC CITATIONS WITH ADULT BOOKING/COMPLAINT: To avoid dual filing (double jeopardy) by Municipal Court and the District Attorney’s Office, do not issue citations for Vehicle Code violations or other infractions in conjunction with an adult booking or a District Attorney complaint request.
A. Include the infraction investigation in the primary investigative report. The District Attorney will decide whether to file the infractions along with the applicable misdemeanor and/or felony charges
B. The law provides a defense argument that if the defendant rushes in and pleads guilty to the infractions in Traffic Court, the defendant cannot later be prosecuted on the misdemeanor or felony charges which arose from the same transaction. This defense argument is based on the 1966 decision in Kellett v. Superior Court, 63 Cal.3d 822.
11. JUVENILE TRAFFIC CITATIONS:
A. Incidents involving the following offenses will result in the juvenile being cited to MarinTraffic Court. No report is necessary.
1) CVC infractions 2) CVC misdemeanors that would be referred to Traffic Court if the offender were an adult.
B. Incidents involving other offenses or involving the offenses listed above (Section 10-A) in conjunction with other offenses will result in the juvenile either being cited to Juvenile Probation or booked at Juvenile Hall.
C. If a matter that is initially referred to Marin Traffic Court is subsequently referred to Juvenile Probation by the court, Juvenile Probation will notify the arresting officer, who will then prepare a police report detailing the events
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leading to the issuance of the citation. That report will be forwarded to Juvenile Probation.
D. Juveniles may be cited for violations that occur outside of the officer’s presence, but established through evidence or statements obtained at an accident scene. The authority for this is based under the Welfare & Institutions Code, Section 625.
12. CITATION FINGERPRINTING:
A. 1. Any officer may request a person being cited for a traffic violation, to include misdemeanors, or an infraction or misdemeanor violation of another code, provide a fingerprint, in addition to their signature, on the issued citation when the subject possesses adequate proof of identification.
2. Refusal of the subject to provide a fingerprint, as described in A.1, does not alone constitute grounds for physical arrest.
B. 1. An officer can request a person being cited for a traffic violation, to include misdemeanors, or an infraction or misdemeanor violation of another code, provide a fingerprint, in addition to their signature, on the issued citation when the subject does not possess adequate proof of identification.
2. Refusal of the subject to provide a fingerprint, as described in B.1, may constitute grounds for a physical arrest either pursuant to 40302(a) VC – When the person arrested refused to present his driver’s license or other satisfactory evidence of his identity for examination or 853.6(I)(5) PC – The person could not provide satisfactory evidence of personal identification. No subject who refuses to provide a fingerprint shall be compelled, by use of force, to provide a fingerprint.
C. If a photograph is taken of a subject, in addition to a fingerprint as described in A.1 and B.1, the photo shall be Uploaded to the appropriate system (i.e. Axon or Mark43).
D. Determination of what constitutes satisfactory evidence of identity shall be in accordance with established case law and/or statute.
E. If possible, a right thumbprint should be obtained in an effort to maintain consistency. The print should be placed on the rear of the original citation maintained by NPD.
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13. TRAFFIC CITATION ROUTING: All traffic paper citations for Municipal Court are to be placed in the citation box at the end of each shift. Citations issued through the use of an electronic device shall be uploaded by the issuing officer by the end of each shift.
14. MECHANICAL CORRECTIONS: All sworn Police Officers, Community Service Officer, Police Aides and Police Interns of the Novato Police Department may certify corrections on mechanical and non-mechanical citations issued by any member of this Department. Officers, Community Service Officer, Police Aides and Police Interns may certify corrections made for citations or warning notices issued by outside jurisdictions in the following cases:
A. Any non-mechanical violations.
B. Any non-controversial mechanical violations. The term “non-controversial mechanical violation” is to be construed to mean any violation where the opinion of the officer may be debatable with the policies and procedures of the issuing agency. Examples of controversy that have arisen in the past have involved violations regarding mufflers, excessive exhaust and tinted windows.
C. Any violation when a referral to the issuing agency would result in an otherwise unnecessary long trip (outside Marin County for a local resident).
D. Only non-mechanical and non-controversial CHP citations may be certified by any member of this Department. Other violations require the specific permission of the CHP Office in Corte Madera.
E. Proof of Insurance must be signed-off by a Court Clerk at the Civic Center, Room C-10.
15. OWNER RESPONSIBILITY: Refer to the Court Case Guide Form #20-32-14: Officer to complete a notification letter form 20-31-39a and route to Records.
16. NOTICE OF CITATION CORRECTION: Two (2) different forms will be completed by officers and submitted to Records for processing. Records personnel will route as listed on the letter/citation:
Citations issued on electronic devices will require completion of an “amendment” in the associated citation software.
17. TRIAL BY WRITTEN DECLARATION: When a Trial by Written Declaration is
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requested, the clerk of the court will send the arresting officer both a “Notice and Instructions to Arresting Officer” (Form TR-210) and a copy of the “Officer’s Declaration” (Form TR-235) with a “Notice to Appear.” Records will treat the notice as a subpoena and log its receipt and return to court.
The arresting officer will complete the declaration and forward it to the Technical Services Bureau for processing.
A. Technical Services personnel will: 1. Enter the date returned to court in the Subpoena Log. 2. Route the declaration to Traffic Court.
18. WARNING CITATION ROUTING: All Warning Citations will be routed to Records and placed into the filing system.
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PROCEDURE
H-03 Novato Police Department
H03 – SUPERVISED RELEASE FILE (SRF) AND CALIFORNIA SEX AND ARSON REGISTRY (CSAR)
1. The purpose of this order is to establish procedures and guidelines for using the California Department of Justice (DOJ) Supervised Release File (SRF) and California Sex and Arson Registry (CSAR).
2. Novato Police Department will send a Contact Message on all SRF and CSAR matches (hits).
3. Responsibility for Contact Messages is shared by the Dispatcher who shall send the message and officers who shall provide information for an informative message.
4. Officers shall complete field interview (FI) entries in Mark 43 on all CSAR sex and arson registration hits. Notification of the contact shall be made to the Investigations Section so that the recently obtained information can be compared to existing CSAR records.
5. 6. It is possible for a subject to have a SRF and CSAR record.
DESCRIPTION
7. SUPERVISED RELEASE FILE (SRF): SRF identifies eight (8) categories of individuals who are supervised or monitored by Criminal Justice agencies and allows field officers to report their activities to the monitoring agency:
Record Type Entered and Maintained By
Adult Parolees California Department of Corrections Juvenile Parolees California Division of Juvenile Justice County Probationers County Probation Department Federal Probationers U.S. Probation Offices Career Criminal Local Law Enforcement Agencies Violent Offender Record California Department of Justice
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Mandatory Supervision This record type identifies persons convicted of a felony sentenced to county jail pursuant to Penal Code Section 1170(h)(5)(B), that includes a term of mandatory supervision by county probation.
Post-Release Community Supervision The PRCS record type are those created by Penal Code Section 3450 that refer to the supervision of released state prison inmates by local probation departments instead of CDCR parole. **PRCS refers only to those offenders released from prison.
8. SRF RESPONSES: SRF provides personal descriptor information, identification numbers, primary offense, county and city of residence, miscellaneous information, supervising agency, supervising agent, telephone number and the number of prior Contact Messages.
9. CALIFORNIA SEX AND ARSON REGISTRY: The California Sex and Arson Registry (CSAR) is a relational database which stores registration information on California Sex and Arson registrants. Law enforcement agencies (LEAs) are able to enter and update sex and arson registration information directly into CSAR immediately after registration. Since Sex and Arson registration is a lifetime requirement and CSAR is a relational database, all LEAS with CLETS capability may contribute information to a registrant’s record.
10. CSAR MEGAN’S LAW FLAGS: CSAR CLETS returns provides law enforcement officers with the category of sex offender for level of public disclosure permissible under Megan’s Law.
** High Risk Sex Offender — Info Subject to Public Disclosure ** ** Serious Sex Offender — Info Subject to Public Disclosure ** ** Sex Offender — Info Not Subject to Public Disclosure ** ** Sexually Violent Predator ** ** Transient **
Policy 356 defines Department procedure for dissemination of offender information to the public.
PROCEDURE
11. OFFICER’S RESPONSIBILITY: FI and Contact Message responsibilities are
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listed: A. Officers running MDC queries will advise Dispatch of SRF and CSAR hits.
B. Officers shall provide the dispatchers with sufficient information to complete an informative Contact Message. The information shall include, but is not limited to:
1. The booking/citation charge(s) or reason for the contact. 2. Vehicle Information — License plate number, state and year of license plate expiration, vehicle year, make, model and color, or indicate, “No vehicle. 3. Comments — “Contacted and FI’d at 1030 hours, on foot, in the company of John Smith, a known burglar,” or “No physical contact, subject under investigation, report number ______.”
C. Officers doing their own investigative inquiries shall print the SRF/CSAR hit, write down the pertinent Contact Message information, and route it to Dispatch for entry.
D. Officers shall complete a RMS FI on all Sex and Arson Registrant and post release community supervision (PRCS) contacts. The purpose of the FI is to verify the subject’s address, most current physical description, vehicle information, companions, and activity.
12. DISPATCHER’S RESPONSIBILITY: When a positive SRF/CSAR match is made on an individual, it is the Dispatcher’s responsibility to advise the officer and to ensure a Contact Message is sent via CLETS. If the individual has multiple hits, a Contact Message shall be sent on each hit. (The body of the Contact Message can be sent to five different locations simultaneously.) Contact Messages may be sent at any time. The contact date and time should be included if the message is not sent at the time of contact. Dispatchers should strive to make responses as complete as possible.
A. Contact Messages shall be sent using the Omnixxforce Mask.:
1. The officer’s name. 2. Department telephone number. 3. Status of contact 4. Charge (if applicable) 5. Miscellaneous comment field (case number if applicable)
B. This task is now completed by the Investigations Section and Records. See number 4 above. We do not adjust CSAR records owned or maintained by
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other law enforcement agencies.
C. “Notice of Contact Message” and “Notice of Arrest” messages sent to the Department shall be routed to the Detective Supervisor.
13. RESEARCH TOOLS: SRF also consists of four research databases:
A. SRF on-line search: 1. Contact Message File - CLETS provides the 20 most recent Contact Messages associated with an individual by running the FCN number as shown below. An individual may have more than one FCN number, because each of the eight record types will have its own FCN number. This search is a powerful investigative tool.
IR QVC1.CA0210600.FCN/______
B. SRF searches available from DOJ: 1. SRF File — A SRF search can provide a pool of suspect candidates. Number is non-existent.
An email to the CAL – DOJ SRF unit at [email protected] can lend assistance on SRF records such as a search of contact messages in a geographical area, or search by personal descriptor, vehicle or any combination of these elements. 2. Possible Hit File — This SRF file contains a record of all positive responses to inquiries in the preceding six months. It is used to view the statistical differences between the volume of queries run by an agency compared to the Contact Messages sent. Not all possible hits are matches for the subject inquired upon. 3. Contact Message Report — Upon request, the SRF Unit will run a report of the Contact Messages sent by this Department. Some of the elements the report can list are: date message sent, subject, DOB, type, officer’s name, status and the comments field. The purpose is to provide managers with a tool for reviewing content of Contact Messages.
C. CSAR search — Sex offender searches can be completed using the search tool listed at www.meganslaw.ca.gov/mobile/search.aspx
Novato Police Department employees who have enrolled and have been granted access to the California Sex and Arson registry at CSAR (https://csar.ext.doj.ca.gov/landing_page.xhtml) may conduct investigative
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searches against registrants. r 14. CAREER CRIMINAL RECORDS: Career criminals are defined by Penal Code Section 13853. The purpose of the career criminal apprehension effort is to achieve convictions. A career criminal entry may be made even if the individual is already in another SRF file. Career criminal entries are especially useful for individuals no longer on supervised release.
A. Novato Police Department career criminal entries may be made on individuals who: 1. Are listed as suspects in Department reports for the commission of any of these crimes: homicide, rape, sexual assault, child molestation, robbery, carjacking, burglary, arson, controlled substance violation of 11351 or 11352 H&S, receiving stolen property, grand theft, or grand theft auto; 2. And have
a. Committed three or more separate felony offenses not arising out of the same transaction; or, b. At least one conviction during the preceding ten years for the commission or attempted commission of any felony listed in Subdivision (a): Robbery of the first-degree, carjacking, burglary of the first-degree, arson as defined in Section 451 or 452, forcible rape, sodomy or oral copulation committed with force, lewd or lascivious conduct committed upon a child, kidnaping as defined in Section 209, or murder, manslaughter; or,
c. At least two convictions during the preceding ten years for the commission or attempted commission of any felony listed in Subdivision (b), to wit: Grand theft, grand theft auto, receiving stolen property, robbery in the second degree, burglary of the second degree, kidnaping as defined in Section 207, assault with a deadly weapon or instrument, or any unlawful act relating to controlled substances in violation of Sections 11351 or 11352 of the H&S Code. 3. For the purpose of 13853 PC, the ten year periods specified in this section shall be exclusive of any time which the arrested person has served in state prison.
B. The Novato Police Department Investigations Supervisor or his/her designee shall be responsible for initiating career criminal entries for the Department; however, any officer may forward criminal history information on qualifying suspects to the Investigations Section, recommending a
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career criminal entry.
C. The Investigations Supervisor shall forward entry requests to the Communications Section utilizing Supervised Release File Entry Form #20- 41-35b. 1. The “Supervising Agent” field shall always be entered as “Detective Supervisor,” so that Contact Messages will be sent to the Investigations Section and not to an individual who may no longer be assigned to the Investigations Section. 2. Dispatchers shall enter the CII number on all career criminals. The CII number is needed to receive Notice of Arrest information from the Department of Justice. 3. An arbitrary purge date of ten (10) years shall be entered initially, but shall be at the discretion of the Detective supervisor.
D. When a career criminal is arrested, the Investigations Supervisor, or designee, should work directly with the assigned Marin County Deputy District Attorney in a coordinated effort to achieve new convictions rather than deferring the individual as a parole or probation violator.
E. “Notice of Arrest” is sent via CLETS when an arrest is added to the Criminal History Record of a subject the Department has entered into SRF.
F. The Investigations Supervisor, or designee, shall annually, in January of each year, review all Department entries in SRF and determine if the entries are still pertinent. When no longer interested, the Detective Supervisor shall request removal from SRF, utilizing form 20-41-35b.
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PROCEDURE
H-04 Novato Police Department
H04 – PRIORITIZING SERVICE REQUESTS
1. The purpose of this procedure is to establish the guidelines for prioritizing calls for service.
2. Calls for service will be designated Priority, 1, 2, or 3. The Department strives to dispatch Priority 1 calls within one minute of receipt and to arrive on-scene within five minutes. Priority 2 and 3 calls should be dispatched as soon as resources are available.
3. PRIORITIZING CALLS FOR SERVICE: GOOD JUDGMENT shall be used when applying these guidelines for prioritizing calls for service. The rule for prioritizing service requests shall be “danger to life over loss of property.”
A. Computer Aided Dispatch (CAD) recommends call priority and unit assignments.
B. Dispatchers will assign the appropriate priority and unit assignments, based upon the specific circumstances.
4. PRIORITY 1: Designates any call involving threat to life, felonies that just occurred, or in-progress and the perpetrator is fleeing the scene. These calls shall be dispatched immediately upon receipt to the beat car or closest available unit. The Department shall strive to maintain a response time of five (5) minutes. These types of calls include, but are not limited to:
• Silent, panic, duress, and robbery alarms • Assaults in-progress • Robberies in progress or just occurred • Burglaries in progress • Domestic violence and violations of Protective Orders in-progress • Collisions with injuries or unknown injuries • Assistance from an outside agency on an emergency call • Barricaded gunman or hostage situations • Crimes involving shots fired or just occurred • Life or death situations; i.e., suicides, attempted suicides, medical emergencies • Dead human body regardless of circumstances given by caller
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• Sexual crimes in progress or just occurred • Riots • Disasters or hazardous conditions (i.e., chemical spills, plane crashes, floods) • Kidnaps • Prowler • Unknown situation/incomplete call for police assistance • Missing person (i.e., lost child or elder, existing medical or mental condition, or suspicious circumstance) • Any other call where, in the judgment of Sergeant, officer or call taker an articulated emergency exists • Officer down/Officer needs emergency assistance
5. PRIORITY 2: Designates urgent calls short of an emergency. Every effort will be made to dispatch these calls promptly; however, they may be held for short periods of time (generally no longer than 15 minutes) based on available resources and the degree of urgency. If field units are unavailable and a Priority 2 call has been pending for 15 minutes, the Dispatcher should notify the Field Supervisor. Update CAD noting when the Supervisor is advised. Generally Priority 2 calls should be dispatched to the beat car. However, based on the urgency of the call, it may be appropriate to dispatch an alternate unit.
6. Priority 2 calls may vary in range of urgency. Degree of urgency is defined by:
A. Potential for physical violence B. Necessity for evidence collection and processing C. Suspect information D. Time element E. Other hazards or complications
Priority 2 calls include, but are not limited to, the following types of calls: • Other alarms • Domestic situations where one party has already left the scene, or standby only is needed. • Property damage traffic collisions • Cold burglaries • Vandalism in progress/just occurred with suspect information • Theft in progress/just occurred with suspect information • Suspicious person/vehicle on scene, in the area • Disturbances: disorderly conduct, drunk in public • ATL drunk driver, reckless driver, speeding vehicle • Suspicious circumstances in progress • Missing person (runaways and voluntary missing adults) • Missing Persons (14200-14213 PC)
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• Professional security personnel holding shoplifter/no problems • Welfare checks • Requests for assistance by outside agencies (AOA) • Any other call where, in the judgment of the Dispatcher, urgency exists
7. PRIORITY 3: Designates calls of a non-emergency nature and may include calls for which there are no suspects or witnesses on scene and no evidence requiring immediate collection. The majority of these calls may fall into the category of cold report calls and citizen service requests including: Low-priority in-progress calls as in noise disturbances; i.e., loud music, barking dogs. The Department strives to dispatch these calls within 30 minutes; however, such calls may be held indefinitely based on available resources and at the discretion of the Field Supervisor.
8. FRONT COUNTER SERVICE REQUESTS: Calls for service at the police department will be assigned to the beat two officer. Citation sign-offs can be assigned to Interns or a Traffic Officer in the station. Citizens will be encouraged to respond home by records personnel and the appropriate beat unit will be assigned. Dispatchers should notify the Field Supervisor if the ETA will be 30 or more minutes. The Supervisor should also be notified when the dynamics change; i.e., extended ETA or the Reporting Person is agitated. Supervisors (and Dispatchers, when the Field Supervisor is unavailable) should consider quality service over beat integrity when units are available.
9. ADVISEMENT OF DELAYS: Dispatchers should call back reporting persons who requested contact whenever any call is held over 45 minutes, advise an extended delay, give a new estimated response time, and document the advisement in CAD. Dispatchers should also advise:
A. The Field Supervisor, and
B. Records Specialists – when the reporting person is at the front counter.
10. IN-SERVICE UNITS: To maximize immediate response to high priority details, efforts shall be made to maintain at least one field unit (in addition to the Shift Supervisor) available for service.
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PROCEDURE
H-05 Novato Police Department
H05 – CITIZEN CRIME REPORT
1. The purpose of this procedure is to establish guidelines for the use of the Citizen Crime Report.
2. The Novato Police Department will allow citizens to utilize a counter/mail-out report or online self-reporting system to file crime reports when solvability factors are minimal and the listed criteria are met.
3. Citizen Crime Reports will be allowed when there is no suspect information for the following type of cases: Lost Property; Petty Theft, Grand Theft, Fraud, Identity Theft and Vandalism (excluding graffiti) where the amount of damage does not exceed $1000; late-reported non-injury collisions; and, annoying phone calls when the reporting person has not been threatened.
4. CRITERIA. When the Novato Police Department receives a call for service involving a call that may meet the above-described criteria, the call-takers shall:
A. Determine if there are any suspects or witnesses.
B. Determine if anything of evidentiary value is believed to be available for gathering or processing.
C. Advise the caller to complete an on-line report, or a mail out or counter report may also be utilized.
5. The Patrol Supervisor may authorize use of a Counter/Mail-Out Report or online self-reporting to facilitate differential policing.
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PROCEDURE
H-08 Novato Police Department
H08 – DEPARTMENT SUBPOENA PROCEDURES
1. The purpose of this procedure is to delineate responsibility and establish procedures for the service and confirmation of Department and non-Department subpoenas. (Refer to Policy 348 for additional information)
2. CRIMINAL SUBPOENAS: Penal Code Section 1328 covers the reception and service of criminal subpoenas. The statutory requirements are listed in A and B below. Even though the statute provides for five working days notice, it is in the best interest of the successful prosecution of our criminal cases to notify officers of short notice subpoenas. Therefore, a Department supervisor will attempt service on all criminal subpoenas.
A. Section 1328(e) states: “If the immediate superior or his or her agent is tendered service of a subpoena less than five working days prior to the date of hearing, and he or she is not reasonably certain he or she can complete the service, he or she may refuse acceptance.”
B. Section 1328(f) states: “If the immediate superior or agent upon whom service has been made, subsequently determines that he or she will be unable to deliver a copy of the subpoena to the peace officer within a time which will allow the peace officers to comply with the subpoena, the immediate superior or agent shall notify the server or his or her office or agent not less then 48 hours prior to the hearing date indicated on the subpoena, and is thereby excused from any duty, liability, or penalty arising because of his or her failure to deliver a copy of the subpoena to the peace officer.”
C. If the supervisor cannot contact the employee or the supervisor deems the employee’s absence excusable, the supervisor will return the subpoena unserved. Excusable absences are those situations in which the service of a short notice subpoena would cause extreme hardship on the employee. The supervisor has discretion in determining what constitutes extreme hardship.
D. When the District Attorney’s Office issues a subpoena with less than five (5)
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working days notice, the serving supervisor shall forward a copy of the subpoena(s) to the Investigations Supervisor, who is the Department DA liaison.
1) The DA liaison shall immediately notify the Assistant District Attorney by E-Mail.
2) The Assistant District Attorney has promised to follow-up on all referred subpoenas to determine whether short notice was caused by DA procrastination or by events beyond the control of the District Attorney’s Office.
3. RECEIPT AND LOGGING: Subpoenas received by this Department shall be forwarded to the Records personnel who shall enter in the “Subpoena Log” (excel spreadsheet “K” drive): the date received, date to appear, defendant's name, and officer name/witness name. A number will also be assigned to each subpoena. Traffic subpoenas requesting written facts, for a Trial By Declaration,” (aka “facts”), should be logged in as facts.
4. SERVICE ON FORMER EMPLOYEES: When a criminal subpoena is received for a former employee now working for another law enforcement agency, return the subpoena unserved with the name of the employing agency. When the employee is no longer working for a law enforcement agency, forward the subpoena to Professional Standards for former employee contact. If the former employee lives in Novato, prepare the subpoena for service by Novato Police Department. Former employees are not compensated by the Department for court appearances.
5. SUBPOENA CALENDAR: Upon completing the log entries, Records personnel shall forward the Patrol subpoenas to the appropriate shift folder and the Detective subpoenas to the Investigations routing box. Records personnel shall also enter the information on the Subpoena Calendar, NPD Form #20-31-46. Traffic subpoenas requesting written “Trial by Declaration of Facts” are not logged on the Subpoena Calendar.
A. Subpoenas and Contested Traffic Hearing Notices will be served by personnel with the rank of Lieutenant, Sergeant or Corporal when serving as an Acting Shift Supervisor or at the direction of a Sergeant or Lieutenant. Supervisors shall sign the subpoena where it says “Signature of Server” and shall write their three digit Employee Number.
B. An officer who will not be returning to duty prior to the appearance date shall be contacted by phone and advised of the subpoena by a supervisor. Supervisors shall make the notification on all short notice (under five days) subpoenas. Messages left on answering machines or left with second parties
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do not constitute service.
6. TRAFFIC SUBPOENA: Records personnel shall log and route traffic subpoenas as outlined above.
7. CRIMINAL NON-DEPARTMENTAL SUBPOENA: Records personnel shall log in the subpoena, complete a “Subpoena Worksheet,” NPD Form #20-41-38, and place the subpoena on the service board. In the event the subpoena appearance date is within five days following receipt, Records personnel shall advise the Watch Commander, transferring the subpoena to him/her to ensure immediate service.
A. When service is attempted and no one is home, the officers shall leave a “Notice of Attempt to Serve Subpoena,” NPD Form 20-41-38a.
B. The Subpoena Worksheet shall be returned to the DA with all subpoenas as proof of due diligence.
8. TELEPHONE AND FAX SUBPOENAS: Upon receiving telephone or fax information from the District Attorney's Office that an officer's appearance is required in court, it shall immediately be relayed in writing to the Watch Commander for officer notification.
9. SPECIAL STANDBY SUBPOENAS: During the prosecution of lengthy or complex criminal cases, several members of the Novato Police Department can be placed on standby by either the District Attorney, the Public Defender’s Office, or private defense counsel.
A. Records Responsibilities. The Records employee accepting the standby subpoenas shall log the subpoenas and immediately notify the on-duty Shift Supervisor.
B. Patrol Responsibilities. The on-duty Shift Supervisor shall immediately notify the Watch Commander in charge of scheduling and appraise him/her of the number of personnel placed on standby.
1. The Lieutenant will contact the attorney initiating the standby and will set up a schedule for the court appearances.
2. Each person named in the subpoena will receive a copy of the schedule and/or will be notified in person.
3. This schedule will prevent the unnecessary expenditure of budgeted overtime money.
10. SUBPOENA RETURN: D.A. subpoenas shall be returned to the D.A.'s routing box.
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Subpoenas issued by other persons or agencies will be mailed to the issuing attorney. Served and unserved subpoenas shall be entered in the Subpoena Log.
11. CRIMINAL SUBPOENA DUCES TECUM:. Penal Code Section 1054 et seq, requires any defendant seeking any information from the arresting agency apply to the prosecution. When a criminal subpoena duces tecum is received, forward it to the Records Supervisor, who shall notify supervising DA Investigator and the City Attorney’s Office, so that a Motion to Quash will be prepared. Documents shall not be provided to the defense without a written directive from the District Attorney’s Office.
12. NONCRIMINAL SUBPOENAS: All noncriminal subpoenas (those naming the City of Novato) received by this Department shall be forwarded to the City Clerk's office.
A. Civil subpoenas requiring officer testimony. See #21 of this order, for service. If the City is named as a party, or there is a concern about our involvement and/or potential litigation, forward a copy of the subpoena to the City Attorney.
B. Subpoenas requiring the production of business records such as “Duces Tecum” shall be directed to the Records Supervisor.
C. Subpoenas requiring the production of personnel records, “Pitchess Motion” shall be directed to the Administrative Services Division Commander.
APPEARANCE CHANGES
13. SUBPOENA CANCELLATION: In the event information is received changing the appearance date or canceling the case, the Records personnel shall:
A. Complete Form #20-31-47, “Court Appearance Changes.”
B. Changes will be written on the subpoena calendar, Form #20-31-46.
C. Cancellation or date change occurring prior to officers' return to duty: Records personnel shall telephone the officer promptly upon receipt of information. If phone contact is not completed, the Watch Commander shall be notified and assume contacting the officer. Make appropriate log entries.
D. Cancellation or date change following officers' return to duty: make appropriate subpoena calendar entries and route Form 20-31-47 “Court Appearance Change” to officer's Department mailbox.
APPEARANCE CONFIRMATION
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14. OFFICER RESPONSIBILITY: Officers shall respond to court when subpoenaed or notified to attend by a supervising officer.
15. APPEARANCE ABSENCE: All appearance absences shall receive supervisory or division commander approval. Absences include injury, illness, vacation, and training. A continuance shall be requested.
16. REQUEST FOR A CONTINUANCE: Upon receipt of a subpoena or Contested Traffic Hearing Notice, officers with scheduled vacation or training shall submit a Request for a Continuance. For a Municipal or Superior Court subpoena, use NPD Form #20-31-37. For Contested Traffic Hearing use NPD Form #20-31-38. The white copy is forwarded to the court, yellow to the records folder, and pink to the officer. The officer shall contact court at a later date to confirm the case has been continued.
17. APPEARANCE CONFIRMATION: It shall be the subpoenaed officer's responsibility to contact the issuing agency's office; i.e., D.A., DMV office, for appearance confirmation.
A. Off-duty officers residing within 30 miles of Novato shall contact the subpoena desk at the District Attorney's Office one (1) hour prior to the appearance time on D.A. Subpoenas. Officers residing outside the 30 mile radius shall contact the District Attorney's Office 90 minutes prior to the appearance time.
B. Appearances prior to 0930 shall be confirmed between 1600 and 1630 of the preceding day. Monday appearances are to be confirmed between 1600 and 1630 of the preceding Friday. Appearances after 12:30 p.m. are to be confirmed by calling the Novato Police Department after 11:00 a.m. Records personnel will have received cancellation information from the Subpoena Clerk.
18. COURT ATTENDANCE VERIFICATION: Upon receipt from court, Records will route the Marin County Municipal Court Contested Traffic Calendar for non- appearances to the Second Platoon Lieutenant for follow-up regarding non- appearance by any NPD officer.
19. CIVIL SUBPOENA FOR SWORN OFFICER: The subpoena shall be accepted at the Police Department front counter after the payment of a $275.00 deposit/appearance fee. A Civil Subpoena Worksheet, Form #20-11-7, shall be attached and routed to the officer, along with the subpoena. The subpoena shall be processed like all other subpoenas, except that the Records Supervisor shall maintain a copy of the subpoena, receipt, and Civil Subpoena Worksheet form.
A. Officer’s Responsibility: Police officers shall complete Form #20-11-7
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after they have appeared in court and shall return it to the Records Supervisor.
1) Officers shall not prepare records for production in court.
2) If the subpoena requests records, the Records Supervisor shall be advised and the attorney shall be requested to prepare a Subpoena Duces Tecum.
B. Records Supervisor: The Records Supervisor shall utilize the information completed by the officer to determine the amount of money which will either be reimbursed to (or) requested from, the attorney of record. If fees are to be reimbursed to attorney, a “Payment Authorization” form shall be completed. If additional fees are required, a “Notice of Invoice” shall be completed.
C. If the court continues a proceeding on its own motion, no additional deposit is required for the officer to appear on the date to which the proceeding was continued (Section 68097.2 CGC).
20. NON-EMPLOYMENT RELATED SUBPOENA: Upon receiving information that an employee of the Novato Police Department is subject to be served with a civil or criminal subpoena not related to his/her employment, it will be the clerk's responsibility to notify the server about the proper procedure.
A. The server of the subpoena will be directed to contact the employee named in the subpoena at the end of his/her working shift.
B. If the employee is off, the server will be notified to return on the appropriate date and time.
C. The employee's direct supervisor, shall be notified of the pending service and will contact the employee named in the subpoena prior to the end of the shift, and advise him/her.
D. It shall be unlawful for any Novato Police Department employee to refuse to be served with any subpoena. Failure to accept such service will be considered a violation of Policy 348.
PROCEDURE FOR OFFICER TO SUBPOENA A WITNESS FOR TRAFFIC COURT
21. HOW TO COMPLETE A SUBPOENA: Police officers should complete subpoenas as indicated below. Use Judicial Council form SUBP-001:
A. Attorney or party without attorney: Stamp or type NPD and address.
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B. Name of court: As shown (should be pre-typed on most subpoenas)
C. Title of case: People of the State of California vs. (Name order not important; i.e., Jane Doe or Doe, Jane OK).
D. Case number: Enter the court case number
E. Person being subpoenaed: Include the person's address.
F. Date and time of hearing. Address: Marin Civic Center, 3501 Civic Center Drive, Rm. C-10, San Rafael.
G. You are: Check “ordered to appear in person.”
H. Name: Requesting officer and NPD case number. Telephone number: NPD main business number
I. Subpoena must be issued as indicated below.
22. ISSUING SUBPOENAS:
1. Make two copies.
2. Original and one copy for service, one copy to report file. The subpoena will be logged in per section 3 and placed in the folder for service.
3. Traffic court no longer tracks officer issued subpoenas. Officers shall refer to Procedure G-06, “Traffic Citations,” for instructions on when to subpoena witnesses for Traffic Collision Court appearances.
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PROCEDURE
H-09 Novato Police Department
H09 – ALARM PROCEDURE
1. The purpose of this order is to establish policies and procedures dealing with responses to alarm calls, excluding vehicle alarms and “Lifeline” type medical alarms.
2. The Novato Police Department allows a maximum number of non-criminally activated alarms within a consecutive 365 day period. Pursuant to Section 14-18 of the Novato Municipal Code, the Police Department shall impose a fine for each false alarm recorded after 1 within a consecutive 365 day period.
DEFINITIONS
3. ALARM SYSTEM: An alarm system means any device, including a system of devices, which is designed or used for the detection of criminal activity, fire or related conditions potentially hazardous to the public safety and welfare.
4. ALARM COMPANY: As used in this policy, an alarm company is the company monitoring or having control over an alarm system and will also include an alarm monitoring company and the private owner of an alarm system such as a resident or business person owning his/her own alarm system.
5. NON-CRIMINALLY ACTIVATED ALARM: A non-criminally activated alarm means an activated alarm signal necessitating response by the Novato Police Department and it is determined that no criminal act caused that alarm activation.
6. ALARM DEFINITIONS: The following terms have been defined by the California Alarm Association in an effort to standardize alarm definitions as utilized by alarm companies and law enforcement. These terms may not always be utilized by alarm companies.
A. Holdup/Robbery Alarm (Silent Only). The robbery alarm is used to indicate an in-progress robbery.
B. Burglary Alarm (Silent or Audible). The burglary alarm is used to indicate
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that a person(s) are in the act of entering a building to commit a theft or other felony.
C. Manually Activated or Panic Alarm. The manually activated, or panic alarm, is used to indicate that an emergency or life-threatening situation exists.
D. Duress Alarm (Silent). The duress alarm is used to indicate that an emergency exists and the person activating the alarm may have been taken hostage. The duress alarm is usually in the form of the code number of the person legitimately in the premises punched into the alarm key pad plus one additional number added on that key pad.
PROCEDURE
7. ALARM CALL RECEIVED: Whenever police personnel receive an alarm activation advisement, he/she will ascertain as much information as possible including the complete name and address (including any suite number), the specific location from where the alarm signal is coming, and the name and phone number of the caller (including the area code, if applicable). The alarm company will be provided the CAD event number for future reference.
8. ALARM RESPONSE: A. ROBBERY OR DURESS ALARM. If available, three units shall be dispatched to a silent robbery or duress alarm. Robbery and duress alarms shall be designated Code 2, unless specific information is received indicating immediate action is necessary to protect human life. One unit may then be designated Code 3 response. 1. The first unit on-scene will deploy other assigned units in a containing action. Police vehicles should be positioned out of view of possible suspects. 2. Officers shall not immediately enter an establishment unless such an emergency exists that immediate action is necessary to protect a human life. 3. When officers on the scene are positioned, the first officer shall advise the dispatcher to make contact with the establishment and ascertain the validity of the alarm. If the alarm is valid, the dispatcher will attempt to obtain information relative to suspects, including possible weapons. In the event of a robbery or other emergency in-progress, the dispatcher shall instruct the owner or employees on the phone to immediately lock the doors after the suspects leave. If not valid, the dispatcher shall have the subject exit the premises and meet with the officers. Dispatchers will obtain a clothing description of the subject
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meeting officers. 4. If the Police Department receives a call from the responsible or alarm company advising of a false alarm or providing an alarm code, two officers will respond, Code 2, and contact a responsible outside the premises for confirmation.
B. BURGLARY OR PANIC ALARM: Applicable dispatching, response and first unit procedures are the same as for a robbery or duress alarm, except only two units will normally be assigned. 1. Upon arrival, complete a search of the exterior of the building. If secure, officers will standby, if possible, if a responsible is responding.. If the responsible does not want to have the interior checked, or ETA of arrival is excessive, the dispatcher will record this in the CAD event. Officers will leave a “SCAT” card (NPD Form #20- 31-64) at the premises. Complete the back side of the copy left at the premises. If the officer does contact someone on the premises who does not understand the alarm system, or does not comprehend what happened, leave the aforementioned card somewhere on the premises where the owner, manager, or responsible person will find it. It is imperative that every effort is made to insure that a responsible person finds out about each alarm activation. 2. If the responsible responds with keys, the officer shall take the keys and inspect the interior. Once checked clear, allow the responsible to enter to ensure that no crime has occurred. Leave a SCAT card with the responsible and secure.
9. DOCUMENTATION OF THE ALARM ACTIVATION: A call for service will be created in CAD which should include the following: A. Name and phone number of Reporting Party or alarm company name. B. Full name and full address (including suite numbers, if applicable) of the premises. C. The status of the premises when officers arrived; i.e., secure. D. The cause of the alarm activation, whenever determined. E. The responsible (individual who set off alarm) person's name and affiliation to the premises. F. On business alarms, when requested by the Police Department, indicate whether or not the alarm company was able to contact a responsible person.
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10. MULTIPLE ALARM SYSTEMS ON ONE SITE: Totally separate alarm systems at one residential or business location will be considered separate systems for purposes of logging the number of alarm activations. However, different types of alarms; i.e., robbery and burglary alarms on the same alarm system will be totaled together when logging the number of alarm activations.
11. REQUEST TO CANCEL ALARM RESPONSE: A request to cancel a police response to an alarm activation will be accepted only from an alarm/security company or alarm company monitoring service, if the proper identification code is utilized as follows: A. The employee of the aforementioned company who requests that the Police Department cancel a response should provide the CAD Event number or the company's phone number which was given by the Reporting Party on that call. B. Cancellations will not be accepted from other individuals. They need to contact their alarm company concerning cancelling any response. The alarm company has procedures to establish who should be legitimately on any premise. C. An alarm which is canceled prior to officer's arrival at the premises will not be counted as a non-criminally activated alarm call against the premises.
12. TRACKING OF FALSE ALARM AND NOTIFICATION: An Alarm Coordinator will be assigned to manage the alarm program and maintain records of all alarm calls (excluding vehicle alarms and “Lifeline” type medical alarms) and shall notify responsible parties of non-criminally activated alarms as follows: A. After 1 non-criminally activated alarm. For each false alarm recorded after 1 within a consecutive 365 day period, a fine will be imposed per Novato Municipal Code 14-18 and a invoice will be mailed to Permittee. B. Excessive non-criminally activated alarms in a consecutive 365 day period. A decision will be made, by the Chief of Police or designee, whether to revoke the Alarm Permit, place the alarm system on a “No Response” list, and/or to impose fines. Robbery and Panic Alarms are exempt from the “No Response List” but are subject to fines due to false alarms. If the Permit is revoked, a “Revocation of Alarm Permit” letter (NPD Form #20-23-6d) will be mailed to the Alarm Permittee and the alarm company indicating the alarm permit has been revoked. If the system is placed on “No Response” status, a “No Response Status” letter (NPD Form #20-23-6d) will be mailed to the Alarm Permittee and the alarm company indicating that the Police Department will no longer respond to alarm activations at that address.
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C. “Rescission of No Response Status” letter. The “No Response” status will be considered for rescission when the alarm company (or private owner of an alarm system, if not under the control of an alarm company) notifies the Alarm Coordinator in writing, explaining what caused each alarm(s) and what was done to rectify the problem(s). The volunteer will send the subscriber AND the alarm company a “Rescission of No Response Status” letter (NPD Form 20-23-6e) indicating that the subscriber has been removed from the “No Response” status, but that the client will be on “Probation” for 30 days. Should there be two or more non-criminally activated alarms within 30 days, the client will be again placed on “No Response” status. The volunteer will notify the alarm company of the rescission as soon as possible, in person or by phone, and will request the alarm company to notify their subscriber. Any outstanding alarm fees must also be paid prior to the issuance of a rescission letter. D. “No Response Alarm List” The coordinator will forward from PD811, “False Alarm Do Not Respond” to dispatch for entry into the “Premise File.” The premise information will state the alarm is on the “No Response List.” Dispatchers should check the premise file for “No Response” information.
E. “Re-issuance of Permit.” If, after investigation, and in his/her sole discretion, the Chief of Police or designated representative determines that the grounds for the prior revocation have been eliminated, or that such grounds are not likely to occur again in the future, an Alarm System Permit shall be reissued. The coordinator shall notify the Permittee and the alarm company by sending the “Alarm Permit Status” letter, (NPD Form #20-23-6h) indicating that the subscriber may apply for another Alarm Permit. Any outstanding alarm fees must also be paid prior to the issuance of a rescission letter.
1. The coordinator will update the “Permit Revocation Alarm List” (NPD Form #20-23-6i) whenever there is a change and route as follows:
F. Maintenance of Correspondence. The volunteer shall maintain copies of all alarm letters and correspondence received from alarm companies and subscribers for a period of at least one year.
14. THE ALARM VOLUNTEER WILL BE RESPONSIBLE FOR THE COORDINATION OF BILLING AND FINE COLLECTION WITH THE FINANCE DEPARTMENT:
15. SERVICES PERSONNEL RESPONSIBILITY REGARDING “NO RESPONSE” ALARM LIST: Novato Police Department shall not dispatch officers to any burglary alarm location which has been placed on the “No Response Alarm List.” The Novato Police Department will continue to respond to duress and robbery alarms.
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PROCEDURE
I-01 Novato Police Department
I01 – PUBLIC SAFETY EVACUATION ALARM
The purpose of this procedure is to provide guidance on the use of non-siren tones as a specifically designated warning to provide notification to the public of the need for immediate evacuation.
THE PUBLIC SAFETY EVACUTATION ALARM
1. The “Hi/Lo” is a non-siren sound alternating between a fixed high and a fixed low frequency. This sound does not constitute a legal siren, for use with emergency vehicles, pursuant to CCR, Title 13. This non-siren is hereafter referred to as the Public Safety Evacuation Alarm (PSEA).
2. The PSEA shall not be used for any purpose other than described in this procedure.
3. The PSEA is programmed into siren controllers of marked Patrol vehicles and is assigned to the ‘Prty’ button.
USE OF THE PUBLIC SAFETY EVACUATION ALARM
1. Upon approval from the watch commander, the PSEA will be used to alert the public of a significant and imminent threat to public safety that requires immediate evacuation.
2. Care should be taken to sound the PSEA only in areas requiring immediate evacuation.
3. Dispatch should be notified prior of the use of the PSEA and upon conclusion of the use.
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PROCEDURE
I-02 Novato Police Department
I02 – VEHICLE WHEEL LOCKING DEVICE
The purpose of this procedure is to provide direction for the usage of the vehicle wheel locking devices.
USE OF VEHICLE WHEEL LOCKING DEVICE
1. Vehicle wheel locking devices include any equipment designed specifically for the purpose of immobilizing a stationary vehicle via mechanical means. This does not include spike strips or other devices that are intended to stop or immobilize a vehicle via tire deflation.
2. Vehicle wheel locking devices are authorized, with supervisor approval, to disable a parked vehicle, located on a public highway or off-street parking facility, that reasonably presents a danger to the community or officers if not immobilized where a lawful right to tow the vehicle exists, but the act of removal may also unduly endanger the community. Towing to abate the potential danger is preferred, when authorized and conditions are favorable for safe removal.
3. Use of the vehicle wheel locking device is not authorized for the regular enforcement of parking or traffic laws.
4. Once the vehicle wheel locking device is applied, a Department approved form shall be placed on the driver’s window of the immobilized vehicle. This form (Form NPD to be determined) will include notice the vehicle is immobilized and a contact phone number to contact for removal. This notification is intended to prevent vehicle and vehicle wheel locking device damage by alerting the vehicle operator to the presence of the device and providing information for removal.
5. A photograph should be taken, using Department approved equipment to include camera, cellphone and/or body camera, that shows the device in place and the appropriate notification placed on the vehicle.
6. Dispatch shall be immediately notified of the application of the vehicle wheel locking device and the application shall be documented in an ARS/RMS incident entry.
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7. Damage to the vehicle wheel locking device shall be reported to the VMO. Damage reportedly resulting from the use of the vehicle wheel locking device will be noted in associated incident history entry in ARS/RMS. This will include information that the reporting party was provided with guidance filing a claim with the City of Novato.
8. Only personnel who have received training in the operation of this device, from Traffic Unit personnel, are permitted to install and remove the device from a vehicle as described in this procedure.
STORAGE OF THE VEHICLE WHEEL LOCKING DEVICE
1. The vehicle wheel locking device is located in the downstairs parking garage on the storage racks immediately adjacent to the Traffic Section motorcycle parking.
2. The vehicle wheel locking device will be stored in the original box, including assembly and use instructions.
3. Keys and hand crank will be kept in the possession of the personnel applying the device, or the supervisor, until removal. Ensure both items are returned and stored with the vehicle wheel locking device.
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PROCEDURE
I-03 Novato Police Department
I03 – STREET RACING/EXHIBITION RESPONSE
The purpose of this document is to provide substantive information and guidelines when responding to reports or acts of illegal street racing, exhibition of speed and/or reckless driving.
DEFINIONS
1. SPEED CONTEST; Per the California Vehicle Code, a person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device (California Vehicle Code 23109(a)). Speed contests, also commonly known as "street race," "speed race," or "drag race," threaten the well- being and safety of the public and participants. There is no requirement in this section that an officer stop both drivers engaged in a speed contest.
2. EXHIBITION OF SPEED: Exhibition of speed is a crime related to speed contests under California Vehicle Code 23109(c). Exhibition of Speed involves a driver operating a motor vehicle that accelerates, drives at a rate of speed that is dangerous and unsafe or manuvers the vehicle in any unsafe manner in order to “show off” or make an impression on someone else. An officer is not required to prove that a defendant intended to impress or “show off” to any particular person. Also, it is not required that the defendant exceeded the speed limit. Exhibition of speed can occur even if the driver simply accelerates quickly from a stopped position.
A. “Motor vehicle sideshow” means an event in which two or more persons block or impede traffic on a highway or other public place open to vehicle traffic, or access private property without the consent of the owner, operator, or agent thereof, for the purpose of performing motor vehicle stunts, motor vehicle exhibitions of speed, or reckless driving, for spectators.
3. AIDING AND ABETTING: Section (California Vehicle Code 23109 (b)&(d)), aiding and abetting, addresses and criminalizes specified behavior by spectators or non- drivers. A person shall not aid or abet a speed contest or in any manner obstruct or place a barricade or obstruction, or assist in the placing of a barricade or
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obstruction upon any highway for the purpose of facilitating a speed contest or exhibition of speed.
Aiding or abetting is proven by evidence present indicating that:
A. The perpetrator committed the crime; B. The defendant knew that the perpetrator intended to commit the crime; C. Before or during the commission of the crime, the defendant intended to aid and abet the perpetrator in committing the crime; D. The defendant’s words or conduct did in fact aid and abet the perpetrator’s commission of the crime.
Someone aids and abets a crime if he or she knows of the perpetrator’s unlawful purpose and he or she specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the perpetrators commission of that crime.
4. RECKLESS DRIVING: California Vehicle Code 23103 defines reckless driving as driving a vehicle in willful or wanton disregard for the safety of persons or property. Reckless driving can occur on public roads or in a public or private parking facility as defined in California Vehicle Code 12500(d). Reckless driving can be substantiated with only one vehicle code section violation committed by the defendant as long as;
A. The defendant drove a vehicle (on a highway/in an off street parking facility); AND; B. The defendant intentionally drove with wanton disregard for the safety of persons or property. A person acts with wanton disregard for safety when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of harm, and (2) he or she intentionally ignores that risk. The person does not, however, have to intend to cause damage.
RESPONSE CONSIDERATIONS
1. PLANNED EVENT: In the event that information becomes available that a street race or sideshow is planned to take place within the City, the on-duty supervisor should consider the following:
b. Make proper notifications to command staff. c. Review staffing levels to ensure ability to manage the incident. d. Consider Mutual Aid resources. e. Consider special assignments.
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i. High visibility special patrols at freeway or choke points. ii. Undercover officers iii. Enforcement teams f. Determine availability of tow services and ability to dedicate resources to NPD. g. Notify the Marin Auto Theft Task Force for support and expertise. h. Consider temporary road closures pursuant to California Vehicle Code 21100(e)(1). i. Assign ALPR capable vehicles to the incident. i. Consider placement of ALPR trailer
2. UNPLANNED EVENT: In the event that information is developed that indicates a street race or sideshow is taking place, or is about to take place, and there was no opportunity to pre-plan a response, the un-duty supervisor should consider the following:
A. Make proper notifications to command staff. B. Review staffing levels to ensure ability to manage the incident. C. Consider Mutual Aid resources. D. Balance the need for immediate enforcement/intervention against potential officer safety risks. i. Use of ALPR equipped vehicles to collect participant plate information for later investigation E. Consider special assignments. i. High visibility saturation patrols ii. Double unit extra patrol assignment
INVESTIGATION AND DOCUMENTATION
1. INVESTIGATION: A properly investigated reckless driving or speed contest violation, in most cases, include the following;
A. Clear observations of defendants actions B. Fleet and/or BWC video of event(s) C. Driver statements (knowledge that actions could lead to injury or death or are dangerous, the behavior was willfully performed, capabilities and modifications of associated vehicle) D. Witness statements (either passengers, spectators or disinterested parties to include other motorists or pedestrians) E. Photographs of scene, vehicles, evidence and resultant road markings F. Establish facts or circumstances present which tended to indicate the defendants actions were willful and constituted wanton disregard for public safety.
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2. DOCUMENTATION: Documentation of the incident in ARS/RMS should include the above information and a detailed description of the scene to include:
A. Date and time B. Lighting to include natural and artificial C. Proximity to involved parties and property D. Proximity to uninvolved parties and property E. Weather conditions F. Condition of the roadway and traffic controls G. Activities of participants and uninvolved persons occurring in and around the scene to include volume of traffic H. Actions of the participants upon contact
TOW AUTHORITIES
1. California law allows for removal of a vehicle operated by someone engaged in a speed contest, exhibition of speed or reckless driving.
I. California Vehicle Code 22651.6 – Driver arrested for 23109 racing, reckless or exhibition (storage) J. California Vehicle Code 23109.2(a) - Driver arrested for 23109 racing, reckless or exhibition (30 day impound) K. California Vehicle Code 22651(h)(1) – Driver arrested for any section L. California Vehicle Code 22651(p) – Driver unlicensed or suspended M. California Vehicle Code 14602.6(A) – Suspended driver (30 day impound) B. California Vehicle Code 22655.5(b) – Vehicle or component part impounded as evidence when serial or vehicle identification number removed, altered, defaced or destroyed A. Place vehicle on hold for follow up by Marin County Auto Theft Task Force. Same contact number as on call MCMCTF member.
2. Notify the Traffic Section supervisor if any vehicles are removed or impounded under the authorities listed above. The City could be held liable in cases where the defendant can prove in court that the elements were not met involving the precedent act that led to the stop of the vehicle.
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PROCEDURE
I-05 Novato Police Department
I05 – OUTER VEST CARRIER
Sworn personnel who choose to transition to the approved Outer Carrier Vest must abide by the following department guidelines and training mandates.
PURCHASE
Each sworn employee will be have the option to personally purchase an outer vest carrier. The Department will make every effort to facilitate the pruchase by working with the vendor to set up fitting dates.
AUTHORIZED OUTER VEST CARRIER/ UNIFORM
The Outer Vest Carrier authorized by the Novato Police Department is the PointBlank brand Patrol Uniform Outer Carrier Vest (Guardian model), LAPD Blue
Under the outer vest carrier, peace officers will wear one of the following shirts:
- 5.11 Tactical Rapid Response PDU shirt, navy blue long or short sleeve o http://www.511tactical.com/taclite-pdu-rapid-shirt-short-sleeve.html
- Elbeco Classic “V Series” UV1 Undervest shift, navy blue long or short sleeve o http://elbeco.com/product/uv1-undervest-shirt-short-sleeve-mens/
The shirts will have a shoulder patch and appropriate rank insignia on each sleeve. Long sleeve shirts will have service stripes. The shirt will have an embroidered badge on the left chest area with the peace officer’s name and ID number and embroidered on the right chest area.
EMBROIDERY
HeBeGB Promo- Gary Branigin 707-838-6523 [email protected]
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WEAR GUIDELINES
Duty Belt Requirement: - Duty handgun will remain on the duty belt. - TASER will remain on the duty belt, opposite of the duty handgun.
Authorized Vest Equipment: -Radio Case (Department will provide plastic case) -Double Magazine Case -Double Handcuff Case -Pepper Spray Case -ASP baton holder -Axon body worn camera holder -Utility pouch
Any exceptions to the listed authorized equipment specifications must be approved, via chain of command, prior to use.
Equipment should be placed in a position where it is easily accessed and mirror the traditional duty belt as closely as possible.
All equipment will be tested prior to deployment to insure that it can be fully accessed/deployed from varied positions (standing, kneeling and prone), and without interference from other equipment.
No equipment shall be mounted so high on the carrier as to interfere with the stock of a long-gun.
Uniform Guidelines:
The Outer Carrier Vest is authorized with the Class B and Class C uniforms. The Outer Carrier Vest will not be used with the Class A uniform.
The department issued badge will be used with the Outer Carrier Vest. An optional cloth name stripe provided by the vendor is be authorized to substitute for the metal name plate.
While on-duty, in a secure environment (police station, fire station), peace officers may take the vest off.
When not worn, the vest and all department equipment must be secured or under the direct control of an officer.
Peace officers must put the vest back on when in contact with public or in a public setting.
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When on-duty in a uniformed assignment, peace officers must always have access to their handgun, TASER, and portable radio.
Specialized Units such as Investigations and NRT are authorized to use a cloth badge and name stripe, but must be prepared to affix a badge, to the outer carrier vest, if working a patrol assignment.
The SRO will be required to wear a badge and metal name plate.
Personnel using the outer carrier vest should always have a secondary uniform available in case there is problem with the outer carrier vest.
TRAINING REQUIREMENTS
Before a peace officer is authorized to utilize the outer carrier vest, they will be required to successfully complete a defensive tactics/firearms familiarization course coordinated by the Professional Standards Bureau. The training course will ensure peace officers are proficient accessing safety equipment on the outer carrier vest.
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PROCEDURE
I-06 Novato Police Department
I06 – PORTABLE AUDIO/VIDEO AUDITING
It is the policy of the Novato Police Department to conduct administrative audits of body camera video (BWV) in order to evaluate compliance with Department policy and measure effectiveness of BWV technology systems.
Audits are not a disciplinary process.
The objective of the audits includes, but are not limited to the following:
1. Ensure compliance with agency policy, written directives and/or state and federal laws.
2. Provide the Chief of Police with information to evaluate the efficiency and effectiveness of the Department’s BWV technology.
PROCEDURE
1. During each six-month shift rotation, the supervisor shall review two (2) body worn camera videos for each patrol member and members of a uniformed specialized unit. For consistency, auditing of one video should occur no later than the end of the quarter falling on March 31, June 30, September 30 and December 31.
2. Videos should be randomly selected by conducting a records check in Mark43. The videos should be viewed on the Department’s Axon Evidence.com service. Supervisors should avoid selecting incidents where he or she was present. Supervisors are encouraged to select incidents where it would be reasonable to believe the incident should be recorded as required by policy.
3. The review process would include any reference material as needed such as CAD unit history data, RMS police reports, or personal knowledge of the officer’s activity.
4. The supervisor will check to ensure the officer appropriately activated the BWC to capture the incident on video. A correct application of the recording device should include activation prior to contact with any persons or before entry into any premises as stipulated in policy.
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5. The review process will be limited to a review of required activation per Lexipol policy 450. This procedure is not intended to be a review of video content or actions of the officer during the incident.
6. Upon completion of the review, the supervisor will record the incident reviewed and log the date/time of the video review in the BWC auditing workbook housed in the G drive within the Video Audit electronic folder. The supervisor will also post a note to the video in Evidence.com (if applicable) indicating it was reviewed administratively pursuant to this auditing procedure. The supervisor will indicate whether or not an activation occurred.
7. If during the audit process the supervisor discovers an officer not using the BWC in accordance with Policy 450, the supervisor will discuss the matter with the officer to determine the reason for failure to activate the BWC. The reason shall be noted in the BWC auditing workbook and if appropriate, documented in a performance note.
8. Upon completion of the audits during a six month rotation, the supervisor will notify their respective Lieutenant via e-mail no later than July 31st for the first rotation and January 31st for the second rotation.
9. The patrol Lieutenant managing the department’s Axon service will be responsible for reviewing the audit information and will provide an annual report to the Chief of Police, via Chain of Command, consisting of activation compliance rates by officer along with any documented corrective action taken by a supervisor or manager.
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PROCEDURE
I-07 Novato Police Department
I07 – BLUE TEAM ENTRY
SUPERVISOR RESPONSIBILITY
1. The intent of the Blue Team program is to track and evaluate use of force, pursuits, recognize employees for great work, document deficiencies and steps taken to address issue, and document citizen complaints. Other categories include citizen inquiry, audit, commendation, vehicle collision, Pitchess Motion, and IA. When there is a use of force or pursuit, it is the supervisor’s responsibility to respond to the scene as soon as practical and conduct a review regarding the circumstances of the case.
The supervisor is expected to:
a. Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine supervision contact in the normal course of duties. b. Ensure that any injured parties are examined and treated. c. When possible, separately obtain a recorded interview with the subject upon whom force was applied. The supervisor will prepare a supplemental report to the associated case. If the subject is in custody, they should be read their Miranda rights or Beheler admonishment if appropriate. If the arrestee invokes Miranda, the supervisor will attempt to obtain administrative statement specific to the use of force and document in the review. When preparing a report, do not refer to “Blue Team entry.” Instead describe as a use of force review, etc. d. Ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. Evaluate additional evidence considerations, including obtaining video taken by potential witnesses and nearby surveillance footage. e. Identify and ensure any witnesses not already included in related reports are interviewed. Interviews should be recorded and documented in the incident report. Witnesses who observed the incident from different perspectives can be valuable to evaluate the actions taken by the officers.
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Additionally, it is important to obtain statements so they don’t change in the future. f. Review and approve all related reports. Reports must include an explanation regarding the force used, but also why the force was used, i.e. officer state of mind, size of the suspect, officer safety concerns, etc. (Ensure the incident report has a “USE OF FORCE” and “PHYSICAL CONDITION” heading.) g. Have a defensive tactics instructor review the report prior to approval whenever possible. If the use of force has resulted in a significant injury, hold the report for a defensive tactics instructor and the command staff for review prior to approval. h. Determine if there is any indication that the subject may pursue civil litigation. i. Notify the respective lieutenant as soon as practical if the use of force results in significant injury, appears out of policy, or could result in significant media attention.
2. A use of force report will be completed under the following circumstances:
a. application of force causing an injury b. application of force that would lead a reasonable person to conclude the individual may have experience more than momentary discomfort. c. the individual indicates the intent to pursue civil litigation d. any application of a CED or control device (this does not include simply displaying the CED) e. any application of restraint devices other than handcuffs, such as Remote Restraint Device (BOLAWRAP), shackles, or belly chains. WRAP restraint device is not considered a use of force. f. the individual subjected to the force was rendered unconscious g. the individual was struck, kicked, or forcefully taken to the ground h. the individual alleges any of the above has occurred i. deployment of a canine resulting in bite
3. If there is a question whether or not to complete a Blue Team review, contact your immediate supervisor.
BLUE TEAM ENTRY
1. When completing the Blue Team entry, the expectation is that the supervisor will complete a short summary of the facts of the case. Significant detail is not necessary as the police report is part of the package to be reviewed during the review process. The most important part of the Blue Team review process is a critical review of the decision-making process used by officer(s) involved. After conducting interviews, review of BWV and in car video, associated evidence, and department policy, the Blue Team entry will include an opinion whether the
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actions were within policy and necessary based on the information known by the officer at the time. Any areas identified for improvement will also be documented. If within policy, explain why. If out of policy, explain why. Key words to use include:
a. Within policy b. Not Within Policy c. Necessary d. Appropriate e. Avoidable/ Un-avoidable f. Preventable/ Not Preventable g. At Fault h. Not at Fault i. Proportional
2. Document any tactical or pre-event decisions, if any, that could have been improved. Areas of improvement are not identified to criticize or second guess our officers, but are important to identify patterns improve officer safety, limit liability exposure, and improve future platoon training. The final step is documenting any training or coaching provided. This includes review of policy, case law, and departmental practices. If there is potential discipline or a pattern of behavior, contact your supervisor before providing coaching. If further training is needed, please request the training through the assigned lieutenant.
BLUE TEAM CLARIFICATION
1. If a citizen speaks to a supervisor regarding the actions of an employee, it is important to determine whether the citizen is making a “Citizen Complaint” or “Citizen Inquiry.” A citizen complaint requires a written response to the citizen and potentially the officer after an investigation has been completed. This does not necessarily mean an IA, but can simply be a review of the facts. It is important to understand whether the citizen is making a formal complaint against the employee or simply has questions about the actions taken by the employee. If the citizen has concerns about the actions of an officer, but not requesting a formal complaint, it’s appropriate to use the citizen inquiry category. Examples of a citizen inquiry include questions about the thoroughness of an investigation, interaction with the employee not in violation of a policy, a claim of innocence, or inappropriate driving. 2. If a citizen inquires with a supervisor regarding the validity of a traffic citation issued and there is no additional allegation, no need to prepare a Blue Team entry as the citizen should be referred to Traffic Court. 3. An arrest for PC 148 with no reportable use of force does not require a Blue Team entry. 4. The application of a WRAP is not a “use of force.” A Blue Team entry is only needed if there is force used during the application.
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5. If there are multiple officers on the scene of a use of force, only include the names of the officers who applied force in the Blue Team entry. Officers who are present, but do not use force do not need to be included in the Blue Team entry. Their names should be included in the incident report. 6. If a performance note is prepared as a result of a Blue Team entry, a separate entry needs to be made. 7. If involving a vehicle pursuit, upload the required CHP form into Blue Team. 8. Incident reports and the BWV shall be attached to the Blue Team entry.
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