Pearland Police Department Policy Manual

CHIEF'S PREFACE The Pearland Police Department Policy Manual is intended to provide guidance and direction on daily operations of the Police Department, functioning as a guide for both routine and unusual situations. Law enforcement is a dynamic and nuanced field and no manual could possibly anticipate the entire range of situations and contingencies with which you may be faced. This manual provides an effective guide for most cases, as well as a logical roadmap for addressing the unanticipated ones. In those cases not addressed, you are expected to use your best professional judgment and common sense as compasses for your actions. This manual is a living document and will inevitably need to be updated. Any such updates will be provided to you in as timely a manner as practical. The directives in this manual supersede all previous General Orders and Standard Operating Procedures. It is my belief that by using these polices as guides, we will enhance our service to the citizens of our city while insuring our decisions and actions are consistent with the mission and philosophy of the Pearland Police Department. As public servants, our authority is granted to us by the people. It is through transparency, a high level of training and competency, and exercising the tenets of community-oriented policing that we best serve the public who have granted us such responsibility. We should offer no less than our best in this endeavor. This manual helps standardize those efforts. Thank you for all you do, Johnny Spires Chief of Police

CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality, and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession… law enforcement.

MISSION STATEMENT City of Pearland Core Beliefs:

In an ongoing effort to guide growth while meeting the needs of its citizens, the City pledges the following Core Beliefs.

The City of Pearland is the innovative leader for delivery of quality services. We are

We anticipate and respond to the real and perceived needs of citizens.

We have a clear focus on solving problems.

We develop and maintain the trust of those we serve and those who serve with us.

We demonstrate a clear commitment to these principles through our actions.

Pearland Police Department Mission Statement:

The mission of the Pearland Police Department is to provide professional service to the community and develop citizen partnerships to work together to enforce laws, reduce fear and positively impact the quality of life in Pearland.

Table of Contents

Chief's Preface ...... 1

Code of Ethics ...... 2

Mission Statement ...... 3

Chapter 1 - Organization and Administration ...... 7 100 - ORGANIZATION ...... 8 101 - INTERNAL WRITTEN COMMUNICATIONS ...... 10

Chapter 2 - Employment ...... 15 200 - SELECTION ...... 16 201 - POLICE OFFICER FIELD TRAINING PROGRAM ...... 35 202 - TRAINING ...... 50 203 - EMPLOYEE WELLNESS ...... 54 204 - STATUS CHANGE ...... 63 205 - OVERTIME ...... 65 206 - ON CALL & CALL BACK ...... 67 207 - LEAVE REQUESTS AND ILLNESS NOTIFICATION ...... 69 208 - POLICE RELATED EXTRA DUTY EMPLOYMENT ...... 72 209 - AWARDS SYSTEM ...... 78 210 - RETIRED OFFICER IDENTIFICATION CARDS ...... 82 211 - LINE OF DUTY DEATH ...... 85

Chapter 3 - Professional Standards and Conduct ...... 93 300 - CONDUCT ...... 94 301 - DISCIPLINE ...... 105 302 - CIVIL LITIGATION CASES ...... 122

Chapter 4 - Assignments and Specialized Units ...... 126 400 - PERSONNEL ASSIGNMENTS ...... 127 401 - HONOR GUARD ...... 131 402 - CANINE OPERATIONS ...... 136 403 - BIKE PATROL ...... 163 404 - SWAT ...... 166 405 - SRO ...... 168 406 - TRAFFIC UNIT ...... 169 407 - DDACTS Unit ...... 171 408 - UNMANNED AIRCRAFT SYSTEMS - DRONES ...... 173

Chapter 5 - De-escalation, Use of Force, & Pursuits ...... 187 500 - INTERMEDIATE WEAPONS ...... 188 501 - FIREARMS ...... 193 502 - DE-ESCALATION AND USE OF FORCE ...... 202

503 - DEADLY FORCE INCIDENTS ...... 214 504 - PURSUITS ...... 225 505 - FLEET CRASHES ...... 229

Chapter 6 - Field Operations and Custody ...... 232 600 - BIAS BASED PROFILING ...... 233 601 - MAJOR INCIDENT RESPONSE ...... 239 602 - EMERGENCY RESPONSE PRIORITIES ...... 245 603 - ONLINE REPORTING ...... 248 604 - INCIDENT REPORTS ...... 250 605 - PATROL INVESTIGATIONS ...... 256 606 - TRAFFIC LAW ENFORCEMENT ...... 258 607 - ARREST PROCEDURES ...... 261 608 - PROBABLE CAUSE AFFIDAVITS ...... 265 609 - DWI ARREST PROCEDURES ...... 267 610 - ALARMS ...... 272 611 - DOMESTIC AND FAMILY DISTURBANCES ...... 276 612 - PEACE OFFICER'S EMERGENCY EVALUATION ...... 280 613 - JUVENILE PROCEDURES ...... 283 614 - SPECIAL THREAT SITUATIONS ...... 293 615 - BOMB THREATS AND SEARCHES ...... 298 616 - ACTIVE ATTACK ...... 301 617 - MISSING PERSONS ...... 304 618 - TRANSPORTATION IN POLICE VEHICLES ...... 308 619 - TOWING OF VEHICLES ...... 311 620 - COMMUNICATING WITH THE DEAF AND HARD OF HEARING . . . . . 315 621 - AGENCY SEAT BELT USE ...... 318 622 - CROWD MANAGEMENT AND CONTROL ...... 320 623 - LIFE FLIGHT ...... 327

Chapter 7 - Investigative Operations ...... 329 700 - EVIDENCE AND PROPERTY ...... 330 701 - LABORATORY ...... 340 702 - CRIME VICTIM'S COMPENSATION ...... 343 703 - EYEWITNESS IDENTIFICATION ...... 347 704 - CONFIDENTIAL FUND MONIES ...... 363 705 - COOPERATING INDIVIDUALS ...... 365 706 - DEATH INVESTIGATIONS ...... 368 707 - EXECUTING SEARCH WARRANTS ...... 371

Chapter 8 - Communications ...... 383 800 - COMMUNICATIONS ...... 384 801 - TCIC / TLETS SYSTEM USAGE ...... 435

Chapter 9 - Jail Operations ...... 449 900 - JAIL PROCEDURES ...... 450

Chapter 10 - Animal Services ...... 457 1000 - IMPOUNDING CRUELLY TREATED ANIMALS ...... 458 1001 - EUTHANASIA ...... 460

Chapter 11 - Equipment, Facilities, & Financial ...... 464 1100 - UNIFORM AND APPAREL ...... 465 1101 - POLICE UTILITY KNIFE ...... 479 1102 - VIDEO CAMERAS ...... 481 1103 - VEHICLE INSPECTION AND OPERATION ...... 488 1104 - PUBLIC SAFETY BUILDING SECURITY ...... 494 1105 - BULLETIN BOARDS ...... 498 1106 - RECORDING SYSTEM ...... 500 1107 - TELEPHONE USE ...... 501 1108 - BUDGETING AND REQUISITION OF GOODS OR SERVICES . . . . . 503 1109 - CASH AND PAYMENT HANDLING ...... 507 1110 - STEP GRANTS ...... 510

Chapter 12 - General Policies ...... 512 1200 - MEDIA POLICY ...... 513 1201 - PUBLIC INFORMATION ACT ...... 518 1202 - INFORMATION AND IT SECURITY ...... 522 1203 - CHAPLAINS PROGRAM ...... 525

Attachments ...... 530 Cash Bond Form.pdf ...... 541 Applicant Driver Scoresheet.pdf ...... 542 City Report of Damage or Loss.pdf ...... 545 Internal Affairs Complaint Form.pdf ...... 548 Subject Employee Interview.pdf ...... 556 First Report of Injury of Illness.pdf ...... 559 Cashier Deposit Form.pdf ...... 560 PPD Memo Form.pdf ...... 571

Chapter 1 - Organization and Administration

ORGANIZATION

100.1 PURPOSE This policy identifies the Pearland Police Department’s Command Structure for classified employees and personnel distribution.

100.2 DEFINITIONS None

100.3 PROCEDURES

100.3.1 ORGANIZING RESPONSIBILITY 1. The Chief of Police is responsible for the efficient organization of the department in accordance with the resources of personnel and materials provided to the Police Department by the City Council through the budgetary process. 2. The Chain of Command is established for the efficient operation of the department. The chain flows from the lowest rank/position upwards to the top rank or position. The department’s chain of command is as follows: (a) Patrolman/Detective (b) Sergeant (c) Lieutenant (d) Captain (e) Assistant Chief (f) Chief of Police

100.3.2 COMMAND AND SUPERVISORY RESPONSIBILITY 1. Each supervisor is responsible for assuring that the subordinates assigned within their line of authority perform their duties and tasks in a manner that meets the expectations of the Chief of Police and is consistent with Department goals, policies and rules. 2. The Chain of Command will be followed to insure that official information is routed to and from the Chief through each level of supervision.

100.3.3 ORGANIZATIONAL CHART 1. The Organizational Chart depicts the pictorial arrangement of the Department necessary for defining clear lines of authority and areas of functional responsibilities. The most current Organizational Chart shall be updated at the direction of the Chief of Police and posted on the department server, accessible to all members. 2. The latest Organizational Chart will be posted on the department intranet server for review.

ORGANIZATION

100.3.4 FUNCTIONAL ASSIGNMENTS 1. Each functional area is described independently of this policy. The Division Commanders will be responsible for the functional area assigned under their command. 2. The Chief of Police shall establish staffing standards for all essential personnel positions based upon manpower levels and the demand for police services. (a) These standards may change during emergencies, such as natural disasters, major incidents, etc. (b) Unforeseen events, which reduce the manpower levels below standards, create a safety concern for working personnel and for the citizens of the City of Pearland. These events constitute emergencies, which may require the summoning of additional manpower. (c) Unforeseen events, which cause an unusual demand on current manpower, create a safety concern for working personnel and for the citizens of the City of Pearland. These events constitute emergencies, which may require the summoning of additional manpower. 3. Supervisors shall act to insure that sufficient personnel are on-hand to meet the standards of the Chief of Police in responding to emergency situations. Supervisors may accomplish this goal by summoning or retaining sufficient personnel, as needed, to respond to those emergencies.

100.3.5 PERSONNEL ASSIGNMENTS 1. All personnel assignments are made by the Chief of Police. When assignments are made, functional areas of responsibility will be reviewed with the individuals involved by the appropriate supervisory personnel.

INTERNAL WRITTEN COMMUNICATIONS

101.1 PURPOSE The purpose of this policy is to define and establish a procedure for the creation, distribution and implementation of operational policies, procedures and internal communications.

101.2 DEFINITIONS A. Administrative Memorandum - Written communications issued from the Chief or from other Command Staff as authorized by the Chief. The contents usually concern a specific circumstance or situation of concern to individual members and may be of temporary duration. Administrative Memorandum generally do not address policy matters. An Administrative Memoranda may be issued as interim amendments to Policy changes. B. Policies - Directives that pertain to established policy and procedure for the indefinite future. The following are examples of departmental Policies: 1. Established procedures, policies or rules. 2. Established organizational changes. 3. Established personnel policies and procedures including recruiting, hiring, training and/or promotion policies. 4. Use of equipment and expenditure of funds. C. Memorandum - A written communication from any member directed to another regarding a request, a response to a directive or a concern. D. Special Order - A directive that clarifies or enhances an existing Policy. E. Procedure - Instructional procedures established to give members specific instructions on specific topics. Procedures act as guidelines for members’ activity with regard to handling specific tasks. F. Written Directives -These directives are used to guide and direct the efforts and purpose of the Pearland Police Department. G. Email – Electronic mail message transmitted from any member via the City of Pearland messaging server directed to another regarding a request, a response to a directive or a concern.

101.3 PROCEDURES

101.3.1 ISSUING AUTHORITY 1. Departmental Policies and Procedures are issued only by the Chief of Police whose signature validates the policy. 2. Special Orders are issued by the Chief of Police, or with his approval.

INTERNAL WRITTEN COMMUNICATIONS

3. Any member desiring to issue a Directive must draft and forward the Directive to the Chief of Police or the Assistant Chief of the affected command for approval. (a) If approved, the Order is issued at the direction of the Chief of Police or the Assistant Chief reviewing the Order. (b) A copy will be maintained in an Administrative Memo file by the Chief of Police. 4. Administrative Memorandum may be prepared by the Chief of Police, Assistant Chief, or Division Commander and issued at the direction of the Chief of Police. (a) Members holding a rank subordinate to those listed above and desiring to develop an Administrative Memorandum must prepare a draft and forward it to the Chief or Assistant Chief of the effected command for study and assignment of an appropriate consecutive number. (b) All Administrative Memorandums will be forwarded to the Chief of Police for approval before being issued to department personnel. (c) Administrative Memorandums will be numbered consecutively and a copy will be maintained in the Administrative Memo file by the Chief of Police.

101.3.2 DISTRIBUTION 1. Departmental Policies and Procedures shall be posted on the department intranet server and will be available for study. Members shall be responsible for familiarizing themselves with these directives. 2. Members may be issued individual copies of Written Orders and memorandums affecting them, however, most Administrative Memorandums will be placed in the Administrative Memorandum Book in the squad room. Members will be held responsible for knowledge of and compliance with the contents of such Orders, Operating Procedures, and Memorandums. 3. Each Written Directive will contain certain distribution information depending on the nature of the Directive. Example distribution: (a) Chief of Police (b) Division Commanders (c) Police Personnel (d) Master File 4. This Order is not intended to preclude interdepartmental communications for routine exchange of information.

101.3.3 GENERAL PREPARATION 1. Orders issued at any level of Command shall not conflict with established policy or procedures directed by a higher authority. 2. Whenever applicable, all Directives will carry notations directing attention to other published documents which are related.

INTERNAL WRITTEN COMMUNICATIONS

3. A Directive, which rescinds or supersedes other Orders, Rules, Memorandums, etc., will carry the identifying notations necessary to connect them. (Order number, Rules number, etc.) 4. Directives should be stated in precise and positive terms and be grammatically correct.

101.3.4 MAINTENANCE 1. Departmental Polices and Procedures, and Administrative Memoranda shall be numbered consecutively in order of release. Example: (a) 101 Internal Written Comminications, 200 Selection, 201 Field Officer Training Program, etc. (b) Adm. Memoranda - AM 98-01 2. The Chief of Police will maintain a central record of assigned numbers upon receipt of written directives and will maintain a master file of all orders, procedures, and memorandums.

101.3.5 MEMORANDUM PROCEDURES 1. Memorandums will be prepared in a format that includes the following: (a) Date (b) Addressee's name, rank, and division (c) Sender's name, rank, and division (d) Chain of command personnel between the sender and addressee (e) Subject 2. Members shall submit two copies of a memorandum: The first will be the original copy of the memorandum to forward through the chain of command. The second shall be a copy of the memorandum that shall go directly to whom it was directed. Members should retain a copy of the original sent memorandum for their personal files. 3. Upward Communication Process (a) Each supervisor between the writer and the person to whom the memorandum is written shall read, review, and sign the memorandum. Signature of a supervisor in the Chain of Command shall signify knowledge of the contents of the memorandum, and his/her agreement with the same. (b) Each supervisor between the writer and the person to whom the memorandum is written may be required to add an attachment to the memorandum containing concurrent information, dissenting information, additional information or suggestions. If the supervisor concurs with the memorandum as written, he need only sign the memorandum and send it on. (c) Each supervisor between the writer and the person to whom the memorandum is written keeps it only long enough to read, review, and suggest any change. It shall then be signed and sent on, or an attachment made and then sent to the next person in the Chain of Command.

INTERNAL WRITTEN COMMUNICATIONS

(d) A memo may bypass a person in the Chain of Command if the bypassed person’s anticipated absence from duty exceeds three (3) working days. 1. In the event of such an absence, it will be the responsibility of the member immediately below the affected position to leave a copy of the memorandum for the absent member’s file. 2. The member immediately below the affected position shall note the absence on the original memorandum and forward it to the succeeding member. (e) Under no circumstances will a supervisor refuse or neglect to forward a correspondence to the addressee as directed by the originating party. (f) Informal correspondence directed from a lower ranking member to a higher-ranking member may be transmitted via departmental email. Such correspondence shall be forwarded through the chain of command in the same manner as written memorandum. (g) PPD Memo Form 4. Downward Communications (a) The downward flow of information shall be completed without delay. Concurrences by supervisors are not necessary on the downward flow. (b) The person to whom the memo is written shall send a written notice of action via the Chain of Command to the sender within a required period of time from its initiation. (Usually 14 days, unless extenuating circumstances exist, or directed to meet other suspense dates). (c) If the member to whom the memo is directed is absent for an unacceptable amount of time the sender shall be informed of this fact promptly by the member's supervisor.

101.3.6 CANCELLATIONS AND AMENDMENTS 1. All Written Directives which are not self-canceling should be reviewed by the Chief or his designee on a bi-annual basis to determine if: (a) They should be canceled. (b) They should be revised. (c) They should continue in their present form. 2. The authority to cancel or amend Directives is restricted to those whom are authorized to issue them. The number of a canceled Order will not be reassigned. 3. Written Directives shall only be amended by written directives of the same classification. For example, a new Policy amends a Policy, not a memorandum. 4. New Policies will indicate amendments or deletions.

INTERNAL WRITTEN COMMUNICATIONS

5. Each member shall be required to sign an acknowledging receipt for the revised material and return the receipt to his supervisor for forwarding to the Chief of Police. This must be done within 3 working days of receipt.

Chapter 2 - Employment

SELECTION

200.1 PURPOSE The purpose of this directive is to provide direction for the selection of quality police department employees on an equal basis without regard of race, sex, or religion. This procedure is not intended to discriminate against an individual with a disability unless said person is not able to perform the job, or the department is unable to reasonably accommodate the disability of the individual.

200.2 DEFINITIONS Contained within

200.3 PROCEDURES

200.3.1 CLASSIFIED PERSONNEL 1. Process (a) Review and make certain applicant passed all preliminary testing that includes the civil service exam, and physical agility test. (b) Review basic requirements to make sure applicant meets all preliminary criteria. Review and make certain all application forms are complete. (c) Polygraph examination. (d) Assign and conduct background investigation. Background Investigator recommendation needed to continue. (e) Interview Board Recommendation. (f) Forward to Civil Service Director for scheduling of physical examination, psychological evaluation, and drug screen test. (g) Completion of TCOLE licensing paperwork. (h) Probationary Period. 2. Age (a) Applicant must be eligible for licensing as a peace officer by TCOLE at the time of employment. No application will be accepted from applicants who already are, or who will be, 45 years of age prior to the date of employment. (b) Applicant may be eligible at the age of 18 if: 1. The applicant has completed 60 hours of college; or 2. The applicant has completed two years in the United States military with an honorable discharge. (c) Applicants meeting eligibility under the listed exceptions must meet all other eligibility requirements.

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3. Physical Agility Test (P.A.T) (a) Applicants must pass all phases of a physical agility test before a background investigation is conducted. (b) The test is designed to evaluate the applicant’s ability to perform some of the most common physical demands of a police officer’s duties that require a degree of strength, endurance, and agility. Ample time is allotted to all applicants to “warm up” prior to testing, and there is a minimum two (2) minute rest period between events. 1. Obstacle Course: Simulation of foot pursuit/reaching a person in danger. There will be an 800 foot course, with applicant being required to make a 5'3" running jump, pass over a 6"0" wooden fence and hurdle a 3'6" barricade. Qualifying Maximum Time: 60 seconds or less. 2. Body Transport: Simulation of activity necessary to move an unconscious person to a place of safety. Required to move a life size “dummy” of approximately one hundred seventy (170) pounds in weight, a distance of seventy-five (75) feet. Qualifying Maximum Time: Thirty (30) seconds. 3. Vehicle Push: Test ability to bodily move a disable vehicle from a traffic lane. Push a mid-sized motor vehicle a distance of thirty (30) feet. Qualifying Maximum Time: Twenty (20) seconds. 4. Stairway Run: Test physical ability to transverse a stairway, ascent and descend a flight of stairs (approx. 20 steps), a total of three (3) times. Qualifying Maximum Time: Thirty (30) seconds. 5. Quarter Mile Run: Simulation of a long distance foot pursuit. Run one quarter (1/4) mile including turns. Qualifying Maximum Time: Two (2) minutes. (c) Disqualification : Applicant must complete each timed event as quickly as possible, and shall be scored on a pass/fail basis. A maximum of three (3) attempts to perform each section of the Agility Test shall be permitted. An applicant failing to successfully transverse any obstacle, perform any task, or complete any event of this test in the allotted time, within the maximum permissible number of test attempts shall be disqualified. 4. Educational Requirement (a) Applicants for the position of police officer are required to have thirty (30) or more semester hours of college credit with a 2.0 or higher cumulative grade point average at an accredited college or university. (b) College Credit for the Basic Peace Officer Course can apply toward the thirty-hour college requirement if the hours are from an accredited college or university. (c) Applicants holding a Basic Peace Officer Certificate from TCOLE are only required to provide 15 hours of college with a minimum 2.0 GPA.

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(d) College Credit is waived for applicants holding an Intermediate Peace Officer Certificate from TCOLE. (e) College Credit is waived for applicants with an Honorable Discharge after a minimum of two years of military service as reflected on a DD214. 5. Citizenship (a) Applicant must be a citizen of the United States of America at the time of licensing. Applicant must have resided in this country for a period of not less than 10 years in order to establish residency and character references verifiable in a thorough personal history statement investigation. Disqualification : Temporary until criteria are met. 6. Driver's License and Driving History Requirements (a) Applicants shall have a valid driver’s license from their state of residence and, if not a Texas resident, an applicant shall have a valid Texas Driver’s license prior to the beginning of Field Training. Disqualification : Temporary until selection criteria are met. (b) Applicant’s driving record must reflect a history of prudence and maturity in operating motor vehicles. Evidence of this will be reflected in the applicant’s driving record for the three years immediately preceding the date of application and pass the point assignment established by the City’s Human Resource Director’s evaluation test. (i.e. no established pattern of at fault accidents; no petitions for license suspensions, etc.) Method of evaluation: 1. Determine the point value of each category of the Applicant Driver evaluation sheet (attached). 2. Total the assigned point values to determine the final driver evaluation score. 3. Determine if the driver evaluation score meets the City of Pearland standards. A driver evaluation score in excess of 6 is not acceptable. 4. Attach D.P.S. Motor Vehicle Record Check. 5. Attach to application and/or file in personnel file. 6. Applicant Driver Scoresheet : Disqualification: One year from date of disqualification of application with no evidence of moving violations or suspensions. (c) Applicants shall not be in danger of having their driver’s license suspended or revoked, or have been convicted of more than two (2) moving traffic violations in the 12 month period preceding the date of application. Disqualification : Temporary until criteria are met. (d) Applicants who have been convicted of a restriction code violation or no insurance violations within the 12 month period preceding the date of application shall be disqualified. Disqualification : One year from date of disqualification of

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application AND after providing evidence indicating the applicant has no action pending by the Department of Motor Vehicles. 7. Military History (a) Applicants shall not be disqualified based upon military re-enlistment codes. (b) Applicants who are veterans must not have been convicted in any court martial higher than a Summary. (c) Applicants who are veterans must have an Honorable Discharge, free from any conditions. (d) Applicants who were rejected or discharged from the military for medical reasons or received a disability compensation must furnish the Recruiting Division with all available military records, as well as a recent medical evaluation of the medical condition causing the discharge or disability. (e) This full documentation will be evaluated by Recruiting Division personnel and the City Physician to determine if the medical condition is of such a nature that the applicant does not meet the medical standards as determined by the City physician. Disqualification : Permanent (f) Any military arrest or conviction according to the Uniform Code of Military Justice will be considered in the same manner as a civilian arrest or conviction. (g) Disqualification : Disqualification shall be governed by the terms of selection under “Criminal Behavior”, subsection 11. 8. Contradictory Information (a) Asserted contradictory information may serve as a ground for disqualification, or may be given appropriate weight in the decision to reject or to approve an applicant. When the asserted contradiction is restricted to information supplied by the applicant, or to admissions of the applicant, the applicant shall be advised of the asserted contradiction, and be given a fair and equitable opportunity to explain. (b) Where the asserted contradiction is based upon information supplied from a third person under assurances of confidentiality, the degree of specificity and detail provided the applicant shall be as much as can be reasonably be provided without disclosing or jeopardizing the source of the confidential information. (c) Applicants may be disqualified for dishonesty, serious distortions or purposeful omissions during the selection process. (d) It is understood that rejections under such circumstances shall be supported by complete written documentation of the underlying facts and rationale and approved by a Background Investigator. In the decision making process, the Background Investigator will consider the gravity of the situation, whether the applicant should have known about the information, and how critical the area of concern is. (e) Disqualification : In those cases in which the applicant intentionally falsified, inaccurately reported, or withheld information, he/she felt would disqualify his/

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her application, he/she shall be permanently rejected. All other cases involving contradictory information will result in a rejection of the application for one year from the date of disqualification. 9. Unlawful Sexual Activity (a) Applicants shall be disqualified for an admission or prior conviction of unlawful sexual activity. Consensual sexual activity, which is clearly unlawful, shall also result in the disqualification of the application. (b) Disqualification : Disqualification shall be governed by the terms of section on “Criminal Behavior”, subsection 11. 10. Credit and Financial Responsibility (a) If at the time of application the applicant had debts, other than for medical or hospital services which were past due by at least 90 days; or (b) If at the time of the application the applicant had experienced at least two collection actions - either accounts placed for collection with a collection agency or lawsuits filed - within 24 months immediately preceding the application; and (c) If there exists no pattern of applicant conduct evidencing efforts by the applicant to defraud his/her creditors the applicant shall be temporarily disqualified until selection criteria are met. Disqualification : Temporary until criteria are met. (d) If there exist a pattern of applicant conduct evidencing efforts by the applicant to defraud his/her creditors; or (e) If the applicant’s cashing of worthless checks was in a number (or under circumstances) demonstrating either serious financial irresponsibility or an attempt to defraud the applicant shall be disqualified for one year from date of final incident. Disqualification: One year from date of disqualification of application. (f) Applicants who have declared bankruptcy within a 24-month period prior to the date of application must demonstrate a 12-month period of re-establishment of credit. Before being considered, the applicant must provide letters from three (3) creditors recognized by the local Better Business Bureau and the local Credit Bureau, indicating that credit has been established since the filing of bankruptcy or indicating that the creditor would be willing to establish credit. Disqualification : Temporary until criteria are met. (g) An applicant shall not be accepted until such a time as necessary actions have been taken to render the applicant current (according to original contract arrangements/terms) in his/her debts or financial obligations, and the applicant shall be so informed at the time of his/her interview. Identity Theft will be evaluated on a case-by-case basis. 11. Criminal Behavior - Criminal behavior on the part of the applicant, whether the applicant was convicted or he/she admits to the behavior, past or current, will be examined very closely. It should be understood criminal behavior may result in disqualification. In some cases, the criminal behavior will result in temporary disqualification; in other cases disqualification will be permanent.

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(a) General Provisions 1. Applicant shall be fingerprinted and be subject to a search of local, state and national records and fingerprint files to disclose any criminal record. 2. Applicant shall not be on probation for a criminal offense at the time of his/ her application. 3. Applicants shall not have ever executed a confession to a felony offense, such a confession being admissible as evidence against the person in any criminal proceeding in any state or federal court. 4. Applicant shall not be under indictment for a felony offense at the time of his/her application. 5. The current State of Texas Statutes will determine whether, because of the applicant’s admission, a crime was committed and if the statute of limitation is still in effect. (b) Juvenile Criminal Behavior - Juvenile criminal behavior, identified by a record or convictions or admissions, may be considered disqualifying and accorded appropriate weight, depending upon the relevant surrounding facts and circumstances. An applicant will be disqualified if: 1. As a juvenile, the applicant committed a felony for which the applicant was tried and convicted as an adult; 2. As a juvenile, the applicant committed a crime involving the infliction of or attempt to inflict serious bodily injury on another person; attempt to commit or the commission of a sexual assault upon another person; or a crime that involved the use of a deadly or prohibited weapon; or 3. As a juvenile, the applicant displayed a pattern of criminal activity or behavior (as evidenced and supported by police reports) suggesting that the applicant is unsuitable for employment as a police officer. 4. Juvenile thefts will be assessed in the same manner as adult thefts. (c) Adult Criminal Behavior - Adult criminal behavior, identified by a record of convictions or admissions, will be disqualifying under the following conditions: 1. Convictions (a) Felony - For the purposes of this section, a person is convicted of a felony when an adjudication of guilt on a felony offense is entered against the person by a court of competent jurisdiction. This includes: i. A conviction for a felony offense as defined by Texas Civil Statutes, Article 4412 (29a), Section 8A (c); ii. A felony conviction that is subsequently probated and the person is discharged from probation; iii. The applicant received deferred adjudication or similar judicial processing for a felony conviction; and

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iv. A pardon for a felony conviction unless the pardon is expressly granted for subsequent proof of innocence. v. Disqualification: Permanent (b) Misdemeanor i. Applicants convicted of Class A and/or Class B Misdemeanor(s) shall be disqualified for ten years from the date of adjudication or completion of sentence, whichever is later. ii. Applicant shall not have been convicted of the offense of Driving While Intoxicated or Driving Under the Influence of Drugs within ten years from the date of application. iii. Applicants convicted of Class C Misdemeanor(s) are generally not disqualified. Accumulations and recency of pending court matters will be taken into consideration and may be cause for temporary disqualification. Convictions of non-traffic Class C Misdemeanor(s) related to the applicant's employment as a police officer with another agency will be disqualifying. iv. Disqualification: Temporary until criteria is met. (c) Family Violence convictions will be permanent disqualifiers. 2. Disqualification Time for Criminal Admissions (a) Felony Admissions i. Permanent disqualification for all first and second-degree felonies. ii. Ten years from date of the commission of the following: Theft of any estate, real, personal or mixed, by an executor, administrator, guardian, or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate; Forgery or uttering, using or passing of forged instruments. iii. Five years from date of the commission of the offense felony theft. iv. Three years from the date of the commission of the offense for all other felonies. (b) Misdemeanor admissions i. Two years after the date of commission for all Misdemeanor Class A and Class B offenses. ii. Applicants admitting to Misdemeanor Class C offenses are generally not disqualified.

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iii. Admissions of misdemeanors related to prohibited conduct by a police officer or public servant will result in permanent disqualification. iv. Four Class C theft admissions occurring within the past three years will result in permanent disqualification. (c) Admissions of Criminal Attempt, Criminal Conspiracy, and Criminal Solicitation i. The disqualification period for criminal attempt is the same as that of the offense attempted. ii. The disqualification period for criminal conspiracy is the same as that of the most serious offense that is the object of conspiracy. iii. The disqualification period for criminal solicitation is the same as that of the felony solicited. (d) Pre-trial Diversion i. Felony Pre-Trial Diversion is a permanent disqualifier. ii. For Misdemeanor Pre-Trial Diversion the applicant may apply five-years after completion of court-ordered classes and/or probation. (e) Family Violence Admissions will be considered on an individual basis as to the severity of the offense; however, Family Violence admissions involving bodily injury or the use of weapons will result in permanent disqualification. (f) Expunged criminal cases will be treated as admissions upon disclosure by the applicant. 3. Evidenced Criminal Activity - Criminal activity that is discovered and confirmed through background investigation, regardless of admission by the applicant shall be considered in the same manner as a criminal admission. 4. Criminal Behavior by the Applicant’s Family, Relatives or Friends - Evidence of crimes committed by members of an applicant’s family, an applicant’s relatives, or friends shall not serve as grounds for disqualification except where the applicant is living with or is substantially under the influence of such family member, relative or friend, or where the applicant’s relationship with such family members, relatives or friends will adversely affect the applicant’s ability to uniformly enforce the law. Disqualification: Temporary until criteria are met. (d) Decisions to accept or reject applicants under this section will consider: 1. The severity of the crime - as a general rule, applicants should not be rejected for criminal behavior on the part of family members, relatives, or

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friends that would not have resulted in rejection of the applicant had he or she engaged in the same behavior. 2. The frequency or recency of the crime - consideration will be given to how often family members, relatives or friends violate the law and when the last incident occurred, and 3. Whether or not the criminal conduct is ongoing - a clear pattern of continued violations of the law on the part of family members, relatives, or friends of an applicant may be grounds for disqualification. 4. In any instance where an applicant living with any such family member, relative, or friend would serve as a disqualifying factor, the applicant shall be so advised and instructed that he or she may be further considered for employment if he or she moves or otherwise terminates the living arrangement in question. 5. It is not the intent of this policy to prohibit normal visitation and interaction among family members and relatives. However, if the commission of such crimes would result in the rejection of the applicant had he/she committed them and if the applicant continued to associate with such family, relatives, or friends in spite of having prior knowledge of such individuals' criminal activity, applicant will be instructed that he/she will be reconsidered if he/ she discontinues the association in question. Re-application will only be considered after a period of six months has elapsed. Disqualification: Temporary until criteria are met. 12. Narcotics and Alcohol Usage (a) Marihuana and Synthetic Derivatives Use – The guidelines to be followed by police background investigators with regard to the selection and rejection criteria for police applicants will be the following: 1. The applicant’s view on the adequacy or the liberalization of existing marihuana legislation shall not serve as a basis for rejection or approval. 2. The extent to which the applicant used marihuana or any of its synthetic derivatives in his/her lifetime will be used to evaluate the overall desirability of the applicant for police work. This decision will be based on the marihuana usage format outlined below. 3. Any applicant who has used marihuana or any of its synthetic derivatives with two (2) years preceding the date of application, or during the hiring process will be disqualified for a period of one year from date of disqualification. He/she will be reconsidered at the end of this one-year period if he/she hasn’t used marihuana or any of its synthetic derivatives for a 2-year period. 4. Any applicant who has used marihuana or any of its synthetic derivatives beyond two (2) years preceding the date of application, will be evaluated on a case-by-case basis by the interview panel.

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(b) Alcohol Use - Alcohol consumption and disqualification shall be judged in the following manner: 1. Background investigators may reject applicants whose use of alcohol adversely affects job performance or conduct. 2. Rejections for abuse of alcohol not based on above may be made by a qualified psychologist. 3. Background investigators will make a decision of disqualification based upon alcohol consumption which has resulted in the applicant’s conviction for a criminal offense. (See subsection 11 “Criminal Behavior” for specific decision strategy). 4. Admissions of criminal activity related to alcohol shall result in a disqualification of the applicant for the remainder of any statute of limitations for that offense. (c) Other Drug Use - The applicant will be disqualified for prior use of drugs other than marihuana and alcohol. This decision will be based on the frequency of prior use and the severity of the drug in question. Severity of the drug will be assessed in accordance with the Texas Controlled Substance Act (Art. 4475-15). Subchapter 4 (Section 4.02) list four penalty groups according to their severity. The decision strategies for disqualification within each penalty group are as follows: 1. Penalty Group 1 - Any applicant who has ever used a controlled substance within this penalty group shall be permanently disqualified. 2. Penalty Group 2 - Any applicant who has one isolated experience with any one of the controlled substances within this penalty group will be considered for further investigation. However, this experience must not have been within five years immediately preceding his/her application. If such use has occurred within this five-year period, the applicant will be disqualified for a length of time which will establish a five year period between the experience and the date of reconsideration. Disqualification – Any applicant who has used any one controlled substance within this penalty group more than once or who has used two or more of these controlled substances will be permanently disqualified. 3. Penalty Groups 3 and 4 - Any applicant who has used any one or any combination of controlled substances within these penalty groups no more than ten times will be considered for further investigation. That is, one’s prior use of any one of these substances will be summed across all such substances and the total cannot exceed ten. Disqualification – The most recent incident of use must not have been within three years preceding his/her application. If such use has taken place during this period, the applicant will be disqualified for a length of time which for a length of time which will establish a three year period between the most recent incident of use and the date of reconsideration

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4. Any applicant who has exceeded the limit of ten prior uses of any one or any combination of controlled substances within these penalty groups will be permanently disqualified. (d) Dangerous Drugs/Prescription Drugs/Steroids 1. The use of another’s non-narcotic prescription medication is not an automatic disqualifier and will be evaluated on a case-by-case basis. 2. The use of non-prescribed steroids will be a two-year disqualification. 3. The use of controlled substance prescriptions will be handled in accordance with penalty groups outlined above. (e) Furnishing or Selling of any controlled substances or drugs, including marihuana or synthetic derivatives - Admission or discovery of illegal manufacture, delivery, sale, possession with intent to sell or delivery of any controlled substance including marihuana or its synthetic derivatives will be a permanent disqualifier. (f) Permitting the use and/or association with the Use of Controlled Substances. 1. A distinction will be made between (a) residing with a household where the use and/or sale of controlled substances has or is taking place, (b) close association with individuals (e.g. family, relatives, friends) who either sell and/or frequently use controlled substances, and (c) casual social situations where controlled substances are being used. The present policy will speak to situations of Drug Use only. 2. An applicant will be regarded has having permitted the use of and/or associated with the use of controlled substances if he/she could have exercised reasonable control over (a) being placed in a casual social situation where such use is taking place or (b) being able to extricate himself/herself from a casual social situation in which such use is taking place. Factors to consider in determining reasonable control are as follows: (a) Power to terminate the use of controlled substances within any given casual social situation if the use takes place within applicant’s place of residence and/or vehicle and (b) if the applicant has organized the social gathering (b) Power to extricate oneself from the social situation (a) if the applicant had control over the means of transportation as in ownership of the vehicle and if the applicant is within walking distance of his/her place of residence. An applicant who is obligated to remain in such a social situation because it was organized on his/her behalf will be regarded as not possessing the power to extricate even if it is physically possible as in examples (a) and, (c) Prior knowledge of the use of controlled substances within any given casual social situation. The prior knowledge must have been (a) conclusive enough for the applicant to be certain that such use would

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take place and (b) timely enough for the applicant to have avoided the social situation. (g) The guidelines for selection and for the nature of any applicant’s rejection will depend on the frequency with which the applicant has permitted and/or associated with the use of controlled substances and the severity of the drug in question. These guidelines are as follows: 1. Penalty Group 1 - Any applicant who has not permitted and/or associated with the use of controlled substances within this penalty group during the two-year period preceding his/her application will be considered for further investigation. 2. If there have been one or more incidents involving Penalty Group 1 drugs, the applicant will be disqualified for two years from the date of the most recent occurrence. The applicant will be reconsidered if and only if there are no such incidents within this two year period. Such an occurrence will result in permanent disqualification. 3. Penalty Groups 2, 3, and 4 - Any applicant who has not permitted or associated with the use of controlled substances within these penalty groups during the one year period preceding his/her application will be considered for further investigation. 4. If there have been one or more such incidents involving Penalty Group 2-4 drugs, the applicant will be disqualified for a minimum of six months from the date of disqualification or for one year from the date of the most recent occurrence, depending on which period is longest. The applicant will be reconsidered if and only if no such circumstances have taken place during this period of disqualification. If such an occurrence has taken place, the applicant will be disqualified for two years from the date of this second disqualification. If another occurrence takes place during this second period of disqualification, the applicant will be permanently disqualified. 5. Marihuana - Any applicant who has not permitted the use of and/ or associated with the use of marihuana during the six-month period preceding his/her application will be considered for further investigation. (a) If there has been one such incident involving marihuana during this six-month period, but not within a 90 day period immediately preceding his/her application, the applicant will be considered for further investigation. (b) If there has been more than one incident, or if one incident has taken place within the specified 90 day period, the applicant will be disqualified for a period of six months from the date of disqualification. If another occurrence takes place during this six- month period, the applicant will be disqualified for a period of one year from the date of this second disqualification. (c) If another incident takes place during this one-year period, the applicant will be disqualified for two years from the date of this

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third disqualification. If another incident takes place during this third period of disqualification, the applicant will be permanently disqualified. 13. Employment History (a) Substantial Unemployment 1. Background investigators will consider periods of unemployment in determining the stability of an applicant. For each period of unemployment the investigator should consider: (a) Length of unemployment. (b) Reasons for leaving employment. (c) Effort in finding new employment. (d) Manner of support in periods of unemployment. (e) Whether or not unemployment is due to seasonal work or inherent with the industry. 2. Applicants showing a history of repeated unemployment should not be eliminated on this basis alone; however, this information should be considered when making a recommendation for employment. (b) Employment References 1. A negative employment reference from an employer with whom the applicant’s employment ended more than five years prior to the date of the application shall not by itself serve as grounds for disqualification, unless (a) the applicant has been substantially unemployed for the referenced five year period, or (b) the applicant was previously employed as a peace officer. With respect to employment within the five-year period prior to the applicant’s application, the following provisions shall be applicable. 2. Derogatory and negative information shall be relied upon only where the standard used by the employer for the performance and conduct of the applicant in question are specified (e.g. reliance shall not be placed upon a reference stating that an applicant’s attendance was “poor” without stating the number of days the applicant was absent or tardy during the stated period, or the level of attendance problems necessary before the employer would consider an employee’s attendance to be “poor”); 3. Derogatory or negative reference within areas of subjective judgment such as maturity, intelligence, and “fitness for police work” shall not be considered disqualifying or given any probative weight except in those cases where the applicant has been and/or is presently employed by a law enforcement agency or the employer can qualify his/her statements as to why the applicant would not be suited for police work; 4. Derogatory or negative references, except where otherwise disqualifying in nature, shall not be considered disqualifying if based upon acts or

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occurrences predating the application by more than five years unless the applicant was employed as a peace officer; and 5. Derogatory or negative references shall not be considered disqualifying where provided by a person who is not personally familiar with the applicant’s work, provided however, that this provision shall not preclude reliance upon derogatory or negative obtained from “business records”. 6. When discussing a rejection based on derogatory or negative references supplied from an employment reference on the assurance of confidentiality with an applicant, the degree of specificity and detail provided the applicant shall be as much as can be reasonably be provided without disclosing or jeopardizing the source of the confidential information. 14. Organizational Affiliation or Sympathy - An applicant’s organizational affiliations or sympathies shall not be grounds for disqualification unless there is evidence or an admission indicating the following: (a) That the applicant personally agrees with or has participated in the unlawful actions of the organization or any advocacy of violence by the organization. (b) That the applicant personally believes in the racial superiority of any group, or (c) That such connection would interfere with the applicant’s ability to enforce the law against such groups of its members. (d) Disqualification: Permanent 15. Deceptive Polygraph Reaction (a) The polygraph examination will be utilized in the selection process as an investigative aid. The results of the polygraph examination will not be used as the single determinant of employment status. (b) Applicants whose results of the polygraph examination indicate deceptive reactions in areas of inquiry that would have otherwise been disqualifying if he/ she had made an admission will be handled in the following manner: 1. The applicant will be allowed to proceed in the selection process. 2. During the background investigation stage of the selection process, the investigator will be allowed sufficient time to thoroughly check the area(s) of inquiry where the applicant had deceptive polygraph reactions. 3. If the background investigation is unable to uncover additional information concerning those areas of inquiry with deceptive polygraph reactions, a recommendation supported by complete written documentation of the underlying facts and rationale to either accept or reject the applicant will be submitted for approval to the Chief of Police. 4. Disqualification : Period of disqualification shall be included with the recommendation to the Chief of Police. 16. Health

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(a) Applicants will be forwarded to the Civil Service Director for physical examination scheduling. A positive L-2 form will indicate that the applicant: 1. Is physically sound and free from any defect that may adversely affect the performance of duty as a peace officer. 2. Shows no sign of drug dependency or illegal drug usage after a physical examination, blood test, or other medical tests. 3. Meets vision and hearing criteria established by the Civil Service Commission. (b) A negative L-2 form will indicate that an applicant is not capable of performing assigned duties at this time. The application process will be terminated. 17. Mental Health (a) In accordance to the state laws of Texas, the applicant shall be examined by a psychologist and be declared in writing (in the form of a positive L-3) by the psychologist or psychiatrist to be in satisfactory psychological and emotional health to be a peace officer. (b) The examination will consist of at least: 1. A background survey, 2. Two objective personality tests (one of the two required objective personality tests must identify patterns of abnormal behavior. The other must access relevant dimensions of normal behavior) and, 3. A professional interview. (c) A negative L-3 will indicate that the applicant is not of satisfactory psychological and emotional health to be a peace officer. The application process will be terminated. 18. Basic Certification (a) Applicants holding a Basic Peace Officer Certificate will be classified as probationary police officers upon employment with the department in compliance with Civil Service rules. (b) Applicants without Basic Peace Officer certification will be classified as a Police Trainee or Cadet. 1. These employees will be entered into the next available Police Academy for training. 2. Cadets must maintain a “B” average while in the academy to retain their employment. 3. Cadets must pass the state licensing examination within the attempts allotted by TCOLE. 4. Cadets must comply with the Pearland Police Department General Orders and Standard Operating Procedures while in the academy.

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5. Cadets will report to the Professional Standards and Training Division who will be responsible for monitoring their progress through the academy.

200.3.2 PROFESSIONAL EMPLOYEES 1. Process (a) Division Commanders are responsible for the hiring of professional employees insuring the hiring process is completed per policy. Division Commanders may delegate the hiring process but are responsible for the outcome. (b) Division Commanders will insure positions are posted as required in conjunction with Human Resources. (c) Applicants will apply through any software/website as directed by HR. (d) Using the criteria set forth for the position, a suitable number of applicants will be chosen for interviews based on the submitted information. (e) The Division Commander will insure a fair interview process is completed and should engage a diverse set of interviewers who are cognizant of the knowledge, skills, and abilities needed to perform the job. Following the interviews, a facilitator should be used to help the panel rank the applicants who are to proceed in the process. (f) Depending on the number of openings, the appropriate number of PAFs for applicants will be sent to HR for a conditional job offer. The Bureau Chief with input from the Division Commander will set the pay rate. Those applicants who accept a position will receive a background packet to complete. (g) Following the completion of the background packet an investigator will be assigned to complete a background. Background investigators are responsible for scheduling applicants for a polygraph during the background phase. (h) The background investigator will bring to the attention of the Administrative Services Division supervisor any obvious disqualifications. The supervisor is responsible for notifying the appropriate Division Commander, the Manager if applicable, the PD HR Business Partner, and the PD Business Administrator. The background packet will be forwarded for filing. (i) All completed backgrounds of applicants who are to be considered to continue in the process are forwarded to the Division Commander. The Division Commander may schedule a second interview if needed, disqualify the applicant or if approved forward the approval information to the PD HR Business Partner, and the PD Business Administrator. The background packet will be forwarded to the TCOLE Training Coordinator for processing. Upon completion of TCOLE related documents, the file will be forwarded to the Executive Assistant for filing. 2. Educational Requirement - The educational requirement shall be that listed in the job description for the position under application. 3. Citizenship

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(a) Applicant must be a citizen of the United States of America or must be in compliance with the Immigration Reform Act of 1986. Naturalized citizens must have resided in this country for a period of not less than 10 years in order to establish a thorough personal history statement investigation. (b) Disqualification : Temporary until criteria is met. 4. Driver's License and Driving History Requirements (a) Human Resources will evaluate applicant’s driving record for positions that require the operation of City vehicles. (b) Disqualification : Temporary until criteria is met. 5. Contradictory Information (a) Asserted contradictory information may serve as a ground for disqualification,or may be given appropriate weight in the decision to reject or to approve an applicant. When the asserted contradiction is restricted to information supplied by the applicant, or to admissions of the applicant, the applicant shall be advised of the asserted contradiction, and be given a fair and equitable opportunity to explain. (b) Where the asserted contradiction is based upon information supplied from a third person under assurances of confidentiality, the degree of specificity and detail provided the applicant shall be as much as can be reasonably be provided without disclosing or jeopardizing the source of the confidential information. (c) Applicants may be disqualified for dishonesty, serious distortions or purposeful omissions during the selection process. (d) It is understood that rejections under such circumstances shall be supported by complete written documentation of the underlying facts and rationale and approved by a Background Investigator. In the decision-making process, the Background Investigator will consider the gravity of the situation, whether the applicant should have known about the information, and how critical the area of concern is. (e) Disqualification : In those cases, in which the applicant intentionally falsified, inaccurately reported, or withheld information, he/she felt would disqualify his/ her application, he/she shall be permanently rejected. All other cases involving contradictory information will result in a rejection of the application for one year from the date of termination. 6. Criminal Behavior (a) Criminal behavior on the part of the civilian applicants shall be evaluated in the same manner as applicants for classified positions. (b) Disqualification : Temporary until criteria is met. 7. Narcotics Usage - Narcotics use on the part of the civilian applicants shall be evaluated in the same manner as applicants for classified positions. 8. Employment References

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(a) Applicants showing a history of repeated unemployment should not be eliminated on this basis alone; however, this information should be considered when making a recommendation for employment. (b) A negative employment reference from an employer with whom the applicant’s employment ended more than five years prior to the date of the application shall not by itself serve as grounds for disqualification, unless (a) the applicant has been substantially unemployed for the referenced five year period, or (b) the applicant was previously employed as with a law enforcement agency. (c) When discussing a rejection based on derogatory or negative references supplied from an employment reference on the assurance of confidentiality with an applicant, the degree of specificity and detail provided the applicant shall be as much as can be reasonably be provided without disclosing or jeopardizing the source of the confidential information. 9. Organizational Affiliation or Sympathy (a) Organizational Affiliation or Sympathy shall be evaluated in the same manner as for Classified Personnel. (b) Disqualification: Permanent 10. Deceptive Polygraph Reaction (a) The polygraph examination will be utilized in the selection process as an investigative aid. The results of the polygraph examination will not be used as the single determinant of employment status. (b) Applicants whose results of the polygraph examination indicate deceptive reactions in areas of inquiry that would have otherwise been disqualifying if he/ she had made an admission will be handled in the following manner: (c) The applicant will be allowed to proceed in the selection process. (d) During the background investigation stage of the selection process, the investigator will be allowed sufficient time to thoroughly check the area(s) of inquiry where the applicant had deceptive polygraph reactions. (e) If the background investigation is unable to uncover additional information concerning those areas of inquiry with deceptive polygraph reactions, a recommendation supported by complete written documentation of the underlying facts and rationale to either accept or reject the applicant will be submitted for approval to the Chief of Police. (f) Disqualification : Period of time of disqualification shall be included with the recommendation to the Chief of Police. 11. Drug Screen/Physical (a) The Human Resources Department shall screen all Police Department employees for narcotics use.

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(b) Physical standards for each position shall be established by Human Resources. Human Resources will order testing for civilian positions according to their procedures. 12. Certification - Applicants for Civilian positions within the Police department must complete required certification for their position within the first year of employment.

200.3.3 EXTENUATING CIRCUMSTANCES 1. In instances of extenuating circumstances, applicants may be either approved or rejected despite technical non-compliance with the terms and conditions enumerated herein. It is understood, however, that approvals or rejections under such circumstances shall be limited in number, and that any such approvals or rejections shall be supported by complete written documentation of the underlying facts and rationale and approved by the Chief of Police. 2. Disqualification : The period of disqualification shall be included in the written documentation for the rejection of an application as approved by the Background Investigators and the Chief of Police

POLICE OFFICER FIELD TRAINING PROGRAM

201.1 PURPOSE The purpose of the Field Training Program is to provide consistent and effective training in Patrol Operations to each Probationary Police Officer. It is the responsibility of the Field Training Program to insure that each Probationary Police Officer is capable of performing the essential functions in the safe, competent and professional manner that meets the expectations of the Chief of Police.

201.2 DEFINITIONS A. FTP – Field Training Program B. Manifest Safety Hazard - A single act or a series of acts or exhibited behavior demonstrating neglect, disobedience or a significant lack of safety mindedness resulting in a SERIOUS threat to life or safety. C. Training Deficient Hazard – A student officer who consistently demonstrates an inability to retain or utilize skills or knowledge provided to them resulting in unsatisfactory performance. D. SO – Student Officer; or, police officer in training. E. Valid Evaluation Phase – Consists of a minimum of six valid training days for 12- hour shifts, or nine training days for 8-hour shifts. Also consists of at least two valid Weekly Evaluation Reports and the End of Phase Report. F. Valid Training Phase – Consists of a minimum of twelve valid training days for 12- hour shifts, or eighteen training days for 8-hour shifts. Also consists of four valid training week reports and the End of Phase Report. G. Valid Training/Evaluation Day – A scheduled day of training where a Field Training Officer works with the Probationary Police Officer for at least three-quarters of a shift. H. Valid Training/Evaluation Week – Consists of at least three valid training days for 12- hour shifts and at least four valid training days for 8-hour shifts. Training must be provided in at least 13 of the categories for a minimum of three days. I. Remedial Training – Training phase provided to correct specific problems. J. Phase Extension – Additional training days added to any phase including evaluation to achieve minimum phase standards or accomplish a goal.

201.3 PROCEDURES

201.3.1 FIELD TRAINING PERSONNEL 1. Field Training Administrator (FTA) (a) Accountable to the Chief of Police for the entire operation of the Field Training Program (FTP) within the Pearland Police Department. This position is held by the Assistant Chief of Police of Operations.

POLICE OFFICER FIELD TRAINING PROGRAM

(b) Approves and authorizes the implementation of major program changes and serves as a chairman of the Training Review Committee (TRC). 2. Field Training Director (FTD) (a) Accountable to the Field Training Administrator (FTA) for the daily operation of the Field Training Program (FTP). Responsible for insuring the uniform compliance of all field training personnel with the program standards and guidelines. This position is held by the Patrol Captain. (b) Implements approved changes within the program to eliminate identified problems. (c) Appoints or approves the appointment of all program personnel and serves as Vice Chairman of the TRC. 3. Field Training Coordinator (FTC) (a) Accountable to the Field Training Director (FTD) for coordinating the training activities of the Field Training Program (FTP). This position will be held by a Patrol Division Lieutenant designated by the Field Training Director with approval of the Field Training Administrator. (b) Assists the FTD in overseeing the daily operation of the Field Training Program by keeping the FTD abreast of training and evaluation activities (c) Identifies potential problems and offers alternative solutions and serves on TRC. (d) The FTC shall be responsible for establishing minimum standards for each phase and evaluation. These standards will be in writing and shall be approved by the FTD. 4. Field Training Supervisor (a) Accountable to the Field Training Coordinator (FTC) for the management of the Field Training Program (FTP) and its personnel on their assigned Squads. These positions will be held by Patrol Sergeants recommended by their respective Squad Lieutenants and so designated by the Field Training Coordinator with the approval of the Field Training Director. (b) Monitors training and evaluation activities of active SOs on a daily basis and maintains complete and accurate records of active SO assignments. (c) Reads, and reviews all training and evaluation reports submitted for active SOs on a daily basis and ensures they are included in the SO’s Field Training Binder. (d) Conducts bi-weekly training and evaluation conferences for active SOs and keeps the FTC informed of all training and evaluation activities for active SOs. 5. Field Training Evaluator (a) Accountable to the Field Training Chain of Command regarding related matters and issues while fulfilling field training responsibilities.

POLICE OFFICER FIELD TRAINING PROGRAM

(b) FTEs are selected by their squad FTS based on their experience as an FTO and their ability to objectively evaluate SOs. FTE selection must be approved by the FTC. (c) Expected to objectively evaluate, score and document the performance of an SO on a daily basis in accordance with program standards. (d) Exercises supervisory responsibilities and control over the actions and conduct of the SO during the assigned tour of duty. 1. The phrase "exercises supervisory responsibilities and control" denotes that the FTE is the senior officer present and shall have the discretion as to actions and participation of the SO while engaging in normal police duties or activities in conjunction with the Program. 2. Supervisory activities beyond the above definition are strictly reserved for the rank of sergeant and above. (e) Assigns and records on a daily basis the appropriate performance level designator (score) for each evaluation category based upon the assigned SO's performance. FTEs shall insure the SO has the opportunity and completes all program minimum standards for evaluation established by the FTC. (f) Identifies and documents SO Performance (strengths and weaknesses) on a daily basis according to program guidelines. (g) Keeps the FTS informed of any unusual performance displayed by the SO that may require supervisory attention. (h) FTEs shall complete the End of Evaluation Report and submit it to the FTS for review. FTEs shall document their recommendation for an SO’s assignment to a solo assignment or remedial training. FTEs shall document the reasoning for either. 6. Field Training Officer (a) Provides structured, entry-level police training for SOs on a daily basis according to the respective program phase. (b) Exercises supervisory responsibilities and control over the actions and conduct of the SO during the assigned tour of duty. 1. The phrase "exercises supervisory responsibilities and control" denotes that the FTO is the senior officer present and shall have the discretion as to actions and participation of the SO while engaging in normal police duties or activities in conjunction with the FTP. 2. Supervisory activities beyond the above definition are strictly reserved for the rank of sergeant and above. (c) Documents all training needs, training provided, and the assigned SOs response to all training given on a daily basis. FTOs shall insure the SO has the opportunity and completes all program minimum standards established by the FTC.

POLICE OFFICER FIELD TRAINING PROGRAM

(d) Identifies and documents SO Performance (strengths and weaknesses) on a daily basis according to the program guidelines. (e) Keeps the FTS informed of any unusual performance displayed by the SO that may require supervisory attention. (f) FTOs shall complete the End of Phase Report and submit it to the FTS for review prior to the completion of the SO’s last training day in that phase. FTOs shall document their recommendation for the SO to move to the next phase of the FTP or for a Remedial Extension.

201.3.2 FIELD TRAINING PROGRAM ASSIGNMENTS 1. The FTC will develop an initial assignment schedule reflecting Phases I through III and schedule Primary Evaluation on a case-by-case basis. 2. The initial assignment is tentative and provides the FTS and FTC flexibility to adjust the scheduling of assignments when necessary. 3. The FTC and FTS will assign SOs to their respective Field Training Officers. SOs should be assigned to one Field Training Officer (FTO) during a training phase and only one FTE during any evaluation week, except for extenuating circumstances. 4. For either evaluation phase, SO's will not be assigned to a FTE who has previously trained or evaluated the SO except for extenuating circumstances. SO's may be assigned to an FTE for Remedial Training even if the FTE previously evaluated the SO. 5. While participating in the training portion of the program, all matters concerning the SO should go through the FTO. This includes any reports/documents generated by the SO, any questions regarding the FTP to include but not limited to: program assignments, problems with reports the FTO did not find, counseling sessions, disciplinary actions, etc. 6. It shall be the responsibility of the SO to notify his FTO and FTS of an illness or sustained injury that may result in a prolonged absence of more than 3 days as soon as possible in order to permit rescheduling of training as appropriate. 7. It shall be the responsibility of the FTO to notify his FTS of an illness or sustained injury that may result in a prolonged absence of more than 3 days as soon as possible in order to permit rescheduling of program personnel where necessary. 8. It shall be the responsibility of the FTS to notify the FTC of any prolonged absence by an SO that may restrict their program participation. 9. Upon successful completion of the Primary Evaluation Phase, or the Final Evaluation Phase, the SO will be assigned as a Probationary Police Officer to a Patrol Squad by the Patrol Commander unless otherwise directed by the Chief of Police. 10. While participating in the Field Training Program, SOs will not be regularly assigned to any non-training activities except by authorization of the FTD.

201.3.3 PHASE STRUCTURE 1. Training Phases

POLICE OFFICER FIELD TRAINING PROGRAM

(a) Orientation 1. 2-4 Weeks 2. Intensive classroom instruction and hands on training following a training outline determined by the department Training cadre. 3. Officers previously employed with the department and returning after a separation of 2 years or less may be assigned directly to Phase I at the discretion of the Field Training Coordinator. (b) Phases I, II, and III 1. It is the purpose of the structured training phases to uniformly prepare all SOs to perform the requisite job tasks. 2. SOs will be assigned to a schedule cycle of either A/C or B/D squads for a period of four weeks in length unless an extension is approved by Field Training Director. 3. SO will begin Phase I on Day Shift, if the schedule permits, and will alternate shifts between phases. SOs will not earn Shift-Differential Pay until released from the Field Training Program. 4. The FTC may, at the recommendation of an FTO or FTS, extend a Training Phase for a SO for the purpose of focused instruction. This extension will not be considered remedial. 2. Primary Evaluation (a) It is the purpose of Primary Evaluation to formally evaluate a SO's job knowledge and performance skills based on identified department standards. (b) SOs will have a two week primary evaluation phase. (c) The SO will be assigned to the evaluation phase on the opposite squad schedule cycle the SO had for previous training phases. (d) SOs not satisfactorily demonstrating proficiency in more than one category or are deficient in multiple areas after two weeks of Evaluation will be scheduled for Remedial Training. (e) SOs, who do not have the opportunity to demonstrate proficiency for the minimum standard activities established for evaluation phase, may be extended for an additional week. During this period the FTE may use mock scenarios to determine proficiency if opportunities in the field are scarce. 3. Remedial Training (a) Generally two weeks but may be extended as needed. Remedial Training shall not be more than four weeks. (b) The SO will receive training in areas identified as deficient during the Primary Evaluation. (c) SOs will not be scheduled for remedial training more than once without the recommendation of the Training Review Committee.

POLICE OFFICER FIELD TRAINING PROGRAM

(d) Upon completion, the SO will be assigned to Secondary Evaluation. 4. Secondary Evaluation (a) Generally two weeks but may be extended to three weeks as necessary. (b) Secondary Evaluation will evaluate SO’s deficiencies from the first evaluation. Same or similar deficiencies or deficiencies indicating the SO has failed to respond to training may prevent the SO from receiving a line patrol assignment and/or may be cause for removal from the training program. (c) An SO failing to successfully complete Secondary Evaluation will be referred to the Training Review Committee. 5. Reinstated officers or those with prior experience are eligible for an optional program path. (a) Upon satisfactory demonstration of all Field Training objectives, and Phases I and II, the officer may request to be considered for acceleration in the program. (b) Accelerations must be approved by the current FTO, FTS, FTC and FTD.

201.3.4 FIELD TRAINING MANUAL 1. The Field Training Manual provides a summary of the training record and method of application. Manual sections include: (a) Program Structure and Format (b) Training Category Definitions (c) Orientation (d) SO’s Training Checklist 1. The FTO will discuss in detail the topics listed with the SO. 2. FTOs are encouraged to discuss topics that are not listed. A topic discussed which is not listed will be printed in the space provided. 3. Topics are considered important in that they create discussion between the SO and the FTO for the purpose of helping the SO gain knowledge about the law enforcement profession. 4. The date and initials of the FTO and the SO will be logged in the space provided. (e) Assignment record 1. The daily assignment schedule is divided into the program’s 5 phases. 2. The daily assignment schedule is designed to record the date and name of the FTO or FTE whom the SO was assigned to each day. (f) Conference record 1. It shall be the responsibility of the FTS to check the training binder during conferences.

POLICE OFFICER FIELD TRAINING PROGRAM

2. The biweekly conference record is designed to record the date and the name of the FTS who conducted the training or evaluation conference. 3. The FTS will date and sign the record during the conference. 4. The conference will be conducted in private and in the atmosphere of a formal meeting with no distractions. 2. It will be the responsibility of the FTS to retrieve the Field Training Binder from each SO, and to submit it to the FTC within five calendar days of the SO’s assignment to Primary Evaluation. 3. Upon successful completion Primary Evaluation, the Field Training Binder will be checked by the FTC for completeness and submitted as part of the SO's permanent field training file.

201.3.5 DOCUMENTATION 1. The FTC will maintain current program forms in the Report Writing Room and on the Police Department internal server. 2. Required forms will contain all appropriate signatures when completed. 3. Daily Training/Evaluation Reports (a) The FTO/Evaluator will complete the Daily Training Report for every valid training/evaluation day, and provide it to the SO prior to the next shift. (b) A description of each training opportunity and/or the performance of the SO must be provided in the documentation section for each reported category (c) FTOs must identify the training the SO received and document the SO's response to the training. (d) All comments must be cross-referenced with the category number to identify the training category being addressed. 4. Field Training Binder Checklist (a) Tasks from the checklist must be documented as they are covered on a daily basis. (b) Documentation should cross reference the check lists items by section number listed in the Binder and note that topics were taught. 5. Evaluation Reports (a) Through cumulative grading, check off the appropriate Performance Level Indicator that most reflects the SO's daily performance in each of the evaluation categories. (b) All categories with scores of less than "Passing" must be specifically documented. 6. Weekly Training Reports

POLICE OFFICER FIELD TRAINING PROGRAM

(a) Following review by the FTO, the SO will maintain all forms and supporting reports in their Field Training Binder. (b) The SO will present the Field Training Binder to the FTS on the squad at the beginning of each Phase and for review weekly thereafter. (c) The FTS must submit reports to the FTC upon completion of the weekly training/ evaluation conference. Formal correspondence stating the reason(s) for the delay will be attached to reports submitted later than four calendar days. 7. End of Phase Reports shall be submitted by the Field Training Supervisor following a valid training phase. End of Phase reports must be certified by: the FTS completing the report; the phase FTO; the SO; and the FTC. (a) Each FTO completing an End of Phase report shall make a recommendation to the FTC regarding the SO progress to the subsequent training phase. (b) A negative recommendation will result in an extension of the phase with the option to utilize a different FTO. (c) Consecutive negative recommendations will result in the FTC reviewing the SO as a Training Deficient Hazard. (d) The End of Phase Report must be submitted prior to the completion of the final training day. 8. End of Evaluation reports. (a) A grade of "Passing" must be obtained in each of the 14 categories in order for the SO to receive a line patrol assignment (b) Performance Level Indicators of less than "Passing" in a category will be considered unacceptable, and must be listed as a deficient performance category. 9. Remedial Training Phase Referral (a) The SO's signature is required to affirm the SO was made aware of the program status and of program expectations. (b) The signature of the FTO who will be assigned to train the SO in Remedial Training is required to certify the SO was reviewed the SO's training file and is aware of the deficient categories. (c) The signature of the FTC is required to certify the FTC has reviewed the contents of the report. 10. Training Critiques (a) Provides the SO with an opportunity to express his/her opinion concerning the training received or problems encountered during any phase of training. (b) The critique will be completed by the SO bi-weekly during each training phase. (c) Additional comments may be given on the back of the form when more space is needed and/or when an area of concern that is not covered merits mentioning.

POLICE OFFICER FIELD TRAINING PROGRAM

(d) The form is submitted to the FTC’s office directly by the SO. (e) The FTC will place critiques in the Field Training Binder of each SO at the conclusion of that officer’s training. 11. It shall be the Field Training Coordinator's (FTC) responsibility to read and check all Field Training Forms. Forms submitted that do not comply with program standards will be returned for corrections. 12. Department related correspondence concerning program personnel that necessitates command level attention would be forwarded to the appropriate individual via the respective chain of command. A copy of such correspondence regarding the suitability of an FTO or FTE must be submitted to the FTC. 13. Certification (a) The signature of the FTO/Evaluator is required to certify the accuracy of the contents of the Daily Training Report. (b) The signature of the SO is required to acknowledge that he/she is aware and has reviewed the contents of the report. The signature does not affirm that the SO agrees or disagrees with the contents of the report. (c) If an SO refuses to sign a report it will be considered insubordination and a direct order by the FTS will be given to him/her to generate correspondence to the FTC explaining the reason for the refusal. (d) Copies of the daily work history, work samples and other routine forms must be attached to the Daily Training/Evaluation Report and placed in the SO’s Field Training Binder no later than the next training day’s start of shift, or as directed by the FTS. (e) Video documentation of deficient performance shall be included in the Field Training Binder. (f) An FTS, when available, will check and approve all reports and other work submitted by the SO. 1. Work samples indicating marked improvement in a performance level area should be included. 2. Work samples indicating a need for substantial improvement in a performance level area should be included. 3. Work samples showing an initial effort in a performance level area should be included. (i.e. a SO’s first DWI report) 4. Any significant incident or incident recommended by the FTO/Evaluator.

201.3.6 CONFERENCES 1. Subsequent to the review of the Daily Training Reports and the Weekly Training Reports, the FTS may meet with the FTO, outside the presence of the SO, to discuss any observed deficiencies and/or inconsistencies contained in the reports. (a) Each of the Daily Training Reports shall be reviewed and discussed with the SO.

POLICE OFFICER FIELD TRAINING PROGRAM

(b) Significant strengths and weaknesses observed during each valid training day should be discussed. (c) Special or additional training planned or provided in the areas of identified weaknesses should be discussed. The FTS must document plans for special or additional training in the appropriate space provided. (d) The FTS will advise the SO of his/her next phase and shift assignment. (e) During the conference, the FTS shall complete the appropriate sections of the Weekly and/or End of Phase Training Reports. (f) Upon completion of any training phase, the FTS shall insure the End of Phase Training Report is completed and forward it to the FTC for his review and signature. (g) The SO must be allowed to review the reports prior to affixing the SO’s signature. (h) Both the reviewing FTS and FTO for the next training phase must review and sign the end of Phase Training Report before the start of the second training day.

201.3.7 PERFORMANCE LEVEL INDICATORS 1. SO’s performance will be rated on a Daily Training Report. This report will include SO’s performance of critical skills as well as the training provided and SO’s response to training. 2. Only tasks or responses actually performed or demonstrated by the SO during the day and observed by the FTE will be evaluated. 3. Based on the behavior and performance observed the FTE will decide which categories should be evaluated. A single incident may affect the scores given in several categories. 4. Appeals (a) Appeals should be made in writing to the FTS detailing the disagreement. (b) The SO should request the FTS review the daily activity log and the supporting documentation in question. FTS should document all appeals. (c) In the event the FTS disagrees with a request to change grades, the FTS should document his disagreement. (d) The FTC will review the request and make a final determination as to whether the grade should be changed.

201.3.8 TRAINING REVIEW COMMITTEE 1. An SO may be referred to the Training Review Committee to be considered for termination during any phase if the SO has evidenced one or more of the necessary elements of a Manifest Safety Hazard. 2. Upon referral of an SO to the Training Review Committee following unsuccessful completion of the Final Evaluation Phase, or establishment of a Manifest Safety Hazard, the FTC will make a formal request to the FTA to convene the committee

POLICE OFFICER FIELD TRAINING PROGRAM

within seven (7) business days, and the FTC will notify the SO when and where to appear. (a) The request must contain the reason for the request, and a list of the deficient categories by name. (b) The request must not contain predictions of future performance, or a recommendation for termination. 3. The SO will be instructed to report to the Field Training Coordinator’s Office for assignment pending the decision of the TRC. 4. An SO may be terminated at the conclusion of the Field Training Program upon approval of the Chief of Police, if it is substantiated by the Training Review Committee that the SO has failed to perform at or above minimum program standards or exhibited consistent or significant violations of department policy. 5. An SO may be terminated during any phase within the program, upon approval of the Chief of Police, if the Training Review Committee substantiates it that the SO has evidenced one or more of the necessary elements of a Manifest Safety Hazard. (a) A single act or incident of behavior which displays such a degree of ineptness as to SERIOUSLY endanger life or safety. (b) A series of acts displaying a lack of proper judgment and/or safety mindedness which, when considered collectively, clearly demonstrates a PATTERN OF PERSISTENT unacceptable behavior and, therefore, represents a potential threat to life or safety. (c) A failure to display the appropriate action(s) or behavior required by a situation or event(s), resulting from either NEGLECT or DISOBEDIENCE, which SERIOUSLY ENDANGERS life or safety. 6. An SO may be referred to the Training Review Committee by the FTC to be considered for termination during any phase if the SO has evidenced one or more of the necessary elements of a Training Deficient Hazard. (a) The SO consistently demonstrates an inability to perform basic police actions, to accurately complete paperwork, or to accept instruction. (b) The SO consistently demonstrates an inability to utilize equipment necessary for police actions, including the police vehicle, the police radio, the mobile data computer, or video equipment. (c) The SO consistently demonstrates an inability to write reports in a manner consistent with department standards, or consistently demonstrates an inability to complete them in a timely manner. 7. Guidelines for processing an SO who has demonstrated performance consistent with elements of a Manifest Safety Hazard or Training Deficient Hazard prior to a recommendation to the Training Review Committee. (a) The FTS must contact the FTC when a problem involving the SO is identified prior to recommending to the Training Review Committee that an SO be declared a Manifest Safety Hazard or Training Deficient Hazard.

POLICE OFFICER FIELD TRAINING PROGRAM

(b) An interview will be scheduled with the SO to determine all alternatives have been explored to assist the SO in the resolution of the problem. (c) Interviews are not intended to circumvent training prerogatives or problem guidelines, but simply to insure that all corrective measures have been exhausted. (d) Documentation presented for consideration may contain one or more of the following: 1. Must specifically identify only the actions actually performed by the SO and observed by Field Training Personnel or other line officers. 2. Must clearly reflect the serious nature of the SO's actions which, when considered in totality, distinctly formulates a series of unsafe acts or a history of persistent unsafe performance. 3. Details a single significant unsafe act that, within the scope of this procedure, constitutes a Manifest Safety Hazard. 4. The SO's unsafe act(s) or behavior resulted in an actual or a very real threat to life and safety. 5. Early detection and recognition of the SO's unsafe act(s) or behavior, and the specific planned training and supervision designed to address the SO's unsafe performance. 6. Early detection and recognition of the SO’s difficulty with report writing, difficulty with basic police activities, inability to safely operate the police vehicle, or inability to effectively use police equipment shall be documented with the specific planned training and supervision designed to address the SO’s deficiencies. 7. Persistent unsafe performance resulting from the SO's negligence, disobedience, lack of motivation and/or ineptness in spite of previous consultation, training and supervision. 8. Persistent errors in police activities or paperwork resulting from the SO’s disobedience, lack of motivation and/or ineptness in spite of previous consultation, training and supervision. 8. The committee's duties shall include, but are not limited to, the following: (a) Review the field training file of the SO when the final evaluation indicates the SO has failed to perform at or above the minimum acceptable program standards; (b) Review the field training file of an SO in which one or more of the necessary elements of a Manifest Safety Hazard, or of a Training Deficient Hazard, is evident; (c) Authority to call personnel to appear and give testimony. (d) Power to reconvene if it is decided additional time is required to review all relevant documentation and/or testimony;

POLICE OFFICER FIELD TRAINING PROGRAM

(e) Forward written recommendations together with documentation supporting such recommendations to the Chief of Police or his designee for a final decision: remedial alternatives; or, recommendation for termination. 9. The committee, when appropriate, shall review the contents of the SO's field training file to determine the following: (a) If the SO was provided with the training, as prescribed by the program guidelines, that each participant should receive. (b) If field training personnel performed according to program guidelines and standards. (c) Whether the unacceptable performance levels indicated by documentation and/ or testimony are accurate, valid, and reliable. 10. Based on the findings of the review, recommend to the Chief of Police for his approval the most appropriate course of action to be pursued involving the SO, along with a justification statement supporting the committee's recommendation. 11. The membership of the committee shall consist of the FTA, the FTD, FTC, and an FTS and FTO not involved in the SO’s training. All actions of the committee require the attendance of each member. 12. If the SO chooses at any time to resign, the FTS will instruct the SO to submit a letter of resignation to the Chief of Police with a copy given to the FTC.

201.3.9 FIELD TRAINING PERSONNEL SELECTION PROCESS 1. Step One – Position Application/Report Review (a) Applicant must submit a memo requesting a position. (b) Applicant will attach to the memo a copy of (2) two original offense reports, (2) two accident reports and (1) DWI. (Reports must have been written prior to the posting of the position.) (c) Applicant will submit the memo and reports to the Field Training Coordinator (FTC) for review. (d) Applicant will request a recommendation letter from the Field Training Supervisor assigned to his/her squad. The FTS will forward the memo directly to the FTC. (e) The FTC will then review the application, attachments and all pertinent files including but not limited to Departmental Personnel File, complaint files, use of force records, etc. to verify that the applicant meets all minimum requirements and then designate his approval or disapproval. (f) The FTC will then forward the application to the Field Training Director (FTD) for consideration. 2. Step Two – File Review (a) The FTD will review the application to verify the applicant meets the minimum standards and designate his approval or disapproval.

POLICE OFFICER FIELD TRAINING PROGRAM

(b) Such review will note any information or documented activities that would disqualify the applicant from continuing with the selection process. 3. Step Three – Interview (a) Each applicant may appear before an interview board for an oral interview prior to being selected as a participant in a Field Training School. 4. Step Four – Basic Field Training School (a) Each applicant must successfully complete TCOLE Course #3702, Field Training Officer Course, and receive program certification. (b) The new FTO will be authorized to wear the FTO insignia and will be assigned as an FTO based on the needs of the department. 5. Assignment (a) Field Training Officers and Evaluators may not refuse to train or evaluate a SO when the name of the FTO or Evaluator appears on the schedule unless a valid reason can be given and exception made by the FTC or by the FTS on the squad. 6. Removal from the Field Training Program (a) Field Training personnel who consistently refuse to accept Field Training assignments; consistently fail to participate in mandatory FTP meetings and training sessions; or consistently fail to meet the basic standards of the FTP will be removed from the training program. 7. Leaves (a) A member requesting a temporary leave (up to 1 year) from the Field Training program assignment must gain approval through official correspondence to the FTD. The member must include in his correspondence the reason(s) for his requests, and the anticipated date of his return to the program assignment. (b) Upon concluding his leave, the member must submit a memo to the FTD to insure continued eligibility. (c) After a year of absence from the FTP the FTO/FTE shall submit a memo requesting to return to the program.

201.3.10 PROGRAM CONFLICTS 1. Any program-related conflicts will be immediately brought to the attention of the Field Training Coordinator (FTC) for consultation concerning program alternatives. 2. Any conflicts that are not program related but involve a FTP member should be brought to the attention of an FTC as soon as possible. 3. Any issue that involves or conflicts with the procedures outlined in this directive will be brought to the attention of the Field Training Coordinator. 4. The FTC may consult with the FTD for direction concerning such conflicts.

POLICE OFFICER FIELD TRAINING PROGRAM

201.3.11 ASSISTANCE FOR STUDENT OFFICERS 1. Student Officers who need assistance in various aspects of their police training may utilize the following sources. (a) Field Training Officer (b) Field Training Supervisor (c) Field Training Coordinator 2. Program supervisors must make every attempt to resolve problems confronting an SO as soon as such problems come to their attention. Supervisors may advise the SO to consult with one of the above sources, or evaluate the need for outside tutorial aid. 3. Program supervisors should consult with the FTC concerning problems confronting an SO which may require tutoring from sources outside the department. (a) The FTS/FTC will advise the SO of the following: 1. All outside tutorial aid must be done only during the SO's off-duty hours. Tasks assigned by an FTO/FTE that are to be completed outside the SO’s tour of duty are compensable according to the FLSA. 2. It is the responsibility of the SO to make all arrangements for outside tutorial aid. (b) All above matters will be documented and submitted to the FTD.

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. POLICE OFFICER FIELD TRAINING Published with permission by Pearland Police Department PROGRAM - 49 Policy Pearland Police Department 202 Policy Manual

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202.1 PURPOSE The purpose of this policy is to insure all members of the Pearland Police Department are properly trained in all aspects of law enforcement affecting their area of responsibility and that said training records are properly credited and maintained. Further, this policy establishes a reasonable, logical and accountable process for advance and reimbursement of city business travel expenses.

202.2 DEFINITIONS None

202.3 PROCEDURES

202.3.1 TRAINING GOALS AND PROGRAMS 1. Responsibility for Administering - The Training Officer (appointed by the Chief of Police) shall be responsible for administering the department’s training functions. In administering the department’s training and Professional Development Programs, the Training Officer shall have the authority to plan, design, develop, implement, or secure, within budgetary constraints, training activities required or found to be desirable in helping the department achieve its goals and objectives with respect to the knowledge, skills, and abilities of all personnel, both sworn and civilian. (a) To assist the department with respect to the determination of ongoing training needs, the Chief of Police or his designee should conduct a yearly survey of all members of the department, review internal investigations, use of force forms, pursuit forms and lawsuits from the previous year. (b) Results from said survey and review shall be forwarded to the Training Officer. 2. Responsibilities of Training Officer - In discharging his assigned training functions, the Training Officer will plan, develop, and implement such in-house training programs as may be necessary to comply with State Law, specific needs of the department, and the ongoing needs of all personnel. When it is not feasible to satisfy training needs on an in-house basis, the Training Officer will seek to secure the desired training through extra-departmental sources. Specific duties will include: (a) Administration of the Department’s Training Academy. (b) Notifying personnel of required or approved training and insuring that required programs are attended. (c) Maintaining of accurate records of training completed by personnel. (d) Providing to other components of the department information concerning the availability of specific training opportunities from outside training providers. (e) Selection and training of instructors pertinent to in-house training programs. (f) Coordination of training activities and programs required or approved by the Department.

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(g) Evaluation of training programs conducted by or for the department.

202.3.2 ATTENDANCE AND PARTICIPATION IN DEPARTMENT TRAINING PROGRAMS 1. It is policy of the Pearland Police Department to provide in-house training programs designed to accomplish departmental objectives with respect to the knowledge, skills, and abilities of members of the department. 2. Responsibilities of Supervisors - Supervisors and other ranking officers assigned to attend training will have leadership responsibilities, as well as learning responsibilities. Supervisors shall set an example of participatory excellence and professional police conduct representative of their rank and status in the department. 3. Excused Absence from Training Programs - Personnel enrolled in departmental training programs may be excused by the employee’s supervisor when the following occurs: (a) The employee is sick or injured to the extent that attendance or participation will jeopardize the health and safety of the ill or injured employee. (b) The employee is sick or ill to the extent that attendance or participation would jeopardize the health of fellow attendees. (c) The employee’s presence is required in court or any other type of judicial functions (ALR, Parole or Revocation hearings, etc) and the employee provides written communication in advance to the employee’s Division Commander. (d) An emergency situation develops requiring the employee’s immediate attention. (e) In all cases it will be the responsibility of the supervisor to make notification to the Training Officer and Division Commander of the absence. 4. Responsibility of Division Commander - Each Division Commander is responsible for determining that training program attendance and participation by officers and employees are in compliance with the provisions of this directive. (a) To this end, a member of the Training Staff, or some other person designated by the training officer, will act as a Course Coordinator for each session of formal training conducted by the Department. (b) The designated Course Coordinator or Instructor, regardless of rank, shall be the Supervisor of Record of any training program conducted by the department including each cycle of firearms training and official re-qualification periods. 5. Authority of Course Coordinator - The Course Coordinator and/or Instructor is authorized to expel from the site of a department training program any person who, by his conduct or attitude, represents a danger to the safety of other persons or who continues to disrupt training after being advised of his disruptive conduct. A written report of such an incident shall be forwarded through the Chain of Command to the Division Commander of the employee involved and Training Officer as soon as practical. 6. Evaluation Summary - The Training Officer will file a course summary of each completed training program within five (5) business days following its completion. The

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summary will address: Attendance, (documented on a ”Report of Training” form authorized by the Texas Commission on Law Enforcement Officer Standards and Education), group and individual participation (documented on a ”Instructor & Course Evaluation Form), and other facets of the program as directed by the training officer. A copy of the course summary will be forwarded to Division Commanders.

202.3.3 DRESS CODE FOR TRAINING PROGRAMS 1. Appropriate dress for personnel attending training shall consist of conservative clothing consistent with the current fashion being worn in the casual business sector, or the police uniform. (a) Collared Shirts (b) Slacks (c) Dress Jeans 2. Inappropriate dress shall consist of clothing normally consistent with leisure activity, i.e. T- shirts, worn, faded or torn blue jeans and shorts. 3. Personnel will be notified if the dress code is to be altered in any way for in-service training, i.e. Chemical Agent, Baton, Physical Restraint and Firearms Training.

202.3.4 SPECIALIZED TRAINING 1. Personnel assigned to specialized areas of the Department and/or performing specialized tasks that exceed the scope of normal police duties require specialized training in order to function well and perform to expectations. 2. The department recognizes the need and accepts the responsibility for providing specialized training to fulfill various goals and objectives of the department. 3. Any employee who wishes to attend a specialized training program, which would not otherwise be routinely provided by the department, must submit a training request and attach the appropriate forms as required by the City Finance Department. A copy of the training request will be forwarded to the Training Officer. 4. It is the responsibility of the employee attending the training to adhere to the City of Pearland Travel Procedures and reimbursement. 5. It is the responsibility of the employee requesting the specialized training or school to make sure all reservations for attendance to the course or hotel/motel rooms are made. 6. Upon completion of approved training the employee shall forward a copy of the certificate of training issued by the course instructors or institution, as well as the instructor’s name and the name of the training provider to the Training Officer for inclusion in the employee’s training file. 7. Training Schedules - Training schedules that are received by the department will be made available for review in the Officer Report Room. Officers should not remove the schedules or training information except for a temporary period to photocopy the information.

TRAINING

8. Conduct During Training - Officers attending courses away from the Department are reminded that they are representatives of the Pearland Police Department and shall conduct themselves in the most professional manner at all times. Regardless of whether the training is being conducted outside the agency, or an in-service school, all officers are reminded that the training is being conducted by the authority of the Chief of Police and officers attending training shall give all attention and courtesy to the training instructor that would be extended to the Chief. Officers should not lobby for breaks, privileges, or any other special considerations, but rather follow the directions and wishes of the training instructor. Officers should arrive to training classes seated and prepared five minutes prior to the start of all training sessions.

202.3.5 SUPPLEMENTARY TRAINING FOR POLICE EMPLOYEES 1. The Department recognizes that the attendance and apparent satisfactory completion of a prescribed training program is not an absolute assurance that the employee will perform satisfactorily in all aspects of his duties and responsibilities. 2. It is the responsibility of each supervisor to determine the existing training needs of personnel and to train or recommend training when such action is warranted by the circumstances surrounding an employee’s inadequate, unprofessional, or unsafe act or omission. 3. Determining the Need for Training - Prior to recommending training or performing direct action to remediate an employee’s training needs, the supervisor will make a reasonable effort to determine the extent of the performance deficit, by direct observation of the employee’s performance, through consultation with the Training Officer, Departmental Staff, or by examination of performance appraisal reports. 4. Once it has been determined an employee’s inadequate performance is linked to a lack of required knowledge or skill, the supervisor shall, through personal supervision and consultation with the Training Officer, take the steps necessary to supply the missing knowledge or to develop the employee’s skill. 5. Scheduling Supplementary Training - When it is determined an employee’s performance is inadequate, steps to correct the problem or supply the required training will be taken. 6. Supplementary Training Attendance - Employees scheduled to attend supplementary training sessions are required to attend. Willful non-attendance shall result in disciplinary action. 7. Alternatives to Supplemental Training - Although training is a viable means of correcting some work-related deficiencies, the process shall not be considered the only means available to the Department for coping with an employee’s inadequate performance. Other means, (i.e. transfer, demotion, termination) may be utilized when judged more appropriate to the particular circumstances surrounding the inadequate performance or omission.

EMPLOYEE WELLNESS

203.1 PURPOSE It is the goal of the Pearland Police Department, in conjunction with the City of Pearland organization, to encourage and support employee wellness. Statistics indicate more police officers are killed via suicide, than during their tour of duty. Smoking, alcoholism, and prescription drug abuse lead to serious health issues. Financial and other forms of stress can lead to loss of a career and divorce. The police department recognizes these issues are not limited to our police officers. Our civilian staff are also encouraged to take advantage of the benefits and recommendations within this policy. The dimensions of wellness the police department strives to positively impact include: Occupational, Physical, Social, Spiritual, Emotional, and Financial. Each of these dimensions of wellness are discussed in this policy.

203.2 DEFINITIONS A. Wellness Coordinator – A member of the department designated to oversee all logistical and administrative functions of the wellness program. The wellness coordinator is selected by the Chief of Police and reports directly to the Chief of Police. The Wellness Coordinator will serve as a resource for all health and wellness needs, provide access to services facilitating partnerships with outside providers, help reduce stigma, develop training, and design and implement programs aimed at promoting health and wellness. The Wellness Coordinator will endeavor to promote the success of the wellness program and insure easy access to health and wellness services to all Pearland Police Department employees.

203.3 PROCEDURES

203.3.1 OCCUPATIONAL WELLNESS Involves an employee preparing and making use of his/her gifts, skills, and talents in order to gain purpose and enrich his/her life. The department strives to encourage job satisfaction and enjoyment among its team. The department will provide training to employees at least yearly and, as operationally and financially possible, permit employees to seek specialized training to learn new or enhance existing skills. The department will also work with City Hall and approve appropriate requests for educational assistance, budgeting for the same. Employees are encouraged to use the Educational Assistance program to further their careers and enrich their lives through education.

203.3.2 PHYSICAL WELLNESS Physical Wellness– Encompasses a variety of healthy behaviors including adequate exercise, proper nutrition, suitable rest and abstention from harmful habits such as alcohol or drug abuse. The department strives to encourage physical wellness among its employees. Sworn personnel, prior to employment, are required to meet specific physical fitness requirements. While some

EMPLOYEE WELLNESS physical wellness incentives only pertain to sworn personnel, all employees are encouraged to keep physically fit. 1. Physical Examinations - Before beginning any exercise program it is advisable for participants to have a medical examination to insure there are no conditions that might preclude participation. 2. Use of Exercise Equipment and City Facilities (a) Department physical conditioning exercise equipment maintained in the Workout Room is available to all department employees for use on a voluntary basis. (b) Departmental employees who receive paid meal breaks may use those meal breaks to exercise, in lieu of or in conjunction with taking the break to eat. Employees who use their meal break time to exercise may only exercise at a City owned facility or their home and only if the location is within the designated set boundaries established for their meal breaks. These employees must remain available for call back and must maintain radio communication with dispatch. Employees should be mindful about how quickly they can return to duty if needed. 3. Physical Fitness Testing for Sworn Personnel (a) Participation 1. Participation in department sponsored physical fitness testing will be voluntary, but is encouraged. When operationally feasible, employees will be allowed to participate on duty; when testing is outside of the employee’s normal working hours, the employee may coordinate with their supervisor to flex up to 2 hours during the same work period to attend. 2. The physical fitness testing is intended to promote exercise, diet, and a healthy lifestyle. 3. Participants should use good judgment while participating in testing, including properly warming up and stretching. (b) Administration 1. The Administrative Services Division will provide physical fitness testing for all program participants to evaluate their physical fitness level. 2. Testing will be administered bi-annually. 3. The Physical Fitness Evaluation is designed to evaluate the participant’s ability to perform some of the most common physical demands of a police officer’s duties requiring a degree of strength, endurance, and agility. 4. Physical Fitness Evaluation Standards will consist of the following: (a) Obstacle Course 1. Simulates a foot pursuit or reaching a person in danger. There will be an 800 foot course, with the participant being required to make a 5'3" running jump, hurdle a 3'6" barricade and pass over a 6"0" wooden fence.

EMPLOYEE WELLNESS

2. Maximum Qualifying Time: Sixty (60) seconds (b) Body Transport 1. Simulates the activity necessary to move an unconscious person to a place of safety. Participants will be required to move a life size “dummy” of approximately one-hundred seventy (170) pounds in weight, a distance of seventy-five (75) feet. 2. Maximum Qualifying Time: Thirty (30) seconds (c) Vehicle Push 1. Simulates the ability to bodily move a disabled vehicle from a traffic lane. Participants will be required to push a mid-sized motor vehicle a distance of thirty (30) feet. 2. Maximum Qualifying Time: Twenty (20) seconds (d) Stairway Run 1. Tests physical ability to traverse a stairway. Participants will be required to ascend and descend a flight of stairs (approx. 20 steps) a total of three (3) times. 2. Maximum Qualifying Time: Thirty (30) seconds (e) Quarter Mile Run 1. Simulates a long distance foot pursuit. Participants will be required to run one quarter (1/4) mile including turns. 2. Maximum Qualifying Time: Two minutes 5. Incentives (a) Only police officers who have successfully completed their probationary period with the department will be eligible for incentives related to this directive. The Chief of Police and Assistant Chiefs of Police are not eligible for the financial incentive. (b) All officers eligible to participate will be awarded one (1) additional “service second” of qualifying time for each year of service completed with the Pearland Police Department. This time will be added to the overall time allotted to complete all phases of testing and will not be added to each event’s time. (c) Officers who successfully complete the Physical Fitness Evaluation will be eligible to receive one of two different “Fitness Award” pins to be worn on the police uniform. (d) Gold Level - Officers who successfully complete all phases of the Physical Fitness Evaluation in the qualifying time (including any additional service seconds) will be awarded a gold-toned “Fitness Award” pin. The financial incentive will be in the amount of $400. (e) Silver Level - Officers who successfully complete all phases of the Physical Fitness Evaluation, but who do not meet the qualifying time (including any

EMPLOYEE WELLNESS

additional service seconds) will be awarded a silver-toned “Fitness Award” pin. The financial incentive will be in the amount of $200. (f) Upon successful completion of the Physical Fitness Evaluation, officers may apply to receive a financial incentive from the City of Pearland once per fiscal year. (g) Officers must successfully complete one physical fitness evaluation per year to continue wearing the “Fitness Award” pin.

203.3.3 SOCIAL WELLNESS Social Wellness – Refers to an individual’s need to interact in the community, create relationships with others, and engage in a well-developed support system. The police department will support this through helping family understand the work related to the employee and provide a means for employees to engage the community 1. Volunteering – The Pearland Police Department recognizes the importance and need for employees to give. Volunteering increases self-confidence and provides a natural sense of fulfillment. The department will provide employees leave when operationally feasible, to volunteer on-duty for activities directly related to their duties in police work. Leave can be during an employee’s normally scheduled hours or flexed during the same week. Supervisors approving leave and will do so taking into account staffing and operations. Employees utilizing this leave are required to do so as a representative of the City of Pearland. (a) Examples of volunteering leave which would be approved: RISE mentoring, volunteering at a food bank, Habitat for Humanity, Tip a Cop, etc. (b) Examples of volunteering which would not be approved: coaching your child’s sports team, serving as your child’s Scout leader, attending a church service, etc. 2. Family Education – The Pearland Police Department will provide a training class of information to the families of new personnel. The purpose of the training for family members is to help them understand the job of the public safety employee, the possible impacts of this employment and to provide tips, advice and strategies for helping insure employee wellness. Periodic dates, at least yearly, will be set to welcome new employee’s families.

203.3.4 SPIRITUAL WELLNESS Recognizes the human need to expand our sense and purpose and meaning in life. The police department does not advocate for any religion, however the department does have a Chaplain program with numerous faiths represented as Chaplains or with Chaplains having access to religious leaders from different beliefs. Employees who choose to may seek spiritual wellness guidance from a Police Chaplain. Chaplain information can be obtained from dispatch for the on-call Chaplain, through the Administrative Services Division Commander (or designee) or other means chosen by the employee. See 1203 Chaplain's Program for more information.

EMPLOYEE WELLNESS

203.3.5 EMOTIONAL WELLNESS Includes the ability to cope effectively with life and have a sense of fulfillment in life. The Pearland Police Department endeavors to assist employees with their emotional wellness by providing confidential resources, providing an atmosphere where employees who are struggling can seek help without judgment, and provide Critical Incident Stress Management to employees who are involved in certain incidents. 1. Confidential Resources: (a) City of Pearland Employee Assistance Program (EAP): EAP is confidential, available 24 hours a day, 7 days a week and is open to all City employees, married/divorced spouses, partners, significant others, any household member, and children. EAP provides a number of benefits. The first call should be to 1-800-343-3822 for services. Check the City of Pearland's Pearnet for more information, contact HR, or ask a supervisor. (b) COPLine: This national hotline provides a safe, confidential place for officers (active and retired) and their families to get help. Phone lines are answered by trained, retired police officers. COPLine is a 501(c)3 non-profit organization. Eligible persons can receive help by calling 1-800-267-5463. For more information on the program see their website at www.copline.org. (c) SAMHSA: The Substance Abuse and Mental Health Services Administration is a free, confidential, 24/7, 365-day-a-year treatment referral and information service for individuals and families facing mental and/or substance use disorders. The National Helpline is 1-800-662-4357. The service provides referrals to local treatment facilities, support groups, and community-based organizations, as well as free publications and other information. (d) National Suicide Prevention Lifeline: Available to everyone, this national network of local crisis centers provides free and confidential emotional support to people in suicidal crisis. The 24/7 support can be reached at 1-800-273-8255. (e) The Crisis Text Line: is free, confidential, and available 24 hours a day, Text HOME to 741741 to text with a trained counselor. (f) Safe Call Now: A Confidential 24-hour crisis referral service for all public safety employees, emergency services personnel, and their families. Call 206-459-3020 for services. 2. Critical Incident Stress Management (CISM): CISM is a model of intervention designed by the ICISF (International Critical Incident Stress Foundation). The model is an integrated multi component program of support that works best when its components are blended together and provided in a sequential and logical order, a continuum of care. ICISF provides training, oversight, and administration of the blend of interventions. The purpose of this section of policy is to provide guidelines that shall be uniformly applied to the management of stress resulting from critical incidents. Providing support following any critical incident will assist in minimizing the chances involved personnel will suffer from the negative physical, cognitive, emotional, and behavioral reactions that may occur. Law enforcement duties often expose officers and support personnel to mentally painful and highly stressful situations that cannot

EMPLOYEE WELLNESS

be resolved through normal stress coping mechanisms. Unless adequately treated, these situations may cause disabling emotional and physical problems. It has been found critical incidents such as officer-involved shootings, vehicle accidents, line-of- duty deaths, and gruesome homicides may cause adverse reactions and behaviors in officers. It is the responsibility of this department to help manage critical incident stress by providing personnel with a critical incident stress management (CISM) program. The CISM program shall be utilized to provide personnel with information on reactions to the trauma associated with critical incidents and assist in the deterrence of negative responses. It is the policy of this department to take immediate action after such incidents to safeguard the continued mental well-being of all involved personnel. (a) Critical Incident: Important, often stressful events which have the potential to overwhelm one’s usual coping mechanisms resulting in psychological distress and an impairment of normal individual, as well as collective, adaptive functioning. Critical incidents may include individual or mass violence, medical emergencies, sexual assault, challenges to law and order, terrorism, large-scale disasters, and even warfare. (b) Critical Incident Stress Debriefings (CISD): The CISD is a structured, interactive group crisis intervention process for homogeneous groups only. It is an active, temporary, and supportive group crisis intervention process that focuses on building up a group’s resistance to traumatic stressors. It focuses on the group’s resilience, unit cohesion, unit performance, and the ability of the group to recover from traumatic event and resume normal functions. (c) Involved Personnel: Any employee who is directly affected by a critical incident. This may include officers who are on the scene at the time of the incident, those individuals who respond to the scene immediately following the incident, and/or support personnel participating in the response to the incident, such as emergency dispatchers. (d) Critical Incident Response Team (CIRT): A formal group of individuals consisting of department members who have undergone training in peer support methods. (e) Post-Traumatic Stress Disorder (PTSD): PTSD is a severe psychological response to a traumatic event. While PTSD is now considered a spectrum disorder, crisis intervention may mitigate the development of PTSD by quickly helping to alter the interpretation of the traumatic event before it becomes concretized. (f) Qualified Mental Health Professional (QMHP): Any individual who meets the definition of a QMHP as defined by the Texas Administrative Code. 3. CISM Procedures (a) Immediate Response Following a Critical Incident 1. During any period where it is reasonable to believe Involved Personnel may experience physical, cognitive, emotional, and/or behavioral reactions to a critical incident, the department shall provide personnel with the proper mental health resources. It is the duty of the Division Commander of the Involved Personnel to insure assistance is afforded.

EMPLOYEE WELLNESS

2. When the Involved Person is the subject of an incident described in 503 Deadly Force Incidents, the supervisor should follow that policy regarding interactions with the Involved Person; this is to insure the rights of the employee are honored 3. If the Involved Personnel are not the subject of an incident described in 503 Deadly Force Incidents, then when possible, a supervisor shall meet briefly with Involved Personnel to ask supportive open-ended questions concerning the critical incident (How are you doing? Is there anyone I can get for you to talk to?), discuss any standard investigation that will occur, and advise the employee they may seek legal counsel if necessary. 4. At all times, when at the scene of an incident, the supervisor should interact with all involved personnel in a manner that acknowledges the potential stress caused by the incident and refrain from passing judgment regarding the critical incident or the reactions of individuals. (b) Post Incident Procedures 1. The supervisor shall notify the appropriate person in his or her chain of command so a QMHP or if no QMHP is available a member of a CIRT can be contacted as soon as possible in order to schedule a one-on-one or group debriefing for all involved personnel. The on-scene supervisor shall brief the QMHP/CIRT member on all important and relevant aspects of the critical incident. 2. All involved personnel shall be required to attend a one-on-one and/or group debriefing provided by the department’s QMHP/CIRT member as soon as reasonably possible. After a QMHP/CIRT member meets with the involved personnel, and with the involved personnel’s understanding and release, the department shall be advised of whether it would be in the best interest of certain individuals to have time off work and the best continued course of counseling and intervention. 3. Follow up counseling services should be made available to every individual who was involved in the critical incident. The initial follow-up should be face-to-face. 4. In order to promote trust and encourage the use of CISM services, all one-on-one debriefings and other individual counseling sessions shall be kept confidential and shall not have any bearing on the involved personnel’s fitness-for-duty evaluation. Any information provided to the QMHP/CIRT member will be used solely for return-to-work status recommendations. Whenever possible, the QMHP/CIRT member involved in the CISM program should not conduct this department’s fitness-for-duty examinations. 5. This department strongly encourages the families of the involved personnel to take advantage of any available department mental health/ counseling services. It is recommended that family/relationship joint

EMPLOYEE WELLNESS

counseling services be offered to the involved personnel and their families or significant others whenever possible. 6. Any department investigation of the incident shall be conducted as soon as practical. This department shall make every effort to expedite the completion of any administrative or criminal investigation with the understanding that it can decrease the negative distress reactions that the involved personnel may experience. (c) Daily Stress Recognition 1. Physical, cognitive, emotional, and behavioral reactions or problems may not arise immediately. In addition, involved personnel may attempt to hide their negative responses to the critical incident. Supervisors are responsible for monitoring the behaviors of personnel for any adverse reactions or symptoms. 2. A Division Commander may mandate that involved personnel meet with a department provided QMHP/CIRT member upon recognizing behavioral indicators that suggest stress may be disrupting the individual’s job performance. (d) Training 1. This department shall provide employees with training pertaining to the negative physical, cognitive, emotional, and behavioral reactions that may occur following a critical incident and the uniform procedures contained in this policy. This training should be offered on a regular basis. 2. Supervisors and administrators shall be trained to identify physical, cognitive, emotional, and behavioral reactions to critical incidents. 3. Supervisors are responsible for making available to their personnel information about the department’s peer support, chaplains, and mental health services.

203.3.6 FINANCIAL WELLNESS Involves a person’s ability to feel satisfaction with current and future financial situations. Stress related to finances is a leading cause of divorce in the United States. Financial stress can lead to poor decisions and create a feeling of hopelessness. The City of Pearland strives to provide fair wages and benefits for services rendered by an employee. In addition, the Pearland Police Department is dedicated to helping employees understand the importance of financial management. At least yearly, the department will host financial wellness training and the training will be mandatory for new employees.

203.3.7 CITY OF PEARLAND WELLNESS PROGRAMS The City of Pearland hosts a Wellness Program and numerous activities throughout the year. The Police Department fully supports this effort and will provide (as operationally feasible) on-duty time to participate or when events take place outside of an employee’s normal work hours, flexed

EMPLOYEE WELLNESS time to participate. Employees are encouraged to take part in these activities and complete a wellness physical annually.

STATUS CHANGE

204.1 PURPOSE The purpose of this directive is to guide officers in the proper procedures regarding the application to alter salary due to a change in classification, education and incentive degrees or certificates. This procedure is to be followed by every employee so that he/she can receive his or her benefit at the proper time.

204.2 DEFINITIONS A. College - Includes all institutions of higher education accredited by one of the regional accreditation agencies and does not include “mail order” schools. B. Probationary Period - Time period defined by Local Government Code Sec. 143.027. C. Status Change - A change in rank, position, or education/incentive that would alter an officer’s pay. D. TCOLE - Texas Commission on Law Enforcement, also referred to in this procedure as “The Commission.”

204.3 PROCEDURES

204.3.1 PAY CLASSIFICATION PLAN 1. Officer’s base pay will be calculated from the Pay Classification Plan contained in the annual budget of the City of Pearland. An increase to the next step of the Pay Classification Plan is based on the officer’s date of rank. Pay Classification Plan increases, also referred to as a step increase, will occur automatically without any further action from the officer. However, officers should stay mindful of their pay rate and review for accuracy regularly.

204.3.2 COLLEGE HOURS OR DEGREES 1. The Pearland Police Department offers an Education Incentive Pay program to its police officers whereby an officer receives pay in an amount above their base pay for having or obtaining a college degree. 2. Officers cannot collect college degree pay incentives until they first obtain an Intermediate, Advanced, or Master Certificate from TCOLE. 3. All college degrees must be issued by an approved institution of higher education accredited by one of the regional accreditation agencies and may not be “mail order” degrees. 4. Officers shall be responsible for notifying the Training Officer if they receive a college degree while employed by the Pearland Police Department. A copy of the officer’s transcript showing proof of a degree must be submitted to the Training Officer. A Personnel Action Form (PAF) shall be generated by the Training Officer and the Administrative Assistant responsible for the employee’s payroll for approval by an

STATUS CHANGE

Assistant Chief and submittal to the Human Resources Department for the incentive pay to be added to the officer’s salary. 5. If an officer has more college hours than TCOLE reflects in their records, the officer shall complete an F-7 Report of Education Form and send the form to TCOLE. 6. Officers bear the responsibility of submitting the appropriate documentation to process the Education Incentive Pay. The Education Incentive Pay increase will be effective when the paperwork is received by Human Resources, and no back pay will be awarded for any late submissions.

204.3.3 TCOLE CERTIFICATE QUALIFICATIONS 1. The Department shall pay incentives to officers for obtaining Intermediate, Advanced, or Master Peace Officer proficiency certificates from TCOLE. 2. The department will assist officers in certification matters; however it shall be the employee’s primary responsibility to insure that all certifications and proper notifications are made. 3. It shall be the officer’s responsibility to give the Training Officer notice of any advanced certificates for which he/she may have qualified. The Training Officer, along with the Administrative Assistant responsible for the employee’s payroll, will prepare a Personnel Action Form (PAF) to be approved by an Assistant Chief for submittal to Human Resources to request the officer’s certification pay increase. The certification pay increase is effective when the completed PAF and any required attachments are submitted to Human Resources, and no back pay will be awarded for late submissions. 4. Officers who believe they are eligible for the next certificate should contact the commission to see if they qualify. 5. A Proficiency Certificate Requirement List from TCOLE is available for download from: https://www.tcole.texas.gov/content/proficiency-certificates. 6. The address and telephone number to TCOLE are available on the web at: https:// www.tcole.texas.gov/.

OVERTIME

205.1 PURPOSE The purpose of this order is to establish a policy for the reporting of overtime worked as well as to insure no employee will be unnecessarily exposed to an excessive amount of on-duty time, or off duty employment, that would increase the probability of fatigue.

205.2 DEFINITIONS A. Extra Duty Employment Aka Extra Job- Any kind of employment outside of regular working hours. Extra duty employment also includes apartment security, teaching, and other similar activities for which compensation other than monies is received for performing police-related functions. B. Compensatory Time – Paid time off accrued in lieu of overtime pay. Compensatory, or “Comp” time is earned at a rate of 1.5 hours per hour worked.

205.3 PROCEDURES

205.3.1 OVERTIME AUTHORIZATION 1. Every employee eligible for overtime pay must receive authorization before working overtime hours from their immediate supervisor or a duty supervisor. The reasons for the overtime shall be detailed when requesting the overtime approval. The authorizing supervisor shall specify the reasonable maximum amount of overtime approved. An overtime request form will be completed by an employee before leaving work or, if not reasonably feasible, immediately upon return to work

205.3.2 REVIEW OF OVERTIME 1. A supervisor will review all overtime/comp time request forms. After reviewing the form, the supervisor shall sign the overtime/comp time request form and forward it without unnecessary delay to the employee’s designated payroll administrator. If the reviewing supervisor has concerns about the overtime request, the supervisor will still approve the overtime request form, but will also forward a copy of the form and the reviewing supervisor’s concerns to the requesting employee’s immediate supervisor.

205.3.3 EXCESSIVE WORK HOURS 1. No employee shall work more than sixteen (16) hours, including extra duty employment, within a 24-hour period unless authorized by their immediate supervisor or duty supervisor. The 24-hour period starts when work begins either at an extra job or an on-duty assignment. Any employee who is approaching 16 hours of work within a 24-hour period, shall notify a supervisor for guidance. An authorization to work beyond 16 hours within a 24-hour period should only come if an extreme need has been established. 2. Any sixteen (16) hour work period must be followed by a suitable period of rest of at least eight (8) hours.

OVERTIME

3. A supervisor may prohibit an employee from working overtime hours or extra duty employment, if such overtime or extra duty employment affects the employee's fitness for duty.

205.3.4 COMPENSATORY TIME ACCUMULATION 1. Federal laws and City Ordinances dictate which employees are permitted to accumulate compensatory time. 2. Employees who are authorized to accumulate compensatory time must adhere to all the overtime requirements above, with the exception the overtime request form should indicate the overtime be assigned as “Compensatory Time” rather than "Pay".

205.3.5 PAYROLL DISCREPANCIES 1. Any employee who has a discrepancy in pay or accrued benefits shall contact the employee’s assigned payroll administrator (or, if absent, the employee’s direct supervisor). No employee shall contact City Hall personnel on pay discrepancies until resolution is attempted via the payroll administrator (or direct supervisor) first.

ON CALL & CALL BACK

206.1 PURPOSE The allocation of personnel in a police department is of vital importance and concern, not only to the police executive but also to the city administrator and to the taxpayer. The availability of police personnel affects crime, safety and services to the people of the community. Because of the emergency nature of the police profession, a policy must exist to insure that the Department has the resources to call for additional personnel or expertise when needed.

206.2 DEFINITIONS A. Call Back - An unscheduled or emergency return to work outside of normal working hours at the direction of a supervisor. Employees subject to call back will only be compensated when called in to work. B. On Call Roster - A rotating schedule listing the names and dates an employee will be on call and subject to report back for duty. C. On Call - Time during which an employee is subject to Call Back and is required to be available to respond to the request of a duty supervisor within (40) forty minutes. Employees subject to on call will be compensated according to City policies.

206.3 PROCEDURES

206.3.1 SUPERVISOR'S AUTHORIZATION 1. Call out of any employee may only be authorized by a supervisor.

206.3.2 ON CALL ROSTER 1. Division commanders will insure a roster is maintained listing the names and dates each employee will be on call. All call out rosters will be available to dispatch. 2. Any employee wanting a change in the On Call Roster should submit a request to the appropriate division commander or their designee for approval. Unless an emergency exists, every effort should be made to give as much notification as possible when asking for a change in the On Call Roster. The division commander or designee shall make notification to the dispatch office with any revisions.

206.3.3 EMPLOYEE ON-CALL RESPONSIBILITIES 1. Employees On Call will respond at the request of a supervisor or their designee, within (40) forty minutes. 2. Employees shall not use intoxicants while on call. 3. Any employee who is unable to fulfill their obligation of on call shall notify their supervisor immediately of the circumstances. The supervisor will assign another employee to cover the on call status. An employee who is unable to meet their

ON CALL & CALL BACK

obligation forfeits on call compensation for that day and may be subject to disciplinary procedures, dependent upon the circumstance.

206.3.4 CALL BACK 1. All employees of the department are subject to call back. If called back, the employee must respond within a reasonable time period as set forth by the supervisor requesting the call back. 2. Dispatch will keep a list of employees with specialized skills or training that may be subject to call back as needed. 3. If an employee subject to call back is unable to respond, the employee will notify the requesting supervisor or designee of the reason for the lack of response.

LEAVE REQUESTS AND ILLNESS NOTIFICATION

207.1 PURPOSE The purpose of this order is to establish guidelines for the request of leave, to establish notification procedures for reporting illness and to establish procedures for temporary modified duty assignments

207.2 DEFINITIONS A. On Duty Injury- Any injury incurred by an employee resulting from said employee’s activity while on the job. B. Occupational Injury - Any injury directly related to an employee’s performance of a law enforcement function, whether on-duty or off-duty. C. Peripheral Injury - Injury incurred by an employee while off-duty and not performing law enforcement functions. This includes any injury that is not traceable to a definite time, place, and cause. D. Physical Report Status – A status assigned to an employee who has had excessive non-FMLA sick use, whose supervisor believed was abusing sick time, and when a Division Commander has found a preponderance of the evidence to believe that sick time has been abused. E. Temporary Modified Duty Assignments - Any temporary duty assignment that can be reasonably performed within the restrictions placed on an employee by a physician.

207.3 PROCEDURES

207.3.1 VACATION/HOLIDAY/COMPENSATORY TIME 1. Vacation/Holiday/Compensatory Time leave may be taken as earned at the convenience of the Department 2. All leave requests should be submitted for approval at least seventy-two (72) hours in advance. 3. Request for leave is made by submission of the appropriate Request For Time Off form to the member’s immediate supervisor. 4. The member’s supervisor shall review the request and either approve or deny the request without unnecessary delay. The member shall be notified of the status of the request as soon as practical. 5. Members shall not fail to report for duty without verifying that a request for time off has been approved.

LEAVE REQUESTS AND ILLNESS NOTIFICATION

207.3.2 SICK 1. Sick Leave is accrued in compliance with City Personnel policies and Civil Service Law. 2. Employees calling in sick are required to contact the on-duty supervisor at least one hour prior to the start of their scheduled tour of duty. If the on-duty supervisor is not available, the next higher supervisor in the Chain of command shall be contacted. (a) The responsibility is upon the sick employee to make direct contact with a duty supervisor. Dispatch or Records personnel are not to be used to convey unscheduled absence information, but only to be of help to affect the direct contact between the sick employee and the appropriate supervisor. (b) If the supervisor receiving the call and explanation for illness is not the employee’s immediate supervisor, the receiving supervisor shall promptly make notification to the sick employee’s immediate supervisor repeating the explanation and other pertinent data. 3. Supervisors have the discretionary responsibility to check or cause to be checked the conditions of employees who have called in sick. 4. Before leaving a tour of duty because of illness or injury, an employee should notify a supervisor unless the illness or injury prevents such notification, in which case the employee will direct that a supervisor be informed as soon as possible. 5. Verification of illness by a doctor shall be as required in the City Personnel Policy. 6. In the event the ill employee is a patrol supervisor and another supervisor cannot be found to work, the Division Commander should be notified. 7. Immediately upon returning to duty after a period of sick leave, the employee shall submit a Request for Time Off form confirming the number of hours that have been taken as sick. 8. An employee who has used at least 50 hours of non-FMLA related sick leave in the preceding six months and whose supervisor believes is abusing sick leave, may be placed on Physical Report Status. (a) A supervisor who believes an employee is abusing sick leave should present his/her findings in memorandum format to the Division Commander of the employee’s assigned division. The supervisor must articulate why he/she feels that the employee is abusing sick time and show that the employee has used at least 50 hours of sick leave in the prior 6 months that was not related to FMLA leave. When possible, the supervisor should also include documentation that the suspected abuse of sick time usage has previously been discussed with an employee. Evidence of abuse may include actions such as calling in sick during days the maximum number of personnel were permitted off, using sick in conjunction with already approved vacation or other time off, using sick leave in a pattern, using sick leave to avoid assignments, using sick leave after having been denied time off or other suspected proof of abuse. (b) The Division Commander shall set a meeting with the employee and the supervisor to discuss the allegation. After the meeting, the Division Commander

LEAVE REQUESTS AND ILLNESS NOTIFICATION

shall set forth in writing his findings, which shall be based on a preponderance of the evidence. If the Division Commander finds that sick time has been abused, he/she will impose Physical Report Status restrictions. Restrictions will include: 1. Verification of illness by a doctor for each use of sick leave while on Physical Report Status 2. That the employee call in to an on-duty supervisor prior to leaving home, if they called in sick while under this status. 3. A prohibition from driving a City owned vehicle to the employee’s home as a “take-home” car, regardless of assignment. 4. A prohibition that the employee work any extra jobs during the Physical Report Status, including or not including apartment courtesy/security jobs. 5. Physical Report Status will be in effect no less than 3 months, nor more than 12 months. (c) An employee who disagrees with the finding of the Division Commander may write a memorandum through his/her chain-of-command to the Asst. Chief over the Bureau in which the employee works. The Asst. Chief’s decision is final.

207.3.3 TEMPORARY MODIFIED DUTY ASSIGNMENTS 1. All personnel are governed by City of Pearland policy regarding Workman’s Comp and temporary modified duty assignments (light duty). Classified employees Line of Duty Illness or Injury Leaves of Absence are governed by Local Government Code 143.073. 2. A classified employee that incurs an On-Duty Injury or an Occupational Injury may be granted a Temporary Modified Duty Assignment as approved by City of Pearland Human Resources until such a time as a full release to duty is permitted. The employee may also utilize leave granted under Local Government Code 143.073(a). 3. Employees granted a Temporary Modified Duty Assignment shall work an administrative schedule unless approved by a Command Level Supervisor. Such employees will not work on City Holidays regardless of their regular assignment. 4. A classified employee who sustains a Peripheral Injury that prohibits performance of that employee’s regular duties will not be granted a Temporary Modified Duty Assignment while recovering from that injury

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. LEAVE REQUESTS AND ILLNESS Published with permission by Pearland Police Department NOTIFICATION - 71 Policy Pearland Police Department 208 Policy Manual

POLICE RELATED EXTRA DUTY EMPLOYMENT

208.1 PURPOSE The Pearland Police Department allows officers and professional staff to engage in extra duty employment as long as the extra duty employment does not interfere with the performance of their duties and responsibilities as police department employees, and such extra duty employment does not involve any conflict of interest between the extra duty employment and the policies and mission of this Department. It is the purpose of this General Order to set forth guidelines, conditions, and restrictions relating to extra duty employment. (RP 4.05a)

208.2 DEFINITIONS A. Extra Duty Employment Aka Extra Job- Any kind of police related employment outside of regular working hours. Extra duty employment also includes apartment security, teaching, and other similar activities for which compensation other than monies is received for performing police related functions. B. Temporary Extra Job- Meaning at least one and no more than thirty (30) days of consecutive extra duty employment. C. Permanent Extra Job- Any police related extra duty employment lasting more than thirty (30) days. D. Professional Staff Extra Employment– Any paid employment outside of the Department by civilian personnel related to their duties with PPD.

208.3 PROCEDURES

208.3.1 EXTRA JOB LIAISON 1. The Extra Job Liaison will be an officer(s) selected by a majority of members of the Pearland Police Officers Association (PPOA) and approved by the Extra Job Reviewer. 2. The Liaison is permitted to fill job vacancies and accept applications while on duty and may utilize department resources to complete this task. No overtime is approved to fill job vacancies outside the Extra Job Liaison's regular duty hours:

208.3.2 EXTRA JOB REVIEWER 1. The Extra Job Reviewer will be appointed by the Chief of Police and will be responsible for approving or denying extra jobs submitted by the Extra Job Liaison, Extra Job Coordinator, or professional staff member.

208.3.3 EXTRA JOB COORDINATOR & EXTRA JOBS (RP 4.05C) 1. An Extra Job Coordinator is an officer who coordinates and fills slots for a permanent extra job. If an Extra Job Coordinator was not picked for this role by the extra job employer, then the role is chosen at the discretion of the Extra Job Liaison. The Extra Job Liaison may not receive any form of compensation for choosing the Extra

POLICE RELATED EXTRA DUTY EMPLOYMENT

Job Coordinator. An Extra Job Coordinator will coordinate the job but will not have supervisory responsibility unless the Extra Job Coordinator is of the appropriate rank under the circumstances. 2. The Extra Job Coordinator of each permanent extra duty employment location will submit a roster of all officers regularly employed to the department’s Extra Job Reviewer. If permanent changes are made (those over 30 days in length) a supplemental roster shall be submitted within three business (3) days of the change. The Extra Job Coordinator is responsible for all positions and assignments, permanent or temporary, at a permanent job location. If the Extra Job Coordinator wishes to open the job by posting, it will be posted in compliance with Subsection (J). The department will not determine which officer will work any extra duty employment location outside of the restrictions/prohibitions in this policy. 3. Permanent extra duty employment positions coordinated by an Extra Job Coordinator do not require posting and officers working a permanent extra job may be relieved from that employment by the Extra Job Coordinator

208.3.4 APPLICATIONS (RP 4.05C) 1. All police officer extra duty employment requests received from outside the department will be directed to the designated Extra Job Liaison. The Extra Job Liaison will record the job request information and complete the application. The Extra Job Liaison will seek approval from the departmental Extra Job Reviewer if they are unsure the employment is within guidelines of this policy. If the Extra Job Reviewer is unavailable, approval may be obtained by the on-duty supervisor. The Extra Job Liaison will forward all completed extra job applications to the Extra Job Reviewer for retention. 2. All extra duty employment applications from officers, or where officers are requested by the party contracting the extra job, will be directed to the Extra Job Reviewer for approval and retention. 3. All Professional Staff shall submit extra employment applications to the Extra Job Reviewer, through their chain of command, for approval. 4. Requests for extra duty employment outside the Pearland ETJ will be submitted at least five (5) calendar days prior to the date of employment to allow time for review. The Extra Job Reviewer will review each request on a case-by-case basis. Any application for police related extra duty employment located outside of the city limits may be denied on the grounds of extreme liability or for any restriction listed in this order. 5. Permanent, police and professional staff, extra jobs must be renewed with the Extra Job Reviewer on an extra job application at the start of each calendar year. The renewal process shall be completed no later than January 31 of each year. 6. The City of Pearland assumes no responsibility for an injury sustained as a result of an approved extra duty employment UNLESS the injury is a result of the officer taking police action in the officer’s official capacity. 7. Extra job applications shall be retained for a period from the date of separation from the Department +2 Years and should not be removed or destroyed by any personnel except the Extra Job Reviewer

POLICE RELATED EXTRA DUTY EMPLOYMENT

208.3.5 DENIAL OR REVOCATION OF POLICE RELATED EXTRA DUTY 1. The Extra Job Reviewer or on-duty supervisor will not approve any application for extra duty employment that does not meet the requirements of this Policy or any other conditions that may be imposed. If an application is later revoked, the Extra Job Reviewer will notify the officer’s supervisor and the officer. 2. If the Extra Job Reviewer denies an application for a police or professional staff extra duty employment, he/she will immediately put the reason for the refusal in writing and forward the application and all related documents to the office of the Chief of Police. This may be done in electronic format. 3. A supervisor may order the extra duty employment permission to be revoked if it is found the extra duty employment is interfering with the employee’s regular duties. The supervisor shall immediately put the reason for the revocation in writing, along with any pertinent related documents and forward them to the office of the Chief of Police. This may be done in electronic format. 4. Officers or professional staff failing to renew permanent extra jobs will have their permission to work the job revoked by the Chief of Police or Extra Job Reviewer.

208.3.6 CIRCUMSTANCES PROHIBITING EXTRA DUTY EMPLOYMENT (RP 4.05B) 1. The business or location is not suitable as determined by the Chief of Police or the Extra Job Reviewer for extra employment or a potential conflict of interest exists, examples include: (a) Permits, licenses or other regulations are imposed on the business or are required, and the business is not in compliance with the licenses, permits or regulations. (b) The business has been found to be consistently or frequently in violation of Federal, State, or City statutes. (c) The owner or manager of the business is of a questionable character. (d) The work location is on the facilities or property of a foreign government. (e) The employer is an establishment involved in a gambling enterprise, other than licensed bingo, to include the surrounding parking area of such employer. (f) The business or its management expects the officer to enforce “house rules.” House rules are defined as any rules not specifically authorized by Federal, State, or City statutes or by departmental policy. (g) The individual or business for whom the officer works refuses to cooperate in an investigation related to the extra duty employment. (h) Topless, bottomless or nude performers entertain or otherwise appear on the premises. (i) The business or its management restricts the officer from certain portions of the premises to which other members of the public have access. The business or its management may restrict officers from employee only areas such as the kitchen of a restaurant.

POLICE RELATED EXTRA DUTY EMPLOYMENT

(j) The employer is an establishment whose primary purpose is the sale and on- premise consumption of alcoholic beverages, including the surrounding parking areas of such employer, unless: 1. At least two (2) uniformed officers are working simultaneously at the establishment, or 2. The establishment serves alcohol; however, its primary source of income is received from other sources (such as a restaurant). In this case, one officer may work the extra job. (k) The location or nature of the extra duty employment might be highly controversial. 2. Part of the extra duty employment occurs during the officer’s scheduled duty hours and no authorized leave is taken. 3. An officer agrees or arranges with an employer to pay a flat rate for services to one officer acting as the Extra Job Coordinator from which the officer will pay other officers. Each officer must be paid individually by the employer. Permanent Extra Job Coordinators may charge a flat fee or a higher hourly rate for compensation as a coordinator.

208.3.7 RESTRICTION AND DUTIES 1. Extra duty employment is a privilege. The Chief of Police retains the right to withdraw permission for an employee to work off duty at any time that it is concluded such employment adversely affects public interest, departmental operations or if such employment would bring ridicule or unfavorable publicity to the police department. 2. No officer or professional staff member may work extra employment when that employee: (a) Is on sick leave or has used sick leave within the previous six (6) hours; (b) Is utilizing FMLA status; (c) While on Physical Report Status; (d) While assigned to Light Duty; (e) Is a student officer subject to the Field Training Program; (f) Has been placed on administrative probation, suspended, or otherwise relieved of normal duties, or has been instructed verbally or in writing not to work extra duty employment; (g) The officer has failed to meet the departmental minimum score at the last department sponsored firing range session, whether for practice or qualifications.

POLICE RELATED EXTRA DUTY EMPLOYMENT

3. An officer who is on Civil Service probation may not work any extra job that sells or serves alcohol beverages or that takes place outside of the ETJ of Pearland. (RP 4.05b) 4. Under no circumstances will any officer work an extra job during his regular tour of duty. “Checking by on duty,” ”keeping an eye on the place,” or any other tasks that impede or otherwise interfere with the officer’s performance of his regular duty assignment is prohibited. Carrying a communication device purchased or maintained for the specific purpose of responding to an extra job employer while on duty is prohibited. 5. An officer who works an extra job is subject to and shall comply with all current orders and regulations of the department, City of Pearland, and the Civil Service Commission. 6. Other than uniforms and permanently assigned equipment, no city equipment of any kind can be used while the officer is in the actual performance of an extra employment job unless approved by the Chief of Police or his designee. 7. Unless otherwise approved by the Extra Job Reviewer and only for extra duty employment that can show a need, officers are required to wear their police uniform while working an extra duty employment. 8. Officers working an extra job shall not refuse to assist any citizen requesting or needing assistance. An officer working an extra job who observes or is informed of an incident that requires a report shall supplement the report for the on-duty officer taking the report, if the supplement would normally be required for the type of incident. If the extra job officer makes an on-view arrest he/she will remain responsible for filing the proper charges unless relieved of such responsibility by the on-duty supervisor. If transportation of a prisoner is required, it is the responsibility of the extra job officer to give the necessary booking information to the on-duty transport and booking officer. 9. All officers working extra jobs (other than those such as apartment residency) shall be logged on to CAD by radio number with the address of the location at the start of their extra job shift and log out at the end of their shift. 10. Officers shall monitor the police radio primary channel while working extra jobs, unless a different radio channel is assigned to the extra job.

208.3.8 ADDITIONAL RESTRICTIONS ON EXTRA EMPLOYMENT OUTSIDE OF THE CITY (RP 4.05B) 1. Under no circumstances will officers be allowed to work jobs outside of the city limits where the primary income is from the sale and/or consumption of alcohol on premise. 2. Extra duty employment will not be approved or continued if a conflict arises with any agency of jurisdiction. 3. Officers observing incidents requiring police action outside the city limits will contact the agency of jurisdiction and provide all information required by that agency. If an officer needs to contact an agency of jurisdiction, they shall also contact a Pearland on-duty supervisor to notify them of the circumstances as the situation permits.

POLICE RELATED EXTRA DUTY EMPLOYMENT

4. All incidents involving any use of force outside of the city limits will be reported immediately to the Pearland on-duty supervisor and a detailed report shall be forwarded to the Chief of Police via appropriate mechanisms.

208.3.9 EXCESSIVE WORK HOURS 1. No employee shall work more than sixteen (16) hours, including extra duty employment, within a 24-hour period unless authorized by their immediate supervisor or duty supervisor. The 24-hour period starts when work begins either at an extra job or an on-duty assignment. Any employee who is approaching 16 hours of work within a 24-hour period, shall notify a supervisor for guidance. An authorization to work beyond 16 hours within a 24-hour period should only come if an extreme need has been established. 2. Any sixteen (16) hour work period must be followed by a suitable period of rest of at least eight (8) hours. 3. A supervisor may prohibit an employee from working overtime hours or extra duty employment, if such overtime or extra duty employment affects the employee’s fitness for duty

208.3.10 EXTRA JOBS REQUIRING SUPERVISORY STAFFING 1. When an extra job requires four (4) to nine (9) Pearland officers simultaneously engaged in extra duty employment at the same location, at least one must be of the rank of Sergeant or above. An extra job that requires ten (10) to nineteen (19) Pearland officers must have at least two (2) supervisors present. An extra duty employment that requires twenty (20) or more Pearland officers must have at least three (3) supervisors present, with at least one supervisor being the rank of Lieutenant or higher. The highest-ranking supervisor shall act as coordinator for the event and is responsible for supervisory duties. In the event of two or more supervisors the same rank, one shall be designated as coordinator, but both have supervisory responsibilities. Extra jobs requiring supervisors, always require the supervisor to be present during the event, unless an exception is provided by the Extra Job Liaison. 2. Any extra duty employment that requires a supervisor present requires the supervisor coordinating the extra job keep a roster and forward the roster to the Extra Job Reviewer for attachment to the extra employment application form.

208.3.11 JOB POSTING & SIGN-UP 1. Available temporary jobs will be sent out by e-mail by the Extra Job Liaison. The Liaison will fill the job on a first come basis by response to the e-mail.

208.3.12 EXTRA JOB RATE OF PAY 1. The extra job rate of pay for temporary extra jobs is set by the Pearland Police Officer’s Association (PPOA). The rate for permanent extra jobs may be determined by that job’s Extra Job Coordinator in conjunction with the extra duty employer. An officer need not be a member of the PPOA to be eligible to work any extra job

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AWARDS SYSTEM

209.1 PURPOSE The Pearland Police Department recognizes and honors members of the department and residents of the community who have provided exceptional service to the city and the department. This General Order establishes guidelines regulating the rendering of appropriate awards and commendations.

209.2 DEFINITIONS None

209.3 PROCEDURES

209.3.1 AWARD'S COMMITTEE 1. The Awards Committee shall consist of five (5) voting members, each appointed by the Chief of Police to serve two-year staggered terms beginning June 1 of each year. 2. Composition of the board will include the Assistant Chief of Police, who shall serve as ex-officio. One member from the Patrol Division; one member from the Criminal Investigation Division; one member from Specialized Units (SRO/Traffic/SIU); one member from the Civilian Employees; and one member from Administrative Services. 3. Vacancies occurring during the two-year term will be filled by the Chief of Police from the Division losing the position.

209.3.2 AWARDS AND COMMENDATIONS 1. Medal of Honor - This award may be presented to any employee of the department who, while directly involved in the performance of his/her duty, acted in a voluntary manner and has distinguished himself/herself by conspicuous gallantry and extraordinary heroism and, (a) Acted in excess of normal policing and community demands and the action was of such a nature that the employee was fully cognizant of the imminent threat to his/her personal safety; and (b) The employee’s action constituted involvement beyond the normal call of duty and presented a clear risk of life. (c) The Medal of Honor may be awarded posthumously. (To be presented during National Police Week) 2. Medal of Valor - This award may be presented to any employee of the department that: (a) Saves a human life or prevents the consequence of a major crime while distinguishing himself/herself by taking exceptional actions while fully cognizant of the imminent danger to his/her personal safety, or (b) Distinguished himself/herself by taking exceptional actions that result in the apprehension of a dangerous felon under unusual and dangerous

AWARDS SYSTEM

circumstances, while fully cognizant of the imminent danger to his/her personal safety. (To be presented during National Police Week) 3. Purple Heart Award - This award may be presented to any employee of the department who is seriously injured (injury will be merited by severity and consequence according to board members) during the performance of his/her duty. (a) The Purple Heart may be awarded posthumously. (To be presented during National Police Week) (b) This award may be presented in conjunction with the Medal of Honor or the Medal of Valor. 4. Lifesaving Award - This award may be presented to any employee of the department that: (a) Rendered exceptional first aid; or (b) Because an employee’s direct efforts resulted in the saving of a life. (To be presented during National Police Week) 5. Chief of Police Citation - This award may be presented to any employee of the department that: (a) Distinguished himself/herself by diligent performance of a duty of greater responsibility with that duty reflecting extraordinary excellence in the employee’s performance and brings recognition to the department, or, (b) Has distinguished himself/herself by a heroic deed and exceptional conduct involving unusual courage, risk, and danger to his/her personal safety. 6. Citizen Commendation Award - This award may be presented to any private citizen who by his/her actions assisted the Pearland Police Department in the saving of a life, hindered the commission of a crime, assisted in the apprehension of a dangerous criminal suspect, or similar acts. This award may also be presented to other civilian employees or volunteers of the City of Pearland. (To be presented during National Police Week). 7. Citizen Recognition Award - This award may be presented to any private citizen, who through his/her actions/talents contributes to the betterment of the Pearland Police Department. 8. Officer of the Year - This award may be presented annually to any sworn Pearland Police Officer. (a) The prerequisite for this award may entail any combination of acts previously listed in this directive. (b) Two or more officers may, when acting as a team, receive this award when deemed necessary by the Awards Committee. (To be presented during National Police Week). 9. Employee of the Year - This award may be presented annually to any civilian employee of the department. The prerequisite for this award shall be identical to the Officer of the Year Award. (To be presented during National Police Week).

AWARDS SYSTEM

10. Unit Citation - This award may be presented to any division, shift, or group within the department that has distinguished itself by outstanding performance resulting from a combined effort of its members and reflecting exceptional bravery or outstanding service to the department and/or community. 11. Shift/Unit Employee or Officer of the Year - Each shift, division, or specialized unit may nominate an employee to recognize as having distinguished service to that shift or unit. 12. Rookie of the Year (a) This award may be presented annually to any sworn Pearland Police Officer with less than one year of service with the department immediately preceding his meritorious act or award nomination. (b) Two or more officers may, when acting as a team, receive this award when deemed necessary by the Awards Committee. (To be presented during National Police Week).

209.3.3 NOMINATION PROCESS 1. All members of the department are encouraged to nominate department employees and citizens they believe have demonstrated actions that are deserving of public recognition. 2. All nominations are to be submitted to the Chief's secretary via a written memorandum. Support documentation, such as offense reports, medical reports, witness statements, and any other pertinent information, should be attached to the nomination. The Chief’s Secretary shall then forward the nomination to all members of the Awards Committee after recording the transaction. 3. If nominations are received which appear to be valid yet lack sufficient data to adequately determine the appropriate commendation, a member of the committee shall contact the person making the nomination and request additional information to support the nomination. 4. Letters of Commendation for an employee’s action that are received from a citizen or others outside the department should be reviewed by the employee’s Division Commander. If the commendation is determined to be worthy of awards consideration, the Supervisor will write a memorandum and forward it along with the original letter to the Chief’s secretary. 5. Nominations for any award to be presented during the National Police Week Awards Ceremonies in May must be received by the Awards Committee no later than April 1. 6. Award Selection Procedure (a) The Awards Committee shall consist of five (5) voting members. The ex-officio shall vote only in the absence of a voting member. (b) In the event a member of the Awards Committee is nominated for an award, that member shall not participate in the selection process while his/her nomination is considered.

AWARDS SYSTEM

(c) The decision of the Awards Committee regarding validity of a nomination and/ or ratification of an award may only be appealed to the Chief. (d) The ex-officio member shall review all awards to determine appropriateness of the award. The ex-officio member shall report to the Chief of Police the nomination of any award that, due to investigative or disciplinary considerations, may be inappropriate. (e) While the Awards Committee may request additional supporting information for an award, they shall not solicit specific nominations for awards. (f) Awards will not be considered without nominations or supporting documentation. 7. The recipients of the Chief of Police Citation, Unit Citation, Citizen Recognition Award, and Community Service Award, shall receive recognition during the National Police Week ceremonies.

209.3.4 AWARD'S PRESENTATION 1. The designated awards shall be presented to the recipients during National Police Week ceremonies. 2. The Awards Committee shall notify all recipients of their award prior to the presentation ceremonies. 3. The Chief of Police Commendation, Citizen Recognition, and Unit Citation Award may be presented at a time and place prescribed by the Chief of Police. 4. The Medal of Honor, Purple Heart, Lifesaving, Officer of the Year, Employee of the Year, and Citizen Commendation Award shall consist of a mounted letter in an enclosed wall plaque or a wall plaque, accompanied with the presentation speech typed on a letterhead in a presentation folder. The Chief of Police Citation, Citizen Recognition, and Unit Citation Award shall consist of a certificate and presentation speech typed on letterhead in a presentation folder. Each member of the unit receiving the citation shall be presented with a folder. The awards may also include plaques as long as each is consistent in size and shape. Each member of the unit receiving the citation shall be presented with a plaque. 5. The time and location of the Awards Ceremony shall be specified by the Awards Committee. 6. Other organizations may request awards nominations. The Awards Committee will provide these in a timely manner.

209.3.5 PORTRAITS 1. Portraits of officers killed while performing their official duties and protecting the lives and property of the citizens of the City of Pearland shall be placed on permanent display in the main lobby of the Public Safety Building. 2. The Awards Committee shall be responsible for obtaining portraits, frames and nameplates as well as for placing these in the police facility.

RETIRED OFFICER IDENTIFICATION CARDS

210.1 PURPOSE The purpose of this policy is to establish guidelines for compliance with Texas Government Code sections 614.124 and 614.1241 and Occupations Code 1701.357.

210.2 DEFINITIONS A. Honorably Retired Peace Officer shall mean a former peace officer as defined in Texas Government Code 614.124. B. Qualified Retired Law Enforcement Officer shall mean a person as defined in 18 U.S.C. Section 926C. C. Retired Officer shall mean a former eligible Pearland officer who meets the definition of an Honorably Retired Peace Officer or a Qualified Retired Law Enforcement Officer.

210.3 PROCEDURES

210.3.1 ELIGIBILITY 1. An Honorably Retired Peace Officer Identification Card or a Qualified Retired Law Enforcement Officer Card will be issued to former Pearland Police Officers who meet the statutory eligibility requirements as defined in Government Code 614.124 and 614.1241. Any decision not to issue an identification card may only be made by the Chief of Police.

210.3.2 APPLICATION 1. Retired officers meeting the criteria must complete a Retired Officer ID Card Application. 2. Retired officers must demonstrate firearms proficiency pursuant to Texas Occupations Code 1701.357 under Section C of this policy or provide a Certificate of Firearms Proficiency from another law enforcement agency. 3. A Retired Officer ID Card Application and Certificate of Firearms Proficiency must be submitted to the Administrative Services Division Commander. The Administrative Services Division Commander will verify the applicant is eligible by checking the applicants CCH and TCOLE records at a minimum. 4. The Administrative Services Commander will check to see which type of ID Card the applicant is eligible, if both the Commander will contact the Applicant for their choice. After checking for eligibility, the Commander will forward the application to the Chief of Police for final review. 5. If approved, the retired officer will be notified and will need to make an appointment to have an ID card made. If not approved, the Administrative Services Division Commander will inform the applicant why the application was not approved.

RETIRED OFFICER IDENTIFICATION CARDS

210.3.3 PROFICIENCY CERTIFICATION 1. Retired officers or those retired officers from another agency who are otherwise eligible for an Honorably Retired Peace Officer or Qualified Retired Law Enforcement Officer ID card may qualify at the department’s range as space and time allows. (a) Retired officers must contact the Senior Firearms Instructor to schedule a date and time for qualification and must supply their own ammunition. (b) Retired officers must sign a department waiver before they attempt to qualify. (c) A department TCOLE Firearms Instructor is authorized to sign the proficiency form upon satisfactory completion. (d) The Duty Qualification course for this department in compliance with Commission Rule 218.9(c)(1) shall consist of the following: 1. 25 yards – holstered – two handed – 5 rounds – 30 secs 2. 15 yards – holstered – two handed w/reload – 15 rounds – 45 secs 3. 10 yards – holstered – two handed – 10 rounds – 30 secs 4. 5 yards – holstered – strong hand only – 5 rounds – 15 secs 5. 5 yards – low ready – weak hand only – 5 rounds – 20 secs 6. 3 yards – holstered – strong hand only – 5 rounds – 15 secs 7. 3 yards – low ready – weak hand only – 5 rounds – 20 secs 2. A retired officer who fails the above course may be able to take the course up to two more times within a one-year time period at the Senior Firearms Instructors convenience

210.3.4 IDENTIFICATION CARD 1. Identification cards issued under this directive will be in a form approved by the Chief of Police and meet the criteria required by Texas Government Codes 614.124 or 614.1241 respectively. 2. If an identification card issued under this directive is lost or stolen, the retired officer must file a report with the law enforcement agency with jurisdiction and submit an affidavit stating such before a replacement card will be issued. Replacement cards will retain the same date of expiration as the lost or stolen card. 3. Retired officers issued a card in accordance with this directive must surrender the card at expiration to the department or upon election, appointment, or employment as a peace officer under Art. 2.12, Code of Criminal Procedure, or other law.

210.3.5 REVOCATION 1. An identification card shall be revoked if the retired officer no longer qualifies for the card as specified in this directive or through statute.

RETIRED OFFICER IDENTIFICATION CARDS

2. Retired officers issued an identification card under this directive who carry a weapon on their person under this authority, must carry the weapon pursuant to all statutory requirements. Violation of this rule shall be cause for revocation of the ID card.

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. RETIRED OFFICER IDENTIFICATION Published with permission by Pearland Police Department CARDS - 84 Policy Pearland Police Department 211 Policy Manual

LINE OF DUTY DEATH

211.1 PURPOSE This order recognizes that the spirit of the Pearland Police Department is one of helping people and providing assistance at every opportunity. This includes our assistance to the Department’s Police Family, especially during the time when an active member of the department suffers a serious injury or death. The purpose of this order is to offer compassionate assistance to all members of the Department’s Police Family, to prepare this Agency for the event of an active-duty officer’s injury or death in the line of duty and to direct the Agency in providing proper support for the deceased officer’s family. The Chief of Police may approve deviations from this order depending upon existing factors.

211.2 DEFINITIONS A. Beneficiary – Those designated by the member as recipients of specific death benefits. B. Benefits - Financial payments made to the family of the deceased member to insure financial stability following the death. C. Line of Duty Injury/Death - any injury or death resulting injury sustained while taking any action that the member is authorized or obligated to perform or while acting in an official capacity as a member of the department, whether on or off duty. D. Survivors - Immediate family members of a deceased member, including: children, spouse, parents, siblings, fiancé, and / or significant others.

211.3 PROCEDURES

211.3.1 DEATH NOTIFICATIONS 1. Officers and dispatchers should be aware that in the event of an on-duty death, the external monitoring of the police frequency may be extensive, particularly by the news media. 2. Upon a confirmation of death, a death notification must be made to the immediate survivors shortly after or coincidental with normal command notifications. The Chief of Police designates a ranking officer as NOTIFICATION officer. He may assign at least one other officer and a chaplain to personally accompany the NOTIFICATION officer, if circumstances permit. If the Chief of Police or appropriate Division Commander are not immediately available to make this designation, the responsibility for designating a NOTIFICATION officer remains with the senior ranking officer. Timeliness takes precedence over protocol in the death notification process. 3. Communications that cannot be made in person by the department due to distance or timeliness should be made by an agency of jurisdiction. 4. The name of the deceased officer MUST NEVER be released to the media before next of kin are notified. The Public Information Officer will coordinate with the media to withhold this information until notification has been made.

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5. If there is knowledge of a medical problem with an immediate survivor, medical personnel will be discreetly dispatched to the residence to coincide with the death notification. 6. The officer making a death notification should ask to be admitted to the house. NEVER make a death notification on the doorstep. 7. Gather everyone in the home and ask them to sit down. Inform them slowly and clearly of the information regarding the incident. Make sure to use the officer’s name during the notification. 8. If the officer has already died, relay that information. NEVER give the family a false sense of hope. Use words like “died” and “dead” rather than “gone away” or “passed away”. 9. If the person responsible for the death notification has been seriously affected by the death, they should understand that showing emotion is perfectly acceptable. If specifics of the incident are known, the officer should relay as much information as possible to the family. 10. If the family wishes to go to the hospital, they should be transported via department vehicle. It is highly recommended that the family NOT drive themselves to the hospital. 11. Should there be serious resistance and the family insists on driving, have an officer accompany them in the car. 12. The department should find out if there are any young children in the home and assist in arranging for immediate childcare needs. 13. Because of the nature of possible radio transmissions, the officer making transport should take care that the family is not exposed to radio traffic concerning the incident that may be disturbing. 14. If immediate survivors are from out of town, request PERSONAL death notification from the public safety agency in that area. Logistical arrangements should enable simultaneous telephone contact with the Pearland Police Department. 15. The NOTIFICATION officer will notify the chain of command of the specific identity, time, and place survivors were notified.

211.3.2 ASSISTING SURVIVORS AT THE HOSPITAL 1. The ranking officer at the hospital or his designee shall provide the following services to the family upon their arrival at the hospital: (a) The ranking officer at the hospital should meet with designated hospital personnel to arrange appropriate waiting facilities for the family that are separate, but not isolated, from co-workers. (b) This officer should also insure that medical personnel relay pertinent information to the family of the officer’s condition on a timely basis. (c) The officer should make the family aware of the hospital policy about visitation with the injured officer and / or visitation with the body following the demise, and explain why an autopsy is needed.

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(d) If it is possible for the family to visit their officer prior to the death, they most certainly should be afforded that opportunity. IT IS THE FAMILY’S RIGHT to visit their loved one. Agency officials should “prepare” the family for what they might see in the emergency room and accompany the family into the room for the visit if the family requests it. DO NOT BE OVERLY PROTECTIVE OF THE FAMILY. There is a definite need to touch and hold the body while there is still life, and being present when death occurs can be comforting to the family. (e) Arrange for transportation for the family from the hospital. (f) Arrange to have all medical bills relating to the services rendered to the injured or deceased officer to be sent to the appropriate office for payment. The family should NOT receive any of these bills at their residence address. 2. The officer who made the initial notification should be among those at the hospital.

211.3.3 APPOINTMENT OF COORDINATION PERSONNEL 1. The Chief of Police or his designee will make appointments under this policy in the best interest of the family of a deceased officer. 2. Family Liaison Officer Duties (a) Appointment of a family liaison officer is a critical assignment. Although the liaison officer should know the deceased officer and be aware of the family relationships, the officer should not be so emotionally involved with the loss that he / she would become ineffective. The family liaison officer must know that THIS IS NOT A DECISION MAKING POSITION. THIS IS A ROLE OF “FACILITATOR” BETWEEN THE FAMILY AND THE PUBLIC SAFETY AGENCY AND WILL WORK CLOSELY WITH DEPARTMENT LIAISON. (b) The Family Liaison Officer will contact the family of the deceased member of the department regarding the following details: 1. Explain what a police funeral entails (i.e. twenty-one gun salute, presentation of flag, playing of taps, etc). 2. Determine if the family desires a police service or the department’s assistance. 3. Identify alternative churches and reception halls that will accommodate the law enforcement funeral. These alternatives will be presented to the family, who will make the final determination. 4. Let the family choose the funeral home they desire. 5. Arrange a meeting of the family and funeral home personnel. 6. Notify Pearland 100 Club President. 7. Notify Concerns of Police Survivors (COPS) 8. Insure that a clean uniform, in good repair, is available for the deceased, if the family wants the deceased buried in uniform.

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9. Determine the family’s feelings about the media being at the funeral home, church or cemetery. 10. An officer should be assigned to maintain vigil at the house while the family is making the funeral arrangements and are attending the funeral. 11. Ask the family’s preference on pallbearers. 12. Be constantly available to the family throughout the wake and funeral. Insure that the NEEDS OF THE FAMILY come before the wishes of the department. 13. Meeting with the family and funeral director regarding funeral arrangements. Since most officers have not prearranged their wishes for the handling of their own funeral, the family will most likely need to decide all aspects of the funeral. THESE DECISIONS SHOULD REMAIN WITHIN THE FAMILY. The Funeral Liaison Officer should only make the family aware of what the department may offer in the way of assistance and resources, according to the Department Liaison. 14. Relaying all available information to the surviving family concerning the circumstances of death and any continuing investigation. The Funeral Liaison Officer should coordinate with investigating officers and prosecutors to insure that the family receives as much information as is possibly allowable during the first few days. 15. Determine and coordinate the need for travel arrangements for out-of-town family members or any other special needs during the funeral and report same to the Department Liaison. 16. Report to the Department Liaison Officer.

211.3.4 DEPARTMENT LIAISON OFFICER 1. The Department Liaison Officer will serve as a facilitator between the family and the law enforcement agency. The Assistant Chief, and in his absence, the Patrol Commander, will serve in this capacity. This officer will work closely with the funeral liaison officer to insure that the needs and requests of the family are fulfilled. This includes, but is not necessary limited to, the following: 2. Insuring that security checks of the survivor’s residence are initiated immediately following the incident and for as long as necessary thereafter. 3. Assisting in reservations of travel and lodging arrangements for out-of-town family members. 4. Contacting the pallbearers and generate a list of names if the family so desires (needed for meeting with the funeral home personnel). 5. Establishing an honor watch at the funeral home. 6. Providing a burial flag for the casket, if the family so desires. 7. Securing a photograph of the deceased from personnel files for use by the funeral director (styling of hair, restorative work, etc).

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8. Communicating with 100 Club and COPS. 9. Meeting with the family, liaison officer and funeral home director. (a) Make a note of service and interment times and places. (b) Get chaplain/minister/priest/rabbi’s name and phone number. (c) Get name of the funeral director who will be in charge of the service. (d) Determine when deceased will by ready for viewing, (e) Immediately after the meeting, give all information to: 1. Deceased members Section Commander 2. Public Information Officer 3. Communications Section 4. Report taker(FR teletypes to (f) Making arrangements for twenty-four hour honor watch and viewing of the deceased. (g) Arranging to have a door left unlocked at the funeral home; they normally close at a certain time. If the service is at the funeral home chapel: (h) Make a diagram of the chapel and accessory areas. (i) Determine where the family will enter so that attending uniformed officers may form an honor line. (j) Determine the maximum occupancy and work out arrangements for overflow crowd (secure a public address system if necessary). 10. Determine seating arrangements and overflow seating. 11. Contacting the presiding chaplain/minister/priest or rabbi. 12. Explain what a police service consists of. 13. Get the order of the funeral and interment services. 14. Contact the Honor Guard Commander and provide whatever information may be needed. 15. Contact the Traffic Division Commander and provide whatever information may be needed for family and funeral procession escorts and routes. 16. Contact the Usher Detail Coordinator. 17. Prepare an “Order of Events” schedule: (a) Make sure that all arrangements have been coordinated through the: 1. Family of deceased 2. Funeral Director 3. Chaplain, minister, priest or rabbi 4. Deceased’s Division Commander

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5. Honor Guard 6. Traffic Division (b) Distribution of “Order of Events” should be made throughout the department. 1. Phone notifications should be made if time is short. 2. Designate an officer or officers to advise out-of-town police personnel at the funeral and interment sites of special arrangements. 18. Assigning Public Information Officer, Traffic Coordinator, Honor Guard, Pallbearers, Visiting Agency Liaison, Usher Detail Ceremonial Coordinator. 19. Assisting employees (EAP) crisis management.

211.3.5 PUBLIC INFORMATION OFFICER 1. The Public Information Officer shall have the responsibility of handling the needs and requests of the news media during and following a line-of-duty death. 2. Any requests for interviews with the family shall be screened through the Public Information Officer unless the family requests otherwise. 3. In the event that the family should agree to an interview with the news media, the Public Information Officer should screen all questions presented to the family so that future legal proceedings will not be jeopardized.

211.3.6 BENEFITS COORDINATOR 1. The Chief or Assistant Chief will assign an officer to act as BENEFITS COORDINATOR. The Benefits Coordinator is responsible for insuring that the following tasks are completed. (a) Filing worker’s compensation claims and related paperwork. (b) Gathering information on all benefits/funeral payments available to the family, including the Public Safety Officers’ Benefit Act provided by the Justice Department, 100 Club. (c) Fielding all phone calls and inquiries regarding the establishment of any special trust funds or educational funds. (d) Making a clear distinction between benefits, (which are financial payments made to the family to insure financial stability following the loss of a loved one) and funeral payments, (which are funds specifically earmarked for funeral expenses). (e) Preparing a printout or other documentation of the benefits/funeral payments due the family, listed named beneficiaries, contacts at various benefits officers, and when they can expect to receive the benefit. (f) Filing all benefit related paperwork and following through with the family to insure that these benefits are being received. Private consultants/attorneys should NOT be used for this purpose if they intend to bill the family for services.

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(g) Visiting with the surviving family within a few days following the funeral to discuss benefits. The prepared printout and other documentation should be made available to the family at that time. Follow up with another visit approximately two weeks later. 2. If there are surviving children from a former marriage, the guardian of those children should also receive a printout of what benefits the child(ren) will be receiving. 3. Special attention should go to problems with possible revocation of health benefits. The vast majority of survivors are given a 30-day grace period before being canceled from the coverage or of being responsible for monthly payments for the coverage. 4. Advising the surviving family of the role of police associations and organizations such as Heroes, Inc., in making their attorney/financial counselor available to the surviving family or whatever legal/financial counseling is necessary: (i.e. establishing trust funds, educational funding, etc). This attorney should NOT be affiliated with the City of Pearland government and should work as an avid advocate for the family’s interest.

211.3.7 FAMILY SUPPORT ADVOCATE 1. The Victim Assistance Officer shall act as Family Support Advocate. The Family Support Advocate acts in as a long-term liaison with the surviving family. The Family Support Advocate should have extensive experience dealing with police victims and witnesses. The Notification Officer or Funeral Liaison Officer may also serve as Family Support Advocate. This Officer should not be a principal witness in the criminal trial. This officer’s responsibilities include: 2. Constant contact with the surviving family to keep them abreast of criminal proceedings. The family should never learn of developments in the case from the press prior to learning them from the department. 3. Accompany the surviving family to any criminal proceedings, introducing them to prosecutors, and answering any questions they may have concerning the criminal trial. (a) Cooperation with outside peer groups. (b) Insuring that the surviving family does not feel totally isolated by the department. (c) Encouraging others to make visits or help with family needs of the surviving family. 4. The Family Support Advocate should not set time limitations on when the family should "recover" from this traumatic event. The grief process has no timetable. Survivors may experience a complicated grief process. 5. Survivors should continue to feel a part of the “police family” for which the officer gave his/her life. The Family Support Advocate should keep in touch with the family, at least monthly, via phone calls through the first year, dwindling off as necessary. The needs of the survivors usually dictate the frequency of contact. 6. The Chief of Police, Family Support Advocate, and others should insure that the anniversary date of the officer’s death is observed with a note to the family and/or

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flowers sent to the grave; and that adequate support is given to the family during holidays, particularly during the first year. 7. The Chief of Police works with community groups and government leaders toward the establishment of any appropriate memorial, plaques or memorabilia and considers surviving parents with any presentations. 8. The surviving family continues to receive support and invitations from the Chief of Police to appropriate police department social activities.

211.3.8 SOURCE ***This directive is based on recommendations found in the handbook titled “Support Services to Surviving Families of Line of Duty Death” written by Suzanne F. Sawyer, Concerns of Police Survivors Inc., Reprinted May 1993.

Chapter 3 - Professional Standards and Conduct

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. Professional Standards and Conduct - 93 Published with permission by Pearland Police Department Policy Pearland Police Department 300 Policy Manual

CONDUCT

300.1 PURPOSE All employees of the police department should be aware of the great responsibilities inherent in their position. The conduct of employees is scrutinized by members of the community as well as the Department. The citizens that we serve require high standards for the department employees who represent them. Additionally, clearly defined guidelines ensure that all employees are aware of what conduct is expected. Failure to conform to rules of conduct may be considered sufficient cause for dismissal, demotion, suspension, or other disciplinary action.

300.2 DEFINTIONS A. Member - All persons who are employed by the Pearland Police Department and subject to the supervision of the Chief of Police and to whom the policies and procedures of the department manual apply. The terms ‘Personnel’, ‘Employee’, and ‘Member’ are interchangeable in their use and meaning for purposes of the department written documents. B. Gender- Use of the male or female gender in description herein shall apply to both equally unless specifically set out otherwise. C. Safety-Sensitive Function – Any potentially dangerous function where the discharge of duties is fraught with risk of injury to others under such circumstances that even a momentary lapse of attention can have disastrous consequences, including but not limited to: vehicle operation, police operations, dispatching and jail operations.

300.3 PROCEDURES

300.3.1 RULES OF CONDUCT 1. Unbecoming Conduct - A member shall conduct oneself at all times, both on and off duty, in such a manner, so as to reflect favorably on the department. Conduct unbecoming a member shall include that which tends to bring the department into disrepute or reflects discredit upon the member as a member of the department, or that which tends to impair the operation of the department. Members shall not conduct themselves in a manner that could be considered unbecoming. This rule is not meant to allow the imposition of another’s morals upon any member. However, it is intended to prohibit conduct that might seriously undermine the integrity of the department. 2. Competency - A member shall maintain sufficient competency to properly perform the member’s duties and to assume the responsibilities of their position. Members shall perform their duties in such a manner as will tend to establish and maintain the highest standards of efficiency in carrying out the functions and objectives of the department. The fact that a member was deemed competent at the time of employment shall not preclude a judgment of incompetency as the result of his performance of duty, which would indicate a lack of qualifications, competency, or capacity to fulfill the requirements of an assigned tasks. Such incompetency may be demonstrated by a lack of knowledge of application of laws required to be enforced;

CONDUCT

apparent unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the member’s rank, grade or position; the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention; absence without leave, or unnecessary absence from the patrol district during a tour of duty. Apart from or in addition to other methods of proof of incompetency, a written record of repeated Disciplinary Actions for minor infractions of the rules, policies, orders, or directives, will be considered prima fascia evidence of incompetency. 3. Conformance to Laws - A member shall obey all laws of the United States, of this State, Civil Service Laws and Regulations and of the local jurisdiction. An indictment filed against the member shall be cause for administrative review. 4. Criticism - A member shall not publicly criticize the department, its policies, or other members by talking, writing, or expressing in any other manner when such is defamatory; obscene; unlawful; or tends to impair the operation of the department by impairing its efficiency; interfering with the maintenance of discipline; or, when the criticism is made with reckless disregard for its truth, falsity, or accuracy. If a member has a grievance against other member’s actions it should be addressed via the chain of command. 5. Orders - Members shall obey all lawful orders and directions given by a superior officer and obey the instructions given by police radio, regardless of the rank of the communications personnel. The duty supervisor is responsible for insuring assignments issued from the Communications Division are consistent with Departmental policy. Refusal or failure to obey a lawful order will be considered insubordination. (See Insubordination, this policy) Orders issued from superiors should be in a clear understandable language, and not clouded by emotional tones. Members are prohibited from displaying disrespect, publicly criticizing or disputing orders issued by a superior officer. 6. Conflicting Orders - A member who is given a proper order in conflict with a previous order shall respectfully call attention to such conflict. If the superior officer giving the order does not alter or retract the conflicting order, then the new order shall stand and under these circumstances, the responsibility shall be that of the supervisor. In such situations the member obeying the conflicting order shall not be held responsible for disobedience of the established order previously issued. When an order contrary to the provision of any previous lawful order, rule, or directive is given to a member, the member shall comply with the order unless it is a violation of the law and shall thereafter submit a memorandum stating the facts and circumstances to the immediate supervisor of the superior issuing the conflicting order. Command or supervisory personnel shall not knowingly or willfully issue any order that is in violation of any law, ordinance, or departmental rule. 7. Departmental Reports, Truthfulness - A member shall submit all necessary reports on time and in accordance with existing regulations. Reports submitted by members shall be truthful and no member shall knowingly enter or cause to be entered by anyone inaccurate, false or improper information, or misrepresent the facts in any departmental records, reports or investigation. A member shall report to the member’s superior officer all information that comes to the member’s attention

CONDUCT

concerning organized crime, racketeering, vice conditions, or violations of any such laws. Members should speak the truth at all times regardless of whether or not it is given under oath, in testimony, is being officially received, or is in connection with official duties This rule shall not be construed so as to limit clearly warranted investigative tools utilized in direct connection with official duties. 8. Interference with Cases - A member shall not interfere with cases assigned to other members without consent, except by order of a superior officer; nor shall a member interfere with the operation of any division, section or unit. A member shall not interfere in any lawful arrest or prosecution brought by other members of the department or by any other agency or person. A member shall not undertake any investigation or other police action not part of the officer’s regular police duties without obtaining permission from a superior or unless the exigencies of the situation require immediate police action. A member shall not become involved with or attempt to prevent any criminal investigation or arrest that involves family members, friends, or business associates, without first obtaining permission from the Chief of Police or his designee. A member shall not take any action with regard to an internal investigation assigned to other members without authorization from the Chief of Police or his designee. 9. Dissemination of Information - A member shall treat the official business of the department as confidential. Information regarding official business shall be disseminated only to those for whom it is intended in accordance with departmental procedures. A member may remove or copy official records or reports from a police installation only in accordance with established departmental procedures. A member shall not divulge the identity of a person giving confidential information except when it is authorized by proper authority and necessary in the performance of police work. A member shall not disseminate information on the internet, social networking sites or other medium of communication, to include cell phone text/picture messaging, that divulges the business of this department including, but not limited to, the following: (a) Photographs/images related to any investigation of this department; (b) Video or audio files related to any investigation of this department; or (c) Any information related to any investigation of this department. 10. Property/Evidence – Property, which has been received as evidence in connection with investigations will be processed as evidence within established departmental procedures. A member shall not convert to his own use, manufacture, destroy or remove, except in accordance with departmental procedures any evidence or other material found in connection with the investigation of an incident. Whenever any property is alleged to be missing as a result of action by a member, the case shall be referred for immediate investigation in accordance with departmental procedures. Property that has been recovered but is not connected with an established case will be handled according to existing policy. Any property/evidence, which has been removed or taken from any person or location will be entered into the property system and may not be converted for individual use or destroyed. Any member who has lost, destroyed, or damaged any property or equipment that comes into his possession by reason of his office may be required to make restitution for said property if the loss or damage is the result of negligence on the part of the member.

CONDUCT

11. Reporting for Duty - A member shall report for duty at the time and place specified by the member’s supervisor and at that time be physically and mentally fit to perform the member’s duty. The member is to be properly equipped so that the member may immediately assume the member’s duties. Being properly equipped will include being cognizant of information required for the proper performance of that duty. Members not appearing for duty, hearings, court appearances, or other designated assignments on time, shall be in violation of this section. Members shall remain at their post or assigned place of duty until relieved by another member or until officially dismissed or directed by a superior officer. In no event should a member leave any assignment, even if relieved by another, without first notifying a superior officer. Members should always keep themselves immediately and readily available when on duty. 12. Sleeping on Duty - A member shall remain awake and alert during the time the member is on duty. If the member unable to do so, the member shall so report to a superior officer, who shall determine the proper course of action. 13. Neglect of Duty - A member shall not read, play games, watch television or movies, or otherwise engage in entertainment while on duty, except as may be required in the performance of duty. A member shall not engage in any activity or personal business, which would cause the member to neglect or not be attentive on duty. Further, neglect of duty may be demonstrated by a lack of knowledge of application of laws required to be enforced; apparent unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the members rank, grade or position; the failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention; absence without leave, or unnecessary absence from the patrol district during a tour of duty. 14. Meals - A member who is assigned to continuous duty may be permitted to suspend patrol or other assigned duties, subject to immediate call at all times, for the purpose of having one meal during the tour of duty. (a) Personnel assigned to 8 hour shifts are permitted a 30 minute meal break. (b) Personnel assigned to 10 hour shifts are permitted a 45 minute meal break. (c) Personnel assigned to 12 hour shifts are permitted a 60 minute meal break. 15. Maintenance of Communication - Members on duty, or when on call, shall be directly available by normal communication or shall keep their office, the Communications Unit, and/or supervisor informed of the means by which they may be reached. Members so equipped should always attend to their police radio and respond promptly when called. On duty patrol officers must at all times notify Communications of their location if they leave their police vehicle. When an officer contacts a complainant or violator the officer should notify the Communications Unit of their location before exiting the vehicle, unless exigent exist. Communication between patrol officers and the Communications Unit can occur through the police radio, mobile data terminals, or whatever means is appropriate for the situation. Members should study and familiarize themselves with any Departmental or other law enforcement communications on a daily basis. Notices, instructions, bulletins, memorandums, or other departmental directives should be reviewed and appropriate notations made by employees if necessary. Members observing hazards on streets, sidewalks, or in public places

CONDUCT

should communicate this information to the appropriate agency for attention or to the Communications Unit. Information forwarded to the Communications Unit should be referred to the proper agency charged with dealing with the hazard reported. 16. Telephone/Address - A member shall have a telephone available and shall report any change of a telephone number or address to the member’s supervisor and the Communications Unit immediately. 17. Use of Tobacco or Vaping Products - Members are prohibited from smoking, vaping, or using smokeless tobacco inside departmental facilities or vehicles. Members are to follow all statutes and ordinances with regard to tobacco use. 18. Carrying of Firearms - All carrying of firearms will be consistent with the 501 Firearms. 19. Use of City Property - City property is property that an employee is issued/assigned or may be used in connection with their employment which is not owned by the employee. City property shall not be altered or modified in any way unless authorized by the Chief of Police or his designee. A member shall not abuse, damage, lose, or negligently handle equipment. Restitution for abused, damaged, lost or negligently handled property may be required. City property is for use while on City business or assignment and is to be used in accordance with City and departmental policies and procedures. Any property that is in need of service or repair shall be reported to a supervisor with a repair request completed. Employees shall maintain City property issued or used by them in a neat, clean, and orderly fashion. Employees are expected to safeguard City property. Examples of properly safeguarding property include, but are not limited to: locking doors of vehicles where City property is located, locking doors of City property, closing/locking windows, removing keys from vehicles, removing or hiding valuable property from plain sight in vehicles, and not leaving property unattended when it would be reasonable to believe said property could be stolen. (a) Pursuant to Government Code 772.0075 and the rifle-resistant body armor grant program funded through the Office of the Governor’s Criminal Justice Division, the grant requires the department to adopt a policy indicating that body armor may not be left in vehicles when an officer is not on duty to minimize the heat damage to the armor. 20. Operation of Vehicles – While on-duty a member shall operate any vehicle in a careful and prudent manner, and shall obey all laws of the state and departmental procedures pertaining to such operation. A member shall at all times set a proper example for other persons by the member’s operation of a vehicle. The operation of City owned vehicles, marked and unmarked, is restricted to authorized Police Department employees, unless prior approval is granted by the Chief of Police or his designee. Emergency circumstances may occur where an unauthorized person may be needed to drive a City owned vehicle. If possible the member should consult with a supervisor and use the utmost discretion. The supervisor and the nature of the circumstance will decide the reasonableness of that discretion. NO alteration or modification may be performed on ANY City owned vehicle unless authorized by the Chief of Police or his designee. 21. Abuse of Position

CONDUCT

(a) Use of Official Position or Identification - A member is prohibited from using the member’s official position, official identification card or badge for personal or financial gain or for obtaining privileges not otherwise available to the member or for avoiding consequences of illegal acts. A member shall not lend the member’s identification card or badge to another person, or permit it to be photographed or reproduced without approval of the Chief of Police or his designee. Any identification card or badge may not be altered or changed in any way. No duplicate badge or identification card may be made or ordered except with the permission of the Chief of Police or his designee. (b) Use of Name, Photograph, or Title - A member shall not permit or authorize the use of the member’s name, photograph or official title which identifies the employee as a member of the police department in connection with testimonials or advertisements of any commodity or commercial enterprise, or for any personal reasons, without the approval of the Chief of Police or his designee. Employees are prohibited from posting, broadcasting or otherwise disseminating any sexual, violent, racial, ethnically derogatory material, comments, pictures, artwork, video or other references on their personal websites or through any other medium of communication that brings discredit to or may adversely affect the integrity of any member or affect the efficiency or integrity of the department. Employees must recognize the display of official department logos, patches, badges, vehicles or uniforms on personal social networking sites or on personally maintained websites hold the member out as an employee of the police department. As such, posts, comments, shares, etc. should be done in such a manner as to comply with departmental policies regarding conduct. (c) Public Appearances/Speeches - A member shall not address a public gathering, appear on radio or television, prepare for publication any article, act as a correspondent to a newspaper or periodical, release or divulge information, or any other matters concerning the police department or its members while holding oneself out as having an official capacity in such matters without official sanction or proper authority. A member may lecture on “police” or other related subjects only with the approval of the Chief of Police or his designee. (d) Confidential Information - Members may not communicate any information, which is obtained by virtue of their position with the Department, which could be considered confidential or sensitive. Members may not directly, or indirectly communicate in any manner, information which may delay arrest or enable persons guilty of criminal acts to escape arrest, punishment or prosecution or which may enable them to dispose of any property or goods unlawfully obtained or any evidence of unlawful activity. 22. Identification - A police officer shall always carry the officer’s identification card on their person when feasible. All members of the department, while identified as a member, shall furnish at a minimum their first initial and last name and badge number (if one is issued) to any person requesting the information except when authorized not to do so by proper authority and when necessary in the performance of police duties. 23. Suggestion Pertaining to Services - A member shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or

CONDUCT

procurement of a particular product, professional service, or a commercial service (such as an attorney, ambulance service, towing service, bondsman, mortician, etc). In the case of ambulance or towing service, when such service is necessary, and the person needing the service is unable or unwilling to procure same, the member shall proceed in accordance with established departmental procedures. Members should not solicit subscriptions, or sell books, papers, tickets, merchandise, or other things or collect or receive money or other things of value for any purpose whatsoever as a member of the department, except as authorized by the Chief of Police or his designee. 24. Courtesy - A member shall be courteous to the public. A member shall be tactful in the performance of the member’s duties, controlling one’s temper and exercising the utmost patience and discretion, and shall not engage in argumentative discussions even in the face of extreme provocation. In the performance of duties, members shall not use profane, or insolent language or gestures, and shall not express any prejudice concerning race, religion, politics, national origin, or similar personal characteristics. Members should treat others within the department with respect, being courteous and civil on all occasions whether on or off duty. Members should strive to promote cooperation and assistance at every opportunity. In addressing or referring to ranking officers, members should use their appropriate rank or title. 25. Requests for Assistance - When the public applies for assistance or advice, makes complaints, or reports by telephone, any electronic means, or in person, all information will be obtained in an official and courteous manner, and will be properly and judiciously acted upon consistent with established departmental procedure. 26. Conduct Prejudicial to Good Order - A member shall conduct oneself at all times, both on and off duty, in such a manner as to reflect favorably on the department. Conduct prejudicial to the department shall include that which tends to bring the department into disrepute or reflect discredit upon the member, as a member of the department, or which tends to impair the operation of the department or the member. Members must maintain a strictly impartial attitude toward complainants and violators. Members shall not conduct themselves in a manner that could reflect discredit or disrepute on any member of the Department. Members should consider it to be their duty, at all times, to be of service to anyone who may be in danger or distress regardless of their race, color, religion, or creed. 27. Insubordination - A member shall promptly obey any lawful orders of a superior. This will include orders relayed from a superior by a member of the same or lesser rank. A “lawful order” is an order in keeping with the performance of any duty, issued either verbally or in writing by the Chief of Police or any other superior; prescribed by the various rules of the department; or necessary for the preservation of good order, efficiency, or proper discipline of the department and its members. The willful disobedience of any order lawfully issued by a superior or any mutinous, insolent, lack of respect, harassment, or abusive language or conduct toward a superior shall be insubordination. “Superior” includes any member having authority to exercise command in a given situation. Supervisory personnel should be addressed by rank while in an on-duty status. 28. Political Activity – (a) A member shall be permitted to:

CONDUCT

1. Register and vote in any election 2. Express opinions as an individual privately and publicly on political issues and candidates. 3. Attend political conventions, rallies, and similar political gatherings. 4. Actively engage in nonpartisan political functions. 5. Sign political petitions as individuals. 6. Make financial contributions to political organizations. 7. Serve as an election judge or clerk in performance of nonpartisan duties as described by state or local law. 8. Hold membership in a political party and participate in its functions to the extent consistent with the law. 9. Participate fully in public affairs to the extent that such endeavors do not impair the neutral and efficient performance of official duties, or create real or apparent conflicts of interest with federal, state, or local laws, or the enforcement thereof. (b) Members may not actively participate in any political campaign while in uniform or on active duty. 1. “Actively participate” means such things as making political speeches, passing out political literature, writing letters, signing petitions, actively or openly soliciting votes, or making public derogatory remarks about candidates. 29. Testimony/Interviews - Testimony required by members for the purposes of prosecution shall at all times be truthful and accurate. If a member is subpoenaed to testify for the defense in any trial or against the City of Pearland or interest of the Department in any hearing or trial, the member shall notify the Chief of Police via memorandum as soon as possible, once the subpoena has been served and before such testimony is required. A copy of the subpoena must be attached to the memorandum. In civil cases, members should not volunteer to testify in such actions and may not do so unless legally summoned. Members should not serve civil processes except as may be required by law or approved by the Chief of Police or his designee. If any member is notified of a pending suit or police investigation filed against the member by reason of the member’s performance in the line of duty or as a result of off-duty conduct, the member shall immediately notify the employee’s immediate supervisor either verbally or in writing and, as soon as possible, notify the Chief of Police through the chain of command, in writing, furnishing a copy of any documents along with a full and accurate account of the circumstances in question. If an employee chooses to utilize private counsel, instead of City attorneys (if applicable) the member should notify the Chief of Police. If an attorney requests an interview with a member because of some Departmental process or action on a criminal or civil case, the interview may take place only in the presence of or with the knowledge and consent of their commanding officer. During an internal inquiry or investigation it is ordered by the Chief of Police that a member shall answer all questions specifically

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related to the operations and efficiency of the department, which may be put to the member by an authorized person. This rule is not meant to revoke the member’s Fifth Amendment rights. 30. Use of Intoxicants; On Duty - A member shall not drink intoxicating beverages while on duty unless it is necessary to gain evidence and has been approved by a supervisor prior to the occurrence for authorized undercover operations. A member shall not appear for duty, or be on duty, while under the influence of intoxicants to any degree whatsoever, or have an odor of intoxicants on the member’s breath. No member, while on duty or in uniform, may enter any liquor store or other establishment for the purpose of purchasing intoxicating beverages. 31. Intoxicants in Police Installations - A member shall not bring into or store intoxicants in any police facility or vehicle except those that may be held as evidence and properly processed according to established procedure. 32. Use of Intoxicants; Off Duty - A member, while off duty, shall not consume intoxicating beverages to the extent that it results in obnoxious or offensive behavior which would tend to discredit the member or the department or render the member unfit for the next regular tour of duty. 33. Use of Drugs/Intoxicants - A member shall not use dangerous intoxicants, narcotics, or hallucinogens except when prescribed in his treatment by a physician or dentist. When dangerous intoxicants, narcotics, hallucinogens are prescribed the member will be returning to duty, the member shall notify the member’s supervisor. Members shall not perform safety-sensitive functions while impaired or intoxicated. 34. Gambling - A member shall not engage or participate in gambling in any form while on duty or in uniform or while in a departmental facility. A member shall not engage in any form of illegal gambling at any time, except in the performance of duty and while acting under proper and specific orders from a superior officer. 35. Associations - A member shall avoid regular or continuous associations or dealings with persons whom the member knows, or should know, are racketeers, gamblers, persons who have been convicted of a felony, persons who are under criminal investigation or indictment, or persons who have a reputation in the community for felonious, criminal or immoral behavior, except as directed by a superior officer. Members shall not join any organization that attempts to interfere with the administration’s efficient and effective police operations; or any organization, which advocates the disruption of any political or governmental entity. 36. Visiting Prohibited Establishments - A member shall not frequent, visit or enter a house of prostitution, gambling house, or establishment wherein the laws of the United States, this state or city are violated except in performance of duty, as authorized by a supervisor. 37. Seeking or Accepting Gifts/Gratuities/Bribes - A member shall not solicit, seek or accept any gift, privilege, or gratuity for oneself or others, from any individual, business establishment, or merchant, when it can be construed to involve the member’s position as a law enforcement officer or employee of the police department. A member shall not receive under any pretense, or seek, or ask, or share in any fee, reward, or other reimbursement or gratuity for the performance of the member’s official duties, except

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as directed by the Chief of Police or his designee. A member shall immediately report any offer or attempt to offer any gift or gratuity, which may be in an effort to affect the member’s official conduct. 38. Abuse of Process/Withholding Evidence - A member shall not at any time, intentionally manufacture, falsify, destroy or withhold evidence or information or make any false accusation or criminal charge. 39. Payment of Debts - A member shall not undertake any financial obligations the member knows or should know they would be unable to meet and shall pay all just debts when due. An isolated incident of financial responsibility may not be grounds for discipline, except in unusually severe cases. Repeated incidents of financial difficulty or multiple unpaid debts may be cause for discipline. Filing for a voluntary bankruptcy petition shall not, by itself, serve as cause for discipline. Financial difficulties stemming from unforeseen medical expenses or personal disaster shall not be cause for discipline provided that a good faith effort to settle all accounts is being undertaken. A member shall not co-sign a note for any superior officer. 40. Immoral Conduct - A member shall maintain a level of moral conduct in the member’s personal affairs, which is in keeping with the highest standards of the law enforcement profession and code of ethics. No member shall be a participant in any incident involving moral turpitude, which tends to or does impair his ability to perform as a law enforcement officer or causes the department to be brought into disrepute. 41. Treatment of Persons in Custody - A member shall not mistreat persons who are in their custody. A member shall handle such persons in accordance with departmental procedures. 42. Private Business - A member shall not conduct business for any private enterprise, whether or not the business is personally owned by the member, while on-duty with the department. A member shall not use city equipment to conduct business for any private enterprise, whether or not the business is personally owned by the member, other than that equipment specifically authorized under 208 Police Related Extra Duty Employment. 43. Violation of Rules - A member shall not commit any other act or omit any other act constituting a violation of any of the rules and regulations of this department, or of the City of Pearland Policies. A member shall not fail to perform any act specifically required by said rules and regulations. Ignorance of the rules and regulations shall not be considered as justification for any such violation. A member shall be responsible for the member’s own acts, and shall not shift the burden of responsibility for executing or failing to execute a lawful order for duty. 44. Unsafe Acts - Members shall not commit acts or perform any safety-sensitive function in a manner that has a potential for unnecessarily endangering or injuring themselves, property or any another person. Violations include but are not limited to: allowing untrained or inexperienced persons to use department equipment that has the potential to damage property or injure any person; using or operating department equipment in a manner contrary to training in its proper use/operation; failure to maintain sufficient awareness of events and circumstances to respond to or prevent a

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safety risk for self or others; or the performance of any safety-sensitive function while impaired or intoxicated.

300.3.2 SUPPLEMENTAL RULES Additional Rules of Conduct are contained with the body of other policies and procedures that are necessary for the general description of those directives, guidelines, and regulations. these are are no less important and must also command compliance.

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301.1 PURPOSE It is the Police Department’s responsibility through its disciplinary process to protect and serve the public, to insure the integrity of the department and to develop and protect its employees. It is only by conducting thorough and unbiased investigations the department will maintain the confidence of the citizens we serve and the employees subject to the process. The department will investigate all incidents of alleged misconduct, including fleet crashes, brought to its attention. Investigations will be fair and provide due process. All officers and employees, regardless of rank, assignment or function, are required to cooperate in the investigation of complaints.

301.2 DEFINITIONS A. Professional Staff - Police Department professional (aka civilian, non-sworn) staff who are not sworn as police officers (classified personnel). B. Classified Personnel – Police Department sworn personnel (police officers) hired in compliance with Local Government Code, Chapter 143. C. External Complaint – A complaint made by a person not employed by the department alleging a department employee engaged in misconduct. D. Internal Complaint – A complaint generated by a member of the department alleging another member engaged in misconduct or violated a policy, procedure, practice, philosophy, legal standard or failed to provide an appropriate level of service. Internal investigations may also be generated for major incidents as directed by the Chief of Police or his designee. Internal Complaints include externally prompted complaints for incidents brought to the attention of the department which, if proven true, would amount to misconduct. Sources of externally prompted complaints include, but are not limited to, Court Proceedings, Media, Social Media, and Anonymous Complaints. E. Misconduct – An act by a member of the department which, if proven true, would result in corrective action/discipline. This would include commission of a criminal act; or violations of the policies, procedures, rules or training standards of the City, Police Department, or Civil Service Commission. F. Re-assignment - The action of changing an employee’s assigned duties, hours, or days off, to prevent further misconduct. Re-assignment to meet administrative needs of the department is not discipline. G. Reckoning Period - The period for which an employee is responsible for sustained misconduct for enhancement purposes

301.3 PROCEDURES

DISCIPLINE

301.3.1 CLASSES OF COMPLAINTS 1. Class III Complaints – Class III Complaints involve minor violations of policies or procedures potentially resulting in Supervisory Intervention, Category A discipline, or Category B discipline which would be unlikely to result in restitution or a temporary suspension. Class III Complaints for professional staff are those which would potentially result in Supervisory Intervention, Category A discipline, or Category B discipline which would be unlikely to result in restitution or a second reminder letter under City of Pearland Employee Manual, Section 3.16. 2. Class II Complaints – Complaints involving more serious violations of policies or procedures potentially resulting in Category B or higher discipline which is likely to result in a temporary suspension or discipline listed under Categories C or D. Class II Complaints for professional staff are those which could result in a Second Reminder Letter or higher discipline under this policy or the City of Pearland Employee Manual, Section 3.16. 3. Class I Complaints – Complaints alleging violation(s) of Federal or State Laws or local ordinances.

301.3.2 DISPOSITION OF COMPLAINTS All complaints investigated by the department will be disposed in one of the following manners: 1. Exonerated - The allegation is false or not factual or the incident occurred, but the employee’s actions were lawful and proper. The employee was cleared of any wrongdoing. 2. Not Sustained - Insufficient evidence to either prove or disprove the allegation. 3. Sustained - Evidence is sufficient to prove misconduct occurred. 4. Never Formalized – An external complaint not having a complaining witness statement, nor corroborating evidence to support an internal complaint. 5. Administrative Closure – A complaint may be closed administratively at the direction of the Chief of Police. The justification for the closure will be outlined in the written order for closure.

301.3.3 CORRECTIVE ACTIONS/DISCIPLINE FOR CLASSIFIED PERSONNEL 1. Coaching/Counseling - The process of re-familiarizing the employee with the specific skills required to bring him/her into compliance or the process of verbally discussing with the employee any sustained inappropriate behavior and recommending corrective measures to avoid repeated misconduct. This may include an outlined course of action detailing performance objectives to be maintained. 2. Training - Is the process of teaching an employee the procedures or skills required to bring him/her into compliance. 3. Written Reprimand – A written document addressed to the employee stipulating his/her violation and stipulating required corrections and/or improvements expected. Reprimands at various disciplinary levels shall be issued by the supervisor/ commander at the corresponding level.

DISCIPLINE

4. Restitution – Requiring an employee to reimburse the city for loss or damage of city owned property or expense incurred by the City. 5. Demotion – A recommendation to the Civil Service Commission by the Chief of Police proposing a supervisory police officer be involuntarily reduced in rank, in accordance with Texas Local Government Code, Section 143.054. 6. Temporary Suspension – A disciplinary suspension of a police officer in accordance with Texas Local Government Code chapter 143 and the City of Pearland Police Officers Civil Service Rules and Regulations; or a suspension following a felony indictment or misdemeanor complaint in accordance with Texas Local Government Code, Section 143.056. 7. Indefinite Suspension – Dismissal from the Department in accordance with Texas Local Government Code chapter 143 and the City of Pearland Police Officers Civil Service Rules and Regulations.

301.3.4 CORRECTIVE ACTIONS/DISCIPLINE FOR PROFESSIONAL STAFF 1. Coaching/Counseling - The process of re-familiarizing the employee with the specific skills required to bring him/her into compliance or the process of verbally discussing with the employee any sustained inappropriate behavior and recommending corrective measures to avoid repeated misconduct. 2. Training - Is the process of teaching an employee the procedures or skills required to bring him/her into compliance. 3. First Reminder Letter Aka Written Reprimand – A written document addressed to the employee stipulating his/her violation and stipulating required corrections and/or improvements expected. Reprimands at various disciplinary levels shall be issued by the supervisor/commander at the corresponding level. 4. Second Reminder Letter – A more serious written document addressed to the employee stipulating his/her violation and stipulating required corrections and/or improvements expected. Reprimands at various disciplinary levels shall be issued by the supervisor/commander at the corresponding level. 5. Performance Improvement Plan – Outlined course of action detailing performance objectives to be maintained. 6. Restitution – Requiring an employee to reimburse the city for loss or damage of city owned property or expense incurred by the City. 7. Demotion – A change in job assignment including a reduction in supervisory responsibility or a change to a lower pay grade. 8. Temporary Suspension – A disciplinary suspension of an employee at the direction of the Chief of Police. 9. Decision Making Leave – Temporary leave, with pay, to allow an employee to enter a Performance Improvement Plan, or voluntarily separate from the City in accordance with City of Pearland Employee Manual, Section 3.16. 10. Termination – Forced separation from employment with the City.

DISCIPLINE

301.3.5 CATEGORIES OF CORRECTIVE ACTION/DISCIPLINE 1. Supervisor Intervention – Occurrence of minor rules violations (a) Reckoning Period - none (b) Disciplinary options: 1. Coaching/Counseling; and/or 2. Training 2. Category A Violations – Occurrence of minor rules violations. (a) Reckoning Period - one year from date of discipline. (b) One repeat violation of a same or similar nature within the reckoning period enhances to the next higher category (Category B). (c) Any combination of four Category A or higher violations within the reckoning period, enhances to the next higher category (Category B). (d) Disciplinary options for classified personnel: 1. Coaching/Counseling 2. Training; and/or 3. Written reprimand – Unit level. (e) Disciplinary options for professional staff: 1. Coaching/Counseling; 2. Training; and/or 3. First Reminder Letter/Written reprimand – Unit level. 3. Category B Violations – Occurrence of intermediate level rules violations, or those enhanced from Category A. (a) Reckoning Period – three years from date of discipline. (b) One repeat violation of a same or similar nature within the reckoning period enhances to the next higher category (Category C). (c) Any combination of three Category B or higher violations within the reckoning period, enhanced to the next higher category (Category C). (d) Disciplinary options for classified personnel: 1. Restitution; 2. Written Reprimand – Division Level; or 3. One to five calendar day(s) Temporary Suspension. (e) Disciplinary options for professional staff: 1. Restitution 2. First Reminder Letter

DISCIPLINE

3. Second Reminder Letter 4. Category C Violations – Occurrence of more serious rules violations or those enhanced from Category B. (a) Reckoning Period - five years from date of discipline. (b) One repeat violation of a same or similar nature within the reckoning period enhances to the next higher category (Category D). (c) Any combination of three Category C or higher violations within the reckoning period, enhances to the next higher category (Category D). (d) Disciplinary options for classified personnel: 1. Restitution; 2. Written Reprimand – Bureau Level; 3. Three to fourteen calendar day Temporary Suspension; and/or 4. Demotion. (e) Disciplinary options for professional staff: 1. Restitution; 2. Second Reminder Letter; 3. Performance Improvement Plan; 4. Temporary Suspension; 5. Decision Making Leave; and/or 6. Demotion. 5. Category D Violations - Occurrence of major rules violations, an unlawful act or those enhanced from Category C. (a) Reckoning Period – Seven years from date of discipline. (b) Any repeat Category D violation enhances prescribed discipline. (c) Disciplinary options: 1. Restitution; 2. Written Reprimand – Chief of Police 3. Demotion; and/or 4. Ten to Fifteen calendar day Temporary Suspension; or 5. Indefinite Suspension (d) Disciplinary options for professional staff: 1. Restitution; 2. Decision Making Leave; 3. Demotion; and/or

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4. Termination.

301.3.6 RECEIVING COMPLAINTS 1. External Complaints - Any employee being contacted by a person alleging employee misconduct or inquiring as to the appropriateness of an employee’s actions regarding established policies and procedures shall take the following action(s) (a) Walk-In Complaints 1. An on-duty classified supervisor will be notified and respond to the station. An affirmative acknowledgement is required from the supervisor to insure a timely response. 2. If the subject does not wish to speak with a supervisor, the on-duty receptionist will provide a complaint form so the subject can complete and return later. (b) Phone Complaints 1. Intake personnel will record the caller’s name and phone number and immediately notify an on-duty classified supervisor. An affirmative acknowledgement from the supervisor is required to insure a timely response. 2. The on-duty supervisor will make contact with the complainant as soon as reasonably possible, but at a minimum within two hours. 3. If contact is not made within two hours, the supervisor shall document the reasons for the delay in an email to their division commander. 2. Internal Complaints (a) Any department employee may serve as an agent of the department and submit a written and signed complaint alleging violations of department policies or procedures. Complaints shall be addressed to the Support Bureau Chief. (b) With the identification of corroborating information, any Command level officer may serve as the complainant for incidents brought to the attention of the department which, if proven true, would amount to misconduct. Sources of externally prompted complaints include, but are not limited to: Court Proceedings, Media, Social Media, and Anonymous Complaints.

301.3.7 NON-FORMALIZED COMPLAINTS Any supervisor who receives a complaint alleging an excessive use of force, a violation of law, sexual misconduct or a serious or major rules violation will complete a Supervisor’s Professional Standards Complaint form and forward it, (via email) to the Professional Standards Investigators, The Chief of Police and both Assistant Chiefs of Police at [email protected] prior to their end of tour. 1. In any complaint where there is no written, signed complaint as required under Texas Government Code 614.022, the Support Bureau Chief will determine if there are sufficient grounds for an investigation. If so, the Support Bureau Chief or his/her

DISCIPLINE

designee will draft a memorandum of complaint and route the investigation as detailed below. (a) If the Support Bureau Chief determines there is insufficient grounds to warrant an Internal Complaint for investigation, he/she will assign the investigation to a Professional Standards Investigator. The Investigator will: 1. Enter the complaint into the appropriate module in RMS and compile the investigation folder as described elsewhere in this policy, if not already done. 2. Forward a statement form and a 10-day letter to the complainant via certified mail. (b) If no signed statement is received within the 10-day period, the investigation folder will be disposed of as NEVER FORMALIZED and forwarded to the Support Bureau Chief for appropriate filing.

301.3.8 COMPLAINT ENTRY The supervisor receiving a written and signed complaint on any department employee shall complete the Supervisor’s Professional Standards Complaint form and forward it, along with a copy of the written complaint (via email) to the Professional Standards Investigators, The Chief of Police and both Assistant Chiefs of Police at [email protected] prior to their end of tour. (R.P. 2.07). The original written and signed complaint shall be left in the mailbox of the Support Bureau Chief or other designated location. 1. On receipt of such an email, a Professional Standards Investigator will compile an investigation folder. This folder shall include if available: (a) The Supervisor’s Professional Standards Complaint form. (b) The written and signed complaint. Complaints on police officers require a signed complaint in accordance with Texas Government Code Section 614.022. (c) Any recording related to the incident in question, including but not limited to: 1. Body worn camera (BWC) footage of the event 2. WatchGuard dash camera footage of the event 3. Telephone or radio recordings of the event or conversations with the complainant. 4. BWC footage of the supervisor speaking with the complainant. (d) Any calls for service slips, booking forms, or incident reports. (e) Photographs related to the incident. (f) Any other information the investigator feels is relative to the investigation of the complaint. (g) A copy of the subject employee’s disciplinary history. 2. The Investigator will then:

DISCIPLINE

(a) Enter the complaint into the appropriate module in RMS. (b) Forward the completed folder to the Support Bureau Chief. 3. The Support Bureau Chief or his/her designee will notify a subject employee’s chain of command of the complaint, unless there are exigent circumstances. 4. The Support Bureau Chief or his/her designee shall properly classify the complaint. (a) Class III complaints will generally be assigned to the employee’s supervisor for investigation. (b) Class II complaints will generally be forwarded to the Professional Standards Unit for investigation. (c) Class I complaints shall be forwarded to the Professional Standards Unit for investigation (d) Special Investigations will be assigned by the Support Bureau Chief or his/her designee. (e) The Support Bureau Chief may assign other investigators than those listed above if he/she feels such assignment would benefit the investigation.

301.3.9 COMPLAINT INVESTIGATIONS 1. Once an investigation has been assigned, the assigned investigator shall provide the subject employee with a Confidentiality Warning and a copy of the written, signed complaint against them as soon as reasonably possible, but always within 5 business days of being assigned the investigation in compliance with Texas Government Code 614.023. This may be accomplished in person, through a supervisor of the employee or via electronic means. Any failure or inability to make a timely notification shall be documented in the investigation as to the reason for the delay and the investigator shall email the reason to the Support Bureau Chief. 2. The investigator will review all evidence collected as part of the investigative folder, as well as any other evidence the investigator feels pertinent to the investigation. Prior to requesting a statement from a subject employee, the investigator shall provide the employee with access to any video evidence in his/her possession. The employee should be given a reasonable amount of time to review the complaint against them or other materials related to the complaint, unless exigent circumstances exist, 24 hours is sufficient time. (a) Written Statements 1. The department’s preferred response for most investigations is a written statement from the subject employee. Written statements can be taken via email or via a memorandum. 2. In order to expedite investigations, the investigator may personally deliver the request for a statement, approve delivery of the order for a written statement by the employee’s supervisor during the employee’s work shift or make the request via email with a confirmation reply.

DISCIPLINE

3. If a written response is requested, employees shall submit their response by the date and time indicated, unless additional time is requested and granted by the investigator. If an investigator does not grant additional time, the employee may make a further request to their division commander whose decision will be final. Failure to comply with due dates may constitute a separate violation. 4. In all investigations, the subject employee will be afforded the opportunity to provide a timely written response to any complaint. Any response provided by an employee will be included in the investigation folder. (b) Live interviews/statements 1. Live interviews should be scheduled at least 2 hours in advance, unless the employee waives the time period or otherwise approved due to other circumstances. 2. The assigned investigator may conduct live interviews with the subject employee, witness employees, or other witnesses. Live interviews may be done in person, via the telephone or a video conferencing software. 3. Unless otherwise approved by a Command staff member, employees will be interviewed during their normal duty hours, however, should an employee need to be interviewed outside of their normal duty hours they will be compensated as hours worked. 4. All live interviews will be audio and/or audio/video recorded. 5. All employees involved in the interview will be professional in their demeanor and in their questions or responses. The employee under investigation will not be threatened with punitive action during interviews; but the investigator may inform the employee untruthfulness or a lack of cooperation during the investigation may constitute a separate violation. 6. The following individuals shall be present for a live interview: (a) The subject employee; (b) The investigator; (c) The subject employee’s supervisor or another supervisor in his/her stead, so long as the supervisor is not involved in the complaint. An employee may request no supervisor be present and this request may be granted a member of command staff. i. The purpose of having a supervisor present is two-fold: first is protection of the process of the subject employee and second the assurance of departmental procedures being followed. ii. The supervisor present may clarify orders, serve as a neutral witness, or in cases where an interview needs to be stopped or paused, do so. The supervisor may also remove from the meeting any person found to be disruptive. Any supervisor who stops or pauses an interview or who removes somebody

DISCIPLINE

disruptive will be responsible for that decision and will immediately direct an email or memorandum to the Support Bureau Chief and CC their division commander outlining the reason for doing so. iii. This supervisor is subject to confidentiality and will not discuss or share the information learned in this meeting outside of it necessary as stated above. 7. The following individuals may also be present for the interview: (a) Anyone else whose presence the investigator feels would benefit the investigation, with the approval of a member of command staff. (b) A member of the board of the Pearland Police Officer’s Association, at the request of the employee, so long as this representative is not involved in the investigation. i. The representative will only be allowed to observe the interview and not take an active part in discussions. Employees shall be given a reasonable amount of time, but no less than 2 hours, to obtain a representative. A failure of the representative to show will not be grounds for delaying the interview. ii. This PPOA board member is subject to confidentiality and will not discuss or share the information learned in this meeting outside of reporting it to a Bureau Chief or the Chief of Police. (c) Employee Witnesses 1. Employees who are witnesses in an investigation and are later determined to have possibly violated policy or procedures in the same incident will be given notice within the investigative process. 2. Written statements are preferred, and employee witnesses shall provide written statements by the date and time indicated unless additional time is requested and granted by the investigator. If an investigator does not grant additional time, the employee may make a further request to their division commander whose decision will be final. Failure to comply with due dates may constitute a violation 3. Investigators may obtain verbal statements from employee witnesses through live interviews and do not require additional people present, however they should be at a minimum audio recorded. (d) The investigator will conduct a thorough investigation documented in an Investigation Summary Memorandum directed to the division commander of the subject employee or another division commander as directed by the Support Bureau Chief. The Investigation Summary Memorandum will contain: 1. A summary of the incident; 2. Misconduct alleged;

DISCIPLINE

3. Facts supporting/disputing the allegation, along with rational inferences drawn from those facts; (e) The Investigation Summary Memorandum will be printed and placed in the investigation folder. An electronic copy, in Word format will be available to the Division Commander assigned to complete the Division Commander Review. (f) Once completed, the investigation folder will be forwarded to the subject employee’s Division Commander for review. If employees from more than one division are involved or if the complainant of the investigation was the subject employee’s commander, the investigator will forward the folder to the Support Bureau Chief for routing. (g) If at any time an investigator believes a complaint may involve criminal activity, the investigation will be suspended, and the Support Bureau Chief will be notified. If necessary, the Operations Bureau Chief will determine the appropriate assignment for the criminal investigation. 1. Upon substantial completion of the criminal investigation, the criminal investigator will prepare a briefing for the Criminal Investigation Division Commander, the employee’s Division Commander, the Assistant Chiefs of Police and the Chief of Police. 2. The Chief of Police will make a recommendation regarding the referral of the criminal investigation file to a court of jurisdiction. 3. The internal investigation shall resume when criminal investigations are concluded, or at the direction of the Chief of Police or his designee.

301.3.10 TIMELINE FOR COMPLETION OF INVESTIGATIONS 1. Investigations for Class III Complaints shall be completed within 21 days of assignment. (a) If an investigator is unable to complete the investigation within the allotted time, a written request for extension outlining the justification for the delay shall be forwarded to the investigator’s Division Commander or in the case of Professional Standards Investigators the Assistant Chief of the Support Bureau. (b) If extensions beyond 45 days are needed, approval of the Bureau Chief of the investigator is required. Extensions beyond 90 days require approval of the Chief of Police. 2. Investigations for Class I and II complaints shall be completed within 45 days of assignment (a) If additional time is needed, a written request outlining the justifications for the delay shall be forwarded to the Assistant Chief of the Support Bureau. (b) Extensions beyond 90 days require approval of the Chief of Police. (R.P. 2.05)

DISCIPLINE

301.3.11 DIVISION COMMANDER REVIEW 1. Upon receipt of the investigator’s Investigation Summary, the Division Commander will review the investigation. 2. If the Division Commander determines the complaint requires additional investigation, he/she will return the complaint to the investigator for follow-up. 3. The Division Commander may request a summary of the employee’s current performance from the employee’s Squad or Unit Commander. 4. Upon approval of the completed investigation the Division Commander will prepare a “draft” Division Commander’s Review memorandum and direct the memorandum to the employee’s Bureau Chief. The Division Commander’s Review should include: (a) A brief summary of the incident; (b) Misconduct alleged; (c) Facts and reasonable inferences from those facts supporting the Commander’s findings regarding the allegation (R.P. 2.04); (d) Policies/procedures or laws violated (if applicable); (e) Disposition of the complaint for each allegation of misconduct; (f) The recommended discipline category for the complaint; and (g) Employee performance (if applicable). 5. The “draft” Division Commander Review will not be final until after the Investigative Hearing process and all subsequent changes have been approved by the appropriate Bureau Chief. 6. Division Commander Reviews which have a finding of Sustained will proceed to an Investigative Hearing. Division Commander Reviews which have a finding of Exonerated or Not Sustained will not proceed to an Investigative Hearing.

301.3.12 INVESTIGATIVE HEARING 1. In cases of sustained misconduct, the Division Commander will schedule an Investigative Hearing with the employee to discuss the findings of the investigation. 2. The meeting will be held during the employee’s regular duty hours or a reasonable time outside the employee’s normal working hours, in either case the employee will be compensated for the time spent at the meeting. 3. The employee will be provided with a copy of the Investigation Summary and “draft” Division Commander’s Review to review at least 24 hours prior to the hearing. An exception to the time requirement may be made by the Chief of Police or a Bureau Chief. 4. The employee may waive an Investigative Hearing in writing via a method prescribed by the Division Commander if the employee believes additional investigation is unnecessary. 5. Present for the Investigative Hearing shall include:

DISCIPLINE

(a) The employee; (b) The employee’s supervisor or another supervisor in their stead; and (c) The Division Commander. 6. An Investigative Hearing may also include: (a) A City Attorney, if requested by the Division Commander; (b) The employee’s representative who is a board member of the Pearland Police Officer’s Association, the representative will only be allowed to advise the employee and not take an active part in discussions, unless permitted by the Division Commander; (c) A classified employee’s attorney, if the division commander is recommending discipline that would result in a suspension or demotion, the attorney will only be allowed to advise the employee and not take an active part in discussions, unless permitted by the Division Commander; and (d) A professional staff’s attorney, if permitted by the Division Commander and the Division Commander is recommending discipline that would result in a suspension, demotion or termination, the attorney will only be allowed to advise the employee and not take an active part in discussions, unless permitted by the Division Commander. 7. The employee may make a request for further investigation if facts known to the employee were not uncovered in the investigation. Requests for further investigation by the employee must be in a form prescribed by the Division Commander. 8. The Division Commander will determine if additional investigation will benefit the employee or if it would change the disposition. If so, the investigation will be returned to the investigator. 9. Any additional investigation requires the process return to the Division Commander Review. 10. Once the Investigative Hearing has completed and no further investigation is required, the process moves to the Disciplinary Hearing.

301.3.13 DISCIPLINARY HEARING 1. Findings of Exonerated, Not Sustained, or those Sustained with a Category of Discipline as Supervisor Intervention or Category A Violations will be completed by the unit/section supervisor. 2. Findings of Sustained with a Category B written reprimand or first/second reminder letter will be completed by the Division Commander or his/her designee. 3. Findings of Sustained with a Category C written reprimand for classified employees or any Category C or D discipline for professional staff will be completed by the Bureau Chief or his/her designee.

DISCIPLINE

4. For classified personnel who the Division Command recommended restitution, a temporary suspension, demotion, or indefinite suspension, the Disciplinary Hearing will be completed by the Chief of Police. (a) Present for the Disciplinary Hearing may be: 1. The employee; 2. The employee’s representative. This may include the employee’s legal representative and/or a board member of the Pearland Police Officer’s Association, the representative will only be allowed to advise the employee and not take an active part in discussions; 3. The employee’s supervisor; 4. The employee’s Division Commander; 5. The employee’s Bureau Chief; 6. The City Attorney; and 7. The Chief of Police 8. Any persons identified by the Chief of Police as beneficial to the proceeding. (b) At the Disciplinary Hearing the Chief of Police will outline the determination of appropriate discipline needed to correct the sustained misconduct and issue the discipline. (c) Upon issuance of the discipline, the Chief of Police will sign three original Temporary or Indefinite Suspension/Demotion/Restitution letters. The employee will sign all three original letters, acknowledging receipt. The three letters will be distributed as follows: 1. One original to the Civil Service Commission; 2. One original to the employee; and 3. One original to the Investigation. 5. Completed investigations will be forwarded to the Support Bureau Assistant Chief. The Support Bureau Assistant Chief will insure all department records are updated and documentation associated with the investigation has been scanned and filed in accordance with records retention policies.

301.3.14 GENERAL PROVISIONS 1. Supervisors and Professional Standards Investigators are prohibited from discussing the details of their investigation with uninvolved individuals. 2. Subject employees and witness employees should be issued confidentiality orders, regardless they are not to discuss matters related to the investigation with anyone other than their counsel or the assigned investigator until the investigation has been completed.

DISCIPLINE

3. If at any stage of the investigation, conduct is identified indicating a policy or procedural violation not related to the incident under investigation may have occurred; (a) The employee’s Division Commander may refer minor misconduct to the employee’s unit supervisor for informal counseling, or (b) A memorandum of complaint to initiate an investigation into the alleged violations shall be forwarded to the Support Bureau Chief, who will determine the appropriate routing for the investigation of the complaint. 4. Investigations involving multiple employees accused of misconduct within the same incident shall be investigated as a single case. 5. Complaint files will be retained in the Administrative File Room 2072. Access to these files is restricted to personnel designated by the Chief of Police. (R.P. 2.09) 6. Following the issuance of discipline, the subject employees Division Commander will insure notification of the outcome is made to the complainant and document the same in the investigation folder. (R.P. 2.10) 7. Under no circumstances will any employee fail, refuse, or neglect to route, take, or record complaints as outlined in this policy. Failure to take appropriate action upon observation, or notification, of misconduct is a Category B Violation . 8. Nothing in this policy, or in an investigation conducted under this policy, should be construed as to confer Civil Service status or other statutory provision to professional staff.

301.3.15 RECORDS RETENTION The Government Code, Section 441.158, requires the Texas State Library and Archives Commission issue records retention schedules for each type of local government, including a schedule for records common to all types of local government. References to this schedule are noted parenthetically. (RP 5.02) 1. Upon separation from employment, all currently retained investigative files involving the separated employee will be relocated to a separate file and retained in accordance with policies and statutes governing separation. 2. All complaints with a finding of NEVER FORMALIZED will be removed after 2 years from the date of the finding. Electronic records will be deleted, and paper records shredded. (PS4075-01e) 3. Removal of formalized complaints will result in the deletion of electronic records and delivery of the paper records to subject employees according to the following subsections. The reason for providing the record to the employee is if the employee should seek employment elsewhere and is required to answer questions about prior complaints, this will help them provide accurate information. 4. All complaints with a finding of EXONERATED or UNFOUNDED (a previously used disposition) will be removed after 3 years from the date of the finding. (PS4075-01d) 5. All complaints with a finding of NOT SUSTAINED or SUPERVISOR INTERVENTION, or those with a finding of SUSTAINED where the highest level of discipline was verbal

DISCIPLINE

counseling, coaching, training, or education will be removed after 5 years from the date of the finding, provided however the employee had no sustained complaints within 1 year immediately preceding the 5-year mark. (PS4075-01c) 6. All complaints which result in a finding of SUSTAINED where the employee received a written reprimand will be removed after 15 years from the date of the finding. (PS4075-01b) 7. All complaints which result in a finding of SUSTAINED where an employee received negative discipline (suspension, indefinite suspension, and forced demotion) are retained permanently. (GR1050-07) 8. The department will retain investigations related to Officer Involved Shootings and In- Custody deaths permanently given the seriousness of those incidents. (PS4075-01a) 9. Complaints which are related to a current reckoning period will be kept until the reckoning period is up and then pursuant to above.

301.3.16 RELIEF FROM DUTY 1. Any command-level supervisor of the rank of Captain or above may relieve an employee of his/her duties with pay pending the outcome of an internal investigation if it is determined the circumstances surrounding a pending investigation are of such a nature the employee should not continue service in the employee’s assigned capacity. The employee may be informed verbally of this order. 2. When an employee is relieved of duty, the relieving supervisor will take possession of the employee’s badge, official identification and building access card. These items will be maintained by the Chief of Police or his/her designee. Employees assigned a take-home vehicle will be required to park the vehicle at the Public Safety Building for the duration of the relief from duty. 3. Within (3) working days of relief from duty, the employee will be given written notice of his/her relief of duty, stipulating but not limited to the following information: (a) Pending investigation of alleged misconduct; (b) Duties the employee shall/shall not perform as directed by the Chief of Police; and, (c) Name of the employee to whom the employee relieved of duty will call/report daily. The employee shall provide a number or location where he/she may be reached. 4. Only the Chief of Police or his designee may suspend an employee without pay or indefinitely suspend an employee. 5. Any supervisor may temporarily relieve an employee of duty for one shift if the supervisor feels such action is immediately necessary due to the employee’s conduct. The Division Commander will be notified as soon as possible after the action is taken and an investigation will be initiated as outlined in this directive.

DISCIPLINE

301.3.17 BRADY NOTIFICATIONS The department will make notifications to the City of Pearland Legal Department and the offices of the District Attorneys in Brazoria, Fort Bend and Harris County regarding information about recurring government witnesses that may be favorable to the defense and may therefore need to be disclosed. 1. The Support Bureau Chief, or his/her designee, will make notification to the City Attorney and District Attorneys regarding the following: (a) Sustained findings of untruthfulness or investigations where an employee resigns or retires in lieu of termination for untruthfulness. 2. The Support Bureau Chief, or his/her designee, will make notification to the City Attorney and District Attorneys regarding a relief of duty which impacts an officer’s availability to testify in court 3. The Support Bureau Chief, or his/her designee, will make notification to any current employee when they have been referred to a prosecutor as part of a Brady Notification.

301.3.18 RIGHT OF APPEAL Nothing contained in this policy shall prohibit or be construed to prohibit any employee the rights of Appeal granted under Local Government Code 143 or any other law, ordinance, Civil Service Procedure, or Personnel Policy in effect at the time of the discovery of any misconduct. 1. Matters subject to appeal for Civil Service employees (a) Disciplinary suspensions and recommendations for demotion are subject to appeal in accordance with Local Government Code, Chapter 143 and City of Pearland Police Officers’ Civil Service Rules and Regulations. (R.P. 2.08) (b) Officers must file their intent to appeal with the Civil Service Director in accordance with City of Pearland Police Officers’ Civil Service Rules and Regulations. 2. Matters subject to appeal for professional staff are found in the City of Pearland Employee Handbook.

CIVIL LITIGATION CASES

302.1 PURPOSE Litigation alleging misconduct by law enforcement officers has increased dramatically in recent years. These cases involve complex issues, turning upon evidence that has traditionally been considered confidential internal information. While such litigation can be extremely expensive and harmful to the department’s reputation, it can also clarify issues and help provide better service. In order to be adequately prepared for such litigation, it shall be the policy of this department to maintain a strong and coordinated response and to reduce future litigation through increased training and education.

302.2 DEFINITIONS A. Department Legal Counsel - any licensed attorney hired by the governmental unit under which the law enforcement agency operates for the purpose of rendering legal advice or other legal services to the agency. B. Discovery - The judicial process for compelling production of written records or other evidence for use in litigation. C. In Camera Inspection - Judicial inspection of allegedly privileged information to determine whether the need to present such information as part of the essential proof of the case outweighs the interest in maintaining its confidentiality

302.3 PROCEDURES

302.3.1 POST INCIDENT PROCEDURES 1. For incidents likely to result in civil litigation, the appropriate Division Commander shall forward a copy of the complete report to the Chief of Police as soon as possible. 2. The Chief or his designee shall prepare and submit a confidential memo to the department’s legal counsel providing a full assessment of the incident. As soon as possible, the Chief or his designee shall meet with the legal counsel and the officers involved in the incident to: (a) Advise the officers that any internal investigation initiated does not necessarily imply misconduct on their part. (b) Advise the officers that they are not required to discuss the incident with reporters or attorneys not associated with the department. 3. The Internal Affairs Investigator shall have the responsibility to assemble the following items for the Chief’s litigation files: (a) Copies of all relevant departmental policies pertaining to the incident. (b) Copies of any relevant radio communications, computer, or telephone records or tapes. (c) Secure any available relevant photographs/video pertaining to the incident.

CIVIL LITIGATION CASES

(d) Copies of the disciplinary and training records of all involved personnel. (e) Where applicable, the criminal docket from any criminal case arising from the incident.

302.3.2 RESPONSIBILITIES OF CHIEF OF POLICE 1. The Chief or his designee shall coordinate all departmental responses to litigation in conjunction with the department’s legal counsel. 2. A litigation file shall be developed and maintained containing copies of all legal documents generated in each case, and the responses to such documents. All litigation files shall be kept in a secure location. 3. An accounting process shall be established to insure that: (a) All documents are routed to the appropriate unit for resolutions, (b) All documents are processed and fulfilled by the due date, and (c) A record is kept detailing the information released in each case and for what purpose. 4. The Chief or his designee shall undertake a regular audit of departmental litigation to determine whether a need for policy revision or training exists. The audit shall include settlements and all litigation filed or resolved during the period to be reviewed. 5. Updates on current case law and statutes relevant to law enforcement shall be disseminated to the department employees.

302.3.3 DIVISION RESPONSIBILITIES 1. All divisions shall comply with discovery requests and subpoenas for internal records as advised by the department’s legal counsel on or before the due date. 2. Any law enforcement employee receiving a discovery request and/or subpoena for internal records shall complete a memorandum directed to the Chief of Police routed through the Chain of Command notifying of the request or subpoena. A copy of the request or subpoena shall be forwarded to the Chief of Police.

302.3.4 RESPONSIBILITY OF LAW ENFORCEMENT EMPLOYEES 1. Any law enforcement employee receiving a subpoena to testify in a civil case as to actions undertaken in his official capacity shall immediately notify the Chief of such subpoena. A copy of the subpoena shall be forwarded to the Chief of Police. 2. Any law enforcement employee named as a party in a civil action for acts or omissions allegedly arising out of the scope of his official duties shall immediately notify the Chief of Police via memorandum. (a) The employee shall inform the Chief whether or not the employee will engage a private attorney, or whether representation through the department’s legal counsel is requested.

CIVIL LITIGATION CASES

(b) Where the employee has requested legal representation through the department’s legal counsel, the employee shall cooperate fully with his legal representative. 3. No law enforcement employee shall make public statements in his official capacity as a law enforcement agency employee concerning litigation affecting the department without the express approval of the Chief of Police.

302.3.5 RESPONSE TO SUBPOENAS AND DISCOVERY REQUESTS 1. All discovery requests or subpoenas for department records, reports or notes will be complied with as directed by the department’s legal counsel and in accordance with State Law. 2. The following information is generally subject to release to a judge only for in camera inspection to determine discoverability. (a) Personnel records. (b) Citizen complaints. (c) Internal investigative files of an incident that is currently the subject of criminal or civil litigation. (d) Blanket requests for all internal investigations into officer misconduct, or misconduct similar to that being litigated. (e) Blanket requests for internal investigations into all past misconduct of officers currently the target of litigation. 3. The following information may or may not be fully discoverable: (a) Records of official review boards. (b) Departmental policies and procedures. (c) Training records (personal information such as scores would be released only for in camera inspection, but factual information, such as class lists, may be released). (d) Internal memos that do not fall into the attorney work product privilege. 4. Privileged material generally not subject to discovery includes: (a) Names of confidential informants, citizens who wish to remain anonymous. (b) Incubator statements made by officers, unless made pursuant to a voluntary waiver of rights. (c) Records of ongoing internal investigations that would be jeopardized by disclosure. (d) Investigation files relating to ongoing criminal investigations. (e) Communications subject to any legal privilege.

CIVIL LITIGATION CASES

302.3.6 RESPONSE TO MEDIA 1. The Chief of Police or his designee shall be responsible for coordinating all department statements pertaining to any incident or litigation involving the department. 2. No statements regarding any incident or legal case involving the department shall be given before the Chief has received all relevant facts. 3. A file shall be maintained detailing the media coverage of litigation incidents involving the department. 4. The Chief of Police or his designee shall work with the department’s legal counsel to present fair and accurate media statements pertaining to testimony, legal issues or other concerns arising from litigation or any other incident involving the department.

Chapter 4 - Assignments and Specialized Units

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. Assignments and Specialized Units - 126 Published with permission by Pearland Police Department Policy Pearland Police Department 400 Policy Manual

PERSONNEL ASSIGNMENTS

400.1 PURPOSE The purpose of this policy is to establish the procedures necessary for the assignment of personnel to allocated positions. It sets forth uniform guidelines and procedures for transfers within the department. All employees of the Police Department serve in assignments at the will of the Chief of Police; nothing in this policy negates that authority.

400.2 DEFINITIONS A. Permanent Assignment – Those assignments which last perpetually until changed through reassignments, transfers, administrative leave, or other means. B. Rotation Assignment – Those assignments established within specialized positions, for 6 months to one year, designed to provide a police officer experience within that assignment for career development. C. Temporary Assignment - Those assignments lasting 30 days or less and that were approved by the division commander. Employees on training are exempt from this definition.

400.3 PROCEDURES

400.3.1 CIVILIAN PERSONNEL (NON-SWORN MEMBERS) 1. The police department works in conjunction with human resources to identify job descriptions for all positions within the police department. 2. Civilian personnel positions are requested by the police department, through a combined effort with city administration and are allocated by City Council. 3. All allocated civilian positions are assigned to one of the divisions within the department or directly to the Police Administration. 4. All civilian personnel work hours/shifts as directed by the Chief of Police or the Chief’s designee(s). 5. Civilian personnel are assigned to either 40-hour work periods over 7 consecutive days or 84-hour work periods over 14 consecutive days.

400.3.2 POLICE PERSONNEL (SWORN MEMBERS) 1. Sworn personnel positions are requested by the police department, through a combined effort with city administration and are allocated by City Council. 2. Allocated police positions are assigned by the Chief of Police or the Chief’s designee(s), through this policy. 3. Police personnel are assigned to either 40-hour work periods over 7 consecutive days or 84-hour work periods over 14 consecutive days.

PERSONNEL ASSIGNMENTS

400.3.3 SUPERVISORY PERSONNEL 1. All supervisors will serve in assignments at the will of the Chief of Police.

400.3.4 POLICE PATROL ASSIGNMENTS 1. This section does not pertain to those officers in the Patrol Division who are assigned to the Special Operations Squad in specialized assignments. 2. Officers and supervisors are all assigned to the 84-hour work periods. 3. Shift bids will be conducted by the Patrol Division Commander or the designee twice a year: from 0800 hours of the first Monday in April through 0800 hours of the fourth Friday in April and again from 0800 hours of the first Monday in October through 0800 hours of the fourth Friday in October. Any discrepancies found in the seniority list shall be addressed by memorandum or e-mail to the Patrol Division Commander immediately, through the officer’s chain of command. (a) Officers will place the order of their preferences for available squad assignments. This may be done by proxy with the permission of the bidding officer.All assignments will be filled based on seniority and availability. 1. Patrol officers who are scheduled for excused absences, vacation, sick leave, etc. during the shift bid process shall notify the Patrol Division Commander or designee of their preference. The officer shall submit a memorandum or send an e-mail to the Patrol Division Commander through the officer’s chain of command prior to the scheduled absence, listing the officer’s preference(s). 2. An officer who fails to bid in person, by proxy or through notification of the Patrol Division Commander, drops to the bottom of the bid list.If more than one officer fails to bid, then the officers are placed at the bottom of the list based on seniority. The officers who failed to bid will be assigned by the Patrol Division Commander. 4. The effective date of reassignments shall be the start of the first pay period after January 1st for the October shift bid and the start of the first pay period after July 1st for the April shift bid, unless otherwise directed by the Patrol Division Commander. 5. Once the patrol assignments have been established, movement within the patrol division will occur only at the designated dates of reassignments or through reassignments as determined by the Patrol Division Commander.

400.3.5 POLICE SPECIALIZED ASSIGNMENTS AMD TRANSFERS 1. Posting (a) To be eligible for any specialized assignment, the officer must have completed the officer’s probationary period prior to the date of the posting of the position. (b) Transfers to specialized assignments shall be made upon posting and solicitation to fill an open position.Requests for transfers must include all documentation requested in the posting.

PERSONNEL ASSIGNMENTS

(c) The commander of a specialized assignment will post an application process for a specialized assignment to all eligible personnel by memorandum and by e-mail. The division commander or designee shall clearly detail specific requirements, days off and the application process. The posting for the position shall clearly identify whether or not a process will create an eligibility list and identify the time that list will be in effect. (d) If restrictions for transfers to specialized assignments are contained in other policies, they shall be included in the process listed here (ex. Canine Operations or Honor Guard policies) (e) Applicants for a specialized assignment must meet the minimum qualifications listed in the posting at the time of the posting to be eligible for a transfer. If the application process includes an interview, no officer will be interviewed who does not meet the minimum requirements. (f) The division commander over the position posted may consider the following factors when choosing the officer for the assignment: 1. Performance in the current position, quality and quantity of work. 2. Attitude 3. Departmental seniority 4. Judgment (ability and willingness to make decisions) 5. Sick time usage (abuse thereof) 6. Sustained complaints 7. Commendations 8. Dependability 9. Most recent performance documentation 10. Training programs attended or requested, but denied 11. Participation in activities outside of the department, which reflect favorably on the department. 12. Participation in city and departmental events 13. Willingness to assist the department in accomplishing goals and objectives outside of the employee’s normal assignments 14. Specific assignment abilities (interviewing, interrogating, report writing, willingness to participate as a team member, public speaking, personality, professionalism of dress, physical ability, proficiency with a firearm, etc.) if this is a requirement for the position. 15. Any other factor(s) deemed necessary by the division commander. 2. Eligibility lists (a) Eligibility lists will not last for more than 1 year and will only contain the names of the top three (3) applicants.

PERSONNEL ASSIGNMENTS

(b) Regardless of the existence of an eligibility list, School Resource Officer assignments will require approval of School District Administrators. 3. Assignment (a) Employees who are assigned to a specialized assignment are required to occupy the new position until relieved of that assignment by the new position’s division commander. (b) An employee who fails to meet all of the requisite elements of an assignment will be removed from that assignment and will be reassigned to an assignment for which the employee is qualified. If it is determined that the employee intentionally fails to meet a requisite element of the employee’s specialized assignment, that employee commits a policy violation if done without the division commander’s approval. (c) Selection for ‘Temporary’ or ‘Rotation’ assignments will be determined by Command Staff. (d) Assignments or schedules for officers within divisions or units requiring specialized position transfers will be made by the division commander based upon the needs of the unit. The division commander may consider an officer’s time in the division as a factor in determining assignment or days off. (e) An officer who is assigned to a specialized position may make a written request at any time to be transferred back to the patrol division as a patrol officer. The current position’s division commander will make the determination on when and if the officer is permitted to transfer back to patrol.

400.3.6 SPECIAL PROVISIONS / TEMPORARY ASSIGNMENTS 1. Hardship cases will be considered as exceptions and each will be judged on its own merit by the employee’s division commander. Temporary assignments can be made on the findings and conclusions of the division commander. The temporary assignments will be made on a thirty-day basis and may be extended if justified.

HONOR GUARD

401.1 PURPOSE The Honor Guard Team is a prestigious group that represents the Department in a variety of community and ceremonial events. Members are held to a high standard of professional appearance and honorable conduct, as they reflect the City of Pearland and the Pearland Police Department and serve to honor the fallen members of the Law Enforcement Community. The purpose of this policy is to establish guidelines for the selection and retention of Honor Guard Members, staffing of Honor Guard events, and the Honor Guard Team’s role in various events.

401.2 DEFINITIONS None

401.3 PROCEDURES

401.3.1 HONOR GUARD MEMBER SELECTION Honor Guard member selection will be in accordance with 400 Personnel Assignments and include the following additional criteria: 1. Does not have an active Class II investigation at the time of application. 2. Must pass an oral interview. 3. Have a history of professional appearance.

401.3.2 HONOR GUARD COMMANDER 1. The Honor Guard will be supervised and coordinated by the Honor Guard Commander who will be a department supervisor. 2. The Honor Guard Commander will be selected and appointed by the Administrative Services Captain.

401.3.3 HONOR GUARD MEMBER PARTICIPATION 1. Eligibility to remain on the Honor Guard Team, participate in out-of-state travel opportunities, or participate in any event that is deemed to be a high-profile event by the Honor Guard Commander will be determined in the following manner: (a) To remain on the Honor Guard team, a member must have acquired 5 points of participation and not missed more than 2 mandatory training events in the preceding calendar year. (b) To be eligible to participate in an out-of-state or high-profile event, the Honor Guard team member must have acquired at least 6 points of participation and not missed more than 2 mandatory training events in the preceding calendar year. 2. Mandatory Training events will be held bi-monthly (six training events per calendar year) and scheduled by the Honor Guard Commander. The annual training calendar will be published prior to the January Shift Bid taking effect.

HONOR GUARD

3. Participation Points will be calculated to maintain a record of each member’s participation during a calendar year. New members must maintain minimal standards beginning the first full calendar year following receipt of dress uniforms. Participation Points will accrue in the following manner: (a) - 1 point per event attended with less than a 1-hour drive time. (b) - 2 points per event attended with more than a 1-hour drive time. (c) - 3 points per event attended that requires an overnight stay. (d) - 1 point per event that a member commits to participating in and does not show up for without providing a 24-hour cancellation notice. (e) - 1 point per event that a member is late to, does not arrive with proper equipment, or uniform standards are not met. (f) - 2 points per sustained complaint resulting in a written reprimand, excluding those issued as resolution of a Fleet Crash. 4. Honor Guard members who are sustained for conduct which results in a suspension or demotion will be removed from the team for the reckoning period related to the conduct.

401.3.4 STAFFING HONOR GUARD EVENTS 1. When the Honor Guard Commander or designee is notified of a death of an active or retired classified employee, the Commander will obtain specific information with respect to locations of the memorial service and graveside services, times of services, potential problems, and specific requests such as veteran status. (a) The Commander or designee will contact members to determine availability to attend. (b) Under most circumstances, there should be a minimum of eight members assigned to a funeral detail. 2. When the Honor Guard Commander is notified of any other assignment, the Commander will gather the information necessary to complete the assignment. (a) The Commander or designee will begin contacting members to determine who will attend. (b) There should be a minimum of two Honor Guard members in attendance for funerals of officers of other agencies. (c) There should be a minimum of four members for any assignment that involves the use of the flags in a Colors Team. (d) There should be a minimum of two members for memorials or ceremonies of other agencies.

401.3.5 LINE OF DUTY DEATHS 1. The Honor Guard will coordinate with the Department Liaison Officer in accordance with Line of Duty Death Standard Operating Procedure 400.30.The Honor Guard will

HONOR GUARD

coordinate with the Department Liaison Officer in accordance with 211 Line of Duty Death. 2. The following honors will be provided by the Honor Guard in coordination with Department Liaison Officer (a) Pre-Funeral Services 1. Assist in 24-hour Honor Watch 2. Casket Guard for any Wake or Viewing to be held (b) Funeral Services 1. Casket Guard - To begin as close to one hour prior to the start of the service as possible and conclude immediately before the scheduled service. 2. Wall of Honor i. Coordinated by a designated Honor Guard member with the assistance of the funeral director. ii. Conducted by all Officers in attendance. iii. The highest-ranking member of the department will be placed nearest the coach, descending in rank. iv. Wall of Honor Coordinator will call uniformed Officers to attention and order Present Arms. Order Arms will be given when the casket is placed in the coach, and Officers will be dismissed upon the closing of the coach doors 3. Colors Team (c) Graveside Services (May also be performed at funeral location) 1. Wall of Honor i. Similar procedure as conducted during the funeral services. 2. Flag Folding and Presentation i. Performed by three Honor Guard Members. ii. If the deceased was a veteran of the U.S. Armed Forces, the casket will be covered with an American Flag. If the deceased was not a veteran, the casket will be covered with a Texas Flag. 3. The folded flag will be provided to the Chief of Police, who will in turn present the flag to the designated family member. 4. End of Watch Call 5. Aircraft Flyover if available. 6. Firing Team / 21 Gun Salute 7. Taps - If the deceased is prior military, the respective branch of service may be contacted to assist in coordinating this honor.

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8. Riderless Horse Ceremony if available. 9. Bagpipes if available

401.3.6 FUNERAL FOR ACTIVE OR RETIRED CLASSIFIED EMPLOYEES (NON-LINE OF DUTY) 1. When the Commander is notified of a death of an active or retired classified employee by Family Liaison Officer, the Commander will begin assembling a detail as described in the section Staffing Honor Guard Events at the request of the active or retired employee’s family. 2. The following honors will be provided by the Honor Guard in coordination with the family members, funeral home, and clergy conducting the services: (a) Pre-Funeral Services 1. None provided unless requested and approved by the Chief of Police. (b) Funeral Services 1. Casket Guard 2. Wall of Honor (c) Graveside Services 1. Wall of Honor 2. Flag Folding and Presentation 3. Final Salute i. Conducted if the deceased was not a military veteran. ii. Designated Honor Guard member will call all Officers to attention, followed by the statement “There is no greater honor to a Police Officer than to be given a final salute for his/her service”. The commands Present Arms and Order Arms will then be given, and Officers will be dismissed. 4. Taps (a) Conducted only if the deceased was a military veteran. (b) Designated Honor Guard member will call uniformed Officers to attention and order Present Arms while Taps is played. Order Arms will be given at the conclusion of Taps, and Officers will be dismissed.

401.3.7 DIGNITARY FUNERALS 1. The Honor Guard will be present at the funeral service of any City of Pearland official or dignitary, past or present, if requested by the Chief of Police, with a minimum of two members in attendance.

HONOR GUARD

2. The following honors will be provided by the Honor Guard, if requested, in coordination with the family members, funeral home, clergy conducting the services, and any other Honor Guard (Fire/Military) detail: (a) Funeral Services: 1. Casket Guard (b) Graveside Services: 1. Folding of Texas flag if the dignitary was a public servant and not a military veteran. 2. Folding of American flag and playing of Taps if the dignitary was a military veteran.

401.3.8 CIVILIAN EMPLOYEE FUNERALS 1. The Honor Guard will be present at the funeral service of a civilian employee if approved by the Chief of Police. 2. Attending Honor Guard will post by the front door of the funeral home or church. 3. If the employee was a military veteran, an American Flag may be folded and presented to the family if requested. If three qualified members are not in attendance to fold the flag, the flag will be pre-folded.

401.3.9 ASSISTING OTHER AGENCIES WITH LINE OF DUTY FUNERAL SERVICES 1. The Honor Guard will be present at the funeral service of any outside Agency when possible and authorized by the Honor Guard Commander. 2. The requested services will be provided as needed in a support capacity only to respect the sovereignty of the primary agency.

401.3.10 CARE OF FLAGS 1. The Honor Guard is responsible to insure flags are at proper staff at the Police Department.

CANINE OPERATIONS

402.1 PURPOSE The purpose of this policy is to establish the procedures to be followed concerning the use of canines for detection of narcotic-contraband or explosives, location of evidence, the tracking of missing persons, and apprehension of criminal suspects.

402.2 DEFINITIONS A. Canine Handler – police officer with the City of Pearland Police Department who has successfully completed a recognized course of canine handling, as outlined in this document, in a specific discipline and maintains those abilities through field application, maintenance training, scheduled certification, and continuing canine education. B. Canine Team- A properly trained Canine Handler and his/her properly trained canine partner, who train and work together as an operational unit. C. Canine Trainer - A person providing training/instruction who has demonstrated, through education, training and operational experience, extensive skill and knowledge in the subject field or discipline. D. Canine Supervisor – a sworn police officer with the City of Pearland Police Department, at or above the rank of Sergeant who has been appointed by the Chief of Police, or his/her designee, to formally oversee and supervise canine operations. E. SWGDOG – Scientific Working Group on Dog & Orthogonal detector Guidelines.

402.3 PROCEDURES

402.3.1 DOG PROCUREMENT 1. Evaluation - All prospective canines shall be tested by the Canine Supervisor, or his/ her designee for traits consistent with the highest level of performance for a police canine. In accordance with guidelines established by the SWGDOG, prospective detector dogs should be evaluated for the following: (a) Temperament (b) Environmental Soundness (c) Search and retrieve/food drive (d) Sociability (e) Tracking 2. Prior to acceptance, the canine will undergo a medical evaluation by the department authorized veterinarian for the following conditions: (a) Age – the dog should be 12 to 36 months of age. (b) Hip dysplasia;

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(c) Kidney functions; and (d) Any other physical defects. (e) Immunization history for: 1. Rabies, 2. Canin distemper (CDV), 3. Canin Adenovirus (CAV-2), 4. Parvovirus (CPV-2), 5. Leptospirosis.

402.3.2 SELECTION OF HANDLERS 1. The department will select handlers in compliance with the Personnel Assignments policy as well as in accordance with the following additional requirements. 2. Minimum Requirements (a) Rank of police officer. (b) Reside within the Pearland City Limits or ETJ and have a home capable of housing a dog in an approved kennel. In order to be eligible, the employee must be able to construct a kennel at the property which meets requirements and does not violate homeowner’s association or other deed restrictions. The location must be suitable to insure compliance with all building codes, permits or other legal requirements of the local jurisdiction. 1. The residence must have adequate space for the construction of a kennel at least 6 feet wide, 8 feet long and 6 feet high. 2. The officer is required to house the canine at his residence. 3. If conflicts between the police canine and other pets in the home occur, the officer selected must remove the pets from the home. (c) Officers selected will serve as a canine unit for the working life of the dog. (d) Must have a professional uniform appearance. (e) Must be physically fit, in good health and must not suffer from serious medical problems. Prior to appointment, selected member(s) must pass the Physical Fitness Evaluation Standards outlined in 203 Employee Wellness and must maintain the physical fitness standards throughout the canine assignment and must further demonstrate capacity not less than bi-annually. (f) Must not have more than one sustained complaint within the reckoning period for: 1. Excessive Use of Force 2. Fleet Accident 3. Conduct Unbecoming

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(g) Must be willing to work a very flexible schedule including evenings and weekends. (h) Must be willing to work a variety of cases including narcotics, property crimes and violent crimes. The officer must be able to prepare comprehensive and well-written reports. (i) Submission of a written memorandum advising interest in the program and qualifications. The memo should be between 300 and 500 words. (j) Attend an oral interview board regarding the position. (k) Provide copies of the previous two performance evaluations. 3. Applicants for the assignment of Canine Handler will be evaluated for the following qualities: (a) Integrity (b) Work Ethic (c) Teamwork (d) Flexibility (e) Trainability (f) Confidence (g) Responsibility (h) Judgment (i) Dedication (j) Initiative (k) Physical Ability, and (l) Tactical soundness 4. Applicants for the assignment of Canine Handler will be evaluated for training and experience in the field. 5. Applicants for the assignment of Canine Handler will be evaluated for the following: (a) Ability to house the canine at the applicant’s residence; and (b) A family/home environment conducive to canine operations; (c) Ability to complete the canine handler curriculum. 6. Functional Assignment – The canine unit will be utilized to enhance the department’s efforts in crime prevention, narcotics detection, criminal apprehension, officer safety and service to the community. 7. Additional Preferred Attributes (a) Training related to this field (b) A history of self-initiated investigations

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(c) Strong initiative (d) Well-developed interview skills (e) Positive public relations skills and willingness to interact with all members of the community (f) Ability to work without close supervision 8. Required Training (a) Initial required training session at designated police K-9 training facility. (b) Minimum of one 40-hour K-9 narcotics training course annually. (c) Minimum of one 40-hour K-9 tracking training course annually. (d) Weekly in-house training on a schedule to be determined by the senior K-9 officer. (e) Recertification annually with the K-9 partner through the National Narcotic Detector Dog Association (NNDDAA). 9. Mandatory Assignments (a) General patrol duties, except for calls for service, on assigned patrol shift (b) Drug Interdiction in public areas (c) Searches relevant to Search Warrant executions, as needed (d) After-hours call outs for tracking, drug searches, searches for evidence or discarded contraband, searches for lost or missing persons, etc. (e) Support of both Patrol and CID as needed (f) Civic Functions/presentations (g) Any other assignment deemed appropriate by the Chief of Police

402.3.3 HANDLER'S RESPONSIBILITIES 1. Canine Teams shall be assigned as directed by the Chief of Police. The Canine Team shall be subject to being called off any general assignment by the on-duty supervisor should the need for a canine arise. The Canine Team will focus on their assigned duties. The Canine Team will be assigned to any Special Projects directed by the Canine Supervisor. 2. Each Canine Handler shall be responsible for the following documents: (a) All reports for which the Canine Handler was the primary officer on scene. (b) A Canine Deployment Module for each deployment by the canine. (c) A supplemental report for each deployment when the original offense report is assigned to another officer. 3. Patrol Officers on canine deployment scenes should document the canine team deployment, for what purpose and the result of the deployment, but should not make

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comments as to the dog's behavior. Specific comments as to the dog's behavior or alert mannerisms should be documented by the Canine Handler in his supplement.

402.3.4 CANINE SUPERVISOR'S RESPONSIBILITIES 1. The Canine Supervisor shall be assigned by the Chief of Police. The Canine Supervisor shall attend an approved course of instruction for the supervision of a Canine unit as designated by the Chief of Police or his/her designee. 2. The Canine Supervisor shall be responsible for: (a) Selection of Canine Unit personnel in accordance with this policy, and 400 Personnel Assignments; (b) In accordance with 1108 Budgeting and Requisition of Goods and Services; 1. Procurement, assignment, and maintenance of unit equipment; 2. Procurement, assignment, maintenance, and security of unit training aids; 3. Recommendation to the Chief of Police for a veterinary services provider. (c) Recommendation to the Chief of Police for the selection and recognition of a canine training school; (d) Recommendation to the Chief of Police for the selection and recognition of nationally accredited organization(s) for canine team certification; (e) Insuring all canine teams are certified annually by the recognized nationally accredited organization in the appropriate disciplines. 1. If a team fails to certify, the Canine Team should be immediately barred from performing any live street function or discipline in which the Canine Team failed. 2. The Canine Team will remain barred from performing the failed function or discipline until such time as the Canine Team is able to successfully complete the certification. (f) The direction, training, and discipline of canine unit personnel; (g) The Canine Supervisor shall successfully complete a formal course of instruction as a Canine Trainer as designated by the Chief of Police or their designee. (h) Maintain Canine Training programs by: 1. Formulation of effective training and deployment plans and provide positive transfers from previous training exercises; 2. Review of all training reports submitted by canine handlers for compliance with agency policy and minimally accepted industry standards. After the Canine Supervisor reviews the canine training report, the Canine Supervisor will maintain a training file for each canine for audit and review purposes: 3. Insuring all canine unit personnel are maintaining the industry’s minimally accepted standard of training of sixteen-hours per month;

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4. Regular attendance at canine maintenance training and canine certification events; 5. Continuous evaluation of Canine Trainers/Instructors and Canine Handlers performance and counsel them as the need requires; 6. Continuous assessment of each Canine Team’s training, certification and deployment progress; 7. Identification and analysis of deficiencies related to canine training; 8. Evaluation of new and changing training and deployment methods; 9. Securing outside assistance when required; and 10. Constructing evaluations, both written and practical, using them as an instructional tool to evaluate the progress of Canine Teams. 3. Canine Trainer (a) Canine Trainers shall be assigned by the Chief of Police on recommendation of the Canine Supervisor and Special Operations Commander. (b) The Canine Trainer for a training program will be designated by the Canine Supervisor. (c) The Canine Trainer for a training program will be the supervisor of record in the absence of the Canine Supervisor. (d) The Canine Trainer must demonstrate through education, training and operational experience, extensive skill and knowledge in the subject field or discipline. (e) The Canine Trainer should successfully complete a formal course of instruction as designated by the Canine Supervisor. (f) The Canine Trainer shall undergo continuing education in canine training and instructing; and which should include safety training in all pertinent disciplines to insure up-to date knowledge of proper handling, storage, transportation and disposal of materials used in training (e.g., explosives, narcotics, hazardous materials and weapons) as well as operations in dangerous environments. (g) The Canine Trainer shall be responsible for the maintenance and proficiency training in the field and may train canines in preparation for a formal course of instruction. (h) The Canine Trainer should be accountable for and provides security for a range of materials used in training (e.g., narcotics, explosives, hazardous materials and weapons). This includes the prevention of loss and/or contamination of the training materials. (i) The Canine Trainer shall continuously evaluate canine handlers’ performance and counsel them as the need requires. (j) The Canine Trainer shall assess each Canine Team’s training progress.

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(k) Each Canine Trainer should be responsible for formulating an effective training plan and provide positive transfers from previous training exercises. (l) Each Canine Trainer should be responsible for recognizing when outside assistance is required and notifying the Canine Supervisor to insure outside assistance is secured. (m) Each Canine Trainer should be responsible for problem solving techniques and the implementation of those techniques. (n) Each Canine Trainer should be responsible for evaluating new and changing training methods. (o) Each Canine Trainer should at the direction of the Canine Supervisor construct evaluations, both written and practical, using them as an instructional tool to evaluate the progress of Canine Teams.

402.3.5 USE OF PATROL VEHICLES 1. The Canine Teams will be assigned a vehicle for duty which has been modified to accommodate the canine. The vehicles procured by the department for canine use will provide adequate space for the Handler, canine, and necessary equipment. 2. The department’s canine vehicles should be equipped as follows: (a) Tinted windows. Canine climate control system. (b) Canine climate control system. (c) Emergency lighting equipment. (d) An enclosure to secure the canine in the rear passenger area of the vehicle. (e) Automatic door opener with remote. 3. The handler shall be responsible for his / her assigned city vehicle and shall insure the vehicle is maintained in a clean and sanitary condition for the canine. 4. The handler shall be responsible for having the scheduled vehicle maintenance performed and for maintaining the vehicle in good working order. 5. The vehicle shall be assigned to the Handler as an assigned vehicle. 6. In the event an assigned canine vehicle is temporarily placed out of service, the Handler may use another Handler’s canine vehicle during the duty shift if a spare K9 equipped vehicle is not available. 7. The Handler shall be responsible for checking to insure the canine climate control system is functioning properly at the beginning of their shift. 8. The Handler shall not leave an agency canine in an unattended vehicle for longer than 15 minutes without conducting regular checks of the canine for comfort, including the functionality of the canine climate control system. 9. Limitations:

CANINE OPERATIONS

(a) Ride-alongs, as described by the department’s policy, in a canine vehicle will be limited and based upon the discretion of the Handler's supervisor. (b) Prisoner transportation will not be permitted in canine vehicles.

402.3.6 REPORTS AND RECORDS A file on each canine will be maintained by the Canine Supervisor for the working life of the canine plus five years. these files will contain reports and records which include, but are not limited to: 1. Registration certificates and papers (if available), 2. Certificates for the Canine Certification process, 3. Certificates of training, 4. Bite / Injury reports; and 5. Medical reports: (a) The Canine Supervisor shall review all department canine medical records and keep a medical record file for each canine. The medical record shall include: 1. Vaccination records, 2. The annual physical examination, and 3. Other medical reports. (b) The Canine Supervisor shall insure each canine receives an annual medical examination and appropriate immunizations. (c) The following minimum information should appear on all medical record documents and information: 1. Dog identification; 2. Name: 3. Tattoo number; 4. Microchip number; 5. Whelping date; 6. Date of examination; 7. Name and signature of examining veterinarian. (d) The following should appear at least once in the medical record: 1. Sex and reproductive status; 2. Breed; 3. Color pattern; 4. Contact information for examining veterinarian. 6. Deployment records

CANINE OPERATIONS

(a) Deployment records shall include all the details and circumstances surrounding each deployment. (b) The Deployment Records and Report should be completed by the Canine Handler as soon as practicable following each deployment. (c) The Deployment Records and Reports should be reviewed (for compliance with policy, law and industry standards) and approved/rejected by the Canine Supervisor who should maintain an agency file. (d) If the Canine Supervisor and/or Canine Trainer determine a Canine Team has failed to comply with policy, law, industry standards or otherwise has fallen below accepted standards, appropriate steps to correct the Canine Team’s deficiency will be immediately implemented.

402.3.7 GENERAL 1. Unit Structure (a) The Canine Supervisor or certified Canine Trainer will coordinate training of the Department’s canine teams to insure proficiency in trained purposes. (b) The Canine Unit is composed of all Canine Teams, regardless of assignment. (c) The total number and type of Canine Teams is determined by the Chief of Police and is based upon the needs of the department. 2. Utilization (a) Situations which may call for the use of a Canine Team / Unit include, but are not limited to the following: (b) Any scene involving the location of items of evidentiary value, (c) Missing persons, (d) The apprehension of suspects, (e) Calls where the presence of a canine may deter an attack on a police officer, (f) Protection of officers or others from death or serious bodily injury, (g) Serving warrants on persons who are dangerous or known to flee, or (h) In any situation where specialized canine training would be beneficial to the investigation. 3. Limitations of use include, but are not limited to: (a) Searching for missing and non-criminal persons. In non-emergency situations, only non-apprehension canines should be utilized to search for or track missing and non-criminal persons. (b) Apprehension canines and non-apprehension may be utilized to search for or track missing and non-criminal persons in an emergency situation. 1. Examples of emergency situations include, but are not limited to conditions existing where, if the missing or non-criminal, person is not found without

CANINE OPERATIONS

delay there is a substantial risk of death or great bodily harm to the individual or others. 2. If an apprehension canine is utilized for the purposes of searching for or tracking a missing or non-criminal person the handler should keep the canine on lead, utilize a short lead (6’ or shorter), maintain complete control over the canine and make numerous announcements during the search or track. (c) Canine handlers should maintain complete control over their canines. (d) Canine handlers should always keep their canines on lead when it is reasonable to believe safety concerns exist or when it is reasonably foreseeable innocent persons may be present. Canine handlers may take their canines off-lead, while maintaining complete control of the canine to: 1. Break, exercise or otherwise allow the canine to relief itself. 2. During training exercises requiring off- lead control. 3. During criminal searches or apprehensions where the Canine Handler reasonably believes the existence of an immediate threat of safety to officers or others on scene. 4. Under normal conditions, the Canine Handler should not allow the canine to work off-lead and out of the Canine Handler’s sight for an extended period. The Canine Handler should not allow the canine to work off-lead and out of the Canine Handler’s verbal control. 4. Police Canines shall be used at the discretion of the Handler, consistent with this policy, using sound judgment and with the primary focus being the safety of the public and the intent of canine operations. 5. On-Duty Requests (a) When an officer encounters a situation, where a canine may be beneficial, the officer should contact the on-duty Canine Team directly. Department personnel are encouraged to request assistance of a Canine Team as the need arises. Arrests made or evidence located by canine assistance shall be deemed to have been accomplished by the requesting officer. (b) A Canine Handler shall have the ultimate authority not to deploy the dog. The handler will evaluate each situation and determine if the use of a canine is technically feasible. Generally, the decision to deploy the dog shall remain with the handler; however, a supervisor sufficiently apprised of the situation may decide not to deploy the dog. 6. Off-Duty Requests (a) When the Canine Team is off-duty, the officer shall contact the on-duty supervisor, who will then make the determination as to whether the Canine Team should be called in off-duty. Pearland Police canine teams should be contacted to determine availability prior to outside agencies being contacted to provide canine services.

CANINE OPERATIONS

7. Requests to Assist Outside Agencies (a) All requests for canine use (on-duty or off-duty) by outside jurisdictions shall only be approved by the on-duty supervisor. (b) If the request is approved, dispatch will generate an event number, and notify the Handler of the request and any special considerations or directions of the deployment. Dispatch should contact the requesting agency and relay an approximate arrival time for the Canine Team. (c) If a Pearland Police Department canine team is sent to assist another agency, a second Pearland Officer will be sent as an assisting unit. If the request is to help search for, locate, or apprehend a criminal suspect, two Pearland Officers will be sent as assisting units. (d) Upon arrival at the scene, the Canine Team shall contact the incident commander for a briefing. (e) In the event the Handler is contacted directly by a representative of the agency requesting assistance, it is the Handler’s responsibility to notify dispatch as well as the on-duty supervisor for approval to assist the other agency. The Handler should request the outside agency contact dispatch and make a formal request. 8. Announcements prior to release of Canine (a) Prior to releasing an apprehension canine to search for, track, or apprehend a criminal suspect, canine warning announcements should be utilized. Canine warning announcements should be sufficient in volume and quantity to notify any and all persons located in the particular canine search area of the presence of an apprehension canine. 1. It is be the responsibility of the Canine Handler to insure canine warning announcements are made by the Canine Handler or by another officer. 2. Canine warning announcements may be forgone when it is reasonable to believe the suspect is armed with a dangerous weapon, and where feasible notification to the on-duty supervisor is made. The reasons must be documented in the Canine Deployment Module and the Offense report. 3. Warning announcements should include, the following: i. Law enforcement authority, ii. The opportunity for peaceful surrender, and iii. The consequence of a dog bite for failing to comply. iv. As an example, “This is the Pearland Police Department Canine Unit. Anyone inside the building, announce yourself now and surrender or a police dog will be used to find and bite you.” 9. Justifications for apprehension (a) In deciding to utilize a canine to apprehend a criminal suspect, Canine Handlers should be guided by these factors: 1. The severity of the crime at issue,

CANINE OPERATIONS

2. Whether the suspect poses an immediate threat to the safety of officers or others nearby. 3. Whether the suspect was actively resisting the arrest or attempting evade arrest by flight. 4. The Canine Handler reasonably believed the use of the canine was immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest. (b) If an apprehension canine is utilized to seize a criminal suspect by biting, the Canine Handler should immediately cease the utilization of the apprehension canine upon the suspect’s surrender and compliance, except when the Canine Handler reasonably believes the continuation of the utilization of the canine to apprehend the suspect is immediately necessary and the suspect continues to pose an immediate threat to the safety of officers or others nearby.

402.3.8 SAFETY To insure te safety of all persons involved, the following guidelines well be adhered to at all times: 1. Employees shall not tease or harass the canine or engage in “horseplay” near the canine except for training purposes as authorized by the Handler. 2. Except in emergency circumstances or with prior approval of the Handler, personnel other than Canine Handlers shall not give commands to the canine. 3. Do not approach the Canine Team immediately upon their arrival. Allow the Canine Handler to get the canine out of the vehicle and under lead control prior to approaching the Canine Team. 4. All personnel shall follow the directions of the Handler and / or the Supervisor when the canine is utilized.

402.3.9 EXPLOSIVE SNIFFS AND DETECTION 1. When a Canine Team responds to a situation, the Canine Handler is in charge of the part of the operation which requires the deployment of the explosive canine. Due to the technical nature and extreme danger involved in the detection of explosives, the Canine Handler should have authority to determine if the canine should or should not be deployed. The Canine Handler should confer with the on-scene personnel in planning any search 2. Handler Responsibilities (a) Handlers need to be mindful if the infallibility of explosive detection canines, but a well-trained explosive detector canine can detect explosives regardless of efforts to mask the scent. Their effectiveness depends largely upon the intelligent application of their capabilities. (b) The Canine Handler will recommend to the on-scene supervisor the best tactical application and deployment of the explosive detection canine in consideration of the following:

CANINE OPERATIONS

1. Any time a canine is to be deployed to search for explosives, the Handler will consider the size of the area to be searched and the ability for a single canine search. 2. When the canine is to be used for an explosive search, the canine will be the first to search the building in order to not confuse or contaminate the scent. 3. The Canine Handler should have a trained back-up officer/over watch. Preference for this over watch position should first be given to another canine officer, and then to an officer trained in counter IED (Improvised Explosive Device) or SWAT experience, but the Canine Handler will make the final determination. This allows the Handler to direct attention toward the canine. 4. Since the explosive detection canine is used for a specific purpose, it is very important to have a clear understanding of how to properly use the canine to accomplish a mission. 5. The Canine Handler will determine the duration of the deployment. 6. A Canine Handler shall have the ultimate authority not to deploy the dog. The handler will evaluate each situation and determine if the use of a canine is technically feasible. Generally, the decision to deploy the dog shall remain with the handler; however, a supervisor sufficiently apprised of the situation may decide not to deploy the dog. 7. If a bomb has been identified, coordination with an explosive ordnance disposal (EOD) team and appropriate fire rescue agencies will be made for the disposal of the explosive device. 8. The explosive detection canine may conduct further searches for possible secondary devices at the discretion of the Canine Handler and the EOD team. 9. The decision to deploy the canine off-lead will be determined by the Canine Handler. 10. In tandem with any bomb threat dispatch, all relevant emergency personnel will stage outside of an established inner-perimeter. 11. All searches for explosive devices or any hazardous explosive material shall only be conducted by personnel trained to conduct such searches. 12. An EOD team will be called for any positive-alerts, and the Canine Handler should not wait for a second explosive canine detection team. 13. The Canine Handler should not let the canine touch suspicious parcels or packages. (c) Building searches for explosives. 1. No member of the Canine Unit will be compelled to search a building if it is not deemed safe, for any reason.

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2. In situations where the detonation time was not stated, the threat should be evaluated and a decision about whether to evacuate the area should be based on the best available information. 3. A thorough inspection of the building or area and a careful check of all people in the area. The thoroughness of the inspection will depend on the estimated detonation time, if known. 4. Canine sniffs may be conducted on or off-lead at the discretion of the Canine Handler. The handler must be able to maintain control of their assigned canine for the duration of the sniff. 3. All other officers should adhere to the basic procedures to insure the canine is able to perform to the highest level. The basic procedures are as follows: (a) Once the perimeter is secure, do not allow anyone to enter the perimeter unless it is absolutely necessary to preserve human life. Note: This should be accomplished from a safe distance and from behind cover. (b) Advise the Handler in detail of all pertinent facts about the situation which necessitated the Canine Team to respond to the scene. (c) Do not allow any person, civilian or officer, to enter the building after the Canine Team makes entry without the consent and permission of the Canine Handler. (d) Maintain a perimeter guard on the building until advised by the Canine Handler the building has no indications. (e) During the Canine Team search, do not attempt to make contact with the Canine Handler unless it is necessary to pass critical information to the Handler or the supervisor wishes to abandon the search. Electronic signals could detonate an explosive.

402.3.10 BUILDING SEARCHES 1. When a Canine Team responds to a situation, the Canine Handler bears responsibility for the part of the operation which requires the deployment of the police canine. The Canine Handler confers with the on-scene personnel in planning the approach to the situation. 2. Prior to releasing an apprehension canine to search for or apprehend a criminal suspect, all reasonable efforts should be made with the building’s owner, management or other agent to insure the building is free of innocent parties. 3. Handler Responsibilities (a) The Handler is responsible for proper announcements consistent with subsection G(8). (b) The Handler is responsible for adhering to apprehension factors consistent with subsection G(9). 4. Other Officer Responsibilities - All other officers should adhere to the basic procedures to insure the canine is able to perform to the highest level. The basic procedures are as follows:

CANINE OPERATIONS

(a) Preserve the scene and guard the point of entry from a distance to preserve any scent at the point of entry. (b) Once the perimeter is secure, do not allow anyone to enter the building unless it is necessary to preserve human life. The introduction of other scents into the building may contaminate the area to be searched, thus making the canine’s mission much more difficult. (c) Cover all possible exits from the building so any attempt by the suspect to leave the building will be immediately noticed. This should be accomplished from a safe distance and from behind cover. (d) Advise the Handler in detail of all pertinent facts about the situation which necessitated the Canine Team to respond to the scene. (e) When the Canine Team is ready to make entry into the building, limit the amount of noise so the canine can utilize its sense of hearing. (f) Unless extenuating circumstances exist, the Canine Team should always be accompanied by at least two back-up officers. (g) When possible, the Canine Handler should have the back-up officer handcuff, search, and effect the arrest of any suspect. This allows the Handler to direct all attention toward the canine. (h) Do not allow any person, civilian or officer, to enter the building after the Canine Team makes entry without the consent and permission of the Handler. (i) Maintain a perimeter guard on the building until advised by the Canine Handler the building is clear. (j) During the Canine Team search, do not attempt to contact the Canine Handler unless it is necessary to pass critical information to the Handler or the supervisor wishes to abandon the search. (k) Personnel may not approach the Canine Team during or after an arrest unless so directed by the Canine Handler. (l) The Canine Team may make the arrest inside the building, which is being searched, if circumstances demand it.

402.3.11 NARCOTIC-CONTRABAND DETECTION SNIFFS 1. When a Canine Team is called to assist in a narcotics-contraband search, the Canine Handler is in charge of the particular part of the operation which requires the use of the canine. The Canine Handler confers with the primary officer at the scene to determine the best possible approach to the situation and the scope of the search. 2. The Canine Team should attend the pre-raid briefing before they are required to take part in operations, such as; warrant execution, tactical operation, or large-scale special event. 3. All narcotic-contraband detection dog sniffs shall be conducted in accordance with applicable United States and Texas laws. Special considerations will be given in the following circumstances.

CANINE OPERATIONS

(a) Residential Narcotic-contraband Detection/Sniffs 1. Canine Teams should not be utilized to conduct narcotic-contraband detection sniffs at residential doors, including apartment doors unless officers possess a valid search warrant authorizing such action. (b) Vehicles Narcotic-contraband Detection/Sniffs 1. Canine Teams may be utilized to conduct narcotic- contraband detection sniffs of vehicles: i. When there is lawful seizure of the vehicle and/or occupants and where the utilization of the narcotic-contraband detection dog does not extend the traffic stop beyond its original mission. ii. When there is no seizure of the vehicle or vehicle occupants and the vehicle is in a public location. iii. When there is a lawful seizure of the vehicle and/or occupants and the officers possess reasonable suspicion to believe the occupants are engaged in criminal activity. iv. Pursuant to valid voluntary consent. v. Pursuant to a valid search warrant. 2. Due to the inherent dangers, ordinarily, vehicles should not be subject to a canine narcotic-contraband detection sniff when occupied. 3. If the canine produces a positive-alert for the presence of narcotic- contraband odors, officers may search the vehicle (consistent with applicable United States and Texas laws) or seize the vehicle to obtain a search warrant. 4. A failure of a canine to produce a positive-alert for the presence of narcotic-contraband odors should not negate any pre-existing reasonable suspicion or probable cause factors related to the totality of the circumstances. (c) School Narcotic-contraband Detection/Sniffs 1. Use of Canine Teams to sniff for and detect narcotic- contraband in a school environment fall under the Special Needs Doctrine. Schools have a vested interested in maintaining a safe environment conducive to education. 2. Canine Teams will only assist school officers with active investigations and sufficient grounds for a specific search. i. While assisting school officials, Canine Teams should only conduct narcotic- contraband detection sniffs of in animate objects (i.e. student lockers in public hallways or cars in the school parking lot). ii. Canine Teams will not conduct general sweeps for narcotics- contraband.

CANINE OPERATIONS

3. If the canine provides a positive-alert for the presence of the odors of narcotic-contraband, the Canine Handler will notify the investigating officer of any and all locations of the canine’s positive-alert for follow up and investigation.

402.3.12 TRACKING - TRAILING AND OPEN FIELDS PROCEDURES 1. Handler Responsibilities (a) In tracking/trailing and open field searches, the Canine Handler should insure all precautions were taken to clear unauthorized persons away from the area to be searched. The task of clearing the area can be delegated by the Handler. (b) Canine handlers should always keep their canines on lead when it is reasonable to believe safety concerns exist or when it is reasonably foreseeable innocent persons may be present. Canine handlers may take their canines off-lead, while maintaining complete control of the canine: 1. During criminal searches or apprehensions where the Canine Handler reasonably believes the existence of an immediate threat of safety to officers or others on scene. 2. Under normal conditions, the Canine Handler should not allow the canine to work off-lead and out of the Canine Handler’s sight for an extended period. 3. The Canine Handler should not allow the canine to work off-lead and out of the Canine Handler’s verbal control (c) The Handler will insure a broadcast is made to all units at the scene announcing the canine will be conducting a search and whether the canine is on or off lead. (d) When searching for missing and non-criminal persons, canine use shall be consistent with Subsection G(3). (e) Canine Handlers should maintain complete control over their canines. (f) The Handler is responsible for proper announcements consistent with subsection G(8). (g) The Handler is responsible for adhering to apprehension factors consistent with subsection G(9). 2. On-scene Officers Responsibilities - A canine may be used to attempt to locate persons, including missing persons, lost children, or suspects who have fled and / or who are hiding in the area. Basic guidelines to be followed are: (a) If a suspect is to be tracked / trailed, establish a perimeter around the area where the suspect is believed to be hiding. A perimeter should be established as soon as possible. (b) Perimeter units are to advise dispatch of their position via radio and are not to abandon their position without prior approval from a supervisor, or unless an exigent circumstance arises.

CANINE OPERATIONS

(c) Personnel should not contaminate the area to be tracked / trailed since persons entering the tracking / trailing area can destroy the person’s scent. (d) Locate the place where the suspect or other person was last seen and preserve the location as the place to start the trail. (e) Provide the Canine Team with as much information as available. (f) Do not approach the Canine Team during the search unless directed to do so by the Handler. (g) Assist the Canine Team in the tracking / trailing as directed by the Canine Handler. (h) At least two cover officers should accompany the Canine Team when tracking / trailing. Additional Canine Teams may also be called to the scene to assist with the track.

402.3.13 CROWD CONTROL MANAGEMENT / FIELD FORCE OPERATIONS / TACTICAL DEPLOYMENT 1. Crowd Control Management/Field Force Operations with canines has potential for high litigation and public relations concerns. 2. Prior to a canine being deployed and utilized for crowd control management or field force operations, the Canine Handler and on-scene supervisor should meet to discuss the potential use of the canine. 3. A Canine Team may be called upon to work in a variety of areas and situations. The canine when trained for crowd control situations may be used in large crowds as a means of moving the crowd or preventing the crowd from reaching a certain place. Consideration shall be given to the following: (a) The Canine Team(s) training and experience in crowd control management. No Canine Team should be deployed and utilized for crowd control management without prior canine crowd control training. When a Canine Team is deployed in crowd control situations, the application of the canine should be consistent with the training received by the Canine Handler and with the policies of this department. (b) The potential for canine criminal apprehensions and their applicability and consistency with this policy. (c) The potential for unintended canine apprehensions. (d) The size and temperament of the crowd. (e) Potential for or past use of chemical agents. 4. If the decision is made to deploy and utilize the canine for crowd control management, the following should apply. (a) The Canine Handler should maintain complete control over the canine. (b) The canine’s primary purposes should be as a rear guard.

CANINE OPERATIONS

(c) Criminal apprehensions by the canine should be reserved for situations to protect a police officer or citizen from physical attack. 5. Canine handlers should always keep their canines on lead consistent with subsection G(3)(d). 6. Crowd control, especially involving a hostile and unruly crowd, or tactical deployment of the canine is potentially dangerous. Handling a hostile crowd or tactical deployment of the canine should be implemented with coordination between all officers involved and a plan of action. Supervisors should attempt to implement an escape route for the crowd in the plan. The ultimate goal is to handle the situation without injury to citizens, officers, or canines. 7. In situations where chemical agents are deployed, canines will be removed from the immediate scene to protect the welfare of the animal, absent exigent circumstances.

402.3.14 CANINE BITE PROCEDURES 1. Immediately call for Pearland Fire, or other local EMS, and the on-duty supervisor to respond to the scene. 2. Any person who is bitten by a police canine shall be offered medical treatment for the bite, no matter how minor. 3. Crime scene investigators should photograph injuries of persons bitten by police canines. 4. If not prevented by distance, an on-duty supervisor must respond to the scene to: (a) In the absence of Crime Scene investigators, attempt to take Photographs of the injury or if the subject alleges an injury which is not visible, the alleged area of injury.Insure an offense report and supplements are written, witness statements taken, all evidence is collected, and a proper investigation occurs. (b) If the injury requires transportation to a medical facility, and the person is in custody, a supervisor will decide whether to assign an officer to accompany the bite victim or have the person who was bitten released from custody. (c) Insure all potential witnesses are be located and interviewed. This includes the suspect(s), other officers on-scene, others in and around the area, Fire or EMS responders, and non- witnesses. Non-witnesses, or witnesses who heard and saw nothing must be included in the report to mitigate circumstances of them later claiming they heard and saw something not previously reported. (d) Insure an offense report and supplements are written, witness statements taken, all evidence is collected, and a proper investigation occurs. 5. The Canine Handler, or other officer on scene if the Canine Handler is not able, should, as soon as practicable, notify an on-duty supervisor when an agency canine bites any person, other than for officially sanctioned training purposes. 6. In addition to the requirements stated above, the on-duty supervisor is required to complete any other documentation required by The City of Pearland for an injury to

CANINE OPERATIONS

a person by an employee or property of the City. Any bite of a person, whether intentional or unintentional, requires: (a) A significant incident report, and (b) A Use of Force report. 7. If the bite results in transportation to a medical facility, the Patrol Division Commander, Operations Bureau Chief, and Chief of Police will be immediately notified. 8. The incident and any injuries caused by a canine shall be documented by the Handler in the Police RMS under the original titled criminal offense report or as a K9 Deployment if no criminal offense title is appropriate. The report will include information on medical attention, the injury, how the incident occurred, if medical attention was refused, etc. 9. As soon as practicable, the Canine Handler, should conduct a nose-to-tail examination of the canine after the canine bites any person, other than for officially sanctioned training purposes. The Canine Handler should look for injuries needing immediate attention. 10. All officers involved in the incident which resulted in a canine bite shall submit the proper supplemental reports. 11. As mandated by the Texas Health and Safety Code, Section 826.048, police service animals are exempted from the mandatory quarantine requirement following biting a person. If, during the ten-day period following a bite incident, any abnormal behavior by the canine is observed by the Handler he shall immediately take the canine to the veterinarian and report the behavior to the City of Pearland Animal Services for their investigation. 12. If the bite by an agency canine was not intended, the Operations Bureau Chief will initiate mitigation procedures by verifying immediate notification of: (a) The Chief of Police, (b) The Human Resources Risk Management team, and (c) The City Attorney’s Office

402.3.15 EMERGENCY PROCEDURES 1. The following guidelines shall be used when a Canine Handler becomes incapacitated and the police canine is not contained: (a) Officers shall follow the directions of the Handler if he / she remains conscious. Officers shall attempt to contact another Canine Handler, a Canine handler/ Instructor, and / or the Canine Unit Supervisor to respond to the scene to take custody of the canine. In the event a Handler or Supervisor is not available, another agency with canine personnel may be contacted for assistance. (b) If the Handler loses consciousness, officers and the on-duty supervisor shall consider the following: 1. If possible, wait for the arrival of another Canine Handler;

CANINE OPERATIONS

2. Avoid direct eye contact with the canine; 3. Attempt not to excite the dog with loud noises or making sudden movements; 4. Do not approach the Handler unless it is absolutely necessary, as the canine may be protective of the Handler. 2. If possible, personnel who have experience as a Canine Handler or have previously trained with the Canine Unit will attempt to contain the canine in a canine vehicle or a patrol unit equipped with a cage. Officers may have to use the protective clothing (bite suit) or bite sleeve located in the storage area of the Handler’s canine vehicle and lure the canine by using sound and gestures to attract the canine into engaging the protective clothing. The canine may be dragged into the vehicle and the protective sleeve released to secure the canine in the vehicle. 3. Injured Canine Procedures (a) In case of an Injury of a canine, immediate medical attention shall be obtained and the Handler shall notify the on-duty supervisor and the Canine Unit Supervisor. (b) The Handler shall update the Canine Unit Supervisor on the status of the canine.

402.3.16 PUBLIC APPEARANCES / EDUCATION AND INFORMATION PROGRAMS 1. All requests for public appearances by the Canine Unit must be arranged through the department and approved by the Canine Unit Supervisor. 2. It will be the responsibility of the Canine Handlers to coordinate the public appearance with his / her supervisor, so the assignment does not interfere with staffing needs and shift operations. 3. The Canine Handler shall insure the Canine Team’s conduct gives the public a positive impression. 4. Only personnel of the department or other canine personnel will be allowed to actively participate in the program, unless otherwise approved by the Canine Unit Supervisor. 5. Canine Handlers participating in the program will be in uniform unless directed otherwise by the Canine Unit Supervisor. 6. Safety of the audience and the Canine Team will always be the first priority throughout the program. 7. The audience will only be allowed to have direct contact with the canine in the presence of and with the permission of the Handler. Whether contact occurs is at the sole discretion of the Handler.

402.3.17 TRAINING AND CERTIFICATION RECORDS 1. All personnel in the Canine program shall receive training as determined by the Chief of Police and the Canine Unit Supervisor.

CANINE OPERATIONS

2. All Canine Teams shall be trained to a basic level and pass a certification before field operations are authorized. Training for the unit will be conducted at a recognized Canine Training School. The basic level training shall minimally include: (a) Canine training methodology; (b) Normal canine behavior and the principles of learning; (c) Current canine team tactics and safety; (d) Operational utilization knowledge; (e) Current law and policies; (f) Canine first aid and first responder knowledge; (g) Canine preventive medicine programs including illness and disease; (h) Reoccurring safety training in all pertinent disciplines (e.g., explosives handling, storage, and transportation; narcotics, hazardous materials, dangerous environments, and weapons). 3. Apprehension canines should be trained to the “Handler Control,” also known as the “Bite-and-Hold,” training methodology. The City of Pearland Police Department recognizes the research regarding bite and hold dogs had lower mean bite ratios (15.7) than bark and hold trained canines (22.4) and there was a statistically significant difference between the two apprehension methods. 4. All Canine Teams should minimally conduct regular objective- oriented training sufficient to maintain and enhance operational proficiency, known as maintenance. All canine teams should minimally participate in 16-hours of maintenance training per month. This training shall include but is not limited to all disciplines in which the Canine Team has been trained. The purpose of maintenance training includes correcting identified deficiencies or operational concerns. 5. Proficiency assessments: Proficiency assessments are where both the Canine Handler and canine’s (the Canine Team) proficiency is tested. These assessments should be done routinely as a single- blind or double-blind assessment. Proficiency assessment shall not replace the annual certification process. Proficiency assessments will be modeled after the annual certification standards. Any Canine Team who fails a proficiency assessment, shall be immediately barred from performing any live street function or discipline in which the Canine Team failed. The Canine Team will remain barred from performing the failed function or discipline until such time as the Canine Team is able to successfully complete the proficiency assessment. (a) All narcotic-contraband trained Canine Teams should undergo proficiency assessments monthly, or more frequently. (b) All explosive detection trained Canine Teams should undergo proficiency assessments weekly, or more frequently. (c) All other disciplines should undergo proficiency assessments every six-months or more frequently.

CANINE OPERATIONS

6. All canines in the canine program shall maintain annual certification and be certified in their purpose through a nationally accredited organization. 7. The Handler will be allowed on-duty time for training, medical care, and maintenance of the canine. Documentation of all training will be made and promptly submitted to the Canine Unit Supervisor. The Canine Unit Supervisor will maintain a training file for each canine for audit and review purposes. (a) The Canine Deployment Module shall be utilized to record the canine’s training. (b) It shall be the Canine Handler’s responsibility to maintain the proficiency training of the canine assigned to the Handler. (c) Narcotics designated as training aids shall be checked out through the department’s evidence room. (d) Live explosive training aids will be maintained in a secure structure with limited access for only the explosive Canine Handler, Canine Trainer, and Canine Supervisor. (e) The use of lab grade odors (i.e. Scentlogix) does not require a secure storage and can be maintained by the Canine Unit at a designated location. (f) All training aids shall be stored in accordance with local, state and federal regulations.

402.3.18 CARE AND MAINTENANCE OF CANINES 1. The Pearland Police Department shall provide adequate medical care for canines for the duration of the canine’s service to the Department. (a) The Canine Units are allotted one and one half (1.5) hour of his / her duty shift for canine maintenance on the 12-hour schedule, or one (1) hour on an 8 hour schedule. (b) Unless a veterinarian recommends otherwise, the department will insure all of its canines receive a gastropexy to prevent bloat or GDV (Gastric Dilation- Volvulus), as funding and staffing permits. (c) Department canines receive primary veterinary care from the veterinarian designated by the Canine Supervisor. (d) For emergency situations the canine will be transported to a facility recommended by the primary care veterinarian, when possible. (e) Each Handler shall be responsible for keeping the canine in a medically sound condition. 2. An annual examination shall be scheduled at which time all necessary immunizations shall be obtained, including: (a) Rabies – vaccination in accordance with state and local laws (b) Canine distemper (CDV) (c) Canine adenovirus (type 2) (CAV-2) (Canine Hepatitis)

CANINE OPERATIONS

(d) Parvovirus (CPV-2) (e) Leptospirosis 3. The Handler is responsible for bathing, grooming, and exercising the canine. 4. Complete medical records for each Canine shall be the responsibility of the Canine Supervisor. The Canine Unit Supervisor will maintain a medical file for each canine for audit and review purposes. 5. The Pearland Police Department shall supply adequate food for the canines for the duration of their service to the Department. The proper diet and feeding schedule shall be prescribed by the veterinarian chosen to care for the canine. Each Handler shall be responsible for the feeding of the canine on a regular basis.

402.3.19 EQUIPMENT 1. Each Handler will be responsible for maintaining all equipment supplied by the Pearland Police Department. 2. Handlers will provide an area at their residence for a Department issued kennel which meets or exceeds best practice standards for canine housing. The Handler shall insure the canine’s living quarters are maintained in a clean and sanitary condition. Handler Responsibilities, include: (a) The handler shall provide necessary health care and grooming. (b) The handler shall provide daily and weekly sanitation of the kennel. (c) The handler shall be responsible for feeding and watering the dog. (d) The handler shall provide adequate exercise and mental stimulation for the dog 3. All city-owned canines will be kenneled outside and not inside the officer’s home. Exceptions will be made for canines recovering from recent undergone surgery, and the veterinarian recommends kenneling inside, and for when temperatures outside exceed 90 degrees Fahrenheit, or fall below 40 degrees Fahrenheit. 4. Kennel facilities must at least meet accepted USDA Animal Welfare Act guidelines. (a) The kennel shall be constructed to provide security and shelter for the dog. It should be kept dry and clean and potable water should be provided. It should protect against environmental extremes. (b) The kennel environment should be well ventilated to provide adequate air exchange. (c) In an outdoor kennel, an internal housing box should be provided to protect the dog from environmental extremes. (d) The box should be made of a material which provides safe and sanitary conditions. (e) In a home kennel environment with an exercise area, it is recommended the kennel floor space be at least 4 foot by 8 foot. In a home kennel environment without an exercise area, we recommend a 10 foot by 10-foot kennel floor

CANINE OPERATIONS

space and at least 6 foot in height. It is recommended the kennel space have an enclosed top. Dogs should not be housed long term in a sky kennel or transportation kennel/crate. (f) An exercise area is an enclosed space of at least 10 foot by 10-foot dimensions. (g) The flooring of each kennel run should be graded and sealed to allow water to run off and prevent standing water. (h) A resting surface of at least 6 inches off the kennel floor shall be in place for the dog to have access to a dry surface. (i) Disinfectant solutions must be non-harmful. They shall be used within the manufacture recommended dilution guidelines. A Material Safety Data Sheet (MSDS) concerning the disinfectant agents shall be on the premises. 5. Each Handler shall maintain a complete inventory of all assigned equipment and shall maintain the following minimum equipment at his / her residence: (a) Dog Crate / Kennel (b) Dog Food (c) Food / Water Bowls 6. Each Canine Handler will maintain the following equipment in his / her vehicle: (a) 6' standard lead (b) 15’ and 30’ lead (c) Reward toy (d) Protective vest (e) Muzzle (f) Canine first aid kit

402.3.20 EXTENDED ABSENCE: HANDLER OR CANINE At times a Canine Handler or agency assigned canine may be absent from duty due to injury, illness, or other extended absence. The following policy should apply in those circumstances. 1. Handler injury or extended absence (a) If the Canine Handler is injured, ill or otherwise absent for an extended period: 1. If the Canine Handler’s absence is temporary, the agency assigned canine may remain with the Canine Handler if the Canine Handler can provide the minimum necessary care for the canine, as outlined in subsections R. Care and Maintenance and S. Equipment of this Order. 2. The Chief of Police, or his/her designee, may require the Canine Handler to provide a letter from the Canine Handler’s health care provider advising the Canine Handler is medically able to provide the minimum necessary care for the canine, as outlined in subsections R. Care and Maintenance and S. Equipment of this Order.

CANINE OPERATIONS

(b) If the Canine Handler’s absence is temporary, and the Canine Handler is unable to provide the minimum necessary care for the canine, as outlined in subsections R. Care and Maintenance and S. Equipment of this Order, the canine should be evaluated by a qualified Canine Trainer to determine if the canine may be temporarily reassigned to another Canine Handler. 1. If the canine, based upon the evaluation, is able to be temporarily reassigned to another Canine Handler, then the canine should be reassigned. 2. If the Canine, based upon the evaluation, is unable to be temporarily reassigned to another Canine Handler, then the canine should be kenneled in an appropriate agency approved kennel. (c) Upon return to duty, the Canine Team shall undergo a complete certification or proficiency assessment in all disciplines, prior to deploying on the street. 2. Canine Injury or absence (a) If the agency assigned canine is temporarily absent from duty due to injury or illness the canine may remain with the Canine Handler if the Canine Handler can properly care for the canine. 1. If the agency assigned canine is temporarily absent from duty due to injury or illness and remains with the Canine Handler and the canine needs extended care, the Chief of Police, or his/her designee, may authorize the extended care to be the Canine Handler’s duty time. 2. If the agency assigned canine is temporarily absent from duty due to injury or illness and remains with the Canine Handler and the canine does not need extended care, the Canine Handler may be temporarily reassigned to other duties as required by the Chief of Police, or his/her designee. (b) If the agency assigned canine is temporarily absent from duty due to injury or illness the canine may remain under the care of the agency approved veterinarian if the Canine Handler cannot properly care for the canine, due to the extent of the canine’s injuries or illness. (c) Upon return to duty, the Canine Team shall undergo a complete certification or proficiency assessment in all disciplines, prior to deploying on the street.

402.3.21 DISPOSITION OF CANINES 1. The canine may be retired upon the recommendation of the Canine Supervisor and a qualified veterinarian. The retirement of the canine is subject to approval by the Canine Unit Supervisor and the Chief of Police or his / her designee. If the Handler decides to adopt the canine, the Handler will assume responsibility for all medical costs and costs of care for the lifetime of the canine. 2. The Chief of Police maintains the right to reassign a city-owned canine to another officer / Handler according to the needs of the Department.

CANINE OPERATIONS

3. When a canine or Handler is removed from service with the Pearland Police Department Canine Unit, the Canine Handler may request the canine be retired to the Handler. All such requests are forwarded immediately to the Chief of Police or his / her designee and each request is handled on a case-by-case basis. The Chief of Police or his / her designee shall notify the Handler of all final decisions. 4. Removal from service includes all reasons for either the canine or the Handler no longer being able to perform the duties of the Canine Unit.

402.3.22 DEATH OF CANINE 1. In the event of the death of a canine, the following procedures will be followed: (a) The on-duty supervisor and the Canine Supervisor shall be contacted. The death will be reported up the chain of command to the Chief of Police. (b) The decision to conduct a necropsy will be based on the investigation and whether it is requested by the Department or the District’s Attorney’s office. In some circumstances the Districts Attorney’s office may be contacted if criminal charges may be filed. (c) The canine will be transported to the facility as designated by the veterinarian and / or District Attorney’s Office. 2. Once the necropsy is completed and the canine released for burial, the Canine Supervisor will be contacted for burial arrangements. 3. If a necropsy is not ordered, the Handler will contact the Canine Supervisor for burial arrangements.

BIKE PATROL

403.1 PURPOSE The Bike Patrol Team is a part time unit which contributes to the mission and goals of the department through enforcement and community outreach. The unit can use mobility, stealth and approachability to engage members of the public.

403.2 DEFINITIONS None

403.3 PROCEDURES

403.3.1 BIKE PATROL MEMBER SELECTION Bike Patrol member selection will be in accordance with 400 Personnel Assignments and include the following additional criteria: 1. Ability to complete a five-mile bicycle ride within 30 minutes. 2. Submission of a written memorandum advising of interest in the program and qualifications. The memorandum should be between 300-500 words. 3. Attend an oral interview board. 4. Successfully complete a department approved 40-hour police cyclist course.

403.3.2 REQUIRED TRAINING 1. A department approved 40-hour police cyclist course. 2. Attend quarterly trainings. 3. Pass an annual skills test of standards set forth for police cyclists by the International Police Mountain Bike Association, as well as complete a five-mile bicycle ride within a time standard of 30 minutes.

403.3.3 BIKE PATROL UNIFORM 1. Each bike patrol officer will be issued and be required to maintain the following (pending budgetary approval): (a) Department issued bike patrol shirt. (b) Department issued bike patrol shorts or pants. (c) Department issued bike patrol jacket. (d) Department issued bike patrol helmet. 2. Wearing of the bike patrol uniform shall only be when performing duties related to Bike Patrol functions. Wearing of the uniform outside of performing Bike Patrol functions is not allowed, unless the officer is going to perform Bike Patrol functions before, after, or during the normal tour of duty.

BIKE PATROL

403.3.4 BIKE PATROL MEMBER PARTICIPATION 1. Bike patrol officers must be willing to ride for a minimum of eight hours per quarter. 2. Bike patrol officers will be required to attend patrolling functions as directed. 3. Bike patrol officers shall plan on attending any Bike Rodeo events hosted by the City of Pearland. 4. Eligibility to remain on the Bike Patrol team, participate in out-of-state travel opportunities (i.e. IPMBA conference and training), or participate in any event that is deemed to be a high-profile event by the Bike Patrol Team Leader, will be determined in the following manner: (a) To remain on the Bike Patrol Team, a member must have acquired 5 points of participation and not missed more than 2 mandatory training events in the preceding calendar year. (b) To be eligible to participate in an out-of-state or high-profile event, the Bike Patrol Team member must have acquired at least 6 points of participation and not missed more than 2 mandatory training events in the preceding calendar year. 5. Mandatory Training events will be held quarterly (four training events per calendar year) and scheduled by the Bike Patrol Team Leader. The annual training calendar will be published prior to January Shift Bid taking effect. 6. Participation points will be calculated to maintain a record of each member’s participation during a calendar year. New members must maintain minimum standards beginning the first full calendar year following receipt of a bike and bike patrol uniforms. Participation points will accrue in the following manner: (a) 1 point per event involving security patrol duties for city events (i.e. concerts in the park, dogs in the park, sunset cinema, etc.) (b) 1 point per calendar day in which an instructor duty or presentation was performed (i.e. Basic Patrol Cyclist course, CPA presentation), or in which a technician-level bicycle maintenance was performed. (c) 2 points per event for participation in National Night Out, PCPAAA Pear Run, Tour de Lights or similar special events requesting Bike Patrol Team presence, and which involves a significant riding distance. (d) 3 points per event involving a Holiday special event (i.e. Independence Day Celebration, Christmas Tree Lighting, Hometown Christmas Parade, Halloween Trick or Treat Trail and New Year’s assignments) (e) -1 point per event that a member commits to participating in and does not show up for without providing a 24-hour cancelation notice, or without providing a replacement. (f) -1 point per event that a member is late to, does not arrive with proper equipment, or uniform standards are not met. (g) -2 points per sustained complaint resulting in a written reprimand, excluding those issued as resolution of a Fleet Crash.

BIKE PATROL

7. Non city-paid extra jobs involving bike patrol activities do not count towards accumulation of participation points. 8. Bike Patrol members who are sustained for conduct which results in a suspension or demotion will be removed from the team for the reckoning period related to the conduct.

SWAT

404.1 PURPOSE The Pearland Police Department is a member of a Combined Agency Response Team. The CART has its own command structure and is directed by policies and procedures agreed upon by the Chiefs of the participating agencies. Members of the team are chosen by a panel of personnel from the CART.

404.2 DEFINITIONS None

404.3 PROCEDURES

404.3.1 SWAT NEGOTIATION'S TEAM MEMBER SELECTION SWAT Team member selection will be in accordance with 400 Personnel Assignments and include the following additional criteria: 1. Not less than two years of full-time service as a police officer. (Military police or tactical experience may be considered to calculate 2 years.) 2. An ability to meet or exceed minimum physical fitness standards. 3. Willingness to accept call back to duty 24 a hour’s day, even on regular days off or leave, if not out of town. 4. No sustained complaints for the following: (a) Use of Force; (b) Any conduct which resulted in a demotion or suspension of 15 days or more 5. Submission of a written memorandum advising of interest in the program and qualifications. The memorandum should be between 300-500 words. 6. Attend an oral board.

404.3.2 SWAT TACTICAL TEAM MEMBER SELECTION In addition to the requirements in section (A) above, selection of tactical team members will include the following criteria: 1. An ability to meet or exceed minimum physical fitness standards. 2. An ability to pass a firearms qualification course

404.3.3 REQUIRED TRAINING FOR TACTICAL TEAM MEMBERS 1. A department approved 40-hour basic school in special tactics and team operations. 2. Maintenance of physical fitness standards throughout the team assignment and must further demonstrate capacity not less than bi-annually.

SWAT

3. Must achieve and maintain a passing performance rating with firearms used by the team.

404.3.4 REQUIRED TRAINING FOR NEGOTIATION TEAM MEMBERS Members selected to the Negotiations Team are required to attend and complete a 40-hour basic negotiator's course.

404.3.5 SWAT MEMBER PARTICIPATION 1. Bi-weekly tactical team training. Team training for Negotiators is held monthly. 2. High-risk warrant service. 3. Tactical incident response. 4. After hours call outs. 5. Support of divisions in the department. 6. Civic functions/presentations. 7. Any other assignment deemed appropriate by SWAT commanders.

SRO

405.1 PURPOSE The Pearland Police Department provides police officers to the Pearland Independent School District through an agreement. The officers receive training specific to these duties and are designated as School Resource Officers (SROs). SROs provide a proactive approach to prevent crime, gang activity, and maintenance of a safe learning environment on school campuses through enforcement action, education, and the promotion of positive police/student relations.

405.2 DEFINITIONS None

405.3 PROCEDURES

405.3.1 SRO UNIT MEMBER SELECTION SRO Unit member selection will be in accordance with 400 Personnel Assignments and include the following additional criteria: 1. Submission of a written memorandum advising of interest in the program and qualifications of the applicant. The memorandum should be between 300-500 words. 2. Must not have more than one sustained complaint within the reckoning period for: (a) Excessive Use of Force (b) Conduct Unbecoming/Conduct Prejudicial to Good Order. 3. Provide a copy of the previous performance evaluation. 4. Attend an oral interview board. 5. Be willing to work a flexible schedule including evenings and weekends.

405.3.2 REQUIRED TRAINING 1. A department approved 40-hour School Resource Officer certification course. 2. Recurrent training on juvenile law and legislatively required training as needed.

405.3.3 SRO PARTICIPATION 1. Consistent attendance during the school year. 2. After hours school functions/special events. 3. School Holiday rotating schedule as needed by the department.

TRAFFIC UNIT

406.1 PURPOSE The Pearland Police Department’s Traffic Unit is designed to address traffic violations in the city. Traffic officers are highly self-motivated personnel who recognize the importance of enforcement on curbing traffic crashes, encouraging compliance, and contributing to the quality of life of Pearland. The unit is comprised of Commercial Vehicle Enforcement, Motorcycle Officers and other members whose primary purpose is to address traffic and crash related incidents.

406.2 DEFINITIONS None

406.3 PROCEDURES

406.3.1 TRAFFIC UNIT MEMBER SELECTION Traffic Unit member selection will be in accordance to 400 Personnel Assignments and include the following additional criteria: 1. Submission of a written memorandum advising of interest in the program and qualifications of the applicant. The memorandum should be between 300-500 words. 2. Must not have more than one sustained complaint within the reckoning period for: (a) Excessive Use of Force (b) Conduct Unbecoming/Conduct Prejudicial to Good Order. 3. Provide a copy of the previous performance evaluation. 4. Be willing to work a flexible schedule including evenings and weekends as necessary. 5. Attend an oral interview board.

406.3.2 REQUIRED TRAINING 1. Obtain a Class M driver license if assigned to the Motors Team within 3 months of selection (at the employee’s time/expense). 2. Successful completion of an 80-hour Police Motorcycle Operator certification course if assigned to the Motors Team. Recurrent training on traffic law, radar, police motorcycle, CVE, as needed. 3. Obtain CVE training and certification if a member of the CVE team. 4. Recurrent training on traffic law, radar, police motorcycle, CVE, as needed.

406.3.3 TRAFFIC UNIT PARTICIPATION 1. Support of patrol as needed. 2. Civic functions/presentations 3. Participation at City Events

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4. Any other assignment deemed necessary by the department.

DDACTS Unit

407.1 PURPOSE The Pearland Police Department’s Data-Driven Approaches to Crime and Traffic Safety (DDACTS) is a law enforcement operational model that integrates location-based crime and traffic crash data to determine the most effective methods for deploying law enforcement and other resources. Drawing on the deterrent value of highly visible traffic enforcement and the knowledge that crimes often involve motor vehicles, the goal of DDACTS is to reduce crime, crashes, and traffic violations in the City of Pearland.

407.2 DEFINITIONS A. DDACTS- Data-Driven Approaches to Crime and Traffic Safety. B. DDACTS Zone- Temporal and spatial data that identifies a higher concentration of crime and crashes within a geographic area. C. DDACTS Analysis Report- The creation of actionable analysis products, including maps that overlay crash, crime, and enforcement-related data that allows agencies to identify problem locations, or hot spots. Additional analysis, through several proven evaluation techniques, can distinguish causation factors for each type of incident, delineate spatial and temporal factors, and consider environmental influences on crashes, crimes, and other disorder or social harm. Reports are generated on a quarterly and annual basis and used to perform baseline assessment using crime and crash data from the previous five years.

407.3 PROCEDURES

407.3.1 DDACTS UNIT MEMBER SELECTION DDACTS Unit member selection will be in accordance with 400 Personnel Assignments. In addition, the applicant must, 1. Submit a written memorandum advising of interest in the program and qualifications of the applicant. The memorandum should be between 300-500 words. 2. Have no more than one sustained complaint within the reckoning period for: (a) Conduct Unbecoming/Conduct Prejudicial to Good Order. (b) Excessive Use of Force 3. Provide a copy of the last two previous performance evaluations. 4. Attend an oral interview board. 5. Be willing to work a flexible schedule including evenings and weekends as necessary. 6. Other considerations in the selection process: (a) Quality and quantity of work in current position. (b) Judgment (ability and willingness to make decisions)

DDACTS Unit

(c) Sick time usage (abuse thereof) (d) Sustained complaints (other than those listed above) (e) Commendations (f) Dependability (g) Applicable training programs attended (or requested but denied) (h) Participation in activities outside the department, which reflect favorably on the department (i) Ability to display a positive attitude (j) Ability to speak publicly (k) Ability to work without close supervision (l) Ability to complete required DDACTS Training/Workshop (m) Attend roadside/criminal interdiction training (n) Any other factor(s) deemed necessary by the Division Commander.

407.3.2 DDACTS MEMBER PARTICIPATION 1. Assignment within the DDACTS Zones with increased focus on enforcement relative to causative factors for crashes and prevalent criminal activity as established by the DDACTS Analysis Report. 2. DDACTS officers will identify and engage partners and stakeholders within each DDACTS Zone to focus on the prevention of crashes and criminal activity. 3. Support of Patrol and CID as needed. 4. Attendance of or presentation at civic functions. 5. Participation at City Events. 6. Any other factor(s) deemed necessary by the Division Commander.

407.3.3 DDACTS ZONE AND DDACTS ANALYSIS REPORT 1. DDACTS Zone(s) are established when an analysis of crashes, crimes, and calls for service identify high-activity hot spots within the city. Crashes, crimes, and other social harms tend to cluster in a geographic space and time. DDACTS Zone(s) will vary in geographic size depending on the analysis report. 2. DDACTS Analysis Reports are compiled by the Crime Analysts on a quarterly and annual basis to perform baseline assessment using crime and crash data from the previous five years.

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408.1 PURPOSE This policy establishes the authorized use and operational guidelines for Unmanned Aircraft Systems (UAS) with the Pearland Police Department. It is designed to minimize the risk to people, property, and aircraft during the operation of the UAS while continuing to safeguard the right to privacy of all persons. It is the practice of the Department to insure that Department employees who operate and deploy UAS assets are Remote Pilots In Command (RPIC) as defined by the Federal Aviation Administration (FAA) and have received training on the proper and safe operation of unmanned aircraft. This directive will define the training and certifications necessary to operate and deploy unmanned aircraft and will establish guidelines and best practices for RPICs to follow in order to safely deploy UAS assets. At all times the Department and its personnel shall comply with 14 CFR Part 107 plus applicable portions of CFR 14 parts 61 and 91; as well as Texas Government Code 423. If conflicts exist between FAA regulations, Texas Government Code, Texas Administrative Code Chapter 65, and any part of this policy, the most restrictive will apply.

408.2 DEFINITIONS A. Aircraft - A device used or intended to be used for flight in the air. This includes UAS. B. Crew Resource Management (CRM) - The effective use of all available resources including human, hardware, and information resources and coordination in the use of those resources by the UAS Unit Supervisor. C. Flight Team - Any combination of the RPIC, Remote Pilot or Visual Observer(s). D. Flight Time - Remote piloting flight time commences when the aircraft moves under its own power for the purpose of flight and ends when the aircraft comes to rest after landing. E. Image - Means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property. Imagery may include data about people, organizations, events, incidents, or objects as well as metadata. (G.C. 423.001) F. Line of Sight (LOS) - The Remote Pilot and/or the Visual Observer can see, unaided, the UAS under their control during flight. G. Mission Area of Operations (AOR) - A defined perimeter/parameters to be determined based on the scope and type of the operation and a defined operational ceiling at or below 400 feet above the ground. H. National Airspace System (NAS) - Airspace inside the continental United States. It is further defined through air navigation facilities, equipment and services, airports, or landing areas, aeronautical rule, regulations, and procedures. There are two types of airspace within the NAS, controlled and uncontrolled. Operation of a UAS in controlled airspace adds another layer of responsibilities and requirements that must be met to operate the UAS.

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I. Night Flight - Flight of a UAS that occurs between the hours of one-half hour after sunset and one-half hour before sunrise. The time of sunset and sunrise are determined by the National Oceanic and Atmospheric Administration (NOAA), but 14 CFR Part 107 will allow small UAS operations to be conducted during civil twilight if the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles. The nighttime-operations prohibition in this rule is waivable through the FAA for Part 107. J. Remote Pilot - The individual exercising pilot at the controls over the UAS during flight. The Remote Pilot must meet all 14 CFR 107 certification requirements of a Remote Pilot in Command. K. Remote Pilot in Command (RPIC) - The mission commander with on-site authority for a specific UAS. The individual solely responsible for the overall flight operations of a UAS for a specific mission. L. Tactical Operation - As any spontaneous or planned event that poses a threat of harm to citizens and personnel. Types of spontaneous tactical events include instances in which the Combined Agency Response Team (CART) is activated or when a K-9 Unit is deployed due to the complexity or high-risk nature of the event. Planned events would include any event placing emergency services on elevated alert, has a pre- approved operations plan, and specific use of any UAS is outlined in the operations plan. M. Unmanned Aircraft System (UAS) - UAS is the unmanned aircraft system and all associated support equipment, control station, data links, telemetry, communications, and navigation equipment, etc., necessary to operate the unmanned aircraft. The aircraft’s flight is controlled either autonomously by hardware within the UAS or under the remote control of a Remote Pilot on the ground or in another ground vehicle. N. Visual Flight Rules (VFR) - VFR is established as a 3-mile visibility and a cloud ceiling of 1,000 feet for day operations and 5-mile visibility with a cloud ceiling of 2,000 feet for night operations. O. Visual Observer - Individuals trained to maintain the line-of-sight and 360-degree hazard awareness around the UAS at all times to assist the RPIC in carrying out all duties required for the safe operation of the UAS.

408.3 PROCEDURES

408.3.1 UAS UNIT 1. The UAS Unit will operate under the direction and approval of the Patrol Division Commander. 2. The UAS Unit Supervisor will be a Patrol Division Supervisor appointed by the Chief of Police. (a) The UAS Unit Supervisor shall obtain a Remote Pilot Certificate. (b) The UAS Unit Supervisor, or his/her designee, shall coordinate any UAS mission involving multiple Flight Teams.

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(c) The UAS Unit Supervisor reports to the Patrol Division Commander. 3. UAS Unit Remote Pilots will be selected to the UAS Unit in accordance with 400 Personnel Assignments policy. (a) Selection Process 1. UAS team member selection will be in accordance with 400 Personnel Assignments and include the following additional criteria: i. Submission of a written memorandum advising of interest in the assignment and qualifications. The memorandum should be between 300-500 words. ii. Attend an oral interview board 2. Officers selected to be UAS Unit Pilots shall obtain a Remote Pilot Certificate within 6 months of assignment and will be designated as a Pilot Trainee until the required certification is obtained. (b) Pilot Trainees will not operate a UAS unless under the direct supervision of a certified Remote Pilot in Command (RPIC). (c) Pilot Trainee will not operate a UAS on an operational mission unless a Remote Pilot Certificate has been obtained. (d) UAS Pilots shall be designated Pilot Trainee until: 1. Attendance at 40 hours of departmental training; 2. The successful completion of 5 missions as a Remote Pilot; and 3. Proficiency has been demonstrated to the UAS Unit Supervisor. 4. Flight Teams will be comprised of a Remote Pilot in Command (RPIC), Remote Pilot and the Visual Observers required to complete a UAS mission. (a) A UAS Team will only be involved in the mission flight of a single UAS. (b) Each UAS Team will designate one certified Remote Pilot as the Remote Pilot In Command (RPIC). 5. Remote Pilot in Command (RPIC) training requirements: (a) An RPIC may operate any type of UAS model in which they are trained and currently proficient. (b) Must be certified under 14 CFR Part 107 (c) The RPIC shall show proficiency in basic aeronautical knowledge as it relates to the use and operation of UAS assets. The basic aeronautical knowledge training, at a minimum shall include: 1. FAA rules pertaining to UAS flight operational limitations; 2. All aspects of 14 CFR Part 107; 3. Knowledge of the rules and responsibilities described in 14 CFR 91;

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4. Knowledge of all aspects of Texas Government Code 423; 5. Crew Resource Management; 6. Mission planning requirements for establishing the Mission AOR and Perimeter; 7. Mission briefing requirements to include the Unit’s approved checklists and Manufacturer’s recommendations; and 8. Mission debriefing requirements. (d) Any other specific responsibilities required by the UAS Unit Supervisor or the Patrol Division Commander to accomplish the Unit’s mission. (e) The RPIC shall show proficiency operating the specific UAS model in flight including emergency procedures, technology, and support equipment. The RPIC’s proficiency shall be evaluated by the UAS Unit Supervisor or his/her designee. (f) The RPIC shall show proficiency communicating with the flight team members (Visual Observer and Remote Pilot) demonstrating satisfactory communications between team members. The RPIC’s communications will be evaluated at all stages of the flight continuum: pre-flight inspection, flight operations, and post flight procedures. 6. UAS Observer Training Requirements: (a) Visual Observers shall receive formal training and demonstrate proficiency in visual observation requirement (b) Unless life-safety exigencies are present, this department will only use Visual Observers who have been trained. (c) Night operations require the RPIC and Visual Observer are trained to recognize and overcome visual illusions caused by darkness and understand physiological conditions which may degrade night vision. The use of Visual Observers during other operations is highly encouraged. (d) In order to obtain a waiver for nighttime operations, the training must be recorded and presented to the FAA Administrator’s designee. (e) The UAS Unit Supervisor maintain a file containing RPIC/VO documents verifying the required training was performed. 7. UAS Unit Participation (a) Required Training 1. Minimum of one basic to advanced flight scenarios course annually 2. Attend one of each of the unit trainings at least semi-annually. i. K9 Tracking (First Wednesday of each month) ii. Crash/Crime Scene Reconstruction (Second Wednesday of each month)

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iii. SWAT (Third Wednesday of each month) (b) UAS Unit Members must be able to attend at least 3 of the following events or as needed by the UAS Unit Supervisor: 1. Independence Day Celebration, 2. National Night Out, 3. Halloween, 4. City of Pearland Christmas Parade, or 5. City of Pearland Christmas Tree Lighting.

408.3.2 POSITION RESPONSIBILITIES AND DUTIES 1. The Patrol Division Commander is responsible for: (a) Recommendation to the Chief of Police the number of approved positions in the UAS Unit, (b) Requisition and acquisition of equipment and supplies necessary for the efficient operation of the UAS Unit. (c) Recommendation of required training courses for the effective operation of the UAS Unit. 2. The UAS Unit Supervisor is responsible for: (a) Recommendation to the Patrol Commander regarding equipment and supplies necessary for the efficient operation of the UAS Unit. (b) Recommendation to the Patrol Commander regarding any training courses necessary for the effective performance of UAS Unit personnel. (c) Maintaining the requirements for the department’s Certificate of Authorization, (d) Maintaining a current list of all certified Flight Team members to include Remote Pilots and Visual Observers, (e) Maintaining the training records for UAS Unit personnel, (f) Maintaining all flight logs, in-house reporting, reporting requirements set by Sec 423.008 of the Texas Government Code, and FAA reporting. (g) Responsible for the condition, maintenance, and flight records of the UAS and its associated equipment. (h) Responsible for the effective use of all available resources including personnel, hardware, and information resources and the coordination of the use of those resources by each UAS Team. (Crew Resource Management) 3. Remote Pilot in Command (RPIC): (a) The RPIC is responsible for everything the assigned Flight Team does or fails to do at his/her direction during the assigned mission.

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(b) The RPIC is authorized to refuse any flight request based on legality, current meteorological conditions, physiological conditions, or for any other reason the RPIC believes will affect the safety of the flight. 1. Should the RPIC refuse a flight for any reason, they shall inform the UAS Unit Supervisor or his/her designee as soon as possible of such refusal and the reason for refusal. 2. The UAS Unit Supervisor shall notify the Patrol Division Commander of the reasons for refusal. 3. The Patrol Division Commander will forward this information to the Operations Bureau Assistant Chief of Police for review upon request. (c) While the UAS is in flight, the RPIC is authorized and responsible for making all decisions regarding use of the UAS including, but not limited to, direction of UAS, flight time, capabilities of the UAS, and use of affixed certified equipment. (d) The RPIC is responsible for the safe conduct of all flights, including, but not limited to: 1. Flight planning and preparation, including pre-flight inspections of UAS and equipment; 2. Weather briefing: i. Weather shall be obtained by the RPIC for the local area of operation to include Meteorological Aerodrome Reports (METAR) and Terminal Area Forecasts (TAF) from the closest airport reporting weather conditions. 1-800-WX BRIEF will provide a live briefer with access to this data. ii. Review of NoTAMs and Temporary Flight Restrictions (TFRs) are required prior to launch. iii. Additional weather information should be obtained from the National Oceanic Atmospheric Administration (NOAA) (http:// www.aviationweather.gov/adds/), or another site or cell phone application to review the following: weather radar, ceiling/ visibility, wind/temperatures, turbulence, Significant Meteorological Information (SIGMET), NoTAMs, DroTAMs, TFRs and icing. 3. Flight operations, including course, air speed, altitude, and duration; 4. Recording of new or previously unknown hazards to safe flight encountered; 5. Post-flight inspection, to include assuring batteries are recharged and to insure the duty aircraft is ready for the next mission; 6. Making appropriate entries in UAS logbooks; and 7. Submission of the deployment report. 4. UAS Visual Observer:

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(a) Performing assignments assigned by the RPIC. (b) Assisting the RPIC in the safe conduct of all flights, including but not limited to: 1. Assist in see-and-avoid operations of the UAS. 2. Remain in contact with the RPIC and communicating any obstacles the aircraft might encounter. 3. Notify the RPIC immediately if the flight becomes a hazard to ground personnel or other aircraft. 4. Immediately notify the RPIC of any observed malfunction with the aircraft.

408.3.3 MISSION AUTHORITY 1. All external UAS missions are initiated by request to the Patrol Division Commander, the UAS Unit Supervisor, or ranking on-duty Patrol supervisor, who will have responsibility for the request and who should insure the requests are within departmental guidelines, needs, and law regarding the use of an UAS. (a) Missions initiated in support of other law enforcement agencies shall require approval of the Patrol Division Commander, the UAS Unit Supervisor, or ranking on-duty patrol supervisor. (b) Missions initiated for other City departments or other government agencies will require notification of the Chief of Police. 2. All internal UAS missions may be initiated by a police supervisor. (a) These missions require notification of the UAS Unit Supervisor and the Patrol Division Commander. (b) In the absence of the UAS Unit Supervisor, the RPIC will have responsibility to insure the request is within departmental guidelines, needs, and law regarding the use of an UAS. 3. Missions that will be considered for approval, include, but are not limited to: (a) Pursuant to a valid search or arrest warrant, (b) Immediate pursuit of a felony suspect, (c) Aiding in search and rescue / recovery operations, (d) Crime scene photography, (e) Crash reconstruction, (f) To document a human fatality, (g) Hazmat scene deployment, (h) Major disaster scenes, (i) Storm damage assessment, (j) Fire scenes,

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(k) Tactical situations, including SWAT or K9 deployments, (l) Community events, (m) Surveillance purposes on private property for officer or civilian safety with written consent by the property owner or their designee, (n) Missions immediately necessary to preserve the health, safety, and welfare of people or property. (o) All missions not specifically exempted by Government Code 432 shall only be conducted under a valid warrant. 4. All missions will be flown in accordance with the following regulations and statutes: (a) FAA regulations, 14 CFR Parts 107, (b) All applicable FAA Certificates of Authorizations or Waivers, (c) Applicable portions of 14 CFR Parts 61 and 91, (d) Current FAA National Policy regarding UAS Operational Approval, (e) Texas Government Code 423, and (f) This policy. 5. In accordance with Government Code 423 the following types of flights are authorized under this policy: (a) With the consent of the individual who owns or lawfully occupies the real property captured in the image; (b) Pursuant to a valid search or arrest warrant; and (c) Incidents where the capture of images is permissible under this policy.

408.3.4 IMAGE CAPTURE AND RETENTION 1. The capture of images is permissible if the image is captured by a law enforcement authority or a person who is under contract with or otherwise acting under the direction or on behalf of a law enforcement authority: (a) In immediate pursuit of a person law enforcement officers have reasonable suspicion or probable cause to suspect has committed an offense, not including misdemeanors or offenses punishable by a fine only; (b) For the purpose of documenting a crime scene where an offense, not including misdemeanors or offenses punishable by a fine only, has been committed; (c) For the purpose of investigating the scene of a human fatality; (d) For the investigation of a motor vehicle accident causing death or serious bodily injury to a person; or any motor vehicle accident on a state highway or federal interstate or highway; (e) In connection with the search for a missing person;

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(f) For the purpose of conducting a high-risk tactical operation that poses a threat to human life; (g) On private property that is generally open to the public where the property owner consents to law enforcement public safety responsibilities; or (h) If the image is captured by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state or local authorities, for the purpose of surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared; 1. preserving public safety, protecting property, or 2. surveying damage or contamination during a lawfully declared state of emergency; or 3. conducting routine air quality sampling and monitoring, as provided by state or local law. or 4. at the scene of a spill, or a suspected spill, of hazardous materials for the purpose of fire suppression, or 5. for the purpose of fire suppression; 6. for the purpose of rescuing a person whose life or well-being is in imminent danger. 2. Image Retention (a) If an image is captured that is to be used as evidence in a criminal event, that image is to be copied to a DVD, and submitted into evidence and submitted to the case file folder. (b) Images shall be retained according to the rules of evidence for the offense under investigation. (c) If images captured are deemed by the UAS Unit Supervisor, or his/her designee to be in violation GC 423, they shall be immediately destroyed in order to come into compliance. (d) If an image is captured for training purposes, those images will be saved in the UAS Training folder. The images shall not be distributed or displayed without the consent of the Chief of Police or his designee. (e) If an image is captured at the request of another department or agency, said image will be copied to a DVD and released to that department. The images retained will then be deleted or destroyed or retained within the deployment report for training purposes at the direction of the UAS Unit Supervisor.

408.3.5 MISSION PARAMETERS 1. Pre-Flight Briefing: RPIC, Remote Pilot and Visual Observer and any other flight team members must participate in the pre-flight briefing, led by the RPIC prior to aircraft launch, which includes, but is not limited to: (a) Review of the mission’s goals and expected outcomes.

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(b) Review of current and forecasted weather conditions. (c) Review of current Notice to Airmen (NoTAMs), UAS Notices to Airman (DroTAM), and Temporary Flight Restrictions (TFRs) that have been issued for the proposed flight area. (d) Identification of mission limitations and safety issues such as; battery charge, GPS strength, and potential for radio interference. (e) Review of proposed Mission AOR - flight area, including maximum ceiling and floor, determine if the OAR is in National Airspace System controlled airspace, and receive required clearance to operate in the OAR. The altitude of the small unmanned aircraft cannot be higher than 400 feet above the ground, unless the small unmanned aircraft is flown within a 400-foot radius of a structure and does not fly higher than 400 feet above the structure’s immediate uppermost limit. (f) Review of communication procedures between RPIC, Visual Observer, and other personnel used to support the mission, including verifying cell phone numbers used to communicate with Air Traffic Control in the event of a fly-away or other flight emergency. (g) Review of emergency/contingency procedures including aircraft system failure, flight termination, divert, and lost link procedures. (h) Create a designated return to home or take-off/landing point. (i) Execution of a pre-flight check utilizing the approved checklist. 2. Line of Sight: (a) Visual line of sight is required in order to know the unmanned aircraft’s location and flight status (attitude, altitude, and direction of flight), observe the airspace for other air traffic or hazards, and to determine that the unmanned aircraft does not endanger the life or property of another. (b) All flight team members essential to the operation of the unmanned aircraft shall be able to verbally communicate with the RPIC at all times. (c) Line of Sight restrictions may be waived if operating under an applicable waiver. The utilization of this waiver shall be conducted with the approval of the UAS Unit Supervisor or his/her designee. 3. Maintenance: Maintenance must be up to date prior to launch. Accurate UAS maintenance reporting is the responsibility of the UAS Unit Supervisor, or his/her designee, in accordance with the manufacturer recommendations. (a) When maintenance is performed, a test flight shall be conducted and documented in accordance with the manufacturer’s instructions. (b) The RPIC will not fly any aircraft that he/she suspects does not meet airworthiness requirements following the preflight inspection. (c) Timely maintenance and accurate reporting is required to enhance mission availability and safety. The date of the most recent UAS maintenance shall be documented in the pre-flight checklist.

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4. Payloads: Any payload used on a UAS shall be approved by the UAS Unit Supervisor. Weapons and dispersal payloads will not be used. For purposes of this program, the 14 CFR Part 107 compliant UAS shall weigh less than 55 pounds fully loaded. Maximum groundspeed is limited to 100 mph (87 knots). 5. Mission Debrief: After changeover or landing, the RPIC shall debrief all missions.

408.3.6 EMERGENCIES 1. Emergency procedures stated in the manufacturer’s operations manual shall be complied with for all UAS operations. In the event of an emergency involving the safety of persons or property, the RPIC may deviate from the procedures of this directive relating to aircraft, equipment, and weather minimums to the extent required to meet the emergency. 2. Emergencies include: (a) Lost Link - An interruption or loss of command-and-control link contact with the UAS such that the remote pilot can no longer manage the aircraft’s flight and as a result of the control loss the UA is not operating in a predicable or planned manner. 1. The UAS lost link procedures shall be initiated which shall automatically cause the UAS to climb to its pre-determined altitude and return to and land at the designated home location. 2. If positive control of the UAS cannot be maintained and the UAS is leaving the operation area or the UAS poses a risk to life and/or property, the RPIC will issue an Engine Kill command. (b) Loss of GPS Signal 1. Should the UAS lose GPS signal during autonomous operations, the RPIC must immediately command the UAS into manual mode and land as soon as practical. 2. If positive control of the UAS cannot be maintained and the UAS departs the operation area or the UAS poses a risk to life and/or property, the RPIC will issue an Engine Kill command. (c) Loss of Visual Contact 1. If visual contact with the UAS is lost, the RPIC shall command the aircraft into a hover mode and the RPIC and/or Visual Observer shall try to re- establish visual contact. 2. If visual contact cannot be re-established within a reasonable amount of time determined by the RPIC, then lost link procedures shall be executed. (d) Loss of UAS Power (Engine Failure)/UAS Crash - In case of an engine failure, the UAS will not be able to maintain flight. Flight Team Members will immediately attempt to locate the UAS, assess the scene for injuries, and render first aid if necessary.

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(e) Flight Termination - The intentional and deliberate process of performing controlled flight into terrain (CFIT). 1. Flight termination must be executed in the event all other contingencies have been exhausted, and further flight of the aircraft cannot be safely achieved, or 2. Other potential hazards exist that require immediate discontinuation of flight. (f) Accident Notification and Investigation – 1. All accidents resulting in injury shall be immediately reported to the Chief of Police. 2. Accidents resulting in employee injury and/or damage to City property shall be reported to Human Resources Risk Management. 3. Post-accident testing shall be required following incidents involving an injury or property loss greater than $1000. 4. The RPIC must report to the FAA within 10 days of any operation that results in serious injury, loss of consciousness, or property damage of at least $500 (not including the unmanned aircraft). 5. All in flight accidents and incidents involving fatalities, injuries, property damage, and lost link shall be reported to the UAS Unit Supervisor and the Patrol Division Commander immediately for appropriate assistance with guidance. 6. If FAA regulations require the FAA to be notified within 24 hours the same reporting protocols will be followed as the 10-day notification process.

408.3.7 REPORTING REQUIREMENTS 1. The RPIC is responsible for the completion of a flight log following every UAS flight including maintenance checks and training flights. If the situation of the mission does not allow for immediate entry of the flight data, then the information can be recorded the following workday. 2. A flight log module shall be completed following every UAS flight including maintenance checks and training flights. Each flight log module narrative shall report the purpose of the flight, the deficiencies or trainings observed, and any other pertinent information the author deems necessary for departmental reporting. 3. In the event a case number is issued for the event in which a UAS is deployed, the RPIC of the deployment shall complete a supplement to said case advising the pilot’s involvement in the case. 4. Legislative Reporting: (a) In compliance with the Texas Government Code, Article 423.008: 1. No later than January 15th of each odd-numbered year, The UAS Unit Supervisor will cause a written report to be created and forwarded to the

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Chief of Police for submission to the Governor, the Lieutenant Governor, Speaker of the House, and each member of the Texas legislature. 2. The written report shall include information pertaining to the preceding 24 months: i. The number of times UAS assets were used, organized by date, time location and types of incidents and types of justification for use; ii. The number of criminal investigations aided by the use of an UAS and a description of how the UAS aided each investigation; iii. The number of times a UAS was used for a law enforcement operation other than a criminal investigation, the dates and locations of those operations, and a description of how UAS aided each operation; iv. The type of information collected on an individual, residence, property, or area that was not the subject of a law enforcement operation and the frequency of the collection of this information; and v. The total cost of acquiring, maintaining, repairing and operating or otherwise using each UAS. 5. After Action reports (a) Following each completed deployment, the UAS Unit Supervisor shall submit an after-action report to the Patrol Division Commander outlining the following: 1. Identification of the agency or department requesting the deployment, 2. Identification of the Mission Authority approving the mission(s), 3. Identification of the legal authority for the mission(s), 4. Identification for the legal authority for the capture of images, 5. Disposition of images captured, 6. Identification of any UAS utilized in the deployment and any approved payload, 7. Identification of all members of each Flight Team and their designated responsibilities, 8. Identification of each Mission Area of Operation (AOR), 9. A summary of the weather briefing, 10. A summary of the pre-flight briefing, and 11. A summary of each mission debrief, including any emergency measures taken. 12. The after-action report for any deployment supporting the investigation of an offense for the Pearland Police department shall include a copy of the offense report.

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(b) The After-Action Reports should be reviewed (for compliance with policy, law and industry standards) and approved/rejected by the Patrol Division Commander. (c) If the UAS Unit Supervisor determines a Flight Team has failed to comply with policy, law, industry standards or otherwise has fallen below accepted standards, appropriate steps to correct the Flight Team’s deficiency will be immediately implemented. (d) The UAS Unit Supervisor shall maintain a file for all After- Action Reports.

Chapter 5 - De-escalation, Use of Force, & Pursuits

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. De-escalation, Use of Force, & Pursuits - 187 Published with permission by Pearland Police Department Policy Pearland Police Department 500 Policy Manual

INTERMEDIATE WEAPONS

500.1 PURPOSE The purpose of this policy and procedure is to provide a singe source of reference for all department members as to the authorization, use and safe carrying of department authorized intermediate weapons. Officers may be equipped with an intermediate weapon to defend themselves and others against the threat of bodily injury, serious bodily injury, or deadly force. However, when an intermediate weapon is used by an officer, it must be with the realization of the extent to which injury may occur.

500.2 DEFINITIONS A. Non-Deadly Force- The amount of force which in the circumstances then present are neither likely nor intended to cause great bodily harm. Non-deadly force shall be taken to mean physical strength or skill of one or more officers, or use of chemical agent or baton, or other such approved intermediate weapon. B. Intermediate Weapon- Any weapon that is intended by its design or use to gain compliance from a resisting or aggressive subject or to temporarily incapacitate such a subject to gain compliance. This will not include any weapon intended to cause great bodily harm or death. C. Chemical Agent- Any substance which is manufactured for the purpose of exercising control over a subject by affecting the subject's physiological state through the temporary impairment of the respiratory system, central nervous system, or vision of the subject. Chemical Agent shall be taken to mean mace, gas or noxious substance. D. Electro-Muscular Disruption Device- Any device which is manufactured for the purpose of exercising control over a subject by affecting the subject's muscular control through the temporary introduction of electrical pulses causing impairment of the motor nervous system of the subject. Electro Muscular Disruption Device shall be taken to mean Conducted Energy Weapon or TASER. E. Less- Lethal Impact Weapons and Munitions- Dedicated less-lethal impact weapon issued for the sole purpose of discharging less-lethal impact munition properties.

500.3 PROCEDURES

500.3.1 INTERMEDIATE WEAPON: GENERAL RULES 1. All personnel shall carry an approved intermediate weapon while wearing the police uniform unless specifically exempted by the Chief of Police. 2. Non-uniform personnel may carry an approved intermediate weapon. 3. The decision for the type of intermediate weapon the officer carries is entrusted to the individual officer. 4. The authorization for the use of intermediate weapons is contained in 502 De - escalation and Use of Force policy.

INTERMEDIATE WEAPONS

500.3.2 REPORTING THE USE OF INTERMEDIATE WEAPONS 1. Except for the discharge in an approved training course, whether on duty or off duty following the discharge of an Intermediate Weapon it is the responsibility of the member(s) involved to notify an on-duty supervisor pursuant to 502 De -escalation and Use of Force.

500.3.3 SPECIFICATIONS OF INTERMEDIATE WEAPONS 1. Chemical Agents (a) Unless otherwise approved by the Chief of Police, members of the department opting to carry a chemical agent in the performance of their duty shall be equipped with a chemical agent meeting the following specifications: 1. Approved Chemical Agent - Department approved chemical agents will be aerosol sprays which release Oleoresin Capsicum or other agent specifically approved by the Chief of Police. The manner of chemical agent discharge preferred will be determined by the Chief of Police or his designee. 2. Specifications will be maintained by the member designated by the Chief of Police. No officer will carry any chemical agent other than that which is issued by the Pearland Police Department. (b) Officers opting to carry a chemical agent are required to carry the chemical agent in an approved holster. (c) Special Purpose Chemical Agents - Any chemical agent which is discharged by any means other than aerosol propellant or a chemical agent discharged from a projectile falls under the direct control of the Chief of Police. These chemical agents are restricted as to use and access. The limited situations that require their use and access is governed by orders from the Chief of Police or his designate. 2. Electro-Muscular Disruption Device (TASER) (a) Unless otherwise approved by the Chief of Police, members of the department opting to carry an Electro-Muscular Disruption Device (TASER) in the performance of their duty shall be equipped with an Electro-Muscular Disruption Device (TASER) specifically approved by the Chief of Police. (b) No officer will carry any Electro-Muscular Disruption Device (TASER) other than that which is issued by the Pearland Police Department. (c) Officers opting to carry an Electro-Muscular Disruption Device (TASER) are required to carry the Electro-Muscular Disruption Device (TASER) in a holster approved by the department. 3. Batons (a) Unless otherwise approved by the Chief of Police, members of the department opting to carry a baton in the performance of their duty shall be equipped with

INTERMEDIATE WEAPONS

an expandable baton which has been approved by the department. A list of approved expandable batons is kept by the Senior Firearms Instructor. (b) Officers who opt to carry a baton must also carry either an approved chemical agent and/or an electro-muscular disruption device. (c) The Chief may authorize a straight type baton for special purposes, but they will not be carried as part of normal patrol or similar duties. (d) The baton shall be carried in an approved carrying device. 4. Less Lethal Impact Munitions (a) Only the dedicated department issued impact delivery weapons and impact munitions are authorized for use.

500.3.4 CARRY OF INTERMEDIATE WEAPONS 1. General Rules (a) All intermediate weapons will be carried in good working order. (b) Officer will always secure intermediate weapons in their custody. (c) Officers will not unnecessarily display intermediate weapons in any public place. (d) Officers shall not have intermediate weapons in their possession while intoxicated. (e) Members will try to prevent any unintentional, unnecessary, or unwarranted discharge or use of an intermediate weapon. (f) Members will qualify to carry an intermediate weapon once biennially after their initial certification. Officers failing to qualify as required will be prohibited from carrying the intermediate weapon until this directive has been satisfied. 2. Less-Lethal Impact Munitions (a) The less-lethal impact delivery weapon will be issued with a case, sling and five rounds of “bean bag” ammunition. NO CONVENTIONAL AMMUNITION (buckshot, slug, etc.) will be placed in or carried with the less lethal “bean bag” shotgun. (b) Impact munitions will not be placed in or carried for use with conventional shotguns. (c) While in the case or approved locking weapon/gun rack the less lethal impact delivery weapon will be carried in VEHICLE CARRY MODE condition. SAFE STORAGE condition is: 1. Action CLOSED 2. Safety ON 3. Magazine tube FULL 4. Chamber EMPTY

INTERMEDIATE WEAPONS

(d) Less-lethal munition weapons shall be returned to the police vehicle and secured as soon as they are no longer needed. (e) Less-lethal munition weapons shall not be left in the cab of police vehicles while off-duty.

500.3.5 ISSUANCE AND USE OF INTERMEDIATE WEAPONS 1. The deployment of intermediate weapons will be consistent with department training. 2. Intermediate weapons will be issued to police personnel by the member designated by the Chief of Police. 3. Intermediate weapons will only be issued to personnel who have been trained in the manner of their use and who have displayed proficiency in their use. 4. Exhausted or expired chemical agent containers will be turned in before further supply will be issued. 5. Used Electro-Muscular Disruption Device (TASER) cartridges will be turned in as evidence if applicable or to the member designated before further supply will be issued. 6. Officers wishing to carry a baton shall bear the expense of purchasing the weapon. The type and style is specified in 500.3.3.3 above. 7. Less-Lethal Munitions (a) Officers shall not interpret the availability of less-lethal munitions to replace the use of deadly force when deadly force is necessary. 1. Deployment of less-lethal weapons is covered under 502 De-escalation and Use of Force. (b) Prior to the deployment of a less-lethal weapon, lethal cover should be provided for the less-lethal weapon operator if practical. (c) Less-lethal munitions should be deployed a minimum of 20 feet away from intended suspects. However, closer shots may be fired in those incidents when deadly force is justified.

500.3.6 INTERMEDIATE WEAPON RECORDS AND MAINTENANCE 1. Chemical Agents (a) The member designated by the Chief of Police to issue chemical agents will record the control number of each canister of chemical agent upon receipt of stock supplies. (b) Upon issuance of a chemical agent, the control number for each canister issued shall be recorded by the member issuing the chemical agent thereby assigning responsibility for that canister to the member to which it was assigned. (c) It shall be the responsibility of the designate of the Chief of Police to insure all non-issued canisters of chemical agents are stored in a secure manner and that stock of chemical agent is current to guarantee potency should its use be warranted.

INTERMEDIATE WEAPONS

2. Electro-Muscular Disruption Device (TASER) (a) The member designated by the Chief of Police to issue Electro-Muscular Disruption Devices (TASER) will record the control number to each cartridge utilized by an Electro-Muscular Disruption Device (TASER) upon receipt of stock supplies. (b) Upon issuance of an Electro-Muscular Disruption Device (TASER), the control number for each cartridge issued shall be recorded by the member issuing the Electro-Muscular Disruption Device (TASER), thereby assigning responsibility for that cartridge to the member to whom it was assigned. (c) It shall be the responsibility of the designate of the Chief of Police to insure all non-issued cartridges of Electro-Muscular Disruption Device (TASER) are stored in a secure manner and that stock of cartridges is current to guarantee effectiveness should its use be warranted. (d) It shall be the responsibility of the designate of the Chief of Police to maintain all records of discharge and maintenance for each Electro-Muscular Disruption Device (TASER) used by the department. 3. Less-lethal impact weapons and munitions (a) It shall be the responsibility of the Senior Firearms Instructor to maintain records of Less-Lethal Impact Munitions weapons and qualifications in accordance with 501 Firearms policy. (b) It shall be the responsibility of the Senior Firearms Instructors to issue impact munitions in accordance with this policy. (c) Officers issued Less-Lethal Impact Munition weapons shall be responsible for the cleanliness and operation of the weapon in accordance with 501 Firearms.

500.3.7 SPECIAL USE INTERMEDIATE FORCE WEAPONS 1. The Chief may approve alternative special use less-lethal weapons for use by SWAT team members who are authorized to use them in accordance with their training and the situation presented to the member.

FIREARMS

501.1 PURPOSE The purpose of this policy and procedure is to provide a single source of reference for all department members as to the authorization, discharge and safe carrying of department authorized firearms. Officers are equipped with a firearm to defend themselves and others against deadly force, or the threat of imminent deadly force. However, when a firearm is used by an officer, it must be with the realization that the death of some person may occur.

501.2 DEFINITIONS A. Deadly Force - Force that is intended or known by the actor to cause, or in the manner of its use can cause death or serious bodily injury. B. Intoxicated– Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, drug, a dangerous drug, a combination of two or more of those substances or any other substance into the body; OR having an alcohol concentration of 0.08 or more. C. Qualification Course - A course of fire that meets the minimum requirements set forth by the Texas Commission on Law Enforcement (TCOLE) and is approved by the Senior Firearms Instructor. D. Training Course - A course of fire designed to improve the skills of the participating officer and expose members to a range of scenarios and experience when using their firearms.

501.3 PROCEDURES

501.3.1 CARRYING OF A FIREARM (RP 6.05) 1. Unless otherwise approved by the Chief of Police or his designee, all sworn officers are required to carry a department approved firearm during their regularly assigned on-duty hours. 2. An officer may carry a firearm when off-duty as permitted by law through their authority as a peace officer. Officers are not required to carry a firearm while off-duty. Officers who are off-duty carrying a firearm shall not openly carry the firearm, unless they are identifiable as a peace officer. 3. Officers shall not carry a firearm while intoxicated. Officers shall not consume alcoholic beverages while carrying a firearm on their person on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51% or more of its income from the sale or service of alcoholic beverages for on-premise consumption, as determined by the Texas Alcoholic Beverage Commission Under Section 104.06, Alcoholic Beverage

FIREARMS

Code. Officers will not consume an alcoholic beverage while identifiable as a peace officer.

501.3.2 AUTHORIZATION FOR THE DISCHARGE OF FIREARMS See De-escalation and Use of Force policy

501.3.3 DISCHARGE OF FIREARMS INVESTIGATION The department will administratively, and if the criteria outlined in 503 Deadly Force Incidents are met, criminally investigate all incidents in which an officer discharges a firearm while acting in an official capacity, except: 1. The discharge of firearms at an approved range, all forms of target practice or organized shooting matches. 2. The discharge of a firearm for the purpose of destroying a dangerous animal with the following requirements: (a) The officer shall immediately notify the duty supervisor. (b) The duty supervisor shall make the scene, insure an offense report is completed, and complete a significant incident report.

501.3.4 REPORTING FIREARMS DISCHARGE 1. Whether on- or off-duty, following the discharge of a firearm except those outlined in Section 501.3.3.1 above, it is the responsibility of the member(s) involved to notify an on-duty police supervisor as soon as reasonably possible. 2. The on-duty supervisor shall respond to the scene if practical and notify the Chief of Police through the chain of command. 3. Complete written reports of the incident as required by all members involved.

501.3.5 DISCHARGE OF A FIREARM INVOLVING THE SHOOTING AT OR OF A PERSON (RP 6.06) Investigations of this type incident are handled in accordance with 507 Discharge of Firearms, 503 Deadly Force Incidents, and 301 Discipline.

501.3.6 SPECIFICATIONS OF FIREARMS AND AMMUNITION (RP 6.04) 1. The senior firearms instructor shall maintain a record of all specifications for each of the following equipment and materials as approved by the Chief of Police: (a) Uniform/Duty Firearms – Barrel length 3.5” – 5.5” (b) Secondary Duty/Back-Up Firearms - Barrel length 2.0” -5.5” (c) Ammunition – Department issued only for duty firearms (d) Uniform/Duty Holster – as specified by the Senior Firearms Instructor (e) Shotguns (f) Patrol Rifles

FIREARMS

2. The Senior Firearms instructor shall provide a current record of specifications for all equipment approved in Section (F)(1) on the department intranet server. 3. The minimum trigger pull weight of all weapons shall not be less than 3.5 pounds. 4. No alterations of a weapon’s firing system shall be conducted to any weapon unless performed by a qualified agency armorer.

501.3.7 APPROVED SECONDARY DUTY/BACKUP FIREARM 1. A secondary/back-up firearm may be carried on duty at the discretion of the individual officer. 2. All secondary/back-up firearms must be totally concealed and secured in a safe and proper manner. 3. All secondary firearms will be examined by the Senior Firearms Instructor to insure safety. 4. Secondary/back-up firearms shall not be carried in a briefcase or patrol bag.

501.3.8 SPECIAL PURPOSE FIREARM 1. Special-purpose firearms presently owned by the Pearland Police Department fall under the direct control of the Chief of Police. 2. Special-purpose firearms are restricted as to use and access. 3. The limited situations that require the access and use of special-purpose firearms are governed by orders from the Chief of Police in policies regulating SWAT units. 4. SWAT training officers will maintain qualification records for special-purpose firearms. 5. Officers qualified in the use of special-purpose firearms through their SWAT unit may utilize these weapons in accordance with their training during SWAT operations or exigent circumstances.

501.3.9 ISSUANCE AND USE OF DEPARTMENT OWNED FIREARMS 1. Department-owned duty firearms may be used by any officer under certain circumstances. 2. Any request for use of any department-owned type firearm will be in written form to the Senior Firearms Instructor through the chain of command to the Chief of Police or his designee. 3. The request will state all reasons and conditions for the use of the firearm. 4. The request may be granted for a specified period but can be extended upon further request and approval. An accurate record will be maintained by the Senior Firearms Instructor of all department-issued weapons. 5. All weapons will be returned to the Senior Firearms Instructor clean and in proper working order.

FIREARMS

501.3.10 LOADING AND CARRYING OF DUTY WEAPON Members shall obey the following rules regarding the loading and carrying of duty weapons: 1. The duty firearm will be fully loaded with department-issued ammunition only. 2. Uniformed officers on-duty shall carry a minimum of two additional loaded magazines. Additional magazines shall be loaded only with department-issued ammunition. 3. While on-duty, non-uniformed/plainclothes officers shall carry at least one additional magazine loaded only with department-issued ammunition. 4. All firearms carried are kept clean and in good working order. 5. Officers will not unnecessarily display firearms in any public place. 6. Officers shall not leave any firearms or other weapons unattended in department facilities except when the place of storage is locked or under constant personal observation. 7. Officers will not lend, give, or sell any firearm to any person who does not have a legal right to possess such firearm. 8. All sworn officers whose duties require them to be armed shall be armed while on- duty unless exempted by a supervisor or when entering a jail facility. 9. Members will exercise the utmost caution while in possession of a firearm to prevent a negligent discharge.

501.3.11 FIREARMS INSPECTIONS 1. Inspections of firearms will be done outside of vehicles and buildings, unless otherwise directed by a firearms instructor. 2. Each officer is responsible to inspect their firearms to insure they are clean and in proper working order. It is each officer’s responsibility to know how to properly and safely inspect their firearms. Officers who are unsure of how to properly inspect and clean their firearms is responsible for learning from a firearms instructor. 3. Firearms inspections will be conducted randomly by a supervisor or department firearms instructor with or without notice. 4. Any weapon or holster found defective in operation, safety or cleanliness will immediately be reported to a supervisor of the member found in violation. 5. The member is required to replace, repair or clean the weapon and/or holster found in violation and present it for inspection and approval prior to reporting for or continuing duty. 6. All firearms carried by a police officer on-duty will be inspected by a firearms instructor at least annually. (RP 3.03)

501.3.12 DEPARTMENT- OWNED SHOTGUNS 1. Prior to using a department owned shotgun an officer shall inspect the weapon. 2. Issuance and maintenance records of all department-owned shotguns will be maintained by the Senior Firearms Instructor.

FIREARMS

3. Department-owned shotguns shall be checked at least semi-annually by a Senior Firearms Instructor or designate to insure the shotgun is clean and functioning properly. (RP 3.03) 4. During department firearms qualifications sessions, department shotguns may be fired to check functional reliability. Any shotgun found to be operating improperly shall be repaired before being returned to service

501.3.13 PATROL RIFLES AND SHOTGUN SAFETY 1. Patrol Rifle and Shotgun Safety. (a) At no time will a loaded patrol rifle or shotgun be carried in the police building except when police action is required. (b) Barring exigent circumstances, a patrol rifle or shotgun will not be loaded with a live round in the chamber while it is in a department vehicle. (c) The patrol rifle or shotgun will always be pointed in a safe direction or into a clearing barrel while loading or unloading. 2. Officers wishing to carry a patrol rifle shall bear the initial expense of purchasing the weapon. 3. Patrol Rifle Specifications (a) No fully automatic rifles are authorized. (b) Short-barrel rifles and noise reduction devices are permitted. Officers are responsible for securing their own tax stamp and copies must be kept on file with qualification documentation. 4. No officer shall carry a patrol rifle until completion of a Patrol Rifle course that has been approved by the Senior Firearms Instructor. 5. Carrying of the Patrol Rifle or Shotgun (a) Patrol rifles and shotguns will be carried secure in the trunk of the patrol vehicle while on-duty until such a time deployment is necessary unless secured in an approved locking mount or locking device installed in the passenger compartment of the vehicle. (b) A patrol rifle or shotgun shall only be deployed when the situation indicates it is necessary and not as a matter of routine use. (c) The patrol rifle or shotgun shall be returned to the patrol vehicle and secured as soon as it is no longer needed. (d) The patrol rifle or shotgun shall be rendered safe before placing it in the patrol vehicle. 6. Rifles or shotguns shall not be left in fleet vehicles while off-duty unless secured in a trunk or an SUV department approved cargo area locked vault. If the fleet vehicle is left in a City owned secured parking lot (PD, FD, etc.) the rifle or shotgun may also be left in the approved long gun locking mount. The intent of this rule is to insure firearms are not in plain view and easily accessible in a vehicle while off-duty.

FIREARMS

501.3.14 SRO RIFLES IN SCHOOL By virtue of their assignment, the department’s School Resource Officers will be first on the scene of an attack by an armed individual at a school campus. In cooperation with Pearland ISD, in preparation for such an incident select SRO’s will be issued patrol-style rifles. The following regulations will govern the issuance, storage and transportation of SRO rifles. 1. Only SRO’s who have been issued a department-owned SRO patrol-style rifle and have qualified with said rifle as outlined in this policy shall be permitted to store an SRO patrol-style rifle on a school campus in an SRO firearm safe. 2. SRO Firearm Safes (a) SRO firearm safes will be installed in the offices of SRO’s issued a patrol-style rifle. (b) Only SRO’s and the SRO supervisor shall be allowed access to a school firearm safe. (c) All SRO firearm safes will be assigned a single master code and this code shall be retained only by SRO’s and the SRO supervisor. (d) Back-up keys for SRO firearm safes will be retained by the SRO supervisor. (e) SRO firearm safes will not be opened in the presence or view of any student or non-law enforcement campus visitor unless exigent circumstances exist. (f) The office where an SRO firearm safe is stored will be secured when not physically occupied by a law enforcement officer. (g) SRO’s will report any malfunctions or damage to SRO firearms safes to the SRO supervisor as soon as possible. (h) SRO firearm safes should be referred to as ‘evidence safes’ to students and non-LE campus visitors to conceal their purpose. 3. The transfer of an SRO patrol-style rifle from vehicle-to-office and/or office-to-vehicle shall be done before students arrive on campus or after students have been dismissed for the day. 4. When being transferred between a vehicle and office SRO patrol-style rifles will be carried in a rifle case. 5. SRO’s will not confirm or deny the presence of a patrol-style rifle on a school campus. 6. SRO patrol-style rifles shall not be stored in an SRO firearm safe during the following school breaks: Summer, Thanksgiving, Christmas, and Spring Break.

501.3.15 MANDATORY TRAINING AND QUALIFICATIONS WITH FIREARMS (RP 3.01) 1. The department will provide firearms training on a regular basis. Officers are required to attend every training or qualification course provided by the department. 2. Officers must qualify with their on-duty firearm(s) once per calendar year. During each qualification the Senior Firearms Instructor is responsible to insure training is provided on the use of deadly force and the use of firearms. (RP 3.02)

FIREARMS

3. A minimum of seven (7) days written or posted notice should precede the mandatory training or qualifications. (a) The notice will identify the type of course to be completed. (b) The notice will identify the types of firearms to be used. (c) The notice will identify approved equipment and attire. (d) Any officer unable to attend firearms qualification shall notify his/her Division Commander in writing who must approve the absence. (e) The Division Commander will report approved absences to the Senior Firearms Instructor. 4. At each qualification or training session, members fire the course approved by the Chief of Police or his designee. Appropriate classroom instruction may be provided in addition to range qualification. 5. At each firearms training or qualification each member will present for inspection the firearm(s) specified for training or qualification. The firearms must be checked for safe and proper functioning and all pertinent data recorded and kept on file in the police department. (RP 3.03) 6. Members assigned to ‘Light Duty’ status at the time of mandatory TCOLE qualification shall not report to the range. Members on ‘Light Duty’ status who have not completed a TCOLE qualification course of fire in the 12 months preceding their return to full duty shall notify the senior firearms instructor and must qualify before returning to full duty.

501.3.16 PROFICIENCY REQUIRED 1. All department members required to carry a firearm must attain a minimum passing qualifying score (70%) as determined by TCOLE at least once every calendar year. 2. TCOLE Qualification Course of Fire (a) Fifty (50) rounds of duty-grade ammunition, (b) Fired at ranges from point-blank to at least 15 yards, (c) At least twenty (20) rounds at or beyond seven yards, and (d) Include at least one timed reload. (e) The Senior Firearms Instructor may alter the course of fire at his discretion, but all TCOLE qualifications will meet or exceed the above minimum standards. 3. When participating in a TCOLE qualification course of fire, any member of the department failing to achieve the minimum qualification score on their first attempt shall fire two (2) more attempts to qualify on that same day (3 total qualification attempts). Failure to qualify on that same day will result in a failing score. 4. Qualification Failure (a) Discipline for officers who fail to meet the minimum qualification score on their initial allotted attempts shall be a Category B Written Reprimand.

FIREARMS

(b) Officers who have failed a qualification course of fire within their allotted attempts shall immediately be relieved from those duties that require the carrying of firearms until they are able to attain a qualifying score. (c) The Senior Firearms Instructor will promptly notify the Division Commander through the Chain of Command of any member failing to achieve the minimum qualifying score. (d) Officers who have failed a qualification course shall be assigned for additional training. Proficiency must be demonstrated at the end of remedial training within seven (7) business days of the date of failure. (e) Remedial training and requalification attempts will be scheduled at the convenience of firearms instructors. (f) Officers will be afforded 3 attempts to achieve a passing score after the mandated remedial training. (g) Officers may not return to full duty until they have achieved a passing score on a qualification course of fire. (h) Officers who fail to meet the minimum qualification score within (7) business days are subject to Indefinite Suspension.

501.3.17 RANGE SAFETY RULES 1. General Rule: Treat all firearms as though they are loaded. 2. Specific Rules (a) Always keep weapons pointed in a safe direction. (b) Always keep fingers off the trigger until ready to shoot. (c) Be sure the weapon is safe to operate. (d) Use only the correct ammunition for the weapon. (e) Wear appropriate ANSI (Z87+) eye protection and ear protection (minimum 25 NRR). (f) During training load at the firing line after the command to load is given. (g) During training unload when and as instructed. (h) Always keep firearms pointed down range. (i) Never draw a weapon from the holster or re-holster with a finger in the trigger guard. (j) While on the firing line no talking except by instructors. (k) Never step forward on the firing line unless the range has been cleared and the command is given to move. (l) The range officer is the instructor of record and is in command of range activities.

FIREARMS

(m) Immediately notify range officers if commands are not understood, if unprepared on the line or if there is a safety hazard. (n) Certain types of weapons and training scenarios require additional safety precautions. Range officers will notify students accordingly. (o) Officers shall notify range officers when taking any prescription or non- prescription medication that may interfere with the safe performance of their job duties.

501.3.18 SPECIAL RESPONSIBILITIES FOR SENIOR FIREARMS INSTRUCTORS 1. Serve as the Firearms Proficiency Officer for department qualifications. 2. Maintenance of accurate and current records regarding firearms proficiency and qualifications of each member of the department carrying firearms. 3. Maintain weapon inspection records for all authorized duty firearms including brand, model, caliber, and serial number. 4. Maintain department armory and control of all department-owned firearms. 5. Maintenance, repair and cleaning of all department-owned firearms. 6. Serve as advisor to department staff in reference to firearms needs of the department. 7. Initiate and coordinate firearms training in conjunction with department training officer.

DE-ESCALATION AND USE OF FORCE

502.1 PURPOSE The Pearland Police Department places its highest value on the life and safety of its officers and the public. The department’s policies, rules and procedures are designed to insure this value guides employees in their interactions with the public and police officer and jailer use of force. To the extent possible, all employees are required to utilize trained de-escalation techniques in situations which may otherwise require force to be used. Even though all officers and jailers must be prepared to use force when necessary, reasonableness must be exercised in its use. Consequently, an officer or jailer is justified in the reasonable use of force in self-defense; in defense of another; or when faced with a situation that immediately requires force to be used to protect life, property, or lawfully effect an arrest or detention. Just as important, an officer or jailer is expected to refrain from using force when the use of force might threaten the life or safety of an innocent person, or if the use of force is not clearly warranted by the policy and rules of the department.

502.2 DEFINITIONS A. Bodily Injury - Physical pain, illness, or any impairment of physical condition. (Texas Penal Code 1.07) B. De-Escalation – Tactics and techniques used by employees, when safe and feasible without compromising law enforcement priorities, that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of voluntary compliance. C. Deadly Force - The force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury. (Texas Penal Code 9.01) D. Non-Deadly Force - That amount of force, which in the circumstances then present is neither likely nor intended to cause death or seriously bodily injury. Non-Deadly force shall be taken to mean the following types of force, Presence, Verbalization, Empty Hand Control - Soft Techniques, Pointing of a Weapon, Pain Compliance (Empty Hand Control – Hard Techniques, approved chemical agent – OC Spray, approved electro- muscular disruption device – TASER), K9 bite, Approved Baton or Less-Lethal Impact Munitions. E. Serious Bodily Injury - Bodily injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Texas Penal Code 1.07)

502.3 PROCEDURES

DE-ESCALATION AND USE OF FORCE

502.3.1 DE-ESCALATION 1. All employees of the Pearland Police Department will be trained in de-escalation techniques within 6 months of being hired or a reasonable amount of time if part of an academy hosted by PPD. The department will provide continuing de-escalation training and incorporate de-escalation training in all intermediate weapon and other use of force training hosted at the Pearland Police Department. 2. Prior to using non-deadly or deadly force, all law enforcement personnel, when safe and without compromising law enforcement priorities, must attempt to use de- escalation techniques to gain compliance. This requirement does not require an officer/jailer to engage in de-escalation techniques when it is obvious to a trained officer/jailer that such techniques would be ineffective or increase the likelihood an employee or another person may be injured, or a violator may escape. 3. De-escalation techniques (a) Communicate – Use verbal persuasion, advisements, empathy, or warnings as the situation requires. (b) Remain Calm – Displaying calm in the midst of a heated situation is perhaps one of the most critical techniques, the act can be contagious. (c) Listen – Allow people to give their side of the story, give them a voice and permit them to vent as possible. Many people just want a chance to say their side. (d) Explain – Explain what you’re doing, what they can do, and what’s going to happen. Telling somebody what will happen often eases tension. (e) Equity – Tell them why you are taking action. The reason must be fair and free of bias, and show their input was taken into consideration. (f) Dignity & Respect – Act with dignity and leave them their dignity. Showing respect or concern can establish a positive foundation for the entire interaction. (g) Patience – Time is often on the side of law enforcement, slow things down when applicable. (h) Contain a threat – When possible contain the threat, this may include backing off and surrounding an area, such as in a barricaded suicidal subject. (i) Move to a better position - Place barriers between an uncooperative subject and the officer to improve safety. Reduce exposure to unnecessary threats through distance, cover, or concealment. (j) Request resources – Call for additional officers to help stabilize a situation or reduce the type of force needed. Request CIT trained personnel, officers equipped with additional less-lethal tools, or even outside personnel as the situation dictates. (k) Employ your training – Use your training and life experiences to interact and gain compliance without having to use force.

502.3.2 USE OF FORCE CONSIDERATIONS 1. Subject Threat Level

DE-ESCALATION AND USE OF FORCE

(a) Compliant – Subject is offering no resistance and follows the commands of the officer/jailer. (b) Passive Resistance – Subject does not respond to verbal commands, but also offers no physical form of resistance. (c) Threatening – Actions or words by a subject which would reasonably place another in fear of injury. (d) Active Physical Resistance – Physically evasive movements to defeat, avoid, or prevent an officer’s attempt at apprehension, but who does not attempt to inflict harm against the officer/jailer. (e) Assaultive – A subject who does not follow verbal commands, resists the officer/ jailer and who is aggressive or combative; actively attempting to assault or assaulting the officer or another person. (f) Life-threatening – Any action likely to result in serious bodily injury or death of an officer or another person. (g) Suicidal – Any subject who presents an immediate threat of death only to him/ herself. 2. Condition of the Subject (a) Apparent medical conditions; (b) Infirmed, feeble, or elderly; (c) Mental impairment; (d) Obvious developmental or physical disability; (e) Obvious or stated pregnancy; (f) Language barrier, can the subject understand the officer; (g) Deaf or hard of hearing; (h) Drug interaction; (i) Behavioral crisis; (j) Factors which may be beyond the individual’s control. 3. Other Factors to Consider (a) Seriousness of the crime or offense suspected, nature of the offense; (b) The level of threat or resistance presented by the subject; (c) The risk of escape; (d) The conduct of the individual being confronted by the officer; (e) The time available to the officer to evaluate the situation and decide on a course of action; (f) The availability of other feasible, less intrusive force options;

DE-ESCALATION AND USE OF FORCE

(g) The availability of backup or support; (h) The availability to engage in de-escalation before resorting to force; (i) Actions or the presence of third parties; (j) The relative size or physicality of the officer to the subject; (k) Any pattern of violence known to the officer at the time of the incident; (l) The number of subjects; (m) The environment in which the incident is taking place; (n) Whether the officer believes the subject is armed or near a deadly weapon; (o) The totality of the circumstances.

502.3.3 REASONABLE. PROPORTIONAL, AND NECESSARY FORCE (RP 6.01) 1. Police officers and jailers are authorized to use physical force but shall only use physical force when no other viable option is available or reasonable given the circumstances. In all cases where force is used, it must be reasonable, proportional, necessary and meant to achieve a legal objective. (RP 6.01) 2. A police officer/jailer is authorized to use deadly force when the officer/jailer reasonably believes that his/her life is in immediate danger of death or serious bodily injury or a third person is in immediate danger of death or serious bodily injury. (RP 6.02) 3. Police officers and jailers shall use force only when it is objectively reasonable, proportional, and necessary to effectively and safely resolve a conflict or incident. Force may only be used when it is in line with the department’s mission of preserving life and minimizing physical harm. Officers or jailers may use reasonable, proportional, and necessary force to achieve one or more of the following objectives: (a) Lawfully arrest, detain, or search an individual; (b) To defend oneself or another; (c) Prevent escape of an individual who the officer/jailer has reason to believe has committed a crime, however deadly force is not authorized to stop a fleeing subject unless the subject poses an immediate threat of serious bodily injury or death to somebody other than the subject; (d) To maintain the safety and security of the detention facility; (e) To prevent the damage or theft of property, however, deadly force is not authorized to attempt to stop a subject from damaging or stealing property. (f) To prevent a subject from engaging in acts of self-harm, however, deadly force is not authorized to attempt to stop somebody from self-harm.

502.3.4 USE OF FORCE CONTINUUM 1. Types of Force - Force options are listed from the least severe to the most severe:

DE-ESCALATION AND USE OF FORCE

(a) Presence – No force is used, the mere presence of authority is sufficient to gain compliance to lawful commands, deter crime or diffuse the situation. The officers/jailer’s attitudes are professional and non-threatening. (b) Verbalization – Force is not physical, issuing calm, nonthreatening lawful commands. Officer/jailers may increase their volume, shorten commands, or employ other necessary verbalization including threats/consequences for a failure to comply with lawful orders. (c) Empty Hand Control (Soft Techniques) – Officers/jailers use grabs, holds, or joint locks to restrain an individual, unlikely to cause any injuries to the subject, but that may cause temporary discomfort (this includes handcuffing, leg cuffs, transport belts, restraint chairs, straightjackets or similar devices used to immobilize a person). (d) Pointing of a Weapon – The purposeful pointing of a weapon at a person. The pointing of a firearm is considered more force than the pointing of an intermediate weapon.The unholstering, display, or holding of a weapon in the ready position (low ready, “SUL”, etc.) is NOT considered the Pointing of a Weapon. (e) Pain Compliance – These techniques have a possibility of causing injury and include the following based on the level of resistance: 1. Use of an approved chemical agent – Oleoresin Capsicum (OC) spray used in compliance with policy and training. 2. Use of an approved electro-muscular disruption device – TASER used in compliance with policy and training. 3. Empty Hand Control (Hard Techniques) – Officers/jailers using strikes, kicks, takedowns, throws, or other physical strength or skill which may include martial arts or other fighting techniques. (f) Trained Police K9 – They have a high probability of causing injury when they bite. As such Police K9s shall only be used pursuant to department policy and training. (g) Less Lethal Weapons – These weapons have a high probability of causing injury, including soft connective tissue damage or bone fractures. This would include an Approved Baton, or Less-Lethal Impact Munitions. (h) Deadly Force Options – The following weapons or techniques are likely to cause serious bodily injury or death: 1. Discharge of a firearms. 2. Ramming of a person with a vehicle. 3. Purposeful strikes to the head or neck with a baton or similar item. 4. Intentional shots to the head or neck with a Less-Lethal Impact Munition. 5. Neck holds, including chokeholds, strangleholds, lateral vascular neck restraints, carotid restraints, chest compressions, or any other tactic that restricts oxygen or blood flow to the head or neck.

DE-ESCALATION AND USE OF FORCE

6. Any purposeful act by a police officer or jailer that the officer/jailer should have reasonably known would lead to the serious bodily injury or death of a person. (i) Non-Categorized Weapon of Opportunity – A weapon of opportunity should only be used by a police officer/jailer who is facing at a minimum an Assaultive subject and only to the degree the officer/jailer had no other reasonable approved methods to defend him/herself. The officer/jailer must understand the use of such an object/technique will be applied to the closest level of force on this continuum and the application of the object/technique must be justified. 2. Levels of Force – Officers/jailers will employ the lowest reasonable, proportional, and necessary level of force based on the circumstances to achieve the needed outcome. All uses of force consider the Totality of the Circumstances. The levels of force will be categorized as follows: (a) Low Level Force – Has no, to very low probability of causing injury. This level of control may be necessary to interact with Subject Threat Levels who are Compliant, Passive Resistance, Threatening, or Suicidal actions. Types of Force which may be appropriate include Presence, Verbalization, Empty Hand Control (Soft Techniques), and/or Pointing of a Weapon. (b) Intermediate Level Force – Has a potential to cause injury or substantial pain. This level of control may be necessary to interact with Subject Threat Levels who are Threatening, using Active Physical Resistance, Assaultive, or Suicidal. Types of Force which may be appropriate include Presence, Verbalization, Empty Hand Control (Soft Techniques), Pointing of a Weapon, or Pain Compliance. (c) K9 Force – While Trained Police K9s have a high probability of causing injury when they bite, police K9s may be necessary to use during incidents of lower Subject Threat Levels. Depending on the Totality of the Circumstances, this level of control may be necessary to interact with Subject Threat Levels who are Passive Resistance (in circumstances consistent with police K9 training), Threatening, Active Physical Resistance, Assaultive or Suicidal. (d) High Level Force – Has a high probability of causing injury or substantial pain but is not meant to cause serious bodily injury or death. This level of control may be necessary to interact with Subject Threat Levels who are Assaultive or Suicidal. Types of Force which may be authorized include Presence, Verbalization, Empty Hand Control (Soft Techniques), Pointing of a Weapon, Pain Compliance, or Less Lethal Weapons. (e) Deadly Force – Has a high probability of causing Serious Bodily Injury or Death and is only meant to deal with Subject Threat Levels who are Life-threatening when Deadly Force Options remain the only visible response.

502.3.5 DUTY TO INTERVENE, REPORT, AND PROVIDE AID 1. Duty to Intervene & Report

DE-ESCALATION AND USE OF FORCE

(a) A police officer or jailer has an affirmative duty to intervene to stop another officer or jailer, regardless of rank or employing agency, who engages in excessive or unnecessary force in his/her presence. Consistent with (b) Any employee who observes what they believe to be an excessive use of force have a duty to report the incident to an on-duty supervisor. The failure to report an unnecessary or excessive use of force is a serious violation which will lead to disciplinary action, up to and including indefinite suspension or termination. (c) A supervisor who is informed by any employee of an alleged excessive use of force shall immediately notify their division commander (or on-call police command staff member) and initiate an inquiry into the matter. 2. Duty to Provide Aid (a) As soon as safely practical, following any use of physical force, officers/jailers are required to render first aid and if necessary call for medical assistance or any other aid for anyone in police custody who the officer/jailer has reason to know is injured and to anyone who complains of injury. (RP 6.07) (b) As soon as safely practical, following the deployment of any intermediate weapon, a K9 bite, or any use of deadly force, officers/jailers shall summon emergency medical services (EMS or FD) to provide aid. Probes from an Electro-Muscular Disruption Device (TASER) shall be removed by Emergency Medical Personnel.

502.3.6 USE OF FORCE / GENERAL RULES 1. Following an Intermediate, K9, High, or Deadly Use of Force, an officer or jailer will to the extent possible, turn over custody of the subject to another officer or jailer. The purpose of this is to facilitate the de-escalation of the incident and to better permit the involved employee to promote composure. 2. Peace officers shall not surrender their firearm unless as a last resort and only after using every tactical tool at their disposal. Surrender of a weapon rarely de-escalates a serious situation and can, in fact, put the officer and innocent persons in jeopardy. 3. No officer shall carry or in normal circumstances use any weapon unless it is approved, and he/she has been properly trained in its use (the Police Utility Knife is not a tool to be trained on as a weapon). “Training” shall include proficiency in technical, mechanical, and physical aspects of the use of the weapon, a knowledge and understanding of the law, rules contained in departmental policy and any other regulations regarding the use of the weapon.

502.3.7 USE OF NON-DEADLY FORCE 1. Non-deadly force may be used in instances where a police officer or jailer must take action to achieve a lawful objective. 2. Whenever a police officer finds it necessary to use non-deadly force to achieve a lawful objective, it shall be incumbent upon that officer to evaluate and use the options

DE-ESCALATION AND USE OF FORCE

available, based on laws governing the use of force, reasonableness, proportionality, and necessity. 3. An approved chemical agent unlikely of inflicting permanent injury may be used pursuant to this policy, subject to the following rules: (a) Under normal circumstances, all reasonable steps should be taken to insure that innocent persons are not affected by the discharge of a chemical agent. (b) The preferred target area is the eyes/brow and it is recommended the deployment is 36 or more inches from the face. (c) Only the amount of chemical agent required to control the situation is to be used. Once the subject is under control, the use of chemical agents shall be discontinued. (d) Every reasonable effort will be made to relieve the subject’s discomfort once control has been attained and medical aid summoned in accordance with Section E of this order. 4. An approved electro-muscular disruption device (TASER), not designed to inflict permanent injury, may be used pursuant to this policy, subject to the following rules: (a) Under normal circumstances, all reasonable steps should be taken to insure innocent persons are not affected by the discharge of an electro-muscular disruption device (TASER). (b) Use preferred target zones -below the neck on the back and below the chest on the front. Avoid the head and groin areas. (c) TASER use shall not continue after target aggression has ceased or once the subject is under control. (d) Every application of the TASER must be justified. (e) Every reasonable effort will be made to relieve the subject’s discomfort once control has been attained and medical aid summoned in accordance with Section E of this order. 5. The baton may be used by an officer pursuant to this policy, subject to the following rules: (a) Blocks with the baton are actually strikes that are occurring to stop an attack that is coming at an officer. These blocks are delivered to the meaty portion of the arm or leg that is attacking the officer in order to disable to the attacker. (b) Baton strikes are delivered to the meaty portions of the leg (thigh and calf). (c) Baton strikes shall not continue after target aggression has ceased. (d) Every reasonable effort will be made to relieve the subject’s discomfort once custody has been attained and medical aid summoned in accordance with Section E of this order.

DE-ESCALATION AND USE OF FORCE

502.3.8 USE OF DEADLY FORCE 1. A police officer or jailer is authorized to use deadly force when the officer/jailer reasonably believes his/her life is in immediate danger of death or serious bodily injury or a third person is in immediate danger of death or serious bodily injury. (RP 6.02) 2. Police officers/jailers should exhaust other reasonable alternatives when those alternatives would be likely to achieve the goal of stopping the immediate danger of serious bodily injury or death. Officers/jailers are not expected to attempt to use all other force alternatives prior to deadly force, when the situation clearly warrants an immediate need for deadly force as the only reasonable action to stop the threat. 3. The following rules shall be adhered to in the discharge of firearms at a person: (a) Police officers shall not discharge their firearms except when deadly force is authorized and only when it will not clearly endanger innocent persons. (b) When possible and to the extent doing so would not further endanger the officer or another, officers should warn the suspect they will be shot if they do not comply. (c) Police officers shall not: 1. Fire warning shots. (RP 6.09) 2. Discharge their firearms to subdue an escaping suspect who presents no imminent threat of death or serious bodily injury. 3. Discharge their firearms to threaten or subdue persons whose actions are only destructive to property or injurious to themselves. 4. Discharge their firearm in an attempt to disable a vehicle. (A SWAT operation may permit the disabling of a vehicle in compliance with CART guidelines) 4. Once a lesser degree of force is considered effective or the subject has submitted to custody, the use of deadly force shall be discontinued. 5. Every reasonable effort will be made to relieve the subject’s discomfort once control has been attained and medical aid summoned in accordance with Section E of this order. 6. Police officers or jailers who use deadly force during the performance of their duties either on- or off-duty will be subject to post-incident drug/alcohol testing within a reasonable amount of time after the scene of the incident has been secured.

502.3.9 COMPREHENSIVE REPORT OF USE OF FORCE 1. Employee’s Responsibility Use of Force Reporting (a) An officer who points a weapon shall include the reasons for doing so pursuant to 604 Incident Reports. (b) To promote transparency and accountability of actions involving the use of physical force against civilians, employees shall immediately or as soon as practical report to an on-duty police supervisor any injury to a prisoner or use of

DE-ESCALATION AND USE OF FORCE

force involving the Pain Compliance (Empty Hand Controls – Hard Techniques, use of an approved chemical agent – OC spray, use of an approve electro- muscular disruption device – TASER), a K9 bite, an approved Baton or discharge of a Less-Lethal Impact Munition, any Deadly Force Option, or Non-Categorized Weapon of Opportunity. (c) An employee who uses force as defined above, shall complete an incident report or as necessary based on the circumstances, provide a statement to a reporting officer. (d) An employee shall articulate and document the following: 1. The subject’s action necessitating the use of force, including any threat presented by the subject; 2. Any efforts to de-escalate or use lesser options of force and the type of force used; 3. Any warning given to the subject prior to the use of force, and if not, why not; 4. Any injury or complaints of injury by the subject; 5. Any injury or complaints of injury to an officer/jailer or other person; 6. Any information regarding first aid provided or any medical assessment or evaluation, including whether the subject refused medical attention. (e) An employee must complete their report before the end of their shift, unless it is impractical to do so (injury, criminal investigation, etc.) and a supervisor approves the report being incomplete. 2. Supervisor Responsibility for Use of Force Reporting (a) No supervisor who used, participated in, or ordered a reportable use of force, will conduct the supervisory evaluation of the incident, unless it is impractical under the circumstances. If no other supervisors are available, the supervisor will contact his/her division commander (or if the division commander is unavailable then the on-call command staff member) for guidance. (b) Immediately upon being notified of a use of force incident, the supervisor shall respond to the scene, if practical, to take command of the incident and insure department policy is followed and a competent investigation occurs. The supervisor shall insure notifications are made pursuant to 601 Major Incident Response and 503 Deadly Force Incidents; (c) For incidents involving the delivery of impact munitions, the supervisor shall contact the appropriate District Attorney’s office to determine proper protocols for investigation under 503 Deadly Force Incidents. (d) The supervisor shall initiate an investigation (administrative review) into the Use of Force and complete a Use of Force module in RMS.

DE-ESCALATION AND USE OF FORCE

(e) For incidents involving a TASER(Electro-Muscular Disruption Device), the supervisor will insure any data recorded by the weapon is downloaded and submitted with the Use of Force report. (f) Regardless of the jurisdiction of the incident, a department supervisor shall initiate an investigation required under this section for any Pearland S.W.A.T. officer involved in a use of force incident, when the force is directed at a person. The deployment of gas or flash-bangs for the purpose of clearing an objective are not considered to be directed at a person. 3. Use of Force Module in RMS (RP 6.03) (a) The Supervisor who enters the information into the Use of Force Module in RMS shall complete the administrative review. (b) The supervisor shall include a copy of the incident report, all video, and copies of other evidence pertinent to the investigation. The supervisor shall make a recommended classification based on the highest level of force used and determine if the action was within guidelines, whether there were lesser force alternatives available (that would have been likely to resolve the incident) and whether training and proper tactics were followed. Whenever possible the supervisor should finish the report before going off-duty, if he/she is unable to do so, the supervisor shall notify their division commander, through their chain of command, where the file is located, why he/she was unable to complete the module before the end of their shift, and an approximate date it will be completed. (c) For a Use of Force incident in which the supervisor believes the force was within policy guidelines, the supervisor will forward the report through his/her chain of command to the Division Commander. The Division Commander will review the incident and if he/she concurs, will forward the report to Bureau Chief of the officer involved. If the Bureau Chief concurs, the Chief will forward the report to the Professional Development unit for review of training opportunities. After review, the Use of Force report will be forwarded to the Chief’s Executive Assistant for scanning and filing. Files will be retained for a minimum of 5 years or longer as required by State statute. (d) If any supervisor or officer assigned to review a Use of Force believes the force used was unnecessary or excessive, the supervisor will stop their administrative review and initiate an inquiry (professional standards investigation) via the discipline system. The employee making the complaint shall also make immediate notification to their division commander if applicable, via their chain of command, of their concerns. The division commander who completes the Division Commander Synopsis of the inquiry, will complete the Use of Force Module and will indicate their findings in the module. 4. Annual Use of Force Report (RP 6.10) (a) The Pearland Police Department will prepare an annual report on Use of Force Incidents which will be sent to the Chief of Police by January 31st of the following year.

DE-ESCALATION AND USE OF FORCE

(b) The report will include at a minimum data on the following: 1. The number of Citizen Calls for Service and Police Incidents during the year; 2. The number of Use of Force Incidents in the year; 3. The number of Officers/employees injured and if so, treatment information; 4. The number of Subjects injured and if so, treatment information; 5. The demographic information of the Subjects; 6. The recommended classification of the Use of Force; 7. The number found to be within or outside of policy guidelines; 8. Any other information that will help the department identify trends, training needs, equipment needs or needs for policy revisions. (c) Upon approval of the report, the Administrative Services Division Commander will direct posting of the report on the department website.

DEADLY FORCE INCIDENTS

503.1 PURPOSE The Pearland Police Department recognizes the multiple impacts that a Deadly Force incident has on the involved member and their family, the department and its members, the citizens of Pearland, the subject and the subject’s family and the public. Each deadly force incident may involve multiple criminal investigations: first, an offense in which the employee is a victim; and, second, an offense in which the employee is the subject of an investigation. It is the purpose of this procedure to standardize deadly force investigations to insure they are completed and the rights of the officer, and other persons involved are respected. The objective of each investigation is court review to determine the legal justification of an employee’s use of deadly force. While the completed investigation under this procedure is open to review by Professional Standards and the Administrative Services Division, it is unrelated and independent of any investigation conducted under 301 Discipline policy.

503.2 DEFINITIONS A. Agencies with Concurrent Jurisdiction – Agencies employing Law Enforcement Officers licensed by the State, or Federal Government that have jurisdiction within the City of Pearland. (E.g. Brazoria County Sheriff’s Department) B. Agencies without Concurrent Jurisdiction – Agencies, whose licensed law enforcement officers use deadly force within the City of Pearland, yet the agency does not have jurisdiction to investigate incidents in the location of the deadly force incident. This includes agencies that may have jurisdiction in portions of the City of Pearland but are acting outside of those areas. (E.g. Harris County officers operating in Brazoria County) C. Deadly Force Incident – Incidents involving an employee’s use of force where the force that was intended or known by the employee to cause, or in the manner of its use or intended use is capable of causing, death, or serious bodily injury. (Texas Penal Code 9.01) (See 502 De-escalation and Use of Force). D. Involved Officers – Officers or Jailers using force resulting in an investigation under this policy. E. Witness Officers – Officers or other department members on scene observing a use of force. These employees may have had some participation in the incident, but are not the subject of the investigation

503.3 PROCEDURES

503.3.1 INITIAL POLICE RESPONSE 1. The involved and/or witness officer(s) should remain calm and observant, insuring all threats to their safety, and public safety, are over. Communication of scene safety or continuing threats to officers and the public are critical.

DEADLY FORCE INCIDENTS

2. All officers present at, or responding to, a deadly force incident scene will take reasonable measures to secure the scene to prevent any further injury or loss of life. The safety of citizens, the employees on the scene, and those arriving is a primary concern. 3. All officers present at, or responding to, a deadly force incident scene shall take all reasonable measures to administer aid to injured persons until medical support arrives. Medical attention should be rendered as soon as safely possible. 4. As soon as the scene is secure a perimeter should be established for the protection of evidence. 5. The involved and/or witness officer(s) should secure any part of the crime scene that may be destroyed or damaged in the first few seconds. Do not move anything unless it is necessary for the immediate protection of life. 6. The first supervisor on scene, not defined as an “Involved Officer” should assume command and follow an Incident Command Structure. 7. The first supervisor on scene will, to the extent possible, obtain a public safety briefing from the involved officers at the incident scene. The public safety briefing is intended to establish the level of danger that may still exist, aid the initial operational response to locate suspects, and focus the initial stage of the investigation. If the involved employee is still on the scene and is physically and emotionally capable of providing it, the first supervisor on scene shall collect this information as soon as possible. If the officer has been removed from the scene due to injury or related reasons, other involved employees or witnesses who were present may be able to provide some or all of the pertinent public safety information. Questions to elicit this information should be straightforward and limited to details of the incident, including: (a) The type of force used by the officer and threat presented by other involved parties; (b) Direction and approximate number of shots fired by officers and suspects; (c) The location of unsecured weapons; (d) Location of injured persons; (e) Description of at-large suspects, their direction of travel, time elapsed, vehicle used, and any weapons the suspect(s) is believed to have; (f) Description and location of any known victims or witnesses; (g) Description and location of any known evidence; and (h) Any other information necessary to insure officer and public safety and to assist the apprehension of at-large suspects. 8. The questions asked during the public safety briefing are necessary for the preservation of life, or to prevent further injury or loss of life. If the involved officer does not provide the information voluntarily, the first responding supervisor shall order the involved officer to respond to the public safety questions.

DEADLY FORCE INCIDENTS

9. The supervisor shall direct the law enforcement response to address public safety concerns identified during the public safety briefings with involved and/or witness officers. 10. Following this briefing, the supervisor should assign a liaison officer and allow the officer to move to a location away from the immediate scene. (a) The involved officer(s) should be allowed to contact their spouse or significant other, their legal representative, and their association representative. The officer should have privileged access to a chaplain if desired. If the involved officer is unable to make contacts due to a medical condition or death, Pastoral Assistance (1203 Chaplain's Program) and 211 Line of Duty Death apply. (b) The officer should be discouraged from contacting other persons with whom communication may not be privileged. (c) Supervisory officers should not have investigative contact with involved officers after this point, unless it is determined that additional information is required for public safety purposes, per subsection 503.3.1-7. (d) The liaison officer shall not make any request for a statement from the involved officer. The involved officer should be aware communication with the liaison officer is not privileged. (e) No other personnel should interfere with the involved officer without approval of the lead investigator or the CID Commander or their designee. (f) The involved officer may make a personal request for a specific liaison officer to be assigned. (g) If the involved officer is transported to a medical facility, the liaison officer shall accompany the involved officer. 11. The first responding supervisor will make a determination as to whether the established perimeter is sufficient and whether other scenes need to be secured. The stabilization and control of the scene is the responsibility of this supervisor until they are relieved. An outer perimeter will be established. (a) The inner perimeter will serve as the immediate crime scene. (b) The outer perimeter will contain police operations. (c) Non-essential personnel shall not enter the inner perimeter. (d) An officer shall be assigned to log the entrance and exit of all personnel entering the inner perimeter. 12. The first responding supervisor on scene will determine the jurisdiction of the incident. (a) The Pearland Police Department will investigate all officer involved shootings and deadly force incidents involving: 1. Members of this department or other law enforcement officers employed by the City of Pearland that occur within our primary jurisdiction. 2. Members of other law enforcement agencies that do not have concurrent jurisdiction that occur within our primary jurisdiction.

DEADLY FORCE INCIDENTS

3. Members of other law enforcement agencies that have concurrent jurisdiction that occur within our primary jurisdiction unless otherwise directed by the Chief of Police. (b) Officer Involved Shootings involving Pearland Police Department personnel occurring outside of the City of Pearland will be investigated by an agency of jurisdiction according to their policies. Professional Standards may request observation of their investigation. 13. The first responding supervisor on scene is responsible for the notification of the Chain of Command in accordance with 601 Major Incident Response.

503.3.2 SCENE STABILIZATION 1. The ranking police supervisor will remain in command of the scene until the arrival of a Command level supervisor. 2. The first command level supervisor will be identified as the Incident Commander (IC) until properly relieved. The Incident Commander will assign a patrol supervisor as Patrol Section Chief. 3. Depending upon the scope of the scene, the Incident Commander may assign a supervisor to serve as the Law Branch Chief to act as liaison between the various section chiefs and the Incident Commander. 4. The Patrol Section Chief will be responsible for: (a) Security of the inner and outer perimeters, assigning a Perimeter Group Supervisor if needed; (b) Providing uniformed officers to the Investigative Section when needed; and, (c) The assignment of an officer to complete the initial offense report. Verifying the completion of supplements for all officers on scene, other than the involved officer(s). 5. The first Criminal Investigations supervisor will be assigned as Investigative Section Chief, until relieved by the C.I.D. Commander. The Criminal Investigations Section Chief is responsible for: (a) Assigning a non-supervisory detective as lead investigator for the incident. (b) Assigning Crime Scene personnel to process the scene(s) and collect evidence. (c) Assigning additional investigative personnel to other scenes, such as the hospital, as they are identified. 6. The first Administrative Services supervisor will be assigned as Support Section Chief. This Section is responsible for: (a) Assigning a Professional Standards detective to follow the criminal investigation; however, this investigator will not respond to the scene. (b) Assigning a Public Information Officer to report to the Incident Commander as a direct report.

DEADLY FORCE INCIDENTS

(c) Assigning a supervisor to contact Human Resources and transport involved officers for post-incident testing as appropriate. (d) Notification of Human Resources regarding the medical needs of any personnel. Completion of First Report of Injury forms. 7. A Fire Department supervisor may be assigned as the Medical Branch Chief. (a) The Medical Branch Chief will coordinate medical attention and transport of all injured persons on scene. (b) The Medical Branch Chief will provide investigators with needed updates on the location, and status if available, of all persons attended to and transported. 8. Outside agency personnel responding to the scene should be referred to the Incident Commander to determine any assignments. 9. Command Briefing -The Investigations Section Chief will schedule a briefing for Command Staff as soon as practicable following the clearance of the scene. The briefing will accomplish the following: (a) Provide a status update; (b) Set priorities, objectives, strategies and tasks to be accomplished; (c) Establish the operating period; and, (d) Plan for continuation of operations beyond the initial operational period (if needed). 10. Press briefing (a) The P.I.O. will confer with the Investigations Section Chief to prepare a press briefing for the release of information to the media. (b) The P.I.O. should be cognizant that the officer’s training records, qualification records, and discipline history are part of the criminal investigation.

503.3.3 INVESTIGATION - CASE ASSIGNMENT AND FOLLOW-UP 1. The Investigations Section Chief shall: (a) Prepare regular briefings for Incident Commander and Section Chiefs when appropriate. (b) Prepare a separate media briefing for the PIO. 2. Case Assignment (a) The Investigations Section Chief will assign a lead investigator. Supervisory officers shall not, absent exigent circumstances, request investigative information from involved officers. (b) The lead investigator shall insure the District Attorney’s office has been contacted prior to taking actions in the investigation. This is to insure the DAs office with jurisdiction has the opportunity to mirror the investigation.

DEADLY FORCE INCIDENTS

(c) The lead investigator should be briefed by the first responding supervisor as to the information obtained from briefing the involved officer(s). The investigator should obtain an initial description of events leading up to the shooting by conducting a preliminary fact-finding pre-interview of any witnesses. (d) The lead investigator should request a walk-through of the scene with the involved officer(s), the involved officer’s attorney, Crime Scene Investigator, and D.A. Investigator (if present). 1. The involved officer is not required to make a statement to the investigator; however, the officer is provided an opportunity to interject with information believed critical to the investigation. 2. While the purpose of this walk-through is to determine the proper scope of the investigation and to verify all evidence is collected, the lead investigator may have to proceed with the investigation based on the briefing provided by involved officer to the first arriving supervisor. i. Involved officers may be unavailable for a walk-through. ii. Involved officers may refuse a walk-through on the advice of counsel. (e) The lead investigator should confer with the appropriate District Attorney’s Office to determine the need for search warrants prior to the collection of evidence. (f) The lead investigator, through the Investigative Section Chief, may request the assignment of personnel to gather witness statements, collect evidence, attend to victims or witnesses at other locations, to conduct a canvass, or other investigative assignments. (g) The lead investigator will contact the Justice of the Peace or the Medical Examiner of the respective county in the event a death is being investigated. (h) The lead investigator will attend any autopsy with the lead Crime Scene Investigator. 3. Victim Statements (a) All victims and witnesses should be identified as soon as practicable. (b) Investigators will respond to the hospital for victim or witness statements if applicable. Statements from EMS personnel, doctors, and nurses can be taken regarding any statements made by persons treated. (c) Witnesses shall be available to investigators until dismissed. (d) Statements shall be obtained from all possible witnesses, regardless of whether or not they indicate they saw or heard anything. (Negative evidence) 4. The Involved Officer Statement (a) The involved officer shall not be required to write the offense report. (b) The involved officer will be asked for a formal statement following the incident.

DEADLY FORCE INCIDENTS

1. The officer retains all Constitutional rights under the 4th, 5th, 6th, and 14th amendments. 2. The involved officer will be allowed to have legal representation during any stage of the investigation.. (c) This statement may be written and/or audio recorded. (d) Case investigators will not have input into the involved officer’s duty status. (e) Supervisory personnel will not request a statement from an involved officer in the criminal investigation. Investigators should follow the subject employee interview format. (Subject Employee Interview form) 5. Witness Officers’ Statements (a) Witness employees do not have a right to an attorney and must cooperate with the investigation. (b) If a witness employee has taken any action that will change the employee’s status in the case to that of an involved officer, the employee may state so. 6. Crime Scene Investigators (a) The first Crime Scene Investigator on-scene will determine the need to request additional crime scene assistance. (b) Photographs and video should be taken of the crime scene as well as of all outside observers. This will help identify and/or eliminate witnesses. (c) Crime Scene Investigators shall recover projectiles, knives, clothing, etc. from wounded individuals, and locate and secure all video evidence. (d) The Crime Scene Investigator will take custody of any evidence and submit it for processing or retention accordingly (e) Involved officers will only have their weapon impounded by the crime scene investigator. 1. The officer may request a replacement weapon from the Senior Firearms Instructor. 2. The officer will be required to qualify with the replacement weapon if the officer’s weapon is not returned in a timely fashion as per 501 Firearms policy. 3. The Senior Firearms Instructor will provide the opportunity at the earliest convenience to the involved officer. (f) All employees at the scene at the time of the incident will have their weapons checked by a crime scene investigator, to verify that their weapon was not used in the deadly force incident. (g) The Crime Scene Investigator will determine which officers will be tested for gunshot residue, if necessary. This should be done in a discreet location.

DEADLY FORCE INCIDENTS

(h) Any function testing, or other evidentiary tests, should be completed on an involved officer’s weapon at the earliest opportunity. The weapon should be returned to the officer, with the approval of the CID Commander, as soon as testing is complete. (i) The Crime Scene Investigator will advise the Investigation Section Chief when it is appropriate to release the scene. 7. Witnesses (a) Remove all witnesses to a secure location or a secure area for statements. Witnesses should be separated from one another to the extent possible. (b) Canvass the area for additional witnesses. (c) Detailed statements should, either orally or in writing, be taken from all witnesses. 1. Negative Evidence (i.e. I don’t know anything) 2. Lock in statements from witnesses believed to be untruthful.

503.3.4 INTERNAL INVESTIGATION 1. An internal investigation will be conducted in accordance with 301 Discipline policy. 2. Professional Standards Detectives will not be present at the scene of a deadly force incident. 3. Professional Standards should only monitor the investigation and shall not interject questions into the criminal investigation. 4. Professional Standards should monitor the investigation to insure the veracity and impartiality of the investigation. 5. The Professional Standards investigator shall not work on the criminal case. 6. Professional Standards investigators from outside agencies will be permitted to observe the investigations involving their personnel.

503.3.5 CONTINGENCY PLANNING 1. While police use of deadly force is a relatively infrequent occurrence, its impact in some situations resonates throughout the community. The department should plan for circumstances involving: (a) Notification of next of kin, Pastoral Assistance (1203 Chaplain's Program), 211 Line of Duty Death, (b) Activist groups, (c) Attorneys hired by the victim’s estate, (d) News Media

DEADLY FORCE INCIDENTS

1. All information to be released, to news media or through social media, will be reviewed by the CID Commander and the lead investigator. Information will not be released without the approval of the Chief of Police or designee. 2. Identity of the officer and/or victims will not be released until next of kin is notified. 3. Civil Service records are public and will be requested by the media. The P.I.O. should be prepared for questions related to this information. 4. Information will be released under the following guidelines: i. The PIO will provide preliminary information to the public about the incident (i.e., known, unknown, and what the department is doing about it); and if applicable, explain why additional information cannot be released. ii. Emphasize this is preliminary information in every statement. iii. If applicable, avoid making any prejudgments about officers’ conduct unless a statement is clearly needed (e.g., if a publicly available video depicts overt police misconduct or criminal behavior by an officer). iv. Explain it may also take longer for some information to be released if there is an ongoing police investigation. 2. Critical Incident Stress Management - The Support Section Chief may schedule CISM debriefs for affected personnel and their families.

503.3.6 INVESTIGATION FILE 1. The following items should be placed in the file: (a) Original Offense Report, (b) All supplements, (c) Reports from other agencies, (d) All diagrams and/or pictures, (e) Any other reports deemed relative to the incident, (f) All statements, 1. Audio and video transcriptions, 2. Handwritten statements, (g) Medical Examiner’s Protocol or Coroner’s Report, (h) Any hospital records, (i) Reports by Fire and EMT personnel, (j) Lab reports, (k) Criminal History records on involved persons,

DEADLY FORCE INCIDENTS

(l) Relevant newspaper articles, (m) All property receipts, (n) Cell phone pictures/video, (o) Un-edited news video/digital recordings as available, (p) Related T.V. broadcasts, (q) Relevant Social Media Comments (r) Security camera footage, (s) Command Post log, (t) Involved officer record 1. Training (legal and firearms), 2. Promotional status, 3. Length of service, 4. Internal review profile, 5. Complaints, 6. Commendations, 7. Use of Force Incidents, 8. Lawsuits. 2. Upon completion of the file, the appropriate District Attorney or Grand Jury will review the case for legal sufficiency (justified/not justified). 3. If necessary, the CID Commander will complete: (a) A Custodial Death Report through the Chief of Police’s office and forward the report to the Texas Attorney General’s Office as required by CCP Art. 49.18(b). (b) An Officer Involved Injury or Death Report through the Chief of Police’s office and forward the report to the Texas Attorney General’s Office as required by CCP Art. 2.139.

503.3.7 ADMINISTRATIVE LEAVE OF INVOLVED OFFICER 1. An officer/jailer involved in a deadly force incident, will be placed on administrative leave. This is done for the integrity of the investigation and the welfare of the involved employee(s). Employees will remain on leave until at least a preliminary administrative review is conducted. (RP 6.08) 2. An officer/jailer who was involved in a deadly force incident and who was placed on administrative leave shall receive a psychological evaluation unless otherwise determined by the Chief of Police.

503.3.8 POLICY IMPACTS 1. 601 Major Incident Response

DEADLY FORCE INCIDENTS

2. 300 Conduct 3. 301 Discipline 4. 502 De-escalation and Use of Force 5. 501 Firearms 6. 1203 Chaplain's Program 7. 500 intermediate Weapons 8. 1102 Video Cameras 9. 1200 Media Policy 10. 211 Line of Duty Death

PURSUITS

504.1 PURPOSE The Pearland Police Department places a high value upon the life and safety of each of its officers and the public at large. These values must be reconciled with a police officer’s duty to apprehend persons who have committed or are committing a violation of the law. The methods the department establishes to enforce the laws are intended to minimize the risk of injury to officers and citizens alike. Officers are reminded that the Texas Motor Vehicle law states, “The driver of an authorized emergency vehicle will drive with due regard for the safety of all persons and is responsible for the consequences of reckless disregard for the safety of others

504.2 DEFINITIONS A. Motor Vehicle Pursuit - An event involving one or more officers attempting to apprehend a violator in a motor vehicle where the violator is trying to avoid capture by driving at a high speed or by evading in other evasive tactics, or the violator is maintaining a level speed but is willfully failing to yield to the officer’s signal to stop. B. Rolling Roadblocks- Positioning police units directly in front, behind, or to the sides of a fleeing vehicle in an attempt to stop the vehicle.

504.3 PROCEDURES

504.3.1 DETERMINING WHEN TO INITIATE A PURSUIT 1. Officers should evaluate the risk involved in initiating or continuing a pursuit. 2. When there is a clear and unreasonable hazard to the officers, fleeing motorist, and/ or other person, a pursuit should not be initiated nor continued. An unreasonable hazard exists when speed dangerously exceeds the flow of traffic or when vehicular or pedestrian traffic necessitates erratic maneuvering which exceeds the performance capabilities of the vehicle or the driver. 3. Among the factors an officer must consider before pursuing or continuing a pursuit of a suspect fleeing in a motor vehicle are: (a) The performance capabilities of the police vehicle. (b) The seriousness of the violation as known by the officer at the initiation of the pursuit. (c) The condition of the roadway surface(s), the weather and traffic. (d) Direction of traffic flow. (e) If the identity of the fleeing driver is known.

504.3.2 TERMINATING A PURSUIT 1. A pursuit will be discontinued when the factors or circumstances do not justify its continuation.

PURSUITS

2. A pursuit may be terminated by the officers in the primary unit or any supervisor monitoring the pursuit. 3. Officers should recognize that the decision to terminate a pursuit may be the most intelligent course of action. 4. Upon notification from any supervisory personnel that a pursuit is terminated, pursuing officers shall immediately disengage and as soon as practical slow to posted speed limits and deactivate their emergency lighting and siren.

504.3.3 POLICE VEHICLES ELIGIBLE TO ENGAGE IN PURSUITS 1. Only vehicles equipped with operable emergency lights and siren will participate in the pursuit of a fleeing vehicle. 2. Vehicles that are transporting prisoners, witnesses, suspects or complainants will not engage in pursuits. 3. A pursuit initiated by a two-wheeled motorcycle unit will be turned over to the first arriving four-wheeled unit. The motorcycle unit will drop out of the pursuit upon arrival of the second four-wheeled unit. 4. A pursuit initiated by a unit transporting non-police personnel on an approved ride along will be turned over to the first arriving marked unit without such passengers. The unit transporting non-police personnel will drop out of the pursuit upon arrival of the second marked unit. 5. Officers in unmarked vehicles who have probable cause to believe an offense has taken place and police action is warranted may attempt to follow a fleeing vehicle until a police unit with operable emergency equipment enters the pursuit. Officers are reminded, however, that when pursuing a vehicle in a police unit without the proper emergency equipment, they must adhere to all traffic ordinances.

504.3.4 PURSUIT DRIVING GUIDELINES The following guidelines are presented to assist officers in conducting a pursuit in a safe manner: 1. The police vehicle’s emergency lights, siren and radio, brakes, steering and other mechanical equipment must be in good operating condition in order to initiate or continue a pursuit. 2. All police vehicles involved in a pursuit will use emergency lights and sirens throughout the pursuit. 3. Officers engaged in a pursuit may disregard regulations governing direction of movement or turning a specified direction when they can do so in safety, but AT NO TIME will officers pursue the wrong way down a divided roadway

504.3.5 NUMBER OF UNITS PARTICIPATING The initial pursuing vehicle will be designated by the dispatcher as the primary unit. Up to four total police vehicles may engage in a pursuit, unless one of the following conditions exists:

PURSUITS

1. The officer of the primary unit requests that additional units join the pursuit because he believes the officers in the pursuit will not be sufficient to safely arrest the suspect(s), and a supervisor approves the additional unit(s) on the radio. 2. Any supervisor monitoring the pursuit has authorized additional police vehicles to join the pursuit or assist at the conclusion of the chase.

504.3.6 DISPATCH NOTIFICATION 1. The unit initiating a pursuit will notify Dispatch that a pursuit situation exists. 2. All units not directly involved in the pursuit shall refrain from non-emergency transmissions. 3. The primary unit’s transmitting officer should be the passenger, unless the primary unit is a one-officer unit. The transmitting officer shall keep his voice as normal and coherent as possible to avoid distorting transmissions.The information transmitted shall include, but is not limited to the following: (a) Unit Number, (b) Nature of the emergency, (c) Location the pursuit began, (d) Direction of travel, (e) Reason for pursuit, (f) Physical description of the fleeing vehicle, and (g) Fleeing vehicle’s estimated speed

504.3.7 DISPATCH RESPONSIBILITY 1. Shift supervisors will monitor all radio communications to insure that only those units authorized and designated by the dispatcher participate in pursuits. 2. The shift supervisor shall go to the scene of a concluded pursuit any time a suspect is apprehended, or injuries, death or property damage occurs as a result or in the course of the pursuit. 3. The shift supervisor will complete the department’s Pursuit Form entry in OSSI for every pursuit that occurs and will email notification of the entry to the Division Commander.

504.3.8 USE OF TIRE DEFLATING DEVICES 1. Only department-approved and issued tire deflation devices will be deployed by personnel trained in their use. 2. Tire deflation devices will only be deployed in accordance with departmental training. Officers will only deploy tire deflation devices when a viable physical barrier (not a vehicle) is present between the officer and the fleeing vehicle. 3. An officer deploying a tire deflation device will advise over the radio the location of the deployment, before deployment.

PURSUITS

4. No officer may deploy tire deflation devices unless they have been trained in their use. Officers will be trained annually on the use of tire deflation devices. 5. Tire deflation devices will not be deployed to stop a fleeing motorcycle, or any vehicle manufactured with less than three (3) wheels.

504.3.9 ROLLING ROADBLOCKS 1. The department will provide training to officers on rolling roadblocks annually. 2. Only vehicles fleeing at 30 mph or less may be subject to a rolling roadblock. 3. A supervisory officer must approve the use of a rolling roadblock.

504.3.10 RESTRICTION RP 7.18 1. The following methods of stopping a fleeing vehicle shall not be attempted: (a) Throwing or otherwise directing a projectile at, or in the path of, a fleeing motor vehicle. (b) Discharging a firearm at a fleeing vehicle. (c) Driving along the side of or in front of fleeing vehicles to force the vehicle from the roadway. (d) Placing a barricade, any object (excluding those otherwise authorized), or any part of a stationary motor vehicle in the path of a fleeing vehicle. (e) Bumping or ramming the vehicle to force the vehicle from the roadway. 2. Rolling roadblocks will only be used when authorized by a supervisor.

FLEET CRASHES

505.1 PURPOSE The Department recognizes traffic crashes and vehicle damage are inevitable due to the round- the-clock operation of police vehicles. The guidelines contained in this policy standardize the investigative response to fleet crashes and provide guidance for the repair or replacement of damaged equipment.

505.2 DEFINITIONS None

505.3 PROCEDURES

505.3.1 DETERMINATION OF FLEET CRASH 1. If the answer to each of the questions below is “yes” then the incident is a fleet crash: (a) Was at least one vehicle involved in the incident either a vehicle owned, leased, or rented by the City of Pearland and assigned to the Police Department OR operated by an on-duty employee of the Police Department at the time of the incident? (b) Did the incident include one or more occurrences of injury or damage? (c) Was there at least one occurrence of injury or damage, which was not a direct result of a cataclysm? (d) Did the incident involve one or more motor vehicles? (e) Of the motor vehicles involved, was at least one in transport? (f) Was the damage present to more than a tire or wheel? 2. If the answers to the above questions (a-e) were “yes” and the only damage was to wheels and/or tires, then the supervisor should handle as a damage to City Property incident.

505.3.2 INITIAL ACTIONS 1. Immediately following a fleet crash, the member involved shall notify the police dispatcher. The dispatcher shall assign additional assets as required. Except as noted below, the member shall stop the vehicle and safely remove it from the roadway if possible. If the involved vehicle is the primary or secondary unit in a police pursuit, the driver may continue the pursuit depending on the totality of the circumstances. Information to consider when making this decision may include, but not be limited to: (a) possibility of injury to any party resulting from the crash; (b) damage to the patrol vehicle; (c) damage to another vehicle;

FLEET CRASHES

(d) level of offense for which the offender is being pursued; and (e) availability and location of undamaged police units to assume control of the pursuit. 2. In the event a crash occurs outside the City Limits of Pearland, it shall be the responsibility of the involved officer/employee to insure the law enforcement agency of jurisdiction is contacted to investigate the crash. Employees involved in crashes will notify the on-duty supervisor and their immediate supervisor as soon as practical.

505.3.3 CRASH INVESTIGATION PROCESS 1. All police fleet crashes shall be investigated. Supervisors may assign officers specifically trained in crash investigations based on the circumstances of the crash. Fleet crash investigations shall be conducted fairly and impartially. 2. At a minimum, the following are included in a proper investigation of a fleet crash: (a) Photographing the crash scene and involved vehicles. (b) Gathering video from the crash. (c) Conducting interviews with witnesses at the scene and collecting statements as necessary. (d) Completion of the appropriate State Crash reports when required by the CR100. 3. The duty supervisor, when notified of a fleet crash shall, as soon as practical: (a) Send the employee for post-incident drug testing as specified in the City of Pearland Employee Handbook. Initiate an investigation as per 301 Discipline. (b) Complete and sign a memorandum directed to the Chief of Police initiating the internal investigation as required under TGC 614.022. (c) Complete and distribute: 1. City of Pearland Report of Damage or Loss (COP RM-2) City Report of Damage or Loss form 2. City of Pearland First Report of Injury (COP RM-1) (if applicable) First Report of Injury or Illness form ; and 3. A Significant Incident Report. 4. Additional Considerations for Crashes Occurring Outside the City Limits (a) If a crash involving a police vehicle occurs while the vehicle is being driven outside the city limits the crash will be investigated by the jurisdictional agency. (b) If the crash occurs within a reasonable distance of the Pearland City Limits, supervisory personnel are to be dispatched to the scene. (c) Photographs of the crash scene and vehicles should be obtained if possible.

FLEET CRASHES

505.3.4 DISPOSITION OF DAMAGED VEHICLES 1. In the event of a fleet crash occurring during regular business hours the Fleet Superintendent should be asked where the vehicle should be taken. 2. Police vehicle crashes occurring after the above-mentioned hours should be handled as follows: (a) Supervisors should assess the damage to the vehicle and determine if the vehicle can be safely driven and remain online. (b) If the supervisor determines the vehicle is unfit for continued service, but drivable it should be driven to the Service Center for damage assessment and repair. (c) If the vehicle is not drivable, a request for a wrecker should be made. The vehicle should be towed to the Service Center for storage. (d) Disposition of vehicles involved in crashes occurring outside the city limits should be handled in the same manner outlined above as long as the wrecker request doesn’t conflict with the agency of jurisdiction. In the event of a conflict abide by the procedures of the jurisdiction and request the police vehicle be towed to the Service Center. 3. All vehicles delivered to the Service Center shall be accompanied by a work order requesting damage assessment and repair, if applicable.

505.3.5 ADMINISTRATIVE RESPONSIBILITY 1. It is the responsibility of the supervisor at the scene of a fleet crash to make note of the scene as observed and factors, which may have contributed to the crash. This information should be included in the significant incident report. 2. It is the responsibility of the Shift Supervisor to secure the employee’s equipment in case of injury.

Chapter 6 - Field Operations and Custody

BIAS BASED PROFILING

600.1 PURPOSE The Pearland Police Department recognizes no person should be targeted by law enforcement because of their race, ethnicity, national origin, gender, sexual orientation, religion, economic status, age, cultural group, or inclusion in any other identifiable group (RP 2.01). The non- consensual interruption of a person’s freedom based on biased enforcement is viewed as a very significant challenge to that person’s Constitutional rights. Officers of this department will insure the stopping, detaining, frisking, and/or searching of individuals is based upon solid legal principles that conform to their training in arrest, search, and seizure. Police action must be based upon credible information known to the officer, which leads to the belief an individual is, has been, or is about to engage in activity, which is a violation of the law. Any other motivation for such actions is strictly prohibited. The Pearland Police Department profoundly rejects the practice of any racial or bias based profiling.

600.2 DEFINITIONS A. Bias Based Profiling – Means a law enforcement-initiated action based on an individual’s race, ethnicity, national origin, gender, sexual orientation, religion, economic status, age, cultural group, or inclusion in any other identifiable group. B. Racial Profiling - Means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity (CCP 3.05). C. Race or Ethnicity- Alaska Native or American Indian, Asian or Pacific Islander, black, white, and Hispanic or Latino. D. Motor Vehicle Stop – Means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance.

600.3 PROCEDURES

600.3.1 ACTS CONSTITUTING RACIAL PROFILING 1. Any detention of an individual made solely upon the basis of an individual’s race, ethnicity, or national origin, rather than upon the individual’s behavior, information identifying the individual as having possibly engaged in criminal activity, or other lawful reasons for the law enforcement action. 2. Any subsequent search or arrest of an individual incident to a detention made solely upon the basis of an individual’s race, ethnicity, or national origin, rather than upon the individual’s behavior, information identifying the individual as having possibly engaged in criminal activity, or other lawful reasons for the law enforcement action. 3. Any search or arrest of an individual made solely upon the basis of an individual’s race, ethnicity, or national origin, rather than upon the individual’s behavior, information

BIAS BASED PROFILING

identifying the individual as having possibly engaged in criminal activity, or other lawful reasons for the law enforcement action. 4. It is a violation of this policy and strictly prohibited for peace officers employed by the Pearland Police Department to engage in racial or bias based profiling (RP 2.01).

600.3.2 DATA COLLECTION 1. The Department will collect information related to ALL motor vehicle stops, including information relating to: (a) The location of the stop, (b) The reason for the stop, (c) The gender of the individual detained, (d) The race or ethnicity of the individual detained as stated by the person (or identification), or to the best of the officer’s ability, (e) Whether a search was conducted and, if so, whether the individual detained consented to the search, (f) Whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence, (g) The reason for the search including whether it was from consent, contraband in plain view, an inventory, incident to arrest or other form of probable cause, (h) Whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual, (i) Whether physical force was used by the officer resulting in bodily injury during the stop (as bodily injury is defined in Penal Code section 1.07). (j) Whether the officer issued a verbal warning, written warning, citation, written warning and arrest, citation and arrest, or just an arrest, (k) If an arrest was made if it was based on a violation of the penal code, traffic law, city ordinance, or outstanding warrant.and, (l) Whether or not the individual stopped resides in the City of Pearland. 2. For purposes of this section a peace officer is considered to have known the race or ethnicity of the individual detained if the peace officer had such information prior to activating emergency equipment or contacting the individual, whichever occurred first. 3. A search is considered to have occurred if any person, vehicle or property is searched as a result of the traffic stop. 4. A search is consented only if consent is obtained in the absence of any other probable cause which exists to search prior to consent. 5. The Chief of Police is responsible for insuring the race or ethnicity of persons stopped while operating motor vehicles is being reported and may audit reports required under CCP Art. 2.133 to achieve that end.

BIAS BASED PROFILING

600.3.3 VIDEO AND AUDIO EQUIPMENT 1. Each motor vehicle regularly used to make traffic stops will be equipped with a video camera and transmitter-activated audio equipment. 2. Each traffic and pedestrian stop capable of being recorded will be recorded in accordance with 1102 Video Cameras. 3. Video/Audio media will be handled, labeled and stored as outlined in 1102 Video Cameras.

600.3.4 RESPONSIBILITIES 1. The Patrol Division Commander or his designee will maintain and report the data collected for the purposes of this directive and submit it to the Chief of Police. 2. The Training Coordinator will provide periodic racial profiling training, to include legal aspects, to personnel as determined appropriate by the Texas Commission on Law Enforcement. Training can be roll-call training, a formal training bulletin, watching a video, receiving a copy of this policy while discussing it with a trainer/supervisor, or being tested over this policy. (RP 2.01). Supervisors will conduct consistent, ongoing oversight to insure officers do not go beyond the parameters of reasonableness in conducting traffic and pedestrian stops. 3. Supervisors will insure officers use video/audio-equipped vehicles unless circumstances deem otherwise and will randomly review the video/audio recordings in compliance with 1102 Video Cameras (RP 2.01). 4. The Professional Standards Unit shall insure a copy of the video or audio recording shall be provided to the officer promptly during an investigation into a violation of this policy, assuming such recording exists.

600.3.5 REPORTING INFORMATION 1. The Chief of Police will submit a comparative analysis of traffic stop data collected in an annual report. The data shall be compiled in an annual report covering the period January 1 through December 31 of each year and shall be submitted to the Texas Commission on Law Enforcement and the governing body of the City of Pearland no later than March 1st of the following year. 2. The report shall evaluate and compare the number of motor vehicle stops of persons who are recognized as racial or ethnic minorities and of persons who are not recognized as racial or ethnic minorities; examine the disposition of stops categorized by the race or ethnicity of the persons affected; compare the number of searches and whether contraband was discovered in the course of those searches; and include information regarding each complaint filed alleging racial profiling. 3. The annual report shall not include identifying information about any peace officer who makes a motor vehicle stop or about any individual who is stopped or arrested by a peace officer. 4. Compliance with the reporting requirement is satisfied if the annual report contains the following:

BIAS BASED PROFILING

(a) Total Stops (b) Gender CCP 2.133(b)(1)(a) 1. Female 2. Male (c) Race or Ethnicity CCP 2.132(a)(3), 2.132(b)(6)(A), 2.133(b)(1)(B) 1. Black 2. Asian/Pacific Islander 3. White 4. Hispanic/Latino 5. Alaska Native/American Indian (d) Race/Ethnicity Known Prior to Stop? CCP 2.132(b)(6)(C) 1. Yes 2. No (e) Reason for Stop CCP 2.132(b)(6), 2.133(b)(2) 1. Violation of law/ordinance 2. Preexisting knowledge 3. Moving traffic violation 4. Vehicle traffic violation (f) Approximate location of stop CCP 2.132(b)(6), 2.133(b)(7) 1. City Street 2. US street 3. County road 4. State Highway 5. Private Property or other (g) Was a search conducted? CCP 2.132(b)(6)(B), 2.133(b)(3) 1. Yes 2. No (h) Reason for Search 1. Consent CCP 2.132(b)(6)(B), 2.133(b)(3) 2. Contraband in Plain View CCP 2.133(b)(5)(A) 3. Probable Cause CCP 2.133(b)(5)(C) 4. Inventory CCP 2.133(b)(5)(C)

BIAS BASED PROFILING

5. Incident to Arrest CCP 2.133(b)(5)(C) (i) Was Contraband Discovered? CCP 2.133(b)(4) 1. Yes 2. No (j) Description of Contraband CCP 2.133(b)(4) 1. Drugs 2. Currency 3. Weapons 4. Alcohol 5. Stolen Property 6. Other (k) Result of stop 1. Verbal warning CCP 2.133(b)(8) 2. Written warning CCP 2.133(b)(8) 3. Citation CCP 2.133(b)(8) 4. Written Warning and arrest 5. Citation and arrest 6. Arrest CCP 2.133(b)(6) 7. Arrest based on CCP 2.133(b)(6) 8. Violation of penal law 9. Violation of traffic law 10. Outstanding warrant (l) Was physical force resulting in bodily injury used during the stop? 1. Yes 2. No

600.3.6 COMPLIMENT AND COMPLAINT 1. Compliments of employees shall be forwarded to the employee’s direct supervisor. A copy of a written compliment of an employee shall be forwarded to the Chief of Police. Written compliments will receive a cover letter from the Chief of Police and copies will be distributed to the employee, the award’s committee, the officer’s personnel file, and Civil Service file (if applicable).

BIAS BASED PROFILING

2. Any member of the department, upon receiving an allegation of racial profiling, shall immediately refer the complainant to the Professional Standards Unit or an on-duty supervisor. 3. The person receiving the allegation shall follow the procedure outlined within the Professional Standards policy. 4. Any person who believes an employee of the police department has engaged in racial profiling with respect to that person may file a complaint with the Pearland Police Department. 5. No person shall be discouraged, intimidated, or coerced from filing such a complaint, or discriminated against because they have filed such a complaint. 6. All complaints shall be investigated as Class II investigations as per the Professional Standards policy. 7. Any sustained complaint of Racial Profiling will result in appropriate disciplinary action in accordance with the Professional Standards policy.

600.3.7 PUBLIC EDUCATION 1. The Pearland Police Department will inform the public of its policy against racial and biased based profiling and the compliment/complaint process. Methods that may be utilized to inform the public are the City website, news media, radio, service or civic presentations, or governing board meetings. Additionally, information will be made available as appropriate in languages other than English. 2. The Administrative Services Division will provide education to the public concerning the compliment/complaint process. The education will specifically include the process by which a member of the public may file a complaint if the individual believes a member of the department has engaged in racial profiling with respect to the individual. 3. It shall be the responsibility of the Administrative Services Division to maintain printed Public Education Information regarding the Racial Profiling Complaint Process in the lobby of the Police Department.

MAJOR INCIDENT RESPONSE

601.1 PURPOSE The severity of some incidents and possible legal ramifications dictate that patrol supervisors respond to and direct the activities at the scenes of these incidents. Additionally, some incidents will require the presence of specially trained personnel or notification to Command Staff. The purpose of this policy is to identify incidents requiring notification of supervisors and incidents requiring the notification of the Chain of Command and personnel from supporting agencies.

601.2 DEFINITIONS A. Prominent Citizen – As examples: professional sports athletes, celebrities, religious leaders, volunteers of the police department, community activists, family members of city leaders/elected officials/Pearland Police Department employees, or any person likely to draw the attention of the media due to their status.

601.3 PROCEDURES

601.3.1 INCIDENT COMMAND STRUCTURE 1. The Pearland Police Department trains all personnel in their appropriate level of NIMS courses for understanding of their role in the management of an incident. (RP 8.11) 2. The NIMS Process of Incident Command should be utilized on: (a) Any scene anticipated to remain active for more than one patrol shift. (b) Any scene where a perimeter is established. (c) Any scene requiring significant resources from other agencies or jurisdictions. (d) Any other scene as determined by the on-scene supervisor. 3. Response to major incidents and events are addressed in the following policies: (a) 614 Special Threat Situations (b) 615 Bomb Threats (c) 616 Active Attack (d) 622 Crowd Management and Control (e) Other natural and man-made disasters are covered in the City’s Emergency Operations Plan. This EOP should be reviewed by Command and Supervisory staff at least once every two years. (RP 8.09)

601.3.2 PATROL SUPERVISOR NOTIFICATION AND RESPONSIBILITIES 1. For incidents occurring within the City or adjacent counties, patrol supervisors are required to respond to the scene of the following types of incidents. In order to facilitate such response, officers are required to notify an on-duty patrol supervisor of any of the incidents listed in (a-p) below:

MAJOR INCIDENT RESPONSE

(a) All officer involved shootings and the discharge of a firearm pursuant to 501 Firearms, (b) The death or any injury likely to result in the death of a person which is deemed to be a homicide, suicide, questionable, suspicious, or accidental (including vehicle crashes), a person in custody or a death involving a child under the age of eighteen (18); or those of employees of the City of Pearland, a law enforcement agency, an elected official or prominent citizen.; (c) All reported kidnappings (d) Missing children calls, or calls in which activation of the Texas Department of Public Safety qualified missing person advisory program, an Amber Alert or Silver Alert will be requested (aka Amber/Silver/Blue Alert); (e) Calls involving riots or crowd control situations; (f) Those incidents referred to in the 614 Special Threat Situations policy, (g) Injuries to police department employees or persons in custody; (h) All Use of Force incidents; (i) The escape of any prisoner; (j) All Robberies; (k) Any bomb threat, or threat to an educational or governmental facility; (l) Any call involving a “lockdown” or “shelter in place” of a school; (m) Any call involving an “actor on the ground” or at the conclusion of all Police Pursuits; (n) Fleet crashes, auto-pedestrian, auto-pedacyclist, auto-train, auto-building crashes, or any call where a helicopter is landing; (o) Scenes where the media is present; (p) Incidents in which an alleged suspect of an offense (other than a traffic offense punishable by fine only) is found to be a City of Pearland employee, an employee of any law enforcement agency, an elected official, or a prominent citizen; or, (q) Any other police scene or incident that the patrol supervisor feels a supervisory presence will be required due to the circumstances or individuals involved. 2. For incidents outside of the City and adjacent counties, patrol supervisors shall notify the appropriate division commander. The division commander will determine the need and assign an appropriate supervisor to respond to the incident. 3. Patrol supervisors will respond to the scene of major incidents for the purpose of: (a) To take command of the incident and insure department policy is followed and a competent investigation occurs, (b) Control of the scene and coordination of personnel,

MAJOR INCIDENT RESPONSE

(c) Securing additional personnel or equipment (ex. Investigators, Fire/EMS, other agency assistance, heavy equipment, etc.), (d) Contact with news media until relieved of those duties by department personnel as needed; and/or, (e) Notification of Chain of Command.

601.3.3 NOTIFICATION OF CHAIN OF COMMAND 1. The patrol supervisor will notify the Patrol Division Commander as soon as possible, of any of the above major incidents, or at any other time he feels it is necessary or appropriate. If the Patrol Division Commander is not available, the patrol supervisor will notify the on-call command staff personnel. Notification may be made by a means deemed appropriate by the circumstances (email, phone call, text message, etc.). The patrol supervisor may delegate the notification duty, depending on the circumstance, but will insure that all notifications are completed and that they are timely and accurate. In the event that notification cannot be made, due to that individual’s unavailability, the supervisor will notify the next person in the chain of command process directly 2. The Patrol Division Commander, on-call Command Staff personnel, or the designee is responsible for the notification of the Assistant Chief over the involved bureau and the Chief of Police of any of the above incidents or other significant events as he deems necessary. 3. Patrol supervisors will disseminate a ‘SITREP’ email to notify police administration and City of Pearland senior staff of all incidents listed in (601.3.2-1)(a-o) above or those incidents that may draw the attention of social media, the news media or the general public due to the presence of numerous police, fire, and/or public works personnel at an active scene. (a) A SITREP email should contain a synopsis of the incident and be addressed to the SITREP e-mail group in the city email server. (b) A SITREP e-mail should not contain people’s names or residential addresses. Listing business names or block numbers on roadways is preferred. Unless the supervisor is wanting help finding a wanted person, do not list age/sex/race. (c) Examples of SITREPs: 1. An officer was involved in a crash at 1400 N. Main, all northbound lanes are blocked. The officer is being transported to a hospital. 2. PD is looking for a person who fled on foot on Pearland Parkway and Oiler, PHS is on lockdown. 3. PD is at the scene of a death investigation of a child at Memorial Hermann SE hospital. 4. Police are at a large disturbance at a restaurant in the 1300 block of Broadway, many police units on scene. 5. Life Flight is enroute to Shadow Creek HS for an injured student.

MAJOR INCIDENT RESPONSE

6. PD enroute to a bank robbery at Advantage Bank, 2500 Broadway, the suspect is a white male, 40s, tall, wearing a black ball cap, white shirt, blue jeans and seen driving an older model 4 door Toyota Camry with damage to the right rear, call 911 if you see the suspect. (d) A “SITREP Update” email advising of the resolution of the incident will also be sent to the same addressees. 4. Patrol supervisors will then send an e-mail to the “Police Command Staff” or equivalent e-mail address/group for any incident listed in section (601.3.2-1)(a-o) above with greater detail than that provided in a SITREP. This e-mail should provide sufficient detail for the command officer to know what is going on with regard to the incident. This should be done in a timely manner, usually after a SITREP, but well before there is time to complete a Significant Incident Report. 5. Patrol supervisors will complete a Significant Incident Report for the above incidents (601.3.2-1)(a-m) or for any incident the supervisor deems necessary. Significant Incident Reports should be e-mailed to the “Police Department” e-mail group as well as the City Manager.

601.3.4 NOTIFICATION OF CRIMINAL INVESTIGATIVE DIVISION 1. The patrol supervisor or designee will notify the on-call detective and the detective will respond to all of the following types of incidents: (a) All officer involved shootings, (b) The death or any injury likely to result in the death of a person which is deemed to be a homicide, suicide, questionable, suspicious, or accidental (excluding vehicle crashes), a person in custody or a death involving a child under the age of eighteen (18), (c) All reported kidnappings, (d) Missing children and all calls where activation of the Texas Department of Public Safety qualified missing person advisory program will be requested, (e) Those incidents referred to in 614 Special Threat Situations, (f) Robberies of financial institutions, or (g) Robberies, burglaries, or sexual assaults, where there is evidence or leads that require immediate follow up investigation. 2. The patrol supervisor or designee will notify the on-call Crime Scene Investigator and the investigator will respond to all of the following types of incidents: (a) All officer-involved shootings, (b) The death or any injury likely to result in the death of a person which is deemed to be a homicide, suicide, a person in custody or a death involving a child under the age of eighteen (18), (c) Those incidents referred to in 614 Special Threat Situations, (d) Robberies of financial institutions, or

MAJOR INCIDENT RESPONSE

(e) Robberies, burglaries, or sexual assaults, where there is evidence that requires special processing or collection. 3. The patrol supervisor or designee will notify the on-call Narcotic Detective of the following types of incidents: (a) Any seizure of a controlled substance or dangerous drug that exceeds 1 ounce, (b) Any seizure of a non-prescribed stimulant, depressant, hallucinogen, or other controlled substance to exceed 100 dose units, (c) Any seizure of marijuana that exceeds 1 pound. (d) Any seizure of currency that exceeds $1,500.00, or (e) Any time a supervisor learns of narcotics information that requires immediate attention, 4. In addition to the above mandated responses for detectives and crime scene investigators, CID personnel are required to respond to any other police scene or incident when summoned by a supervisor or at the supervisor’s request. In determining the need for a detective or crime scene investigator, the supervisor should take into consideration the totality of the circumstances, to include: the seriousness of the offense or incident, the viability of active leads needing immediate follow-up, the enhanced training and investigative skills of the CID personnel, the existing staffing of patrol, and the need for “additional personnel,” as well as other factors known to the supervisor. 5. A patrol supervisor may authorize the calling CID personnel after hours, if a question or advice is needed. 6. The on-call Detective or Crime Scene Investigator will be responsible for the notification of the CID supervisor or CID Commander if necessary.

601.3.5 NOTIFICATION OF THE PUBLIC INFORMATION OFFICER 1. The patrol supervisor or a designee will notify a Public Information Officer and the PIO will respond to all of the following types of incidents: (a) All officer involved shootings; (b) Those incidents referred to in 614 Special Threat Situations, (c) Any call where the Texas Department of Public Safety qualified missing person advisory program (Amber Alert, etc.) will be activated or, (d) Any call where a supervisor requests their presence on scene. 2. The patrol supervisor or a designee will notify by phone or in person a Public Information Officer of any of the following types of incidents, not already listed above: (a) Suspected Homicides;. (b) Bomb threats, or threats to educational or governmental facilities; (c) Any “lockdown” or “shelter in place” of a school;

MAJOR INCIDENT RESPONSE

(d) Any incident in which the news media has already responded; (e) Any other unusual circumstance that the patrol supervisor determines would likely be brought to the media’s attention.

601.3.6 NOTIFICATION OF DISTRICT ATTORNEY 1. Brazoria County - The patrol supervisor or case detective will notify the On-Call District Attorney for murder cases in Brazoria County. 2. Harris County - The patrol supervisor or case detective will notify the Medical Examiner’s Office and an Intake District Attorney for murder cases in Harris County 3. Fort Bend County - The patrol supervisor or case detective will notify the On-Call District Attorney for murder cases in Fort Bend County.

601.3.7 AFTER ACTION REPORTS (RP 8.08) 1. An after action report, in memorandum format, shall be completed and forwarded to the Chief of Police within 10 days following the conclusion of any of the following: (a) Any officer involved shooting, (b) Any incident involving death or serious bodily injury to officer, suspect, or arrestee, (c) Any CART activation within the City of Pearland, (d) Any barricaded person, (e) Any hazardous warrant execution, (f) Any natural disaster causing an emergency response, (g) Any recurring major event, (h) Any other incident as directed by a member of command staff. 2. Unless otherwise assigned, the shift commander in charge of the event is responsible for the preparation of the report. 3. The after action report should include the following: (a) A detailed, chronological description of the event, (b) A description of the prior planning for the event, if any, (c) The number and identity of personnel assigned, (d) A discussion of the event with focus on the problems encountered or successes accomplished, (e) A critical review of operations and what policy, equipment, or procedures need to be changed so that the department can improve its response to a similar problem or event in the future.

EMERGENCY RESPONSE PRIORITIES

602.1 PURPOSE This policy is promulgated to establish guidelines for emergency response of law enforcement vehicles that comply with State Laws and Regulations. Further, to provide a safe, expedient, and efficient response to police calls for service and crimes in progress

602.2 DEFINITIONS Response priority - Designations which reflect the urgency of the call for service and subsequently sets the manner of response within a specific set of standards. This includes whether an emergency, immediate, direct, or delayed response is the most appropriate. The response priorities are listed within.

602.3 PROCEDURES

602.3.1 PRIORITY 1 1. Priority 1 (One) assumes that a potential threat to life or the potential threat of serious bodily injury is in progress. 2. Standard response: (a) The use of all emergency equipment, audible and visual (lights & siren). (b) The responding officer will proceed directly to the scene and will not stop any traffic violators. (c) Officers shall drive with due regard for the safety of citizens and fellow officers. 3. Officers determining that a silent approach to a scene is preferred shall notify dispatch when operating their vehicle with emergency lights without the use of siren.

602.3.2 PRIORITY 2 1. Priority 2 (Two) calls deal mainly with in-progress property crimes and or a threat to human welfare, and assumes that if not in-progress, the event recently occurred, or response to the scene is urgent. This classification requires a direct response, which means that the officer must proceed to the call without delay. 2. Standard response: (a) Without the use of emergency equipment and obeying all traffic laws. (b) If the situation clearly warrants the use of emergency equipment, the officer has the discretion to utilize that equipment and elevate his response to Priority 1. The officer must be able to justify the use of this equipment if necessary, taking in consideration the type of call for service and that reporting times and dispatch times may render such a response ineffective. 3. In such an instance where the officer decides to use emergency equipment, the officer shall exercise due regard for the safety of others.

EMERGENCY RESPONSE PRIORITIES

602.3.3 PRIORITY 3 1. Priority 3 (Three) calls are ones for which no known emergency exits, but which nevertheless should be handled expediently. This call classification requires a direct response, which means that the officer must proceed to the call without unnecessary delay. 2. If while on route, the officer on-views a situation that obviously requires immediate action the officer shall: (a) Immediately inform the dispatcher of the location and activity, (b) Contact the on duty supervisor and obtain approval for the extended delay or request that the original call be reassigned to another available unit. 3. Officers responding to Priority 3 calls will not use emergency equipment, will obey all traffic laws, and, with the exception noted above, will proceed directly to the scene.

602.3.4 PRIORITY 4 1. Priority 4 (Four) calls are those which require an on-scene response by a field unit, but for which response may be delayed for a reasonable amount of time. Officers responding to Priority Four calls will not use emergency equipment, and will obey all traffic laws

602.3.5 RESPONSIBILITY FOR ASSIGNING PRIORITY RESPONSES 1. As the first line of communication with those in need, the dispatcher will be responsible for the initial assignment of a priority to each call. 2. The priority assignment may be regulated by the Patrol Supervisor or Officer acting in that capacity. 3. Communications operator shall notify the on duty supervisor of any call for service that has held for over ten (10) minutes. 4. Any supervisor may change a priority response to a greater or lesser response as he determines necessary for the most efficient response to the scene. 5. The primary officer may notify Dispatch of a change in priority response if the situation clearly warrants an elevated response. 6. Priority responses are intended for units specifically assigned to respond to an incident and do not extend to support units unless they are specifically given a priority response by the dispatcher or a patrol supervisor

602.3.6 RESPONDING OFFICER'S RESPONSIBILITY 1. The responsibility for safety in regard to priority responses is that of the responding officers. 2. Officers should be aware that they are never relieved of the duty to drive with due regard for the safety of all persons.

EMERGENCY RESPONSE PRIORITIES

3. The primary objective is to arrive safely.

ONLINE REPORTING

603.1 PURPOSE It is the goal of this directive to establish a practice of handling a number of investigations at the citizen self-reporting level. This procedure will result in a decrease in the amount of time an officer spends on cases which are not in progress, have no physical injuries, contain no or few leads to follow up or have no known suspects. Citizens will benefit by having convenient access to the system and the Department will benefit by creating a more efficient use of patrol time for officers.

603.2 DEFINITIONS None

603.3 PROCEDURES

603.3.1 CLASSIFICATION OF CASES The following general categories of offenses will be available to citizens for Online Reporting:Burglary of Vehicle: 1. Burglary of Vehicle 2. Identity Theft 3. Credit/Debit Card Abuse 4. Lost Property 5. Theft 6. Vandalism/Criminal Mischief 7. Other Offenses deemed appropriate

603.3.2 ONLINE REPORTING 1. Online report requests received through the Department's website for the offense categories listed above will be entered and completed by a reportee. The system will notify assigned officers of the submission of a report. Officers will be responsible for review of the report in the following order: (a) Lobby Officer (b) Warrant Officers (c) Juvenile Transport Officers (d) Special Operations Division Sergeant 2. If the officer determines that the report meets established acceptance criteria, the report will be assigned the appropriate Status. 3. If the acceptance criteria are not met, the officer will contact the reportee. The officer will explain the reason(s) for the report's rejection and will inform the reportee of the necessary information required or forward the reportee to the proper jurisdiction.

ONLINE REPORTING

4. Officers dispatched to a call for service shall not recommend, suggest, or solicit the repartee to create a report online. After the officer takes the report, they may make the reportee aware of the on line reporting system.

603.3.3 EVALUATION OF CASES 1. The assigned officer will evaluate the report for acceptance criteria: (a) The incident is within the jurisdiction of the Pearland Police Department. (b) The reportee is the actual person filing the online report and it is not being filed on behalf of someone else. (c) The reportee has a valid e-mail address. (d) The reportee has a valid, state-issued driver license or identification number so that remote verification can be completed. 2. If the elements of a criminal offense are present, the reviewing officer will insure it is classified to an appropriate offense. 3. Online reports will be reviewed within 72 hours by assigned officers. 4. The supervisor over online reporting will insure that a trained officer is available to check online repo

INCIDENT REPORTS

604.1 PURPOSE The quality of police incident reports within any law enforcement organization are a direct reflection on the professional level of its members. Police reports are an invaluable tool that makes it possible to function and exchange information not only within our own department, but also between other agencies within the criminal justice system. Incident reports shall be submitted whenever it is obvious or likely the incident or the officer’s actions will be subjected to further investigation or official action. Officers shall not encourage a citizen not to file a report.

604.2 DEFINITIONS A. Mobile Field Reporting System (MFR) – Refers to both Visual MCT and Moblan

604.3 PROCEDURES

604.3.1 INCIDENTS REQUIRING REPORTS 1. All incidents in which officers of this department arrest an offender (excluding officers assigned to task forces that have their own reporting systems). Officers who make an arrest for a charge related to an existing incident report do not write a new report, instead supplement the original report. 2. All incidents in which a felony, Class A or B misdemeanor is believed to have occurred. 3. Class C misdemeanors involving theft, criminal mischief, assault, disorderly conduct, trespassing on school property, or when the officer’s discretion requires a report. 4. Family Violence related reports pursuant to CCP 5.05 or 611 Domestic and Family Disturbance policy. 5. Incidents involving an injury sustained by a victim, a suspect, or a police officer, whether or not anyone was arrested. 6. Incidents involving the death of a person, an attempted suicide, or when an emergency detention order is completed. 7. Incidents in which property, contraband, or evidence has been taken into custody. 8. Any juvenile has been transported to the holding facility, or where the juvenile is handled for a felony or Class A or B misdemeanor and released to a parent or guardian. 9. All incidents involving a juvenile runaway when: the juvenile is actually missing; the parent/guardian does not know where the juvenile is located; and the parent/guardian did not give the juvenile permission to leave. 10. Any incident where the officer tows a vehicle, cases involving a suspected stolen vehicle, a recovered stolen vehicle/property, or for a stored/abandoned vehicle. Vehicles towed subject to a crash may be documented on the crash report. 11. Any reportable vehicle crash which involves an injury, death, or damage of at least $1,000 to any one person’s property. This does not prohibit an officer from taking a

INCIDENT REPORTS

non-reportable crash report, when the situation clearly indicates taking a report is a proper course of action to document the incident. 12. Any incident in which a police officer points a weapon at a person, except for the following types of incidents where it is presumed an officer would have pointed a weapon at a person: (a) During an approved training scenario; (b) High risk traffic stops (felony stops); (c) SWAT or Special Threat Situations; (d) At the conclusion of a K9 track or foot pursuit; (e) During a building search if an officer comes upon a person; (f) During a felony search warrant service; (g) Or during actions taken as part of a regional or Federal task force; 13. In all other incidents not listed, officers should use discretion and common sense when deciding whether to write a report. If in doubt, seek guidance from a supervisor.

604.3.2 INCIDENTS REPORT NUMBERS 1. An incident report number may be obtained from the dispatcher or self-initiated by the officer via the MCT. Incident report numbers are generated by the CAD system. The reporting employee shall insure the report number is correct and properly recorded. 2. Whenever an incident involves one or more offenses committed by the same offender, or group of offenders acting in concert, at the same time and address, a single incident report is generated. 3. When an incident involves more than one offense, more than one offender and the offenses are unrelated, a separate report must be written. Examples: (a) A victim of a theft is found to have warrants, the theft is one report and the arrest for warrants is another report. (b) A witness to a robbery is found to be in possession of narcotics, the robbery is one report, the possession of narcotics a second report. (c) If an offender is arrested for Theft-Shoplifting and a search is completed incident to arrest and narcotics are found, a single report is written as there is only one offender. (d) If at the scene of a family violence and more than one offender is arrested for assault related to the same incident, a single report is written since the offenses are related. 4. Cases with the same Modus Operandi and/or that occurred in the same area within a reasonable amount of time must be listed in the Related Cases section of the incident report.

INCIDENT REPORTS

604.3.3 MOBILE FIELD REPORTING 1. Reports shall be completed via the Mobile Field Reporting System. 2. Officers shall insure all information automatically transferred to the MFR system has been filled in properly and is current. 3. Officers shall enter and verify the following information, if applicable under the Page 1 tab in the Incident Report entry field: (a) Offense (b) Related Names (c) Related Property (d) Related Vehicle (e) M.O. (f) Public Narrative - The public narrative will contain information sufficient to describe the incident. Names should be excluded and addresses should only reflect hundred blocks. (g) Status and Status Date (h) Case IBR Disposition and Disposition Date 4. Under the Page 2 tab officers shall complete the Officer Narrative. The Officer Narrative is the chronology of the investigation. It details the complainant, witness, and suspect interviews; evidence, how it was collected and its disposition; offenders identified or arrested. Any subject interviewed in connection with an investigation and noted in the details of the offense report shall have a corresponding entry under the Names section under tab 1 or under the Supplement entry. Detail information regarding any pertinent aspects of the case. 5. Supplements - Officers completing new Supplements to incident reports shall include any pertinent names or contacts in the appropriate fields not already included in the incident report. Supplements shall be required from officers who were actively involved in assisting with investigations. Active involvement shall include, but not be limited to interviewing complainants/witnesses/suspects, collecting evidence, and inventorying vehicles. 6. Report Submission (a) Upon completion of the Incident Report entries, officers shall submit the report for approval/review by a supervisor. (b) Any statements or other documentation related to an investigation shall have the proper case number noted on its face and have the name of the officer making the submission clearly legible. Such documentation shall be submitted for supervisory review and forwarded to the Records Division.

604.3.4 REPORT COMPLETION 1. All employees shall have all reports submitted “Complete” or submitted “Incomplete” before going off duty. Officers shall complete and have all reports approved before

INCIDENT REPORTS

going on their regularly scheduled days off or approved time off. Reports will only be submitted “Incomplete” with supervisor approval. Reports submitted “Incomplete” shall be completed on the officer’s next duty day. Necessary Supplements shall be submitted before going off duty, unless approved by a supervisor. 2. Officers should complete affidavits as soon as possible after an arrest requiring one is made and all affidavits must be submitted and approved before going off duty. 3. Overtime for report writing must be approved by the duty supervisor.

604.3.5 REPORT STATUSES 1. Cleared by Arrest: Reports where an arrest was made or a citation was issued shall be cleared by arrest. The reports must have an arrest blotter submitted and linked to the report number. 2. Exceptionally Cleared: This status requires an additional code into the Case IBR Disposition field for one of the following: Death of Offender, Prosecution Declined, In Custody of Other Jurisdiction (includes Extradition Declined), Victim Refused to Cooperate, or Juvenile/No Custody. In order to meet the criteria for this status, ALL four of the following conditions must be met: (a) The investigation must have clearly and definitely established the identity of at least one offender, (b) Must have sufficient probable cause to support arresting, charging, and prosecuting the offender, (c) Must know the exact location of the offender so they could make an arrest if circumstances did not prevent it, (d) There must be a reason outside of the control of the agency preventing the arrest, charging, and turning over for prosecution. 3. Open CID: Reports that require additional investigation, review, or follow-up by personnel in CID. 4. Open Patrol: Reports that require additional investigation or follow-up at a level other than CID. See 605 Patrol Investigations policy for guidelines. 5. Forward to CID: Reports sent to CID for further investigation or review. Officers shall Forward to CID all reports for review that are recommended to be direct filed by the DA’s office and include the ADA making this direct file recommendation. Cases that require a call out of a detective will be forwarded to CID with attention to the lead detective called to the scene. Once a case is assigned to a detective by a CID supervisor, the case is classified as Open CID until the detective makes a final disposition. 6. Direct File to Grand Jury: Only CID will use this as a report status and only for reports being forwarded to the Grand Jury. 7. Inactive: Reports without investigative leads that do not require further follow-up or investigation or reports where the victim does not want to pursue charges and an offender is not known. If the victim does not want to pursue charges, but there would be

INCIDENT REPORTS

probable cause to file charges on an offender, the proper case status is Exceptionally Cleared. 8. Information: This is the appropriate status for “skeleton” incident reports for vehicle crashes. Reports taken for incidents that do not involve a criminal offense or where the officer wishes to document an incident that may be criminal in nature, yet there are not enough facts to substantiate an actual offense. 9. Unfounded: Reports where an alleged offense was reported, but was found not to have occurred or where the offense is found to have occurred outside of Pearland’s jurisdiction. 10. Warrant Issued: Reports where a warrant or directive to apprehend has been issued by a magistrate, but the warrant or directive has not yet been served. 11. Forward to Juvenile: Reports taken which are forwarded to the Brazoria County juvenile probation department for further review. 12. Forward to Municipal Court: Reports taken which are forwarded to the city prosecutor’s office for review. 13. Refer to Other Agency: Reports where an incident has occurred within Pearland’s jurisdiction, but is being referred to another agency which has concurrent jurisdiction. Examples include Child Protective Services, the Pearland Fire Marshal’s Office, or United States Secret Service.

604.3.6 CASE IBR DISPOSITIONS 1. Death of Offender: This IBR Disposition is only used for the Exceptionally Cleared Status. When the known and identified offender has died. 2. Prosecution Declined: This IBR Disposition is only used for the Exceptionally Cleared Status. When the prosecutor has declined to accept charges for reasons other than a lack of probable cause. 3. In Custody of Other Jurisdiction: This IBR Disposition is only used for the Exceptionally Cleared Status. When an offender is in the custody of another jurisdiction, but the jurisdiction has denied extradition. 4. Victim Refused to Cooperate: This IBR Disposition is only used for the Exceptionally Cleared Status. When the investigation has revealed probable cause to arrest an offender, but the victim refuses to cooperate in the prosecution/file charges. 5. Juvenile/No Custody: This IBR Disposition is only used for the Exceptionally Cleared Status. The handling of a juvenile for an offense without taking the juvenile into custody, but rather by oral or written notice given to the parents or legal guardian in a case involving a minor offense. Example a juvenile commits minor criminal mischief, there is probable cause to file on the juvenile, but the officer chooses to notify parents and release the juvenile without any charges filed. 6. Not Applicable: This Case IBR Disposition is used in ALL Statuses other than Exceptionally Cleared

INCIDENT REPORTS

604.3.7 SUPERVISORY REVIEW AND APPROVAL 1. All shift supervisors should make every effort to review and approve completed incident reports that have been submitted during their tour of duty. In the event a submitted report has not been reviewed and approved, the relieving duty supervisor shall continue the process. 2. All efforts should be made to prevent leaving unapproved submitted reports in the report system. 3. Approved reports shall be submitted by the duty supervisor to the Records Division. Supervisors shall also insure documentation submitted by officers relating to investigations is reviewed and forwarded to the Records Division. 4. Reports lacking necessary information will be rejected by a supervisor with re-write comments detailing the deficiencies. It is the responsibility of the officer to insure the officer’s reports have been approved or to make appropriate corrections. Upon correction, the reports shall be re-submitted for approval.

PATROL INVESTIGATIONS

605.1 PURPOSE It is the goal of this directive to establish a practice of handling a number of investigations at the patrol level. This procedure will result in a decrease in the C.I.D. workload and a more efficient use of patrol time. This procedure will further develop the investigative skills of patrol officers and increase their interaction with the community.

605.2 DEFINITIONS None

605.3 PROCEDURES

605.3.1 EVALUATIONS OF CASES 1. Patrol officers shall evaluate with their supervisor their ability to investigate a case based on the following: (a) Solvability - the presence of investigative leads in the case. (b) Severity - Severity of the crime and the need for an investigator at the scene. (c) Scope of Investigation – examples include: the officer’s ability to leave the city to follow up investigations, distance from the city for follow-ups, estimated time required to investigate the offense, access to investigative tools, evidence still needing to be collected, etc. 2. Officers should state the evaluation in the conclusion of their report and the supervisor approving the case to remain Open Patrol.

605.3.2 FOLLOW-UP 1. All cases should be investigated by a Patrol Officer until the investigation is no longer reasonable, feasible, or practical for further patrol investigation. 2. Cases held “Open-Patrol” shall be followed-up and investigated without undue delay. Supervisors are responsible for insuring Open-Patrol cases are followed up in a timely manner, based on the type of follow-up needed. 3. Officers shall turn in a supplementary offense report for all follow up information added to the report. 4. Investigations that cannot be completed during regular duty hours may be completed with approved overtime. (a) Supervisors may authorize overtime for the follow up investigation of cases. (b) Officers conducting investigations during overtime hours shall submit a supplementary offense report prior to going off duty unless relieved of this responsibility by a supervisor.

PATROL INVESTIGATIONS

5. Investigations that cannot be completed by a patrol officer in a timely manner or for which the scope of the investigation is too time consuming or beyond the skill or ability of the patrol officer shall be forwarded to CID for completion without undue delay. 6. All warrants should be entered into TCIC and should be supplemented upon execution. Supplements should include pertinent information linking the warrant to the offense report, such as cause number, bond amount, and charge. Case officers should be notified when a warrant has been executed by e-mail or other means.

605.3.3 CLOSING CASES 1. Officers shall supplement cases upon final disposition or when all investigative leads or investigation has been exhausted. Upon review, a supervisor, may require further investigation be conducted on cases closed or inactivated by patrol officers. 2. Officers shall contact the complainant with the final disposition of any case. Notification of dispositions may be done by the Crime Victim’s Liaison, but do not relieve the investigating officer to insure this is done.

TRAFFIC LAW ENFORCEMENT

606.1 PURPOSE The purpose of this directive is to provide direction for the enforcement of traffic laws in accordance with State laws and meet the needs of the community. The Pearland Police Department is committed to take enforcement action upon the detection of an illegal and potentially hazardous act involving a violation of the traffic laws without regard to such factors as attitude or intent. Enforcement action may consist of a warning, a citation, or physical arrest.

606.2 DEFINITIONS A. Citation - A written promise to appear in a court to answer a charge, given in lieu of a formal arrest. B. Instanter - Immediately; instantly; forthwith; without delay.

606.3 PROCEDURES

606.3.1 EXERCISE OF DISCRECTION Members of the Department shall exercise appropriate discretionary action for each violation of the law witnessed by them. Such action is accomplished in a businesslike, firm, fair, and impartial and courteous manner using one of the four (4) methods described in subsection B of this General Order.

606.3.2 TYPES OF ENFORCEMENT Officers shall use individual discretion, based upon professional judgment, as to what form of enforcement action is taken, keeping in mind that compliance with State Law and Local Ordinances is the Department's goal. To facilitate unformity in the application of enforcement, the following, guidelines shall be used: 1. Verbal Warning - A verbal warning may be used when the violator commits an act, which may be due to ignorance of a local ordinance which may be unique or a violation of which the driver may not be aware. 2. Written Warning - A written warning may be used by officers in response to a minor infraction committed in those areas where traffic accident experience is minimal, or when a verbal warning is not appropriate. This may be used when, in the officer’s opinion, this action will serve to correct inappropriate behavior and will deter future violations of a similar nature. 3. Citation - The issuance of a traffic citation without arrest is applicable in the majority of cases where traffic violations are observed. 4. Refusal to Sign Citation: (a) Should a violator refuse to sign a citation the officer shall explain that a signature is necessary to secure the violator’s promise to appear and answer the charge.

TRAFFIC LAW ENFORCEMENT

(b) The officer shall again ask for the violator’s signature and if said violator again refuses to sign the citation the officer shall notify the shift supervisor that an instanter arrest may occur. (c) The officer must obtain supervisor approval prior to placing the violator in custody. The officer shall write “Refused to Sign” on the signature portion of the citation and forward both the court and violator copies of the citation to municipal court. (d) The officer shall then complete affidavits on each charge, which shall include the probable cause of the traffic stop and the reasons for the instanter arrest. The officer shall then update the incident in the department’s computer system, again detailing the incident as well as the supervisor approving the instanter arrest. 5. Instanter Arrest -The shift supervisor shall be notified for approval before an officer effects an instanter arrest for Class C traffic offenses. The officer shall then arrest said violator and transport him/her to jail, where the officer shall complete a citation and write "instanter" on the signature portion of the citation and forward both the court and violator copies of the citation to Municipal Court via the arrest packet. 6. Out of State Motorist Citation - When dealing with out of state motorist, particular attention shall be paid to the terms of the Non-Resident Violator Compact of 1977, V.A.C.S. Art. 6701 d-23 (See D below). 7. Courtesy - Unless exigent circumstances prevent otherwise, upon making contact with a suspected violator an officer shall identify himself/herself by last name, identify the employing agency, and tell the violator the reason for the traffic stop. Officers shall not scold, belittle, berate or otherwise verbally abuse a traffic violator or suspect. The officer’s actions shall demonstrate a professional attitude and serve to improve the relationship between the motoring public and law enforcement officers.

606.3.3 TRAFFIC STOP LOCATIONS The officer shall notify dispatch as soon as possible of the vehicle's license plate or description and the location using the block number and street name. If it is no possible to give the exact block number the officer may identify the location by the intersection and cross streets or by business locations or landmarks.

606.3.4 NON-RESIDENT VIOLATOR COMPACT 1. Certain member jurisdictions (States) recognize the Non-Resident Violator Compact of 1977. 2. The Compact is codified at V.A.C.S. Art. 6701 d-23. Article 3 of this Compact provides, in part: (a) When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver’s license issued by a party jurisdiction and shall not,... (except where the same is authorized in the State where the citation is being issued)... require the motorist to post collateral to secure appearance, if the Officer receives... (the motorist signature as a promise to appear).

TRAFFIC LAW ENFORCEMENT

(b) Arrests or requirement of a bond is only authorized where the issuing jurisdiction would arrest or require a bond of one of its residents. (c) The purpose of the Non-Resident Violator compact is to insure that travelers, from member jurisdictions, will be afforded the same courtesies upon citation for a traffic violation, regardless of residency. (d) If a person fails to comply with a citation or promise to appear and is a resident of a member State, it is appropriate for the issuing agency to petition the Texas Department of Public Safety, manager, Driver Improvement and Control Bureau to initiate proceedings to have the offender’s driver’s license suspended in his home State.

ARREST PROCEDURES

607.1 PURPOSE The purpose of this policy is to guide Pearland Police Department personnel in the proper filing of charges in the Pearland Municipal, Brazoria, Harris, or Fort Bend County justice systems. These procedures have been reviewed by each agencies District Attorney’s Office and will be followed in the respective jurisdiction.

607.2 DEFINITIONS None

607.3 PROCEDURES

607.3.1 BRAZORIA COUNTY Class B and above arrests in Brazoria County shall be subject to the following procedures: 1. Questions regarding an appropriate charge to file or arrest may be directed to the Brazoria County District Attorney’s Office. After hours telephone numbers can be found in the Dispatch office. 2. The prisoner shall be transported to the jail booking area where he shall be processed as required by 900 Jail Procedures policy. 3. The arresting officer shall prepare a Probable Cause affidavit for each charge and shall have said Probable Causes signed and notarized and placed in the subject’s arrest file. 4. If applicable, the name of the A.D.A. who approved the charge shall be duly noted where provided on the Probable Cause Affidavit and within the contents of the offense report.

607.3.2 FT. BEND COUNTY Class B and above arrests in Ft. Bend County shall be subject to the following procedures: 1. The arresting officer shall contact the Fort Bend County DA’s Office for approval of charges prior to making an arrest. 2. The offender may be taken to the Pearland City Jail for temporary detention until all required paperwork is completed prior to transport of the prisoner to the Fort Bend County Jail. 3. The arresting officer shall prepare a Probable Cause affidavit for each charge and shall have said Probable Cause signed and notarized and placed in the subject’s arrest file. The officer shall insure that the correct county name is used. The officer shall include a copy with the offense report. 4. If the suspect is not immediately transported to the Fort Bend County Jail and is placed in the city jail pending transport, then all required city jail paperwork and the offense report will be completed before the officer ends his tour of duty.

ARREST PROCEDURES

5. The Records Division will insure that the offense report and complete packet are forwarded to the Fort Bend County District Attorney Intake System within three (3) business days. 6. The complete packet includes the following: • Warrant Information • A CCH (NCIC, TCIC, and a driver’s license printout) • A complete offense report with Probable Cause attached • DWI videotape (if applicable) • Inmate Book In/Entry Form 7. If the charge is a misdemeanor then only one copy of each packet per suspect is needed. 8. If the charge is a felony then two copies of each packet per suspect is needed. 9. If a prisoner is not transported to the Fort Bend County Jail, he may appear before the city magistrate the next morning. The magistrate will review the probable cause affidavit to ascertain if it is sufficient and set bond. 10. The prisoner may bond out of city jail before being transported to the Fort Bend County Jail if the bond is approved by the Fort Bend County Sheriff’s Office Bonding Office. The Bond Determination Sheet shall be used to pre-set bonds when applicable. Bonding companies used for Fort Bend County charges have to be approved by Fort Bend County. 11. If a prisoner is arrested and transported to the Fort Bend County Jail then the following must be completed and delivered to the jail: (a) Probable Cause (b) Warrant Information Sheet (c) Inmate Booking/Entry Form (d) CR-43 (e) Arrests under Warrant - A copy of the Teletype confirmation. 12. The prisoner must be delivered by the Pearland Police Department to the Fort Bend County Jail in Richmond. The Fort Bend County Jail does not provide paddy wagon pick-ups. A copy of the offense report should also be attached. The required packet still has to be delivered to the DA Intake within the required three (3) working days.

607.3.3 HARRIS COUNTY Class B and above arrests in Harris County shall be subject to the following procedures: 1. The offender may be taken to the Pearland City Jail for temporary detention until all required paperwork is completed prior to transport of the prisoner to the Harris County Jail if charges and transport are approved by the Harris County DA’s Office. 2. Prior to transport, contact the on-call Harris County ADA to approve charges.

ARREST PROCEDURES

(a) Verbally advise of the elements of the offense (b) Obtain the full name of the ADA approving charges. 3. After charges are approved, the suspect must be entered and checked through AFIS. Obtain the AFIS TRN number, JIMS SPN number and Sheriff’s Officer Number. All are located on the AFIS printout, if applicable. 4. Officers will complete the proper screens (Defendant Description and Screening Report) in the District Attorney Intake Management System (DIMS). Record the Transaction Number for later reference. 5. After the case is completed in DIMS, the report must be sent to a Harris County ADA for review. 6. Officers will complete the following handwritten forms: (a) Harris County Sheriff’s Office Inmate Processing- Warrant Pending-DIMS Worksheet (b) Harris County Sheriff’s Office Processing Division Valuable Property Inventory 7. Officers will complete the offense report under the appropriate case number. Attach copies of the following to the offense report: (a) Harris County Sheriff’s Office Inmate Processing-Warrant Pending DIMS Worksheet – Include the AFIS TRN number, SPN number, SO number, FBI number, Pearland PD Case number and Cause number. (b) Harris County Sheriff’s Officer Processing Division Valuable Property Inventory – Include the SPN number, AFIS number and listing of all prisoner’s property. (c) Harris County AFIS search result 8. Transport (a) The prisoner will not be released to the Harris County Sheriff’s Department until the Harris County DA’s Office has reviewed and approved the DIMS entries. Notification of approval will be sent via the DIMS system. An asterisk will appear under “Status” indicating approval. (b) The prisoner will be transported with two copies of the AFIS search result and the following original forms: 1. Harris County Sheriff’s Office Inmate Processing- Warrant Pending- DIMS Worksheet 2. Harris County Sheriff’s Office Processing Division Valuable Property Inventory (c) The prisoner will be transported to Harris County Inmate Processing for booking.

607.3.4 PROBABLE CAUSE ARREST AFFIDAVITS 1. Except for charges filed through the Harris County justice system, all other probable cause arrest affidavits will be reviewed and approved by a police supervisor of the

ARREST PROCEDURES

Pearland Police Department prior to submitting the affidavit to the appropriate justice system for charges. (a) On cases where a person has already been arrested, the approval is required prior to the arresting officer going off duty. (b) On cases where a warrant is sought, the requesting officer will have the affidavit approved prior to submitting a request for the warrant to the appropriate magistrate. 2. Supervisors will insure that all affidavits submitted to them are checked in a timely manner. Supervisors will check for following: (a) Charges match the offense described. (b) All elements of the offense are met. (c) Proper spelling, grammar, syntax and form are used on the affidavit. (d) Departmental policy has been followed and that the charges are appropriate to the department mission. 3. If a question arises as to the appropriateness of the charge, the supervisor will insure that a prosecutor/district attorney is consulted as to the accepted charge. The final decision will be that of the supervisor and equally the supervisor’s responsibility.

PROBABLE CAUSE AFFIDAVITS

608.1 PURPOSE The arrest of a person without a warrant is an unreasonable seizure of his/her person and is unlawful unless authorized by statute. An arrest without a warrant cannot be based on mere suspicion or belief. This procedure is intended to assist the officer in obtaining a warrant for arrest, based on probable cause, when an offense is not committed in the officer’s presence or view.

608.2 DEFINITIONS None

608.3 PROCEDURES

608.3.1 PROBABLE CAUSE AFFIDAVITS 1. The Code of Criminal Procedure provides that a magistrate may issue a warrant of arrest when probable cause affidavit/complaint charges the accused with the commission of an offense. 2. A probable cause affidavit must contain the following: (a) Charge (b) Offense Code Citation (c) CJIS Number (d) Case Number (e) Cause Number 3. The affidavit must show that the accused has committed some offense against the law. The affidavit must state affirmatively and positively that the accused committed the offense or that the affiant (the person making the complaint) has good reason to believe and does believe that the accused committed the offense. 4. The affidavit must state the time and place of the commission of the offense, as definitely as can be done by the affiant. The affidavit must allege an offense committed prior to the time it is sworn to and filed. A person can be convicted only of a past, not future crime. 5. The affidavit must contain a narrative detailing the elements of the offense as completely as known and of sufficient detail to substantiate the charge. 6. All affidavits must contain the name of the accused, if known, address, race, sex, date of birth, driver’s license or ID number and TRN. 7. An affidavit must be signed by the affiant by writing his name or affixing his mark. The affidavit is void if not signed by the affiant. 8. An affidavit must be sworn to before an officer authorized to administer an oath. The official capacity of the officer must be shown on the affidavit. However, a County

PROBABLE CAUSE AFFIDAVITS

Attorney may swear a person to an affidavit only when the offense is committed in the county in which he is the County Attorney. 9. An affidavit may be sworn to a Notary Public, including a Notary of a county other than the county in which the offense was committed.

DWI ARREST PROCEDURES

609.1 PURPOSE The purpose of this policy is to establish the policies and procedures regarding the utilization of the DWI Video Room, the operation, maintenance and control of the Intoxilyzer instrument and offenses related to Driving While Intoxicated and Driving Under the Influence of Alcohol by a Minor.

609.2 DEFINITIONS None

609.3 PROCEDURES

609.3.1 DWI VIDEO ROOM The floor of the DWI video room is marked with numbered stations. The stations may be used as follows: 1. Station One - Head Tilt, One-Leg Stand, Nose Touch and Interview 2. Station Two - Walk and Turn.

609.3.2 VIDEO RECORDED SOBRIETY TEST 1. Suspects may be asked to submit to a videotaped field sobriety test. 2. After recording has begun, officers trained in administering the Standardized Field Sobriety Test will follow their established protocol. 3. Officers not trained to administer the SFST’s or those desiring to do so may use the following procedure: (a) Introduction of officer and statement advising the suspect of the charge and that he is being electronically recorded. (b) Head Tilt (Rhomberg Balance Test) (c) Walk-and-Turn (d) One-Leg Stand (e) Nose Touch

609.3.3 ALR REQUIREMENTS 1. The Administrative License Revocation Program, or ALR, requires that all suspects arrested for either DWI or DUI-Minor be read the DIC-24 Statutory Warning before the officer requests a breath test. 2. This warning may be read on video following the SFST’s. Warnings may also be read on-scene following the SFST’s. 3. If the officer does not request a breath test then the officer should proceed to Section 609.3.6. The following procedure should be followed when reading the DIC-24 form.

DWI ARREST PROCEDURES

(a) The officer will make a language-appropriate copy of the DIC-24 available to the suspect. The suspect should be allowed to read the form however if he refuses to do so the form should be available to the suspect. (b) The officer will read the form in its entirety without explanation. (c) At the conclusion of the reading, the officer will ask the suspect to take either a breath or blood test. 4. Consent for Breath Test (a) If the suspect agrees to a breath test the officer will complete the DIC-24 form and provide the suspect with the Driver’s copy. (b) The officer will then notify an Intoxilyzer operator who will administer the breath test. The officer should then proceed to Section 609.3.6. 5. Refusal for Breath Test (a) If the suspect refuses a breath test, the officer will ask the suspect to sign the DIC-24 form indicating his refusal. The officer will then give the suspect the Driver’s copy. (b) If the suspect refuses to sign the DIC-24 form, the officer will note the refusal on the form and give the suspect the Driver’s copy. The officer should then proceed to Section 609.3.6 or 609.3.7. (c) Under the ALR statute of the Transportation Code, only a Texas Driver’s License may be seized pursuant to a DWI investigation.

609.3.4 VIDEOTAPED INTERVIEW 1. The suspect may be interviewed about the offense after he has performed a videotaped sobriety test. If the suspect has refused to perform a videotaped sobriety test, he still may be interviewed. 2. The officer must read the suspect the Miranda Warning before any questioning. If the suspect waives his rights, the officer may ask the questions listed on the placard on the wall in the DWI Room or any other question pertinent to the offense. 3. If the suspect refuses to waive his rights then no questions relating to the offense may be asked. 4. At the conclusion of the interview, the officer should proceed to Utilization of the Intoxilyzer Instrument.

609.3.5 UTILIZATION OF THE INTOXILYZER INSTRUMENT 1. All breath tests will be conducted according to the methods and techniques approved by the Texas Department of Public Safety Scientific Director. 2. Only those certified by the Texas Department of Public Safety to operate the Intoxilyzer instrument will administer breath tests.

DWI ARREST PROCEDURES

609.3.6 GENERAL PROCEDURES FOR MINORS 1. If the officer has requested a breath test, the following paperwork will be filed: (a) Offense Report (b) Peace Officer’s Sworn Report (DIC-23) (c) DWI Statutory Warning (DIC-24)Probable Cause Affidavit (d) Notice of Suspension (DIC-25), if applicable (e) Probable Cause Affidavit (f) Breath test results, if applicable (g) Videotape, if available (will be submitted as evidence) 2. If the officer has not requested a breath test, the following paperwork will be filed: (a) Offense Report (b) Peace Officer’s Sworn Report (DIC-23) (c) Notice of Suspension (DIC-25) (d) Probable Cause Affidavit (e) Video, if available (to be submitted as evidence)

609.3.7 GENERAL PROCEDURES FOR ADULTS 1. If the adult suspect has refused a breath test or has provided a sample of 0.08% or higher, the following forms will be filed: (a) Offense Report (b) Peace Officer’s Sworn Report (DIC-23) (c) DWI Statutory Warning (DIC-24) (d) Notice of Suspension (DIC-25) (e) Breath test results, if applicable (f) Probable Cause Affidavit (g) Video, if available (to be submitted as evidence) 2. If the adult suspect has provided a sample of less than 0.08% and alcohol alone is suspected, the officer may still file DWI charges if charges are approved through the District Attorney’s office. If charges are accepted, the following forms will be filed: (a) Offense Report (b) Peace Officer’s Sworn Report (DIC-23) (c) DWI Statutory Warning (DIC-24) (d) Breath test results, if applicable (e) Probable Cause Affidavit

DWI ARREST PROCEDURES

(f) Video, if available (to be submitted as evidence)

609.3.8 SPECIAL CONSIDERATIONS 1. If the suspect has provided a sample of less than 0.08% and the officer believes drugs or other substance may be the cause of the impairment, the officer has the option of contacting a Drug Recognition Expert, or DRE. (a) A specialized DRE called out from within the department shall follow established protocol to conduct the Drug Evaluation and Classification Interview. (b) If a departmental DRE is unavailable, the officer may call out a DRE from a neighboring agency. 2. In cases where a breath test shows a BAC of 0.30% or higher, EMS shall be called to the jail to examine the suspect. The on-duty supervisor shall also be notified. If either EMS or a supervisor determines that medical attention is necessary, the suspect will be transported to a hospital for treatment. 3. When processing Minors (17 to 20 years of age) arrested for an offense related to driving while intoxicated or impaired, the investigating officer has the discretion of issuing the minor a citation for Driving Under the Influence of Alcohol by a Minor and releasing him at the scene to a parent or guardian. In this case, the following items should be filed: (a) Offense Report (b) Peace Officer’s Sworn Report (DIC-23) (c) Notice of Suspension (DIC-25) (d) In-Car Videotape, if available (to be submitted as evidence) 4. Intoxication Manslaughter or Intoxication Assault (a) The arresting officer will take the suspect to a hospital or approved emergency room or urgent care facility and with supervisor approval a blood test will be forcibly taken. This sample should be taken as soon after the incident as possible. (b) The sample should be taken in a TX DPS-approved blood specimen collection tube. The following paperwork should be filed: 1. Offense Report 2. Peace Officers Sworn Report - DIC 23 3. Statutory Warning - DIC 24 (DPS will mail the DIC-25) 4. Statutory Authorization Blood Specimen Form 5. Probable Cause Affidavit 6. Videotape, if applicable (to be submitted as evidence) (c) The on-call District Attorney may be contacted for notification purposes and approval of charges.

DWI ARREST PROCEDURES

5. Search Warrants – For cases in which officers will file a charge under Chapter 49, Penal Code and the suspect has refused to submit to a breath or blood test, officers may prepare an affidavit for a Search Warrant to obtain a blood sample. (a) Upon refusal, the suspect should be advised that a warrant will be obtained. The suspect has the option of consenting to provide a specimen but shall not be coerced to do so. (b) Officers will contact an approved District Court judge or magistrate authorized to sign Search Warrants. (c) Unexpired approved blood collection tubes should be used to obtain two (2) vials of blood. (d) Following collection, blood specimens will be refrigerated and submitted to the Brazoria County Crime Lab for processing.

609.3.9 EVIDENCE HANDLING 1. Blood Specimens - Upon receipt of blood specimens collected in approved blood collection tubes the officer will refrigerate the specimen and submit the blood evidence to the Brazoria County Crime Lab for a toxicological examination. 2. Videos - Video evidence will be preserved in the department’s evidence storage facility following established evidence procedures.

ALARMS

610.1 PURPOSE With continued growth of the City of Pearland, an officer responding to business and residential alarms has become a frequent daily occurrence. This policy establishes a procedure for safely and effectively handling all alarm calls.

610.2 DEFINITIONS None

610.3 PROCEDURES

610.3.1 RESIDENTIAL AND COMMERCIAL ALARMS 1. One officer will be dispatched to residential and commercial intrusion alarms. This does not preclude more than one officer from responding to an alarm. 2. Upon arrival the responding officer(s) shall position their patrol car(s) in a tactically advantageous position away from the front of the residence/business. 3. Responding officer(s) shall examine the exterior of the residence/business as completely as practical at the ground-level perimeter for signs of entry. 4. Upon discovery of a possible entry point, the following procedure shall be followed: (a) If the officer does not have articulable reasonable suspicion to enter the residence/business, the officer will secure the location, if able, and return to service. (b) If the officer develops articulable reasonable suspicion that suspects may have entered the residence/business: 1. Officers shall notify Dispatch of the situation and advise that they will be making entry to check the interior of the residence/business. 2. A minimum of two officers shall be required to enter any unsecured building or residence. (c) Forced entry or suspects on scene: A minimum of three officers shall respond to the scene. A primary and secondary officer shall obtain permission from a duty supervisor to check the interior of the residence/business. Additional officers shall be staged in a tactically advantageous position at opposite sides of the structure to prevent unauthorized access or egress to/from the location. After the location has been cleared, an appropriate investigation shall be completed. (d) Securing the Scene 1. After the residence/business has been cleared at alarms without forced entry, officers will secure the location if possible to prevent re-entry. 2. If the location cannot be secured, a key-holder shall be contacted to respond to the location to secure the scene.

ALARMS

3. If no key-holder can be found, officers may secure the location as best as possible and update the call accordingly.

610.3.2 FINANCIAL INSTITUTION HOLD UP/ PANIC ALARM 1. Upon receiving such a call or alarm, the dispatcher shall immediately dispatch two (2) patrol units to the financial institution. 2. Dispatch will follow procedures outlined in 800 Communications to attempt contact and identify if a hostage or actual emergency exists. 3. At no time will units be disregarded by information obtained by phone. 4. Response and Arrival of Police Units (a) Responding units should avoid passing by or parking near bank doors, windows, or where they may attract undue attention. Officers should be alert for getaway vehicles, lookouts or snipers in the area outside the bank. (b) The first arriving unit should be positioned in a tactically advantageous position so that the officer can observe two sides of the bank at once. 1. The officers should remain out of sight of persons inside the bank to reduce the chance of hostage taking. 2. Position police vehicles to easily establish contact with the bank officer when he or she exits the bank. 3. Be alert for getaway cars or other unusual circumstances outside of the financial institution. (c) The second responding unit to arrive at the bank should assume a position that allows the officer to view the other two (2) sides of the bank building and assist in observation of the bank to determine the situation. The immediate goal is to avoid rushing the bank and thereby avoiding a confrontation inside the building or the taking of hostages. 5. Confirmed Robbery - The first officer on the scene will: (a) Notify a supervisor. (b) Notify CID and Crime Scene Investigator. (c) Act to insure the safety of the bank employees and patrons. (d) Request additional assistance as needed until supervisor arrives to take charge. (e) Assume control of and protect the scene. (f) Issue updated alerts and descriptions as soon as possible. (g) Exercise tactics to safety arrest suspect(s). (h) Prepare initial report. (i) Keep witnesses at scene and separated.

ALARMS

610.3.3 HOLD UP ALARMS 1. Dispatch responsibilities outlined in 800 Communications. 2. Patrol Responsibilities – Patrol units responding to any alarm will take a position where they can safely assess the following: (a) Could entry have been made; (b) Does structure appear to have been burglarized; (c) Could there be a second point of entry/exit; (d) Are offenders still in the structure or in a nearby area; (e) Is the structure to be searched? 3. Search (a) Should officers determine that a search of a structure is called for where the key holder or owner is present: 1. Contact shift supervisor to obtain authority to conduct a search. 2. A minimum of two (2) officers is required to enter a structure for search purposes. 3. Instruct the key holder to move to a safe location. Key holders shall not enter with officers. 4. A third unit shall remain outside to secure the perimeter during the search. 5. Advise all units involved by radio that officers are entering the structure, at which time a second radio channel will be secured for the entering officer's use. 6. Enter structure, if at all possible, from a different point than that of the point of entry. (b) Should officers determine that a search of the structure is called for where owner or key holder is not present: 1. Shift supervisor clearance must be obtained before entry is made. 2. A minimum of two (2) officers are required to enter a structure for search purposes. 3. Have, if at all possible, a third unit to remain outside to secure perimeter during search. 4. Instruct all bystanders to move to a safe location. 5. Advise all units involved by radio that officers are entering the structure, at which time a second radio channel should be secured for the entering officer's use. 6. Enter structure, if at all possible, from a different point of entry. (c) Should officers believe there is a possibility that the actors are still in the structure:

ALARMS

1. Immediately notify a supervisor. 2. Secure a perimeter to prevent the escape of suspects. 3. Instruct all bystanders to move to a safe location. 4. Shift supervisor must be present at the scene. 5. A minimum of two (2) officers are required to enter a structure for search purposes. 6. A third unit shall remain outside to secure the perimeter during the search. 7. Advise all units involved by radio that officers are entering the structure, at which time a second radio channel will be secured for the entering officers to use. 8. Enter the structure, if at all possible, from a different point than that of the point of entry.

610.3.4 FIRE ALARMS 1. In some instances patrol units may be requested to check by on fire alarms. The primary function of the patrol unit is not to determine if the alarm is valid or false but to provide Dispatch and fire personnel with updated information when possible. 2. When a patrol unit is dispatched to a fire alarm, he will: (a) Advise Dispatch of the condition of the scene upon arrival, i.e.: fire or smoke visible; no fire or smoke visible; structure totally involved, etc. (b) Advise Dispatch of any circumstances that may affect the manner in which the fire department may respond. 1. Hazardous chemicals in the structure or residence; 2. Road or street conditions; 3. Injuries on location (if known); or 4. Any other relevant information. (c) Maintain as much as possible a clear path for responding fire personnel and insuring that the placement of patrol vehicles does not interfere with responding fire apparatus. (d) Provide information or assistance as required by the fire department.

DOMESTIC AND FAMILY DISTURBANCES

611.1 PURPOSE The Pearland Police Department recognizes family/domestic violence as a crime and has a duty to provide all family violence calls with a high priority response. In determining the appropriate course of action in family violence cases, the primary concern of the officer shall be the protection of all potential victims (regardless of relationship) from further family violence, enforce the law and make lawful arrests of violators. It is the policy of this department to effect arrest as the preferred response to domestic violence crime. This department will actively utilize the warrant- less arrest power granted by Texas CCP, Chapter 14, when probable cause exists that a criminal offense has been committed. The department is mandated with the task of data collection to document all family violence related calls (CCP Art. 5.05), the existence and status of protective orders and warrants, and subsequent law enforcement response. In accordance with state law, members of the department shall immediately report all known or suspected cases of child and elder abuse, neglect, and exploitation to the Texas Department of Family and Protective Services (DFPS) regardless of whether or not an arrest is made or a complaint taken. The department shall respond with the same protection and sanctions for every family violence incident including cases involving law enforcement officers, public officials, and prominent citizens. It is the policy of this department that all law enforcement officers of this department complete Texas Commission on Law Enforcement (TCOLE) approved training in family violence issues in compliance with TCOLE rule 1701.352 (b).

611.2 DEFINITIONS A. Family Violence – 1. An act by a member of a family or household against another member of the family or household that is intended to result in the physical harm, bodily injury, assault, or sexual assault or there is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; or 2. Abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G) by a member of a family or household towards a child of the family or household. B. Family - includes individuals related by consanguinity (blood relatives) or affinity (by choice i.e. marriage) as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the biological parents of the same child, without regards to marriage, and a foster child and foster parent, without regard to whether those individuals reside together. C. Household – A unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. D. Member of a Household - “Household” as defined above to include a person who previously lived in the household.

DOMESTIC AND FAMILY DISTURBANCES

611.3 PROCEDURES

611.3.1 ON-SCENE OFFICER INVESTIGATION - GENERAL RESPONSIBILITIES 1. Officers will promptly respond to the reported incident of family violence and shall abide by the following: (a) Enforce all criminal laws as codified in the Family Code, Penal Code and Code of Criminal Procedure. (b) Verify the existence of Protective or Magistrates Orders and take appropriate action. (c) Write an offense report. 2. When officers respond to an incident of family violence involving another officer (regardless of rank), public official, or prominent citizen, the responding officer’s supervisor shall be notified. The supervisor assures that the departmental policy is applied to all members of the community. 3. Whether or not an arrest has been made, if reasonable, officers shall remain at the scene of the investigation to prevent further commission of family violence, to verify an allegation of a violation of a protective order or of the commission of an assault against a member of the family or household. 4. Officers will distribute and explain the “Victims Assistance Information” pamphlet, as required by CCP, Art. 5.04 and have the victim sign the receipt attached. The receipt is then collected and attached to the offense report. (a) If an arrest is made, the investigating officer shall determine if the victim wishes to be notified of the offender’s release from jail. (b) In such case, the officer shall obtain phone numbers to contact the victim. (c) The investigating officer shall notify the on-duty jailer of the victim’s request for notification and provide a copy of the booklet release with phone numbers and the jailer on duty shall notify the victim upon the offender’s release. 5. Whether or not an arrest is made, officers shall notify the Texas Department of Human Service Intake, when child abuse or neglect is suspect (Family code Chapter 34), or when elder (age 65+) abuse, neglect, or exploitation is suspected. (Human Resources code, Chapter 48). The phone number is for law enforcement personnel only and should not be given to the public. 6. If the officers have reasonable cause to believe children are in imminent danger or being harmed, officers use all precautions necessary to protect such children, including taking them into protective custody with or without the consent of a parent or care provider having custodial supervision or control. 7. Officers shall collect and record evidence of the crime to support an arrest and enhance prosecution by: (a) Conducting detailed victim/witness interviews; record statements; (b) Gathering physical evidence such as weapon(s) used or threatened to be used, damaged property, torn or blood stained clothing, etc.,

DOMESTIC AND FAMILY DISTURBANCES

(c) Taking color photographs of victim’s injuries/clothing and the crime scene, including damaged property. 8. Although not required by Texas statute, the following law enforcement services are recommended when requested and/or court-ordered: (a) If one person is removing personal property, remain at the scene for a reasonable amount of time to preserve the peace; (b) When possible, at the victim’s request transport or arrange transportation to an alternative household or center for battered women. 9. If photos are not taken by the officer at the time of the investigation, advise the victim of the need for photos of the injuries (especially within a day or two as bruises being to show), and the need for medical treatment and appropriate documentation in medical records of injuries which resulted from the family violence incident. 10. Persons involved in civil disturbances involving landlord/tenant disputes are referred to the county justice of the peace of the precinct in which the property is located. 11. Reporting officers not affecting arrest at the scene of a family violence incident shall, before leaving the scene, review the circumstances of the call with a supervisor. The supervisor shall provide approval or recommend arrest based upon probable cause. The officer shall document this review in his report.

611.3.2 MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION 1. At a defendant’s appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 42.072, Penal Code, (Stalking) the magistrate may issue an order for emergency protection on the magistrate’s own motion or on the request of: (a) The victim of the offense; (b) The guardian of the victim; (c) A peace officer; or (d) The attorney representing the state. 2. If a protective order is requested by any of the parties listed above, or the investigating officer feels a protective order is warranted, he shall complete a request for a Magistrate’s Emergency Protective Order on the form specified by the county where the offense occurred and complete the data entry form for T.C.I.C.

611.3.3 PROTECTIVE ORDER RECORDS This department receives from our county and/or district clerk a copy of each Protective Order issued to residents of this city or Protective Orders directed towards a person who resides in this city. Officers may obtain information about the existence of such orders by contacting the departments dispatch center, which has access to such information.

611.3.4 CONFIDENTIALITY All reports and information regarding family violence calls are confidential and are divulged only to:

DOMESTIC AND FAMILY DISTURBANCES

1. Persons within this department with a legitimate interest or responsibility related to the case; 2. Medical, psychological, or social service agencies, or other law enforcement agencies with a legitimate interest in the case; 3. The alleged abused, neglected, or exploited adult victim; or 4. Any other party which may be authorized by law to have access to such information, or in cases in which a court orders release of such information.

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. DOMESTIC AND FAMILY DISTURBANCES - Published with permission by Pearland Police Department 279 Policy Pearland Police Department 612 Policy Manual

PEACE OFFICER'S EMERGENCY EVALUATION

612.1 PURPOSE Statutory provisions pertaining to involuntary commitments to mental health facilities by police officers are contained in the Health and Safety Code, Section 573.001. The purpose of this policy is to provide a general guide for officers to have subjects believed to be suffering from mental illness evaluated to insure they receive needed treatment.

612.2 DEFINITIONS A. Mental Illness – An illness, disease or condition other than epilepsy, senility, alcoholism or mental deficiency that substantially impairs a person’s thoughts, perception of reality, emotional process or judgment or grossly impairs behavior as demonstrated by recent disturbed behavior. B. Intellectual Disability – A condition in which a person’s general intellectual functioning is significantly below average and who suffers problems in adaptive behavior. C. Mental Health Facility – Refers to a specialized facility that deals solely with mental health related needs, or an approved medical facility that provides emergency treatment for medical crisis. D. Medical Facility – Refers to facility that provides medical treatment of patients, and operates a dedicated emergency department. This definition refers to hospitals capable of inpatient medical care, and does not include urgent care clinics. E. Peace Officer’s Notification of Detention – Refers to a legal form used to take into custody a mentally ill person, and requests temporary detention and mental health treatment of said person(s). The form shall have pertinent information set forth in Section 573.002 of the Health & Safety Code. This definition is interchangeable with Emergency Detention Order (EDO)

612.3 PROCEDURES

612.3.1 AUTHORITY TO APPREHEND 1. The authority to apprehend a person by using the Peace Officer’s Notification of Detention is granted under the Texas Mental Health Code, Section 573.001 of the Texas Health and Safety Code. 2. A Notification of Detention may be used when: (a) The officer has reason to believe, and does believe, that the person is mentally ill; and (b) Because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and (c) The officer believed that there is not sufficient time to obtain a warrant before taking the person into custody.

PEACE OFFICER'S EMERGENCY EVALUATION

3. This type of custody is protective rather than criminal in nature.

612.3.2 OFFICER'S RESPONSE TO MENTAL HEALTH CALLS The following situations require a response utilizing Crisis Intervention Training. 1. Attempted suicide or suicidal subject; 2. Mental health-related calls from a facility/provider that furnishes services on behalf of the mental health community; 3. Any hospital emergency room request for assistance relating to a person suspected of a mental illness; 4. Any other situation in which the responding officer believes that a person’s mental health is adversely affecting his/her current behavior. 5. Officers responding to incidents involving the mentally ill or intellectually disabled shall exercise caution and utilize Crisis Intervention Training as the primary method of bringing the subject under control. 6. At least one officer responding to incidents involving the mentally ill or intellectually disabled should respond with a Taser. 7. Officers will use the least restrictive means available to control the subject while causing as little injury as possible. At no time should an officer fail to take appropriate measures to protect/defend himself due to the unlawful acts committed by a person suffering from mental illness or an intellectual disability. 8. If the mentally ill person is determined to be a juvenile (16 and under), officers shall contact the juvenile’s parent or legal guardian and request that they accompany the juvenile to the treatment facility. In the event that contact cannot be made with a parent or legal guardian, the officer shall contact the Texas Department of Protective & Regulatory Services for assistance with obtaining treatment for the juvenile. Officers shall, upon request from a parent or legal guardian, detain a juvenile for a mental health evaluation. If the juvenile is found to meet the criteria set forth by Section 573.001 of the Health& Safety Code, and is believed to be a flight risk, Officers shall detain the juvenile and assist the parent or legal guardian with transportation to an appropriate facility. In the event that a juvenile is detained for mental health treatment, officers shall notify the Texas Department of Protective & Regulatory Services of the detention.

612.3.3 PEACE OFFICER'S EMERGENCY EVALUATION 1. A peace officer, without a warrant, may take a person into custody if the officer: (a) Has reason to believe and does believe that the person is mentally ill; and (b) Because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and (c) Believes that there is not sufficient time to obtain a warrant before taking the person into custody.

PEACE OFFICER'S EMERGENCY EVALUATION

2. A substantial risk of serious harm to the person or to others may be demonstrated by the person’s behavior or evidence of severe emotional distress and deterioration in the person’ s mental condition to the extent that the person cannot remain at liberty. 3. If it is determined that an emergency detention for the purposes of a mental health evaluation or treatment is necessary, then the officer will transport the mentally ill subject to an approved mental health facility, or medical facility that provides treatment for medical emergencies. 4. Upon arrival at an approved facility, the transporting officer shall complete the Notification of Detention for the subject to be kept involuntarily in the hospital for a psychiatric evaluation. The subject transported has the option of voluntary admission for treatment, however, the Notification of Detention shall be completed regardless.

612.3.4 MENTALLY ILL PERSONS REQUIRING MEDICAL ATTENTION 1. If a mentally ill person needs medical attention prior to assessment, the officer will call Pearland Fire Department or agency of jurisdiction to treat the subject and/or transport the subject to a medical facility. If medical personnel determine the patient has no injuries requiring treatment and is only suffering from a mental illness, officers shall take custody of the mentally ill person from medical personnel and transport them to an approved facility.

612.3.5 ARREST OF MENTALLY ILL {PERSONS FOR CRIMINAL ACTS 1. Officers will exercise sound judgment in determining the appropriate course of action when a subject suffering from mental illness is alleged to have committed a violation of the law. 2. If a subject is believed to be mentally ill and is alleged to have committed a Misdemeanor B or above violation, the officer shall contact the on-duty supervisor for charge approval. If criminal charges are deemed appropriate by the on- duty supervisor, the on-duty supervisor is responsible for determining if it is more appropriate to arrest the subject at that time, or have the investigating officer procure a warrant. If an arrest is made, the arresting officer shall notify the on-duty jail staff of the prisoner’s condition. The arresting officer shall, without unnecessary delay, complete the probable cause affidavit and arrange for the prisoner to be transferred to the Brazoria County Sheriff’s Department Jail for mental health services. If criminal charges are not deemed appropriate by the on-duty supervisor, the subject shall be transported to an appropriate mental health facility for treatment. It is the preferred response to mentally ill persons accused of Misdemeanor C offenses to be cited and transported to an approved mental health facility.

612.3.6 REPORTING REQUIREMENT 1. The primary officer responding to those situations outlined in this policy will complete an offense report and each involved officer should complete a supplement to the report. 2. Reports and supplements will be of sufficient detail to accurately describe the mental status of the subject.

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. PEACE OFFICER'S EMERGENCY Published with permission by Pearland Police Department EVALUATION - 282 Policy Pearland Police Department 613 Policy Manual

JUVENILE PROCEDURES

613.1 PURPOSE The intention and objective of the Pearland Police Department is to provide clear and concise departmental procedures for the handling, care, detention, and disposition of juvenile offenders in compliance with Title 3 of the Texas Family Code and to establish a procedural guideline recognized and authorized by the juvenile court systems of Brazoria, Fort Bend and Harris Counties, Texas.

613.2 DEFINITIONS A. Child - A person who is at least ten (10) years of age and under seventeen (17) years of age. B. Conduct Indicating a Need for Supervision 1. Conduct, other than a traffic offense, that violates either: (a) The Penal Laws of this State of the grade of misdemeanor that are punishable by fine only; or, (b) The Penal ordinances of any political subdivision of this State 2. The absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school; 3. The voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return; 4. Conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code; 5. An act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code; or, 6. Conduct that violates a reasonable and lawful order of a court entered under Section 264.305 C. Delinquent Conduct 1. Conduct, other than a traffic offense that violates a Penal (criminal) Law of this state or of the United States punishable by imprisonment or by confinement in jail. 2. Conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in: (a) A justice or municipal court; or,

JUVENILE PROCEDURES

(b) A county court for conduct punishable only by a fine 3. Conduct that violates Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or, 4. Conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense). D. Detention - When a child is taken into custody, he or she has been placed in detention. A juvenile is never “arrested”, only “detained” and the word “arrest” should never appear in a Juvenile Offense Report. E. Driving While Intoxicated or Driving Under the Influence of Drugs- This is conduct indicating a need for supervision which violates the Laws of this State prohibiting driving while intoxicated or under the influence of intoxicating liquor (first or subsequent offense) or driving while under the influence of any narcotic drugs or of any other drug to a degree which renders a person incapable of safely driving a vehicle (first or subsequent offense). F. Illegal Use of Glue and Paint - This is conduct indicating a need for supervision when it violates a city ordinance or State Law involving the inhaling of the fumes or vapors of paint and/or other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 484.002 of the Health and Safety Code. G. Juvenile - A child is as defined by Title 3 of the Texas Family Code. H. Runaway- A child is considered a runaway if he/she is voluntarily absent from his/ her home without the consent of his/her parent or guardian for a substantial length of time without the intent to return. This is classified as Conduct Indicating a Need for Supervision. For this purpose “child” does not include a person who is married, divorced, or widowed. I. Truancy - This is conduct indicating a need for supervision. This is the unexcused voluntary absence of a child from school on ten (10) or more days or parts of days within a six (6) month period, or three (3) or more days or parts of days within a four (4) week period.

613.3 PROCEDURES

613.3.1 NON-CUSTODIAL SITUATIONS 1. Traffic Situations (a) If a juvenile has passed his/her fourteenth (14th) birthday, a traffic citation may be issued for a traffic violation. The citation may charge the juvenile offender with the violation in traffic court or it may be a warning citation. (b) If a juveniles does not possess a valid driver’s license a citation should be issued, and a parent, guardian, or other responsible adult will be contacted to come to the location of the traffic stop where the juvenile and the juvenile’s motor vehicle will be released to their custody, if at all practical. 2. Driving While Intoxicated and Driving Under the Influence of Drugs:

JUVENILE PROCEDURES

(a) The juvenile who is taken into custody for investigation of D.W.I. or D.U.I.- Minor offense may be processed by a breath or blood test in the same manner as an adult. The video recording of a juvenile offender must be maintained on digital media separate from adults. Juveniles shall not be in the presence of adult prisoners during processing. (b) A parent, guardian, custodian, or other responsible adult should be promptly notified. The juvenile may be placed in the juvenile processing office for temporary detention until released. (c) Intoxicated juveniles will be released to a parent, guardian, custodian, or other responsible adult upon the person’s promise to bring the juvenile before the Court when requested by the Court unless that juvenile is also charged with a felony. 3. Custodial Situations Regarding Criminal Activity Truancy and Runaway and Status Offender (a) Federal guidelines (Juvenile Justice and Delinquency Prevention Act, Public Law 93-415, as Amended Section 223 (A) (13), provide that no juvenile shall be detained or confined in any jail or lockup for adults (b) Juveniles who are accused of non-status offenses may be detained in the Juvenile Processing Office for a period not to exceed 6 hours: 1. For processing or release; 2. While awaiting transfer to a juvenile facility; or 3. In which period such juveniles make a court appearance, and 4. Only if such juveniles do not have contact with adult inmates. (c) For purposes of the Juvenile Log Book officers shall indicate that juveniles detained in the Juvenile Processing Officer are ‘LOCKED.’ Access in and out of the PSB Juvenile Office is secured by electronic locks; therefore the office is considered secured or locked. 4. Custodial Situations Regarding Truancy, Runaway and other Status offenses. (a) In all cases of truancy, runaway, City curfew violations, tobacco violations, MIP, Consumption of Alcohol by a Minor, DUI-Minor and juvenile immigration status, juveniles detained shall NOT be transported to the Juvenile Processing Office. Status offenders shall be transported to the Outside Agency office located in the lobby of the Public Safety Building until such time that a parent, custodian, or other responsible adult may be contacted and the offender can be released to that person. (b) Officers taking reports for runaway should insure that the parent or custodian is fully aware that when a juvenile is apprehended; the juvenile will be released back to them and will not be held in detention.

JUVENILE PROCEDURES

(c) Parents or custodians should be encouraged to provide the officer with an alternative responsible person to whom the officer may release the juvenile in the event the parent or custodian is not available when the juvenile is apprehended. (d) The officer should make the parent or custodian aware that if another responsible person is not designated by the parent or custodian, then the officer must release the juvenile to the least restrictive environment, which may mean leaving the juvenile on the doorstep of their home. (e) It shall also be explained to the parent or guardian that if the runaway child is located out of the immediate area, transportation must be furnished by the parent or guardian. The only exception to the placement of juveniles in Detention Facilities is in those cases of exceptional circumstances, such as out of state, or out of the county juveniles, in which case said juveniles may be held up to twenty-four (24) hours in the Brazoria County Juvenile Facility. (f) It shall also be the policy of this department that runaway reports will not be accepted when the juvenile has been told to leave by the parents or guardian, nor will we accept Runaway Reports when the parents or guardian have full knowledge of the juvenile’s whereabouts and are simply wanting an officer to force him/her to come home. (g) In all cases a Runaway Report should be forwarded to the appropriate County Juvenile Probation Department. 5. Class C Misdemeanors (a) Municipal and Justice Courts have jurisdiction over juvenile offenders. (b) The Family Code, Section 51.08(a), includes traffic offenses, fine-only offenses, except public intoxication, and city ordinances offenses that are filed in criminal courts as those that do not have to be transferred to juvenile court except as provided by Section 54.02(. Multiple traffic convictions may not be used to transfer jurisdiction back to juvenile court. (c) The Family Code provisions strongly restrict fingerprinting and photographing of juveniles. Therefore, there will be no fingerprinting or photographing of juvenile offenders charged with fine-only offenses. All other photographs and fingerprinting will be done in accordance with Section 58.104 of the Family Code. (d) In all instances, violation of Class C or fine-only offenses, excluding public intoxication, but to include traffic, runaway, and truancy, will be cited in the same manner as a traffic violation and given a court date to appear with a parent or legal guardian. The court date will be the first court date available that is established by the Municipal Court Judge or Justice of the Peace, but no earlier than fourteen (14) days. (e) In these cases the juvenile should be counseled and released in compliance with this policy. It will be the responsibility of the Municipal Court to forward Class C Misdemeanor offense reports to the appropriate County Juvenile Probation Department.

JUVENILE PROCEDURES

(f) In the event that the commission of a Class C Misdemeanor also constitutes a violation of a lawful Order of a Juvenile Court as defined in Title 3 of the Texas Family Code (for example: a lawful term of the Order of Probation). In such a situation the officer, if he or she is aware that the juvenile is on probation should contact the appropriate County Juvenile Probation Department. 6. Follow Up Investigation - Juvenile offense cases, which are not disposed of by Patrol, are referred to C.I.D. for follow-up, as any other offense report would be handled. Investigations, whether involving juveniles or adults, include the same investigative techniques.

613.3.2 CUSTODIAL SITUATIONS - A JUVENILE OFFENDER MAY BE DETAINED FOR ANY OFFENSE AN ADULT MAY BE ARRESTED FOR. 1. In a case involving a serious crime such as aggravated robbery, sexual assault, murder, etc., (the type of case which calls for potential adult certification) the officer should take the offender to a Detention Facility such as in Angleton, Houston, Richmond or to an office or official designated by the Juvenile Court. (If an officer takes the juvenile to a place, other than an approved facility, such as a Justice of the Peace building, then the admissibility of such confessions may be questioned depending upon the particular circumstances). The department Juvenile Processing Office is certified for brief (6 hours) detainments. 2. Class A and B Misdemeanors and Felonies - These offenses are all considered delinquent offenses. If the juvenile has committed a serious offense he/she should be placed in the designated detention facility. Placing the juvenile in detention should be followed in all felony cases and the seriousness of the offense should be a determining factor as to whether or not to place the juvenile in detention for a Class A or B misdemeanor offense. 3. An officer of the department may take a juvenile into custody: (a) Pursuant to an order of the Juvenile Court. (b) Pursuant to the laws of arrest. (c) If there are reasonable grounds to believe that the juvenile has engaged in delinquent conduct or conduct indicating a need for supervision. 4. Release or Delivery to Court - An officer of this department taking a juvenile into custody without unnecessary delay and without taking the juvenile elsewhere, shall do one of the following: (a) Release the juvenile to his parents, guardian, custodian of the child, or other responsible adult upon that person’s promise to bring the juvenile before the Juvenile Court when requested by said Court. (b) Bring the juvenile before an office or official designated by the Juvenile Court if there is probable cause to believe that the child engaged in delinquent conduct or conduct indicating a need for supervision. (A Custody Order can order the officer to take the juvenile to a specific magistrate).

JUVENILE PROCEDURES

(c) Bring the juvenile to a detention facility designated by the Juvenile Court. (Such as a county juvenile detention facility). (d) Bring the juvenile to a medical facility if the juvenile is believed to suffer from a serious physical condition or illness that requires prompt treatment; or (e) Bring the juvenile to a designated juvenile processing center/office for processing. (Such as the designated juvenile processing office at the Pearland Police Department). (f) Dispose of the case in compliance with procedures designated in this policy regarding disposition with referral to Court. 5. Disposition without Referral to Court - An officer of the department, after taking a juvenile into custody, may dispose of the case without referral to court if: (a) Department Juvenile Policies have been approved by the Juvenile Court. (b) The disposition is authorized by departmental policy. (c) The officer makes a written report specifying the reasons for believing that take the juvenile into custody could have been or was authorized. (d) This disposition does not authorize keeping the juvenile in Law Enforcement custody. (e) Periodic reporting to a Law Enforcement Officer or Agency is not authorized. (f) Referral of the juvenile to another agency other than Juvenile court is authorized. (g) A brief conference with the juvenile and his/her parent, guardian, or custodian is authorized. (h) If the case is unfounded, the case should not be forwarded to the Juvenile Probation Department. 6. Procedural Policies (a) Juveniles placed in the department designated juvenile processing center/office will be given a pat-down search. If a strip-search is warranted and approved by a supervisor, it should be conducted by an officer of the same sex as the juvenile. Probable Cause should exist prior to the strip search to believe that the juvenile is hiding drugs, evidence, or weapons. (b) In custodial and/or detention situations the juvenile’s parents, guardian, custodian of the child, or other responsible adult will be contacted promptly, without unnecessary delay. If an attorney, parent or guardian requests to be with the child during processing the department will accommodate the request. (c) Under normal circumstances a juvenile’s name should not be broadcast over a radio. (d) No information concerning the juvenile may be released to anyone except another Law Enforcement Agency or Division of the Juvenile Court without the Court’s approval.

JUVENILE PROCEDURES

(e) Handcuffing of a juvenile taken into custody is not prohibited by any recommendation of this policy. (f) Juveniles in a custodial situation in the department will be kept out of physical and visual contact with any adult prisoners who are in custody. This also includes keeping juveniles out of sound contact with any adult prisoners who are in custody.

613.3.3 BOOKING PROCEDURES 1. The Pearland Police Department has approved juvenile facilities in which a juvenile can be detained for up to six (6) hours before he or she must be transported to the County facility. 2. Status offenders (runaways, truants, minors in possession of alcohol, etc.) should not be placed in any type of lock-up and handled as specified in 613.3.1-4, this directive. 3. The officer detaining a juvenile should fill out a Juvenile Offense Report and detention record in its entirety. 4. The name of the detained juvenile will be logged on the Juvenile Log located in the juvenile booking office. This information is required to document compliance with the Federal Juvenile Justice and Delinquent Prevention Act. The log must indicate that the juvenile is LOCKED as access in and out of the office is controlled by electronic locks. 5. Juvenile property should be placed in a property bag and placed in the receptacle located in the Juvenile Processing Office. 6. Juveniles being held in a Juvenile Processing Center/Office cannot be held behind locked doors and CANNOT be left unattended at any time.

613.3.4 DISPOSITION OF DETAINED JUVENILES 1. Detained juveniles may only be released to a parent, guardian, or custodian of the child. If the detaining officer is unable to contact a parent, guardian or other adult family member, the juvenile should be transported to the appropriate County facility. 2. When a detained juvenile’s parents, guardian, or custodian of the child cannot be contacted within a six (6) hour period of actual detention, the juvenile offender should be transported to the custody of the Juvenile Probation Department of the respective county of the offense. 3. If the juvenile has committed a serious offense or is a continual repeat offender, he/ she should be held and transferred to the custody of the appropriate County juvenile authority. (a) The County Juvenile Detention Center should not be utilized for the detention of juveniles who are being handled for a Class C Misdemeanor, except Family Violence, or a violation of a penal ordinance of a political subdivision. (b) Any ward of the Texas Youth Commission may be placed in the Juvenile Detention Center regardless of the nature or level of the offense.

JUVENILE PROCEDURES

(c) Suspected illegal aliens who are charged with a Class C Misdemeanor or a violation of penal ordinance of a political subdivision may be placed in detention only after a formal request is made by the immigration authorities. 4. If the juvenile is detained for misdemeanor or non-violent offenses he may be released to the custody of his/her parents, guardian, custodian of the child or responsible adult relative. The officer will complete an offense report. 5. Dispositions may differ with the respect of the County of the arrest.

613.3.5 REPORTING PROCEDURES FOR JUVENILE CASES 1. A juvenile offense reporting form will be attached to original offense reports for juveniles that have been transported to the Brazoria County Juvenile Detention Center. 2. All juveniles detained in the Juvenile Processing Office are to be given Juvenile I.D. numbers. 3. All Juvenile Offense Reports are to have the appropriate sections completed indicating that the report contains juvenile information. 4. For offense reports in which adults and juveniles are both involved, the juvenile’s name should be properly coded in the offense report in order to comply with State Law. 5. No information concerning a juvenile offender may be released to anyone except the juvenile’s parent(s) or another police agency without the specific approval of the Juvenile Court. 6. Adult offense reports containing names of juveniles are not to be considered files and records of a juvenile, but are to be considered as “reports of crimes” and shall not be subject to the provisions of Section 51.16 of the Title III of the Texas Family Code. 7. All existing index references that can lead an inquirer to an offense report based on the name of the particular child shall be considered files and records under Section 51.17 of the Family Code 8. Complainants wishing to pursue a civil case of action against a juvenile or his/her family shall be referred to Juvenile Probation with the offense report number. 9. School Notification – A police officer detaining a juvenile for an offense listed in CCP 15.27 is required to notify school officials of the arrest of any person (or referral of a juvenile) according to 607 Arrest Procedures.

613.3.6 FINGERPRINTS AND PHOTOGRAPHS 1. Fingerprints of the juvenile shall be taken on all class B or higher offenses. One CR43J will be completed for the first charge and one CR44J for each additional charge. Both forms will be taken with the juvenile to the appropriate Juvenile Detention facility. The juvenile detention facility will retain its copies and the forms will be returned with the officer to be attached to the original report. In the event the juvenile is not transported to a Detention facility all copies will be attached to the report. The appropriate cards will be forwarded with a copy of the report to the appropriate Detention facility.

JUVENILE PROCEDURES

2. Photographs of juveniles detained for class B or higher offenses shall be taken for investigative purposes only. For the purpose of this section only, videotaping shall be considered the same as photographs. 3. If a petition is not filed or the petition is dismissed in court, then the fingerprints or photograph must be destroyed. 4. A child in custody for delinquent conduct whose identity is unknown to law enforcement authorities may be fingerprinted or photographed for the sole purpose of identification and only after other reasonable efforts to identify the child has been made.

613.3.7 INTERVIEWS 1. Prior to taking the child into custody, the law enforcement officer may: (a) Conduct “on-scene” investigations and interviews, or (b) Interview juvenile suspect at his home, school, etc. 2. A child may be interviewed regardless of age. If the child is in detention, he/she may be removed, and/or interviewed for any offense with the following conditions: (a) A juvenile court judge or magistrate must be contacted prior to the interview or release to a law enforcement officer. (b) The child should be informed of his rights by the magistrate prior to being interviewed. (c) If there is an attorney of record, then the attorney must give his/her approval before the child may be interviewed by a law enforcement officer. 3. No written statement may be taken from a juvenile in custody until he/she has received his/her Juvenile Miranda Warnings from a Magistrate at an approved designated office or juvenile facility. 4. An officer obtaining a Waiver of Rights prior to interview should insure that the waiver is compliant with Family Code Section 51.09 Waiver of Rights. 5. An officer interviewing juveniles shall conduct that interview compliant with Family Code Section 51.095 Admissibility of a Statement of a Child.

613.3.8 POLYGRAPH 1. Juveniles in custody may be polygraphed only in accordance with FC 51.151 Polygraph Examination. 2. Juveniles not in custody may be polygraphed with the permission of the juvenile’s parent or guardian.

613.3.9 JUVENILE SUSPECT IDENTIFICATION 1. Juveniles shall not participate in physical line ups. 2. Complainants and witnesses may be transported to the location of a juvenile’s initial detention for identification purposes.

JUVENILE PROCEDURES

613.3.10 EVIDENCE 1. A consent to search for property or clothing believed to be in possession of the juvenile must be signed by the child or parent. If consent for search is refused and cannot otherwise be made pursuant to the laws of search and seizure, a search warrant must be obtained. 2. If the child is in detention and the property sought is in the physical custody of the detention center, the property may be released to law enforcement authorities. In such a case, a notation on the property receipt book of the date and time of release, as well as the person accepting custody of the property, will be made by detention personnel. (a) Hair Samples - If a juvenile refuses to consent in writing, permission of the court must be obtained. (b) Blood, skin, saliva, urine, or both bodily fluids - If a juvenile refuses to consent in writing, a search warrant must be obtained. (c) If the juvenile probation department personnel are requested to take physical samples from the juvenile, permission of the Juvenile Court must be obtained even if the child consents

SPECIAL THREAT SITUATIONS

614.1 PURPOSE It is the policy of the Pearland Police Department that if a Special Threat Situation exists then the Combined Agency Response Team (CART) personnel (i.e. officers specially equipped and trained in containment, assault and firearms tactics) shall be notified. The goal to be pursued in such situations is to de-escalate the situation and facilitate the safe release of all hostages and the successful termination of the operation without loss of life.

614.2 DEFINITIONS A. Barricaded Suspect - Any person who has the demonstrated capability to and/or the stated intention of causing the death of or great bodily harm to any other person and has achieved tactical superiority by the use of a physical obstruction (including, but not limited to, buildings, open fields, vehicles, or any other natural or man-made barrier). B. Combined Agency Response Team (CART) - Officers specially equipped and trained in containment, assault, and firearms tactics. This team is comprised of members from each of the participating cities. C. Debriefing/Interviewing - The presenting of all pertinent information for a formal report. D. Hostage Situation - Any incident where the possibility exists that a barricaded suspect may be holding a hostage, or available information indicates that the suspect is holding a hostage. E. Inner Perimeter - The area of containment closest to the suspect. F. Outer Perimeter - The area of containment that prevents outsiders from interfering with the situation or being injured during the incident. G. Sniper - Any person who causes or attempts to cause the death of or bodily injury to other persons by discharging a firearm from an initially concealed position. H. Special Threat Situation - Any situation involving a sniper, a barricaded suspect with or without one or more hostages, or any terrorist activity

614.3 PROCEDURES

614.3.1 PHILOSOPHY STATEMENT The department's special threat situation plan contains a contemporary approach toward peacefully resolving special threat situations: The use of specially trained personnel in the art and science of hostage negotiation. The overall philosophy is one of "buying time" through the use of specialized communication techniques and equipment. The stabilizing of the life-threatening situations through containment and negotiation tactics creates the necessary problem solving stages for peacefully resolving these volatile incidents. As a general rule, the more time a suspect has to discuss and consider solutions for resolving conflicts, the greater the success rate of obtaining the peaceful surrender of the suspect and/or the safe release of any hostages. The

SPECIAL THREAT SITUATIONS saving of human life: whether it be the hostage's, the suspect's, the involved police officers' or other innocent persons' is the primary goal in dealing with special threat situations.

614.3.2 PATROL PROCEDURES 1. Uniformed Officers - The first officers to arrive at the scene, usually patrol officers, shall do the following: (a) Determine that a special threat situation exists and notify the police dispatcher. (b) Try to confine the suspects within the smallest area possible without compromising their own safety. (c) Contain the suspect by establishing an inner perimeter. (d) Immediately try to establish voice contact with the suspect to determine the facts of the situation. (e) Determine if the suspect or hostages are present, whether the suspect or hostages are injured and whether the suspects want to surrender. (f) Exhibit a calm, professional demeanor while making voice contact with the suspect. (g) Determine whether the area should be evacuated. (h) Relay the following information to the dispatcher as soon as it becomes available: 1. Location of hostages 2. Description of the suspect and his weapon(s) 3. Possible avenues of escape 4. Location to which additional units should respond 5. Any area or streets that may be unsafe for responding units to enter. (i) Detain all witness for debriefing. (j) Upon being relieved, immediately report to the command post for debriefing. (k) Remain at the scene until debriefed and released by the supervisor assigned to the case. 2. Unit Originally Assigned to the Call (a) The uniformed unit originally assigned to the call by the dispatcher is responsible for making the original offense report and filing charges when necessary. (b) If this unit is unable to remain at the scene, the unit may be relieved by the patrol supervisor at the scene only after one of the following has occurred:

SPECIAL THREAT SITUATIONS

1. A complete, original offense report that includes all details up to the time CART took control of the scene has been made and has been left with the patrol supervisor or with the relief unit. 2. The patrol supervisor has assigned a unit to replace the original unit. This replacement unit will stand by to take custody of any prisoners, file charges, when necessary and supplement the original offense report. 3. If the circumstances warrant having the Detective Division handle the original offense report, the uniformed officers need only supplement the original report as required by the investigators in charge of the investigation.

614.3.3 SUPERVISOR PROCEDURES 1. After a field patrol supervisor has established that a special threat situation does exist, he will notify the dispatcher who will request the response of CART and will notify the Patrol Division Commander, and the Chief of Police. 2. The Patrol Supervisor shall: (a) Give the dispatcher all pertinent information about the special threat situation, such as current location, number of suspects, and number of hostages, as soon as this information is available. (b) Establish a temporary headquarters for mobilizing patrol personnel. (c) Direct all responding officers to report to him for assignments and debriefing. (d) Verify that CART has been requested and that Pearland EMS has been notified. (e) Give the operational command post a diagram showing the unit's radio numbers and the location of the outer perimeter. (f) Contact the department Public Information Officer. 1. The PIO will report to the command post for briefing. 2. The PIO will insure that all members of the press assemble in a press information area and do not interfere with or disrupt the operation. 3. The PIO will handle all inquiries by the media, coordinating with the command post as necessary. 3. Patrol Commander - The patrol commander shall do the following: (a) Assume overall command of operations unless relieved by the Chief of Police. (b) Maintain control of the outer perimeter unless relieved by an officer of the CART team. (c) Insure the establishment of a temporary headquarters and a press information center. 4. Assistant Chief of Police/Field Operations or his designee - The Assistant Chief of Police/Field Operations or his designee shall do the following: (a) Assume overall command of on scene operations.

SPECIAL THREAT SITUATIONS

(b) Maintain liaison with concerned agencies and other jurisdiction. (c) Insure the establishment of a command post (separate from but reasonably close proximity to the tactical command post) for the operation. (d) Gather all intelligence from debriefings of CART. (e) Determine the need for the Detective Division to conduct an on scene investigation. (f) Call on any other departmental resources needed to enhance the operation. (g) Obtain maps of the area and a floor plan of the effected location for the CART team. (h) Insure the availability of persons with needed technical skills or persons with pertinent knowledge regarding the incident. (i) Critique the complete operation. 5. Chief of Police - The Chief of Police or his designee shall do the following: (a) Insure the availability of the department's resources for the successful conclusion of the situation. (b) Alter the operation if he deems necessary. (c) Establish and direct an advisory panel (which may include any member of the department or private sector civilians) charged with formulating strategies and developing plans of action.

614.3.4 CART PROCEDURES (a) Upon arrival at the scene, the Combined Agency Response Team (CART) personnel will normally relieve the patrol officers containing the situation, establish the inner perimeter and continue to evacuate the area. (b) The CART commander officer, after consulting with the highest-ranking Pearland officer on the scene, will decide which containment and tactics to use. (c) After the CART operational commander arrives, he will coordinate, along with the Pearland Supervisor, the establishment of the outer perimeter boundaries by excluding vehicular and unnecessary pedestrian traffic. (d) The operational commander shall also establish a mobilization point, a temporary headquarters and a press information center along the outer perimeter boundaries.

614.3.5 COMMUNICATION DIVISION 1. After the telecommunications operator has been told that a special threat situation has developed, he/she will immediately direct the patrol supervisor to respond, if one is not already at the scene. The telecommunications operation will also relay this information to the Chief of Police and Patrol Commander. 2. Upon direction from the supervisor, the dispatcher shall do the following: (a) Assign a dedicated radio frequency;

SPECIAL THREAT SITUATIONS

(b) Advise responding units of streets or areas that may be unsafe; (c) Keep radio transmissions not connected with the special threat situation off the dedicated frequency; (d) Prepare and transmit a call up page to CART. This page will provide the following information: 1. The nature of the special threat situation. 2. The location of the special threat situation. 3. A safe route to the command post. 4. Any other information deemed important by the field supervisor; And, 5. If possible, obtain a telephone number where the CART coordinator can personally speak with the involved supervisor.

614.3.6 DETECTIVE DIVISION 1. Detectives shall be assigned to a special threat situation when their investigative skills are needed i.e. (someone has been injured or killed by the hostage taker, an officer has been involved in a shooting), or under those circumstances normally requiring original investigation by the Detective Division.

614.3.7 JURISDICTIONAL RESPONSIBILITY 1. If the hostage victim is a foreign official or an official guest of the United States, jurisdiction is shared concurrently by the FBI and the local law enforcement agency. 2. If the control of the situation was initiated by the local agency, operational command is retained by it until or unless the FBI clearly indicates that it wants to assume command of the situation. If the FBI assumes command, it also becomes responsible for terminating the operation. (a) If the special agent in charge or his designee (i.e., the senior agent at the scene) indicates that jurisdiction remains concurrent, decisions will be made jointly by the operational commander and the senior FBI agent at the scene. This facilitates a successful integration of the operation. (b) During operations where responsibility is deemed to be concurrent, every effort shall be made to insure mutual agreement in the decision-making process prior to conducting tactical operations. 3. If the hostage situation results from the commission of a federal crime (e.g. bank robbery), jurisdiction is shared concurrently by the FBI and the local agency. If control of the operation was initiated by the local agency, control is retained by it until the senior FBI agent indicates that the bureau wants to assume exclusive responsibility.

BOMB THREATS AND SEARCHES

615.1 PURPOSE While many bomb threats are later determined to be hoaxes, they all present particularly serious response requirements for law enforcement agencies. It is the policy of this law enforcement agency that all responses to bomb threats or emergencies be conducted systematically, efficiently and in a manner that gives primary consideration to the protection of human life. It is the purpose of this policy to provide officers with a protocol for dealing with threatened bombings to include response, deployment, search, evacuation and assistance to specialized units.

615.2 DEFINITIONS None

615.3 PROCEDURES

615.3.1 COMMUNICATIONS RESPONSIBILITIES 1. Communications personnel receiving bomb threats or warnings from callers shall, to the degree possible, (a) keep the reporting party on the line; (b) identify the location of the device with as much precision as possible and determine when it will be or if it has been detonated; (c) determine what type of explosive device is involved; (d) attempt to determine 1. what the device looks like; 2. the type of bomb is involved; 3. what will make it detonate, (e.g., radio signal, time delay fuse); and 4. why it was placed. (e) be alert to 1. exact wording of the threat; 2. estimate demographics of the caller; 3. nature/character of the caller’s voice; 4. nature of any background noises; and (f) dispatch appropriate field units and other emergency service personnel. (g) If possible, this information should be documented on the Bomb Threat Information Sheet (attached as exhibit A). 2. Communications personnel receiving reports from individuals or organizations that have received bomb threats shall:

BOMB THREATS AND SEARCHES

(a) Attempt to determine the location, time of detonation, appearance and any other available information concerning the nature of the threat or the identity of the perpetrators; (b) if no explosive device has been identified, ask that the caller alert employees and others to unusual parcels or items on the premises; (c) dispatch requisite patrol units and emergency personnel; (d) where appropriate, notify other local, state or federal law enforcement agencies; and (e) dispatch a patrol supervisor to the incident.

615.3.2 SEARCHING FOR EXPLOSIVE DEVICES 1. If an explosive device is alleged to be within a building but has not been located, the primary officer or supervisor on scene will contact building owners/management or other responsible persons to determine if a search of the facility is desired. 2. The decision to search, evacuate or reenter a structure/location during a bomb threat will be the responsibility of the individual in charge of the property. (a) The primary officer or supervisor at the scene shall provide information as available to the responsible parties in order to assist them in making decisions on searching, evacuation or reentry. (b) If management or the responsible agent does not wish that a search be conducted, no further action of this agency is warranted, other than the completion of an offense report as required. (c) Only in cases where a real or suspected explosive device has been detected should an evacuation be conducted. 3. Searches of target buildings should be conducted only with the direct assistance of employees or others knowledgeable of the contents and layout of the building. (a) The on-scene supervisor should request the assistance of a bomb detection canine as covered in 402 Canine Operations. (b) A search plan shall be developed identifying the extent of the search depending upon the type of establishment, the motivation of the perpetrator and accessibility of the building. (c) A floor plan shall be obtained whenever possible, and a systematic search organized by the on-scene supervisor. (d) In no case shall agency personnel declare that no bomb is present or in any way make the representation that the building is safe to occupy, no matter how thorough the search. 4. When conducting a search, officers should be particularly alert to the following items that may be considered as common indicators there may be explosives at the location: (Officers should be cautioned that absence of the following does not assure no bomb is present)

BOMB THREATS AND SEARCHES

(a) Explosives-related pamphlets, periodicals and books; (b) Excessive amounts of galvanized or PVC pipe nipples and end caps, especially if they have drill holes in the nipple or cap; (c) Low-explosive powders or other incendiary mixtures; (d) Fuses of any type to include homemade burning fuses, such as string soaked in a burning powder; (e) Electrical switches; and (f) Electrical matches, blasting caps or similar initiators.

615.3.3 LOCATED EXPLOSIVE DEVICES 1. If a real or suspicious device has been located, or paraphernalia identified (such as noted in item 4 above), officers should: (a) not attempt to move or otherwise disturb the device(s); (b) limit any radio or cellular communications within 300 feet of the device; (c) proceed with immediate evacuation of the structure and/or the area to a point consistent with the threat but not less than 300 feet from the device(s); (d) define and secure the perimeter; (e) notify the Fire Department; and (f) notify a bomb squad: 1. Houston Police Department (713-646-3910) 2. Bay Area Regional Bomb Squad (BARBS) by contacting any of the participating agencies (League City, Pasadena, or Baytown Police Departments). 2. The bomb squad commander shall have functional authority at any bomb emergency to direct agency personnel in a manner necessary to accomplish its mission in a safe and efficient manner.

ACTIVE ATTACK

616.1 PURPOSE The purpose of this policy is to provide protocols for assessing the threat and performing rapid intervention tactics to limit serious injury or loss of life during active attack situations. The priorities in responding to an active attack situation are: (1) stop the killing by isolating, distracting or neutralizing the threat, (2) stop the dying, by providing medical aid to the injured, (3) secure the scene, and (4) investigation.

616.2 DEFINITIONS A. Active Attack - An incident in which one or more armed persons have used, or are reasonably likely to use, deadly force in an ongoing manner, and where persons have been injured, killed, or are under imminent threat of death or serious bodily injury by such persons. B. L.C.A.N. Report - A report given verbally or over the air of the current situation. The acronym stands for “location” (where I am); “conditions” (what is the current situation); “actions” (what am I doing to address the situation) and “needs” (what are my immediate needs). C. Rescue Task Force - A team consisting of both security and medically trained personnel which can respond into an uncleared inner perimeter and provide immediate medical triage, aid, and evacuation to injured persons.

616.3 PROCEDURES

616.3.1 INITIAL OFFICER RESPONSE 1. The initial responding officer should intervene if rapid intervention is legally justified and reasonable. 2. The initial officer may base this decision on the presence of actionable intelligence or stimulus that would allow them: (a) The ability to isolate, distract, or neutralize the attacker; (b) The ability to deny the attacker access to additional victims, weapons, or avenues of escape; (c) The ability to rescue or provide aid to victims or bystanders, assuming no active attack is currently in progress. 3. The initial intervening officer should, as soon as practical, notify dispatch over the air: (a) Number of officers making entry, and the location of their entry point; (b) An L.C.A.N. Report; (c) A definition of the inner perimeter or “hot zone.” This defined area will serve to prevent additional responders from unintentionally entering an unsafe area.

ACTIVE ATTACK

4. If no actionable intelligence or stimulus exists, the initial officer may choose to wait for additional officers prior to making entry. 5. The initial responding officer will serve as the incident commander until relieved.

616.3.2 SECONDARY RESPONDING OFFICERS 1. Officers arriving after the initial responding officer should contact the initial officer and coordinate their actions with that officer. 2. Secondary responding officers shall base their determination to enter the inner perimeter on the criteria listed in 616.3.1-2 above.

616.3.3 TACTICAL GROUP SUPERVISOR 1. When it becomes apparent enough tactical resources have been deployed into the inner perimeter to address the threat, a responding officer, regardless of rank, should assume command from the initial responding officer. This officer will become the Tactical Group Supervisor. 2. The priorities of the Tactical Group Supervisor are: (a) Coordinate the actions of officers in the inner perimeter. (b) Assign additional resources as necessary. (c) Set up a staging area for resources not immediately needed inside the inner perimeter. (d) Assign a perimeter group. (e) Coordinate with responding Fire Department/Emergency Medical Services personnel to staff Rescue Task Forces and deploy them as needed.

616.3.4 FIRST ARRIVING SUPERVISOR / LAW ENFORCEMENT BRANCH MANAGER 1. The first police supervisor not responding into the inner perimeter shall assume command of the incident from the Tactical Group Supervisor. This supervisor will become the Law Enforcement Branch Manager. 2. The Law Enforcement Branch Manager will establish the location for the incident command post. 3. The Law Enforcement Branch manager will insure the Police Department Command Staff has been notified. This should be accomplished by notification of the Patrol Division Commander. If the Patrol Division Commander is unavailable or unreachable, the Law Enforcement Branch Manager will notify the on-call command personnel.

616.3.5 FIRST ARRIVING COMMAND LEVEL SUPERVISOR 1. Will assume command from the Law Enforcement Branch Manager and become the Incident Commander. 2. Will liaison with the Fire Department and outside responding agencies.

ACTIVE ATTACK

3. Will follow the NIMS process of incident command. Will activate a Unified Command if necessary. 4. Is responsible for keeping the Chief of Police and City leadership informed of events at the incident site.

616.3.6 RESCUE TASK FORCES 1. Officers who initially intervene into the inner perimeter shall administer first aid to injured parties following the guidelines of Tactical Emergency Casualty Care (TECC). 2. As soon as possible after the immediate active threat has been addressed Rescue Task Forces will be assembled and deployed into the inner perimeter to assess, treat and evacuate any wounded individuals.

616.3.7 SCENE TURN OVER 1. Once all wounded have been treated and evacuated, a slow and deliberate clearing of the inner perimeter will be performed. 2. After the area is designated clear by the Incident Commander, it will be turned over to the Investigative Branch for processing as a crime scene.

616.3.8 DEBRIEFING 1. As soon as reasonably possible after the incident, the department shall conduct a debriefing of personnel involved in the incident pursuant to 601 Major Incident Response.

MISSING PERSONS

617.1 PURPOSE This policy addresses the procedure for the reporting and investigation of missing persons as required by Chapter 63 of the Texas Code of Criminal Procedure.

617.2 DEFINITIONS A. Child – A person under 18 years of age. B. High-Risk Missing Person – A person who is missing: 1. As a result of an abduction by a stranger; 2. Under suspicious or unknown circumstances; 3. More than 30 days; or 4. Less than 30 days if there is reason to believe that the person is in danger or deceased C. Missing Child – A child whose whereabouts are unknown to the child’s legal custodian, the circumstances of whose absence indicate that: 1. The child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; 2. The child voluntarily left the care and control of the custodian without the custodian’s consent and without intent to return; or 3. The child was taken or retained in violation of the terms of a court order for possession of or access to the child, unless the taking and retention of the child was prompted by the commission of or attempted commission of family violence against the child or actor. D. Missing Person – A person 18 years or older whose disappearance is possibly not voluntary. E. Zone of Safety – The distance a child could travel from the location where last seen before he or she would most likely be at risk of injury or exploitation based on age, developmental stage, and related matters.

617.3 PROCEDURES

617.3.1 INITIAL INVESTIGATION GUIDELINES 1. Officers responding to a Missing Child or Missing Person call should: (a) Identify and interview the complainant to determine the circumstances regarding the Missing Child or Missing Person, including the last person in contact with them; (b) Verify that the person is missing;

MISSING PERSONS

(c) Obtain a complete description of the missing individual; and (d) Attempt to obtain a color photograph of the individual’s most current appearance. (e) If the individual is a Child, attempt to verify the custody status of the Child. 2. Officers should identify the missing individual’s zone of safety to determine how far the individual could travel before being at risk of injury or exploitation.

617.3.2 AMBER ALERT The Texas Department of Public Safety maintains the America’s Missing: Broadcast Emergency Response (AMBER) alert system and provides the following criteria for activation of the system for missing children: 1. The local law enforcement agency believes that a child has been abducted, including a child who: (a) Is younger than 14 years of age; and (b) Regardless of whether the child departed willingly with the other person, has been taken from the care and custody of the child's parent or legal guardian without the permission of the parent or legal guardian by another person who is: 1. More than three years older than the child and 2. Not related to the child by any degree of consanguinity or affinity; and 2. The local law enforcement agency believes that the abducted child is in immediate danger of serious bodily injury or death or of becoming the victim of a sexual assault; and 3. The local law enforcement agency confirms that a preliminary investigation has taken place that verifies the abduction and eliminates alternative explanations for the child's disappearance; and 4. Sufficient information is available to disseminate to the public that could assist in locating the child, a person suspected of abducting the child, or a vehicle suspected of being used in the abduction.

617.3.3 CAMO ALERT The Texas Department of Public Safety maintains the Camo alert system and provides the following criteria for activation of the system for missing current or former members of the United States armed forces, including the National Guard or a reserve or auxiliary unit of any branch of the armed forces: 1. The local law enforcement agency receives notice of a missing military member; and 2. The local law enforcement agency verifies that at the time the person is reported missing: (a) The person is registered for the Camo Alert program; and (b) The person suffers from a mental illness, including post-traumatic stress disorder or a traumatic brain injury

MISSING PERSONS

1. A physician’s or psychologist’s letterhead indicating the impaired mental condition, date of diagnosis, patient’s name, with physician’s signature is recommended as documentation of the mental illness; and 3. The local law enforcement agency determines that the person’s disappearance poses a credible threat to the military member’s health and safety or the health and safety of another. 4. Sufficient information is available to disseminate to the public that could assist in locating the person.

617.3.4 ENDANGERED MISSING PERSON The Texas Department of Public Safety maintains the America’s Missing: Broadcast Emergency Response (AMBER) alert system and provides the following criteria for activation of the system for endangered missing persons: 1. The local law enforcement agency receives notice of a missing person with an intellectual disability; and 2. The local law enforcement agency verifies that at the time the person is reported missing: (a) The person has an intellectual disability, as determined according to the procedure provided by Section 593.005, Health and Safety Code; and (b) The person's location is unknown; and 3. The local law enforcement agency determines that the person's disappearance poses a credible threat to the person's health and safety; and 4. Sufficient information is available to disseminate to the public that could assist in locating the person.

617.3.5 SILVER ALERT The Texas Department of Public Safety maintains the Silver alert system and provides the following criteria for activation of the system for missing senior citizens with a diagnosed impaired mental condition: 1. The local law enforcement agency receives notice of a missing senior citizen or person with Alzheimer's disease; and 2. Verifies that at the time the senior citizen or person with Alzheimer's disease is reported missing. (a) The person reported missing: 1. Is 65 years of age or older and has an impaired mental condition; or 2. Is a person with Alzheimer's disease; and (b) The person's location is unknown; and 3. Determines that the person's disappearance poses a credible threat to the person's health and safety.

MISSING PERSONS

4. The local law enforcement agency shall require the family or legal guardian of the missing senior citizen or person with Alzheimer's disease to provide documentation of the person's age and condition to verify the person's status and as soon as practicable, determine whether the person's disappearance poses a credible threat to the person's health and safety.

617.3.6 REPORTING REQUIREMENT 1. Officers shall initiate an incident report for all individuals alleged to be missing from Pearland. If it is found that a criminal offense occurred, the report should be titled for that offense. If there was no criminal offense, the incident report should be titled Missing Child or Missing Person. The report will be taken immediately, without the passing of an arbitrary time period. 2. If the individual is a Missing Child who voluntarily left the care and control of the custodian without the custodian’s consent and without intent to return, a Runaway report should be filed in accordance with 613 Juvenile Procedures. 3. Officers shall notify an on-duty supervisor if the individual missing is: (a) A High-Risk Missing Person; (b) Potentially subject to the issuance of an Amber Alert; (c) Potentially subject to the issuance of a Silver Alert; (d) Potentially subject to the issuance of a Camo Alert (e) A Child under the age of 12; or (f) In imminent risk to their safety or well-being due to a medical condition or mental impairment. 1. A supervisor notified under this section shall act in accordance with 601 Major Incident Response. 4. Officers shall provide Telecommunications personnel with the necessary information for entry into the national crime information center database in accordance with 800 Communications. 5. Officers investigating an incident wherein a Missing Child or Missing Person shall supplement the original report and provide Telecommunications personnel with the necessary information for removal of the individual from the national crime information center database in accordance with 800 Communications.

TRANSPORTATION IN POLICE VEHICLES

618.1 PURPOSE The purpose of this policy is to establish a procedure for the accepted use of police vehicles in the transportation of both police and non-police personnel, including the transportation of prisoners.

618.2 DEFINITIONS None

618.3 PROCEDURES

618.3.1 TRANSPORTATION OF CIVILIAN IN NEED 1. When an officer determines a situation exists that dictates the need to transport a civilian in a police unit, the officer shall: (a) Notify the police dispatcher of the officer’s starting and ending destination, advise of the sex of the passenger being transported, and the reason for such transportation, (these may be done via the MCT), and (b) Restrict the transport to the City of Pearland unless otherwise authorized by the shift supervisor. 2. An officer who transports a civilian in need shall not respond to any other assignment or call during the transportation.

618.3.2 TRANSPORTATION OF CIVILIAN CITY EMPLOYEES 1. Officers may transport a civilian city employee without authorization, so long as the transportation arises through the normal course of business or work assignment.

618.3.3 TRANSPORTATION OF OUTSIDE AGENCY PERSONNEL 1. This section is specifically designed to affect those outside officials who wish to ride in a Pearland patrol vehicle with an officer in the actual discharge of patrol duties. This section does not apply to the temporary transportation of outside officers for such things as training schools, seminars, or meal breaks, these may be done without authorization. 2. Any member of the Criminal Justice System who is employed by an outside agency must obtain authorization to ride from an on-duty supervisor. The rider shall be required to sign the Pearland Police Department Release Form prior to the transport. In all instances, the release form shall be forwarded to the Chief of Police’s Executive Assistant for filing. 3. If an outside agency peace officer as defined by CCP 2.12 or 2.121, or Special Investigators as defined by CCP 2.122 wish to ride and perform law enforcement duties, the personnel shall be in their employing agencies uniform.

TRANSPORTATION IN POLICE VEHICLES

618.3.4 CIVILIAN RIDERS/OBSERVERS POLICE RIDE-ALONGS 1. All Riders/Observers shall have a criminal history search performed before permission is given to participate in a ride-along. CPA class members and PCPAAA members have been pre-qualified as riders through the program. Riders/Observers must obtain prior approval from the on-duty supervisor prior to the ride-along. The rider shall be required to sign the Pearland Police Department Release Form prior to the transport. In all instances, the release form shall be forwarded to the Chief of Police’s Executive Assistant for filing. CPA class members and PCPAAA members have forms on file through the program. 2. Riders/Observers shall not be permitted during periods of emergencies or unusual circumstances. Rider/Observers who have been assigned to an officer prior to the emergency or unusual circumstance may continue to ride or be returned to the station as directed by the situation. 3. Riders/Observers shall not be permitted to perform any law enforcement functions above those normally required of citizens. They shall not interview any victims, witnesses, or suspects, handle evidence or be allowed access to crime scenes. 4. Should a problem develop in which the Rider/Observer becomes a hindrance to the police function, he/she shall be returned to the station immediately. 5. Civilian riders must be at least eighteen (18) years of age unless they are a member of the Pearland Police Explorer Post #411. 6. Civilian riders must be dressed in appropriate business casual attire. No civilian will be allowed to ride while wearing t-shirts, shorts, sandals or inappropriate footwear.

618.3.5 TRANSPORTATION OF PRISONERS 1. Prisoners should be transported in police vehicles equipped with protective shields and deactivated rear doors. 2. Prisoners shall be handcuffed or otherwise restrained and seat belted into the right rear seat whenever possible. An exception to this section can only be approved by the duty supervisor. 3. Reasonable efforts shall be made to secure the prisoner, but not to the extreme that it would endanger the safety of the arresting officer(s). 4. In instances when the officer is unable to safely secure the arrested person in a safety belt, the officer shall document the circumstances with Dispatch (this may be done over the police radio or the MCT). The officer or telecommunications operator shall update the call record accordingly. 5. Handcuffs are recognized as a very reliable temporary restraining device when properly used, but they are never to be used for long-term immobilization of a subject. Whenever an officer is making an arrest, handcuffs should be used to restrain and transport a suspect regardless of the suspect’s sex or age. This precautionary measure protects the officers from possible attack and helps prevent escape.

TRANSPORTATION IN POLICE VEHICLES

(a) Suspects shall be handcuffed behind the back unless age, injury, physical handicap or other circumstances exist where the arrestee is incapable of placing his hands behind his back. (b) Handcuffs shall be double-locked to insure they will not tighten when the suspect sits down. (c) Officers shall check the fit of handcuffs and respond promptly to suspect complaints of tightness, pain or inappropriate application - when it is safe to do so. (d) Officers may wish to loop the handcuffs through the suspect's belt to prevent the suspect from bending his handcuffed arms from his back to his front. Waist chain/belt or ankle cuffs may also be used when the situation dictates. 6. Prior to placing a prisoner in a police vehicle, both the prisoner and vehicle shall be searched for weapons and contraband. 7. When transporting prisoners, the officer shall notify the dispatcher of the beginning location, destination and sex of the prisoner. Upon arrival at the destination, the officer shall notify dispatch (this may be done via the police radio or via MCT). 8. It is the department’s preference to transport prisoners singly, unless circumstances dictate a specific need to do otherwise. Prisoners of the opposite sex should not be transported together unless circumstances dictate and only after approval of a supervisor. 9. Transporting officers shall not respond to calls for service or initiate any enforcement action while transporting prisoners. If exigent circumstances exist, the transporting officer may take action with approval of the shift supervisor. Officers shall notify the dispatcher of any incident that may require police response and summon additional units as needed.

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TOWING OF VEHICLES

619.1 PURPOSE The purpose of this directive is to provide direction for the towing of vehicles in accordance with State laws, City ordinances, and to meet the needs of the community.

619.2 DEFINITIONS A. Permit Holder - shall mean any person, partnership, corporation or other enterprises which has a valid auto wrecker or emergency auto wrecker permit issued by the city. This term shall be inclusive of the agents of such person, partnership, corporation or other enterprise.

619.3 PROCEDURES

619.3.1 ABANDONED VEHICLES 1. A. Upon encountering an abandoned vehicle, officers will: (a) Determine if the vehicle is a traffic hazard; (b) Attempt to contact the owner; (c) Provide protection for the abandoned vehicle; (d) Restore the orderly flow of traffic; and (e) Have the vehicle removed, if necessary. 2. If the vehicle is not a traffic hazard, it should be tagged with a forty-eight (48) hour warning notice or note. The officer should insure that the vehicle is checked at the end of the forty-eight (48) hour period. If the vehicle is still present and the owner cannot be contacted, it should be impounded. 3. If the vehicle is a traffic hazard and the owner cannot be contacted or cannot respond in an appropriate amount of time, the vehicle should be impounded. The officer shall complete a written report on the circumstances when such a vehicle is towed. Except for when an emergency exists, the officer shall obtain approval from the duty supervisor prior to impounding the vehicle. 4. A vehicle towed/removed under this section shall be entered into TCIC as a Stored Abandoned Vehicle

619.3.2 RECOVERED VEHICLE (STOLEN OUTSIDE OF PEARLAND) 1. Officers will contact the originating agency when vehicles stolen from outside jurisdictions are recovered in Pearland. 2. The stolen status shall be confirmed through Dispatch. 3. The originating agency should direct the disposition of the vehicle

TOWING OF VEHICLES

619.3.3 STOLEN VEHICLES (REPORTED TO PEARLAND POLICE DEPARTMENT) 1. If a vehicle reported stolen with this department is recovered by this department, Dispatch will attempt to contact the owner. If the owner cannot be contacted, the recovering officer shall note this in his report and the vehicle shall be impounded. 2. If the recovering officer or dispatcher is unable to contact the owner, it will be the responsibility of the assigned detective to insure that contact is made. All attempts to contact the owner shall be documented.

619.3.4 STOLEN VEHICLES (REPORTED TO PEARLAND / RECOVERED BY OUTSIDE AGENCY) 1. Vehicles reported stolen to this department and recovered in another agency shall be handled as described in Section 619.3.3 (2)(3) above.

619.3.5 TRAFFIC ARRESTS 1. When an officer physically arrests the driver or person in control of a vehicle, the officer shall provide for the security and removal of the vehicle in one of the following manners: (a) If the arrested person wishes to release the vehicle to a responsible person who is present at the scene at the time of the stop, the officer may do so after confirming the person is a licensed driver in a condition to assume control of a vehicle. (b) If the arrested person is unable to make arrangements or if the vehicle is subject to seizure or retention as evidence in a criminal case, vehicles will be removed as specified in Subsection 619.3.1 of this policy. 2. Vehicles towed as the result of an arrest shall be inventoried with all property listed on the Wrecker Slip. 3. A copy of the wrecker slip shall be maintained with the arrest folder and a copy attached to the offense report, if applicable

619.3.6 INVENTORY / WRECKER SLIPS 1. Vehicles towed by the department shall be inventoried with all property listed on a Wrecker Slip unless the vehicle is towed from an accident scene by a rotation wrecker and the owner/responsible party is still on scene and directs the removal.The white copy of the wrecker slip will be attached to the accident report, the yellow copy will be issued to the wrecker driver and the pink copy will be issued to the responsible party on scene. 2. In incidents where a driver/owner of a vehicle involved in an accident is transported to the hospital, officers shall complete a wrecker slip and inventory the vehicle. The white copy of the wrecker slip will be attached to the accident report; the yellow copy will be issued to the wrecker driver and the pink copy may be retained by the officer. 3. In the event the vehicle contains money, jewelry, or other valuable items, the officer shall secure these items and transport them with the arrested person. These items

TOWING OF VEHICLES

may be released to a third party with the permission of the owner, placed with the owner’s property in the jail or logged into the property room for safekeeping. 4. In light of the circumstances presented to the officer at the time of the inventory (such as the nature of the search and/or the characteristics of the container) officers can open or allow closed containers to remain closed on a discretionary basis.

619.3.7 NOTIFICATION 1. Every attempt should be made to notify owners and release vehicles as soon as possible.

619.3.8 CONTRABAND 1. Illegal items located during inventory shall be handled as any other contraband. 2. The appropriate offense reports and case reports will be prepared.

619.3.9 ROTATION WRECKER CALL OUTS 1. All vehicles towed by the Pearland Police Department shall be towed by an approved wrecker listed on the Wrecker Rotation List in Dispatch unless the owner (to include arrested persons or accident victims) requests a private wrecker service. 2. Officers will honor the request for a private wrecker provided that the wrecker service has a valid Auto Wrecker Permit issued by the State of Texas (not necessarily the City of Pearland) and that wrecker can respond in a reasonable amount of time and the vehicle to be towed is not subject to police impound for evidence. The officer shall note the circumstances of the vehicle removal in his written report. 3. Officers shall consult with the owners of vehicles in non-arrest situations prior to requesting a rotation wrecker. Officers may provide the owners of vehicles in non- arrest situations the opportunity to contact a private wrecker at the officer’s discretion. 4. When requesting a rotation wrecker officers will not specify that a rollback wrecker is needed. It is acceptable for a wheel lift wrecker to dolly a vehicle as this accomplishes the same function as placing a vehicle on a rollback. 5. If a subject on a scene requests a rollback wrecker, the owner of the vehicle must make arrangements for the tow on his own. 6. Wreckers called out by police should not to be placed back up on the rotation. Placing a wrecker back on top of the rotation requires the approval of a duty supervisor. This authorization shall be noted in the call for service

619.3.10 DOCUMENTATION 1. In addition to the officer’s wrecker slip a written log of all towed vehicles will be maintained by Dispatch.

619.3.11 HOLDS ON VEHICLES 1. Holds may be placed on vehicles towed by the department for questioned ownership, property hearings, property seizures for certain crimes, etc.

TOWING OF VEHICLES

2. Officers shall obtain approval from the duty supervisor before placing a hold on a vehicle and will document the hold in an offense report. 3. The wrecker company shall be advised by the officer at the scene that a hold has been placed and on what condition the hold will be removed. The wrecker company shall be advised of the case number and point of contact for the hold. 4. The officer initiating the hold shall update this information in the report management system under the appropriate case number prior to going off duty and will include under what conditions and what information is required for the hold to be removed. 5. When a hold is placed on a vehicle the City of Pearland (PPD) is responsible for the storage fees accrued due to the hold being placed. 6. Officers shall review the circumstances of holds they have placed on vehicles and update the report management system if the hold is expected to extend beyond 48 hours of the vehicle being towed.

619.3.12 ADDITIONAL PROCEDURES 1. Officers should verify that a wrecker called to a police incident has a valid Emergency Auto Wrecker permit issued by the City of Pearland. 2. Officers should not allow wreckers to respond to police incidents unless they are first contacted by the Police Dispatcher, or called by the owner of the vehicle to be towed. 3. Officers are not to recommend, influence the choice or solicit for any particular wrecker company. 4. Police Department Tows (a) Officers may direct a vehicle to be towed to the police station for any lawful purpose. (b) The wrecker company that originally towed the vehicle shall be required to submit a bill for the original tow to the Pearland Police Department. A wrecker slip shall be completed and turned in to the duty supervisor for approval of payment. Supervisors will forward the wrecker slip to the Patrol Division Administrative Secretary. (c) Once a towed vehicle is ready for release, the same wrecker company that originally towed the vehicle shall be called to the department to pick up the vehicle. A second wrecker slip will be completed with the white copy will be attached to the incident report, the yellow copy will be issued to the wrecker driver and the pink copy may be retained by the officer. The charges for the second tow of the vehicle become the responsibility of the owner of the vehicle. 5. Officers will make sure that wreckers do not leave the scene of an accident until they remove all debris from the roadway.

COMMUNICATING WITH THE DEAF AND HARD OF HEARING

620.1 PURPOSE It is the policy of the Pearland Police Department to insure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing.

620.2 DEFINITIONS Contained within

620.3 PROCEDURES

620.3.1 PROCEDURES 1. Philosophy Statement – This Agency has specific legal obligations under the Americans with Disabilities Act to communicate effectively with people who are deaf or hard of hearing. To carry out these policies and legal obligations, the Agency sets forth this policy. 2. People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided to other persons. 3. The Agency will make every effort to insure that its officers and employees communicate effectively with people who are deaf or hard of hearing. 4. Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation. 5. Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; use of a notepad and pen or pencil to exchange written notes; use of an assistive listening system or device to amplify sound for persons who are hard of hearing; or use of a qualified oral or sign language interpreter. 6. The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue. 7. In many circumstances, oral communication supplemented by gestures and visual aids or an exchange of written notes will be an effective means of communicating with people who are deaf or hard of hearing. In other circumstances, a qualified sign language or oral interpreter may be needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication. 8. Examples

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COMMUNICATING WITH THE DEAF AND HARD OF HEARING

(a) If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language. A qualified oral interpreter may be required to communicate effectively with someone who has been trained to speech read (read lips). (b) If a person is asking an officer for directions to a location, gestures or an exchange of written notes will likely be sufficient to communicate effectively. 9. To serve each individual effectively, primary consideration should be given to providing the type of communication aid or service requested by the individual. Officers should find out from the person who is deaf or hard of hearing what type of auxiliary aid or service he or she needs. Officers should defer to those expressed choices, unless: (a) There is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing; or (b) Doing so would fundamentally alter the nature of the law enforcement activity in question or would cause an undue administrative or financial burden; only the Agency head or his or her designee may make this determination. 10. The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including people who are deaf or hard of hearing. 11. People who are deaf or hard of hearing must not be charged for the cost of an auxiliary aid or service needed for effective communication.

620.3.2 ON-CALL INTERPRETIVE SERVICES 1. The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually. 2. A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who speech reads) what is being said by the officer and be able to voice to the officer what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the

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COMMUNICATING WITH THE DEAF AND HARD OF HEARING

deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or for the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary).

620.3.3 TTY AND RELAY SERVICES 1. In situations when a non-disabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a teletypewriter (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.

620.3.4 TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY 1. Officers may utilize the following auxiliary aids, when available, to communicate effectively: (a) Use of gestures; (b) Use of visual aids; (c) Use of a notepad and pen or pencil; (d) Use of a computer or typewriter; (e) Use of an assistive listening system or device; (f) Use of a teletypewriter (TTY); (g) Use of a qualified oral or sign language interpreter. 2. An available interpreter may be contacted through Dispatch. (a) Officers investigating critical incidents or scenes requiring certified interpreters may contact a certified interpreter with supervisor approval. (b) “Sign Shares,” a Houston-based company, provides tri-lingual (English/ASL/ Spanish) interpreting, Mexican Sign Language interpreting and Certified Deaf Interpreters, qualified Intermediaries and deaf/blind interpreters (713-869-4373).

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AGENCY SEAT BELT USE

621.1 PURPOSE Research clearly indicates that the use of safety belts has a significant effect in reducing the number of deaths and the severity of injuries resulting from traffic crashes. A law enforcement officer’s chance of being involved in a motor vehicle crash is approximately two to ten times greater than that of the general public. The use of safety restraints not only reduces the risk of death or serious injury, it also assist officers in maintaining proper control of their vehicles in emergency and/or high-speed operations. To assure the safety of all personnel, safety belts shall be worn by drivers and passengers in all vehicles owned, leased or rented by the department at all times. This also applies to the operation of privately owned vehicles if used on duty.

621.2 DEFINITIONS None

621.3 PROCEDURES

621.3.1 USE OF SAFETY BELTS 1. Department personnel shall use safety belts installed by the vehicle manufacturer. 2. Employees shall properly adjust and securely fasten the belts when operating or riding in any departmental vehicle. 3. Lap belts shall be properly secured in those vehicles equipped with automatic seat belts systems that require the lap portion of the belt to be manually secured. 4. The driver of the vehicle is responsible for insuring compliance by all occupants of the vehicle they are operating. 5. Approved child safety restraints shall be used for all children of age, size, or weight for which such restraints are prescribed by law. 6. Child safety seats should not be used in vehicles equipped with safety cages unless exigent circumstances exist. 7. No person shall operate a departmental vehicle in which any safety belt in the driver’s seat position is inoperable. 8. No person shall be transported in a seating position in which the safety restraint is inoperable. 9. Personnel who discover an inoperable restraint system shall complete a City of Pearland Fleet Maintenance work order and deliver the vehicle for maintenance.

AGENCY SEAT BELT USE

621.3.2 UNDERCOVER PERSONNEL 1. Officers operating in an undercover capacity are exempt from the requirement to wear a seatbelt only if they believe that the use of the safety belt will compromise their identity.

621.3.3 TRAFFIC STOPS 1. When arriving at an emergency call or making a vehicle traffic stop, officers may remove the safety restraint just prior to stopping to facilitate a quick exit. 2. In the event the violator fails to stop or a pursuit is initiated, the officer shall re-secure the seatbelt before giving chase.

CROWD MANAGEMENT AND CONTROL

622.1 PURPOSE

622.2 DEFINITIONS A. Civil Disturbance: A gathering that constitutes a breach of the peace or any assembly of persons where there is a threat of collective violence, destruction of property, or other unlawful acts. Such a gathering may also be referred to as a riot or unlawful assembly. B. Crowd Control: Techniques used to address civil disturbances, to include a show of force, crowd containment, dispersal equipment and tactics, and preparations for multiple arrests. C. Crowd Management: Techniques used to manage lawful assemblies before, during, and after the event for the purpose of maintaining their lawful status through event planning, pre-event contact with group leaders, issuance of permits when applicable, information gathering, personnel training, and other means. D. Demonstration: A lawful assembly of persons organized primarily to engage in First Amendment activity. These may be scheduled events that allow for law enforcement planning. They include, but are not limited to, marches, protests, and other assemblies intended to attract attention. Lawful demonstrations can devolve into civil disturbances that necessitate enforcement action. E. Less Lethal Impact Munitions: Projectiles designed and intended to deliver non- penetrating impact energy from safer than contact range

622.3 PROCEDURES

622.3.1 GENERAL MANAGEMENT AND ORGANIZATIONAL PRINCIPLES 1. Government may impose reasonable restrictions on the time, place, and manner in which persons engage in First Amendment activity. The Pearland Police Department shall place only those limitations and restrictions on demonstrations necessary to maintain public safety and order and, to the degree possible, facilitate uninhibited commerce and freedom of movement. 2. The primary objectives of the Incident Commander (IC) at a civil disturbance will be as follows: (a) Protect persons, regardless of their participation in the disturbance; and protect property. (b) Disperse disorderly or threatening crowds in order to eliminate the immediate risks of continued escalation and further violence. (c) Arrest law violators and remove or isolate persons inciting violent behavior.

CROWD MANAGEMENT AND CONTROL

3. Officers shall be briefed on what to expect and appropriate responses. They shall be informed the IC or his or her designee(s) shall be responsible for ordering any lawful response deemed appropriate. 4. Making mass arrests should be avoided unless necessary. Should this become necessary, mass arrests procedures are covered under subsection (G) below. 5. To the extent possible, all law enforcement activity during Civil Disturbances or Demonstrations should be photographed and audio and video recorded.

622.3.2 USE OF FORCE 1. Unless exigent circumstances justify immediate action, officers shall not independently make arrests or employ force without command authorization. 2. All officers aiding this agency through mutual aid agreements, contracts, or related means shall be informed they are under the direction and control of the Pearland Police Department’s command and supervisory personnel. 3. The following restrictions and limitations on the use of force shall be observed during demonstrations and civil disturbances. In all cases, weapons should be carried and deployed only by trained and authorized officers: (a) Canine teams may respond as backup when appropriate but shall not be deployed for crowd control (i.e., containment or dispersal). Canines shall remain in patrol vehicles or other secure locations and, whenever reasonably possible, out of the view of the crowd. Canines may be deployed in appropriate circumstances related to bomb detection, pursuit of suspects in buildings, and related situations. (b) Horses may be used to surround and control groups in nonviolent demonstrations as appropriate. They shall not be used against passively resistant demonstrators who are sitting or lying down. Horses shall not be utilized when the use of chemical agents is anticipated or deployed, nor shall they be used in icy or snow conditions or when similar lack of footing may jeopardize the animal, rider, or others. (c) Motor vehicles may be used to surround and move persons as appropriate but shall not be brought into contact with them unless Deadly Force is authorized under 502 De-escalation and Use of Force. (d) The use of less lethal impact munitions, electro-muscular disruption devices, and Oleoresin Capsicum shall be consistent with 502 De -Escalation and Use of Force policy. They shall not be deployed indiscriminately into crowds. (e) High-volume OC delivery systems (such as MK-9 and MK-46) are designed for and may be used in civil disturbances against groups of people engaged in unlawful acts or endangering public safety and security when approved by the IC. Whenever reasonably possible, a warning shall be issued prior to the use of these systems. (f) CS (2-chlorobenzalmalononitrile) chemical agents are primarily weapons that shall be used with the utmost caution. CS may be deployed to prevent injury

CROWD MANAGEMENT AND CONTROL

when lesser force options are either not available or would likely be ineffective. Such munitions shall be deployed at the direction of the IC and only when avenues of escape are available to the crowd. When reasonably possible, their use shall be announced to the crowd in advance. (g) A baton or similar device can be used primarily as a defensive weapon consistent with 502 De -Escalation and Use of Force or consistent with department received training on crowd control. It may also be used as a means of overcoming resistance (e., used in the two-hand horizontal thrust on a police line), as a show of force, or to contain or disperse a crowd.

622.3.3 USE OF FORCE REPORTING AND INVESTIGATIONS Because of the unique logistical and safety concerns presented by civil disturbances, an officer designated by the Incident Management Team shall be assigned to the command post of the IC during a declared civil disturbance to coordinate and record force-related information and complaints. Use of Force investigations will be conducted as covered in 502 De -Escalation and Use of Force.

622.3.4 DEMONSTRATIONS - PREPARATION, PLANNING, AND RESPONSE 1. The Incident Command System (ICS) and NIMS protocols shall be used in crowd management and civil disturbances to ensure control and unified command. 2. The Chief of Police will designate an incident commander (IC) responsible for overall control of a demonstration or civil disturbance. In accordance with the National Incident Management System (NIMS), the IC shall implement an incident action plan (this may or may not be on forms related to the ICS). The IC may designate an Operations Chief (OSC). 3. In the case of a widely dispersed demonstration or disturbance, or event with multiple locations, the Chief of Police may activate an Area Command. 4. The IC shall be responsible for preparing tactical plans and management details associated with planned demonstrations. 5. Every effort shall be made to make advance contact with the leaders of a demonstration and to gather information about the event to ensure accurate assignment of personnel and resources. Necessary information includes: (a) What type of event is involved? (b) When is it planned? (c) Will the event coincide with other routine, large scale events (e.g. sporting events)? (d) Is opposition to the event expected? (e) How many participants are expected? (f) What are the assembly areas and movement routes? (g) What actions, activities, or tactics are anticipated, to include use of demonstrator devices designed to thwart arrest (e., dragon sleeves and u-locks, etc.)?

CROWD MANAGEMENT AND CONTROL

(h) What if any critical infrastructures are in the proximity of the event? (i) Have permits been issued? (j) Have other agencies such as fire and EMS been notified? (k) Is there a need to request mutual aid? (l) Will off-duty personnel be required? (m) What is the history of conduct at such events and whether group leaders are cooperative? 6. The action plan shall address provisions for the following and be distributed to all affected command and supervisory officers. (a) Command assignments and responsibilities; (b) Personnel, unit structure, and deployment; (c) Liaison with demonstration leaders; (d) Liaison with outside agencies; (e) Release of information to the news media; (f) Transportation, support, and relief of personnel; (g) Staging points for additional resources and equipment; (h) Traffic management; (i) Demonstrator devices, extrication teams, and equipment; (j) First aid stations established in coordination with emergency medical service providers; (k) Transportation of prisoners; (l) Prisoner detention areas. 7. Officers shall be deployed to monitor crowd activity. Enough resources to handle multiple unruly persons shall be available, depending on the fluidity of the situation and degree of actual or likely disruption. 8. Officers shall display their badges and nameplates or other identification in a visible location on their person at all times. 9. Officers shall be positioned in such a manner as to minimize contact with the assembly. 10. Officers shall not be prompted to act in response to comments from demonstrators. Officers shall maintain a courteous and neutral demeanor. 11. Persons who reside, are employed, or have emergency business within the area marked off by a police line shall not be prevented from entering the area unless circumstances suggest their safety would be jeopardized, or their entry would interfere with law enforcement operations. 12. Designated supervisors shall establish and maintain communication with demonstration leaders and relay information on crowd mood and intent to the IC.

CROWD MANAGEMENT AND CONTROL

13. Supervisors shall maintain close contact with their assigned officers to insure compliance with orders, monitor behavior and disposition, and insure they are aware of any changes in crowd behavior or intent.

622.3.5 RESPONSE TO SPONTANEOUS DISTURBANCES (a) The first officer to arrive on the scene of a spontaneous civil disturbance shall: (a) Observe the situation from a safe distance to determine if the gathering is currently or potentially violent; (b) Notify communications of the nature and seriousness of the disturbance, particularly the availability of improvised or deadly weapons, the location and estimated number of participants, current activities (e.g. blocking traffic), direction of movement, and ingress and egress routes for emergency vehicles; (c) Request a supervisor and necessary backup; (d) If approaching the crowd would not present unnecessary risk, instruct the gathering to disperse; and (e) Attempt to identify crowd leaders and agitators engaged in criminal acts. (b) The first officer or supervisor in charge at the scene shall: (a) Deploy officers at vantage points to report on crowd actions; (b) Establish a perimeter to contain the disturbance and prohibit entrance into the affected area; (c) Insure to the degree possible, uninvolved civilians are evacuated from the immediate area of the disturbance; (d) Establish a temporary command post; and (e) Provide ongoing assessment to communications. (c) In the area outside the perimeter, the IC shall insure the following actions are taken: (a) Move and reroute pedestrian and vehicular traffic around the disorder. (b) Control unauthorized ingress and egress by participants. (c) Prevent attempts to assist or reinforce the incident participants from outside the area. (d) The IC shall also insure: (a) Adequate security is provided to fire department personnel in the performance of emergency tasks; (b) Support and relief of personnel are available; (c) A secure staging area for emergency responders and equipment is designated; (d) Liaison and staging points for media representatives are established and available information is provided as appropriate, the Public Information Officer is notified and responding;

CROWD MANAGEMENT AND CONTROL

(e) Photographs are taken and video recordings of event proceedings are made as possible; (f) Photographs are taken of any injuries sustained by law enforcement officers or the public; and (g) The need for full mobilization of sworn officers and the recall of off-duty officers is determined.

622.3.6 CROWD DISPERSAL (a) Before ordering forced dispersal of a civil disturbance, the IC shall determine whether lesser alternatives may be effective. These alternatives include the use of containment and dialogue, as follows: (a) Identify designated dispersal routes. (b) Establish contact with crowd leaders to assess their intentions and motivations and develop a mutually acceptable plan for de-escalation and dispersal. (c) Communicate to the participants that their assembly is in violation of the law and the department wishes to resolve the incident peacefully but acts of violence will be dealt with swiftly and decisively. (d) Negotiate with crowd leaders for voluntary dispersal or target specific violent or disruptive individuals for arrest (b) Prior to issuing dispersal orders, the IC shall insure all potentially necessary law enforcement, fire, and EMS equipment and personnel are on hand to successfully carry out tactical operations and logistical needs for making mass arrests are in place. (c) When the IC has determined an unruly gathering is present and crowd dispersal is required, he or she shall direct unit commanders, where time and circumstances permit, to issue warnings prior to taking action to disperse the crowd. (a) The warning shall consist of an announcement citing the offenses or violations being committed, an order to disperse, and the designated dispersal routes. A second and a third warning shall be issued at reasonable time intervals before designated actions are taken to disperse the crowd. Where possible, the warnings shall be audio or video recorded and the time and the names of the issuing officers documented. (b) Specific crowd dispersal tactics shall be ordered as necessary where the crowd does not heed warnings. These include, but are not limited to, any one or combination of the following: 1. Display of forceful presence to include police lines, combined with motorcycles, law enforcement vehicles, mounted units, bicycle units and mobile field forces. 2. Crowd encirclement 3. Multiple simultaneous arrests 4. Use of chemical crowd control agents

CROWD MANAGEMENT AND CONTROL

5. Law enforcement formations and the use of batons for forcing crowd movement

622.3.7 MASS ARREST In a civil disturbance it may be necessary to make arrests of numerous individuals over a relatively short period of time. For this process to be handled efficiently, safely, and legally, the following shall be observed: 1. Mass arrests shall be conducted by designated squads. 2. An adequate secure area shall be designated for holding prisoners after initial booking and while awaiting transportation. 3. Arrest teams shall be advised of the basic offenses to be charged in all arrests, and all arrestees shall be advised of these charges. 4. Arrestees who are sitting or lying down but agree to walk shall be escorted to the transportation vehicle for processing; two or more officers shall carry those who refuse to walk. 5. Injured prisoners and those who request medical attention shall be provided medical attention prior to transportation to the detention facility. Photographs shall be taken of all injuries.

622.3.8 DEACTIVATION When the disturbance has been brought under control, the following measures should be taken: 1. All personnel engaged in the incident shall be accounted for and an assessment and documentation made of personal injuries. 2. Witnesses, suspects, and others shall be interviewed or questioned. Where necessary, written or video statements will be obtained. 3. All necessary personnel shall be debriefed. 4. The primary officer, as assigned by the Incident Management Team, should complete an incident report prior to going off duty. All officers involved in the incident report should complete supplements. 5. All officers involved shall preserve Body Worn Camera footage and log it into evidence.

LIFE FLIGHT

623.1 PURPOSE The coordination of Police, Fire, Rescue, and Emergency Medical Personnel is vital when the services of Life Flight are called upon. In most instances, all of the aforementioned agencies will be utilized to render their assistance at the scene of an accident, explosion, etc. Since traffic and crowd control becomes a major police priority at accident and disaster scenes, the guidance and landing location for Life Flight also becomes a police priority. This policy is intended to define clear lines of responsibility among the responding agencies and provide a basic procedure for assisting with the landing of the Life Flight helicopter.

623.2 DEFINITIONS None

623.3 PROCEDURES

623.3.1 REQUEST FOR LIFE FLIGHT (a) Any police officer, fire fighter, or emergency medical service (EMS) member is authorized to put Life Flight on standby. (b) Any police officer, fire fighter, or emergency medical technician EMS) member is authorized to instruct dispatch to put Life Flight in the air. (c) If Life Flight receives more than one request from different departments (police, fire, or EMS) each department must call to disregard Life Flight. (d) The telecommunications operator contacting Life Flight will dispatch Fire and Rescue to the scene, as per Life Flight protocol.

623.3.2 LANDING OPERATIONS (a) A single person designated by the incident commander shall serve as ground contact for Life Flight on a radio channel designated by Life Flight. (b) The Pearland Fire Department may be called upon to assist with landing operations. (c) When Life Flight is dispatched during daylight hours, the following procedure shall be followed: (a) Four (4) flares shall be placed in a sixty (60) foot by sixty (60) foot square, with a fifth flare positioned outside the windward side (facing the direction from which the wind is blowing) of the square. (b) The landing area should be as level as possible, cleared of debris, and free from utility wires. (d) When Life Flight is dispatched during the night time hours the following procedures shall be followed:

LIFE FLIGHT

(a) Four (4) flares shall be placed in a one hundred (100) foot square, with the fifth flare positioned outside the windward side of the square. (b) All other procedures shall be identical to daylight landings.

Chapter 7 - Investigative Operations

EVIDENCE AND PROPERTY

700.1 PURPOSE Each year a large amount of property is handled by the Pearland Police Department.Sometimes this property is subject to conflicting or unclear claims of ownership.In many cases this property cannot be disposed of until a property hearing is held.In addition, such property often forms the basis for criminal prosecution and is needed for prosecution in court. It is the purpose of this general order to establish accountability for the proper collection, treatment, chain of custody, security and maintenance of physical evidence/property retained by the department for as long as it is needed by the courts, and the disposition or destruction of all evidence/property in accordance with applicable federal, and state laws, as well as city ordinances.

700.2 DEFINITIONS A. Evidence Custodian - The Crime Scene/Evidence Officer including Property Room Personnel, who is charged with the responsibility of maintaining the department’s evidence and property room. B. Evidence Technician - Any employee of the department who is responsible either permanently, temporarily or at that time, with the duties of collecting,processing or entering evidence. C. Field Test Kit - A chemical test performed by the officer, prior to the filing of criminal charges. D. Narcotic Evidence - Any substance covered under the Texas Health and Safety Code, Chapter 481, Texas Controlled Substance Act. E. Property Room Personnel - Any personnel, sworn or professional staff, of the police department assigned, temporarily or permanently, to enter, maintain, or dispose of property in the Pearland Police Department property room. Property Room Personnel act as Evidence Custodians. F. Property - Any item seized for evidence or found items, which come into an employee’s custody while in performance of official duties.

700.3 PROCEDURES

700.3.1 EVIDENCE COLLECTION Responsibility for evidence collection shall be delegated in descending order of priority as follows: 1. Crime Scene / Identification Officer; 2. Investigator / Detective on the scene or in charge; 3. Primary Officer or officer assigned by a supervisor.

EVIDENCE AND PROPERTY

700.3.2 CRIME SCENE SECURITY 1. It is the responsibility of the first arriving officer at major crime scenes to evaluate the crime scene carefully.Any dangerous or hazardous situations will be handled immediately.Once these are dealt with, the officer will evaluate the scope of the crime scene and secure it with yellow “Crime Scene” tape or by some other means. 2. Major crime scenes will have both an inner perimeter and outer perimeter designated by crime scene tape.The outer perimeter will be established at such a distance to keep news media and passers-by from compromising the evidence or immediate area. 3. Lesser crimes that do not require significant evidence collection or processing may be secured by methods available to the responding officer at his discretion. 4. No one shall be allowed access to a major crime scene without the permission of the officer in charge. (a) The officer in charge, or his designee, will keep notes on who enters a major crime scene and at what time.Police Department personnel entering a major crime scene shall complete a supplemental report. (b) This information will be entered into the incident report or supplements.

700.3.3 DISCOVERY OF EVIDENCE Evidence that is recognized as valuable and pertinent to a case, should never be moved until certain steps have been taken; 1. The officer in charge of the scene should log what the object is, the time found, where it was found, and who found it. 2. Other objects at the scene should never be moved when searching for specific evidence, until after they are photographed.

700.3.4 PHOTOGRAPHING EVIDENCE 1. The officer in charge should insure that the crime scene and evidence are correctly photographed. 2. Fingerprint evidence which cannot be lifted but seen, should always be photographed. 3. All digital images or film taken as evidence will be entered into the evidence control system as stated in this procedure. Photographs for non-violent misdemeanor offenses may be attached to the incident report in the report management system. 4. Original videotape or other video image evidence shall be submitted as evidence in all felony cases. 5. In misdemeanor cases videotape evidence may be duplicated into VHS format, DVD or other digital media.The duplicate shall then be entered into evidence.

700.3.5 PROCESSING EVIDENCE Once evidence has been discovered and photographed, the crime scene officer or investigating officer must decide to either process the object at the scene or transport the evidence to the Police Department for laboratory analysis.

EVIDENCE AND PROPERTY

1. Processing at the scene should be limited to simple processes, such as simple dusting of objects with latent print powder. Due to chemical processing hazards and uncontrolled conditions at the scene, no other procedures should be attempted unless necessary. Proper safety equipment shall be used when attempting any development process. 2. No processing by chemical means should be attempted in the field or in the lab unless the officer performing the process has been properly trained. 3. An evidence submission form will be completed for evidence that is to be submitted and processed later by the department evidence technician. (a) The request for processing will be noted in the incident report or the supplement. (b) The original submission form should be attached to the incident report or supplement and a copy made for the crime scene technician and placed in the designated location in the Officer’s evidence entry room.

700.3.6 MARKING, SEALING, AND SUBMISSION OF EVIDENCE Evidence submission must follow the marking, sealing and submission protocol listed in this section. 1. All evidence shall be placed in the evidence bags provided by the department.In the event it is not feasible for evidence to be placed in an evidence bag, the seizing officer shall tag the item appropriately and place it in a metal evidence locker or area specifically designated for such storage. 2. Marking - The evidence, or its outer container, must be marked in a manner to allow chain of custody documentation using an approved evidence label. 3. Sealing - The evidence must be sealed with tamper evident evidence tape, a proper tamper evident heat seal on those bags that can be sealed with heat, or self-adhesive tamper evident evidence bags. The officer shall initial and date the seals.Officers shall not use staples, normal Scotch tape, paper clips, or other non-evidence and non- tamper evident seal methods. 4. Biological Specimens - All biological specimens must be sealed in leak proof containers and marked with the proper chain of custody information. (a) In the case of blood, urine or other biological specimens for evidence analysis, approved containers will be handled in accordance with the manufacturer’s instructions. (b) A lab submission form will be submitted with the specimen and must list all substances for which it is to be tested. (c) Officers shall not submit leaking specimens. Officers shall insure evidence is packaged in a manner that would contain potential leaks. 5. Latent Print Evidence - Each item of evidence to be examined for latent prints shall be stored in a separate container. (a) Evidence must be placed in containers, which will not allow the evidence to move around freely.

EVIDENCE AND PROPERTY

(b) If evidence submitted to the laboratory requires multiple examinations such as blood, trace evidence or drug analysis,as well as latent prints, note this on the submission form and the lab analyst will determine the proper order. (c) When submitting lifted latent prints to the laboratory, each individual lift card will be marked with the following information: 1. Exact location from where the latent print was lifted. 2. The name of the officer/investigator lifting the latent print. 3. Date and time of the lift. 4. Case number or incident number. 5. Officers should mark an “X” through any inadvertent fingerprints, made by themselves or other officers. 6. Refusal and Return (a) Evidence that is improperly marked, sealed, packaged, or documented will be corrected by the submitting officer at the request of the evidence custodian. (b) If necessary, the evidence custodian will place improperly submitted evidence and a copy of the documentation into a temporary locker and secure it with a lock. The locker will be accessible by the submitting officer. (c) The Evidence Custodian will notify the submitting officer of the existence of improperly submitted evidence. (d) If evidence submission is not promptly corrected by the submitting officer the supervisor of the submitting officer will be notified. (e) The officer will make corrections to the evidence submission and return the evidence to the evidence control system. The officer will also update the location of the property in the evidence control computer.

700.3.7 VIDEO EVIDENCE 1. Safeguarding and Protecting Video Evidence (a) VHS Evidence 1. Immediately remove the “write protect” tab from the long side of videotape cassette. 2. Do not repeatedly play or pause the original videotape. Copy the tape and review the copy. 3. Protect videotapes from magnetic fields, heat, and direct sunlight. (b) Digital Video Evidence 1. Put a CD, DVD, or USB drive in a case or evidence bag. 2. Label a CD, DVD, or USB drive with a permanent marker; do not put an adhesive label on it.

EVIDENCE AND PROPERTY

3. Protect a CD, DVD, or USB drive from heat, direct sunlight, fingerprints, and moisture. 2. If analysis of the video is needed, complete the appropriate Evidence Submission Form and so detail in the incident report.

700.3.8 NARCOTIC EVIDENCE 1. Field-Testing Narcotic Evidence (a) It shall be the responsibility of the seizing officer to conduct an approved field test on suspected narcotics. If the officer does not obtain a positive field test result for the suspected narcotic,the officer shall not file criminal charges and should submit the substance for further testing. 1. When an officer seizes or takes possession of a suspected narcotic, he/ she shall as soon as possible and while in the company of a second officer, conduct a field test on the substance using an approved test kit by following the manufacturer’s instructions. 2. Officers will not enter the used test kit into evidence. The test kit shall be discarded. The officer shall note the results in the original incident report. (b) There are two (2) exceptions to the field test requirement: 1. The narcotic substance was seized or given to the officer and there are no suspects and no criminal charges will be filed.The evidence does not need to be field-tested, will not be sent to the lab and will be destroyed by the Pearland Police Department. 2. Prescription medication may be identified by its imprint code. (c) Narcotic evidence having no suspect(s) should be entered into the evidence control system and a Pearland Police Department submission form shall be completed requesting it be destroyed. 2. Narcotic Weighing and Packaging (a) It shall be the responsibility of the seizing officer to properly weigh and package the narcotic evidence prior to placing it into the evidence control system.This shall be done in the company of a second officer who will witness the entire process. (b) After the officer has field tested the suspect substance he will as soon as possible, while in the company of a second officer,separate the non-narcotic evidence, i.e. cigarette butts, ashes, loose papers, paraphernalia, or any items that are not attached or made into the suspected narcotic substance from the suspected narcotic substance.Non-narcotic evidence such as drug paraphernalia should be packaged separately from narcotic evidence. (c) After the non-narcotic evidence has been removed the officer shall weigh the suspected substance.The substance can be weighed either in its outermost package or without packaging. The seizing officer should record the weight of the substance

EVIDENCE AND PROPERTY

in the original incident report noting the substance was weighed with or without packaging. (d) The officer shall separate different types of narcotic evidence. If the officer has two (2) types of narcotic evidence (i.e. marijuana and cocaine), the officer should package each in a separate container labeling one exhibit #1 and the other as exhibit #2. The officer can have an unlimited number of exhibits, however, each exhibit will require a separate property number. (e) If the substance is loose or leaking from the original packing it should be sealed in a clear plastic bag to prevent further loss. (f) The submitting officer, while in the presence of the second officer, shall seal the evidence as specified for the type of container.The sealing officer and the second officer shall then initial and date the outside of the container. (g) Exceptions: 1. All drug evidence must be in a dry and preserved condition.When green and growing plants (example: fresh marijuana, mushrooms) are recovered the officer shall place them in a brown paper bag, and the bag tagged as evidence.The bag will then be placed in an evidence locker. i. These items cannot be weighed in the above condition and will be processed by a narcotics detective. ii. The officer shall note in the original incident report, the number of plants or mushrooms recovered. iii. Narcotics evidence in need of drying should be brought to the attention of property and evidence staff so corrective measures can be taken to preserve the evidence and prevent any degradation.This notification should be made via Departmental email to the on-call Property Room personnel. 2. During Death Investigations involving hospice or attended death, medications may be placed in their original containers in a single evidence bag or as few bags as possible unless destruction or retention of the medications is performed as outlined in 706 Death Investigations. Care should be taken to insure the medications do not spill or leak on other contents or the evidence bag. 3. Narcotic Evidence Entry into Evidence Control System i. All narcotic evidence will be entered into the evidence control system. ii. Once the officer has properly sealed and tagged the narcotic evidence, the officer will complete the appropriate evidence submission form. iii. Narcotics collected from Hospice Death Investigation scenes shall be properly sealed and submitted as evidence pursuant to evidence submission standards. Evidence submission forms

EVIDENCE AND PROPERTY

denoting destruction are not required. Property room technicians are tasked with issuing follow-up Disposition Tracers that will be used to document the order for destruction. 4. Narcotic Evidence Transportation to Lab Facility i. It shall be the responsibility of the Criminal Investigations Division Commander to assign a police officer to transport the seized narcotics to the appropriate crime lab. ii. The assigned property and evidence staff will obtain the completed lab entry forms from the Records Division of the Pearland Police Department and retrieve all narcotic evidence from the property and evidence room.The property and evidence staff shall check the lab submission sheet for the necessary information. He/She shall also check each exhibit for a proper seal and packaging. iii. The assigned property and evidence staff shall complete all required forms relating to any narcotics that were recovered in Harris or Ft. Bend County. iv. It shall be the responsibility of the assigned property and evidence staff to log all items taken to the crime lab in the evidence control system, noting the date, time and name of the transporting officer. 5. Upon transfer of narcotic evidence, disposition forms documenting the transfer will be provided to Records for attachment to the case report.

700.3.9 TRANSPORT AND EVIDENCE CONTROL SYSTEM The chain of custody begins when item(s) of evidence are seized at the crime scene. 1. The chain of custody should never be broken by handing evidence off to other officers or persons, unless so logged with date, time, name (printed) and initials of person transferring and person receiving. 2. The officer seizing the evidence should control the evidence until it is deposited in the Evidence Control System at the police department. 3. If evidence must be handled by more than one person, the need for the transfer should be logged in full on the officer’s supplement report, as well as the standard logging stated above. 4. The seizing officer or officer in possession of evidence will insure that the evidence is entered into the Evidence Control System at the earliest possible time but in all cases before leaving duty unless approved by a supervisor.

700.3.10 CUSTODY OF EVIDENCE 1. The Evidence Custodian shall be responsible for the storage of evidence until trial, and/or the release by the court of jurisdiction. 2. The Evidence Custodian shall, at least once a year or at the direction of the Chief of Police, conduct a thorough audit of all evidence in custody of the Pearland Police

EVIDENCE AND PROPERTY

Department. This audit will summarize all property in possession at the beginning of the fiscal year, all additions, all deletions and all property available for disposal. 3. The Evidence Custodian shall provide audit lists for each officer to the officer’s supervisor at least once per year. The supervisor shall distribute the audit lists to officers under his command to determine appropriate disposition of evidence assigned to them. 4. Officers shall review the audit list and make notations of the appropriate disposition for each article of evidence. Officers shall return the evidence disposition orders to the Evidence Custodian no later than thirty (30) days after receipt. 5. The proper action for disposition will be taken by the Evidence Custodian.

700.3.11 EVIDENTIARY PROPERTY AND/OR RECOVERED PROPERTY 1. Any time any employee is given/or takes possession of any evidentiary item or an item which may be classified as found or recovered property, the proper submission procedure will be followed. 2. Existing reports will be supplemented indicating actions taken. If no report exists, the employee accepting the property shall generate a report. 3. Under no circumstances will any property be left unsecured. If monies or other things of value are to be accepted, it must be inventoried in the presence of the party delivering same, and a Receipt for Property form will be signed by both the reportee and the employee accepting said property. If the reportee is not available, the property must be inventoried by two employees and action noted appropriately in the report. 4. Disposition of Seized Property - Property alleged to be stolen and needed as evidence in any pending criminal trial will be held until released by the court having jurisdiction over the case. Property will be disposed of as stated in Section 47.01 of the Code of Criminal Procedure. 5. When found property is brought to the property room, it will be the responsibility of the officer who received the property to attempt to locate an owner. (a) ll property that has not been identified as stolen or is not illegal to possess and for which a person can produce acceptable proof of ownership will be returned. (b) Where there is a claim for ownership but no acceptable proof of ownership, the officer will apply for a property hearing. (c) If the Court remands the property to the custody of the Pearland Police Department, it may be sold at auction or used within the Department for official Departmental use. 6. In all cases, the disposition of the property will be reflected in a supplemental report to the case in which it was seized. If the property was stolen and this report is different from the seizure report, the stolen report will be referenced. 7. Illegal Property but No Charges Filed - Officers are required to tag articles entered into the property room. On the evidence submission form the officers will indicate the item

EVIDENCE AND PROPERTY

is to be destroyed. This information should be updated by the officer on this incident / report number. 8. Any evidence to be returned to the rightful owner will be photographed if needed for documentation in a court proceeding. An inventory will be conducted with the owner or their representative before a Receipt for Property Form is signed. 9. Seizure of Firearm(s) – No Charges / No Prosecution (a) In cases where no charges will be filed related to the use or possession of a firearm and a seizure of the firearm is necessary for the safety of a citizen or the safety of the community, a notice of seizure must be filed in Justice Court to comply with Texas Code of Criminal Procedure, Article 18.19 (c). It is the duty of the officer seizing the firearm(s) to complete the Magistrate Notification of Firearm Seizure document (attached as Appendix A). The officer will forward the original signed form to the court and attach a photocopy to the case report. The notification must include the justification for the seizure. (b) An exemption for seizure of a firearm and magistrate notification is if the firearm is transferred to a third party who is lawfully permitted to possess a firearm. Persons not barred from legally possessing a firearm and eligible to take possession of a firearm include: 1. Family members; or 2. An individual designated by the owner/caretaker of the firearm being collected. (c) Persons taking possession of firearms in lieu of seizure must be able to respond to the scene to take custody of the firearm in a reasonable amount of time. (d) The identity of the person including all personal identifiers, address and the relationship to the person from whom the firearms were taken shall be documented in the report. (e) Weapons collected solely for the safety of a citizen or the safety of the community will not be ballistic-tested. A property hearing request through the Justice of the Peace Court shall be completed by the seizing officer. All court orders relating to the seized firearm(s) shall be attached to the main case report and a copy shall be provided to the property and evidence staff.

700.3.12 PROPERTY ROOM CONTROL 1. All employees are responsible for any property that comes into their custody while in the performance of their official duties. 2. If such property is lost or damaged because of an employee’s negligence, that employee may be subject to disciplinary action or may be required to make restitution for the property. 3. All property seized will be entered into the evidence control system. An offense report that includes the following information will be completed for each incident: (a) Thorough description of each article

EVIDENCE AND PROPERTY

(b) Where the property was seized (c) The circumstances of the seizure (d) Where the property is stored 4. Officers, Prosecutors, and Property/Evidence Staff may check out property for any of the following reasons: (a) Court Appearance (b) Laboratory Analysis (c) Further Investigation 5. Upon checking out property or evidence, the person doing so will insure the action is properly documented and the chain of custody is maintained. 6. Property stored in the property room under the authority of a Division will not be destroyed or disposed without approval from that Division Commander or the officer assigned to the case.

LABORATORY

701.1 PURPOSE In the standard course of police investigation, one of the most important elements of successful prosecution is physical evidence. It is the duty of all officers of the Pearland Police Department to follow accepted and proven methods for collection, storage, and chain of custody of evidence. (See also 700 Evidence and Property) In the matter of certain objects of physical evidence that should not be processed at the scene, there should be a standard of procedure to insure maximum results of development. Equally important is officer safety in the chemical analysis of evidence. Additional areas of concern are care and maintenance of equipment and officer task assignment. This policy will outline areas listed above, as well as the operations of specialized equipment installed in the lab.

701.2 DEFINITIONS A. Vent Hood - Processing area of the lab designed and enclosed with P.V.C. (Polyvinyl chloride) material to facilitate the evacuation of hazardous fumes and gases. B. Chemicals - All normally recognized substances used to develop latent prints, i.e. latent print powder, ninhydrin, silver nitrate, andcyanoacrylate, etching acids used in serial number restoration. C. Processor - Any officer authorized to perform chemical testing in the lab. D. Observer - Any officers not authorized to perform chemical testing who is observing for any reason, or any person authorized by the Chief of Police to observe. E. Tanks - Glass or Plexiglas containers found in the lab for isolation processing, or forced air drying.

701.3 PROCEDURES

701.3.1 PHYSICAL EVIDENCE SUBMISSION FORM 1. Any officer who wishes to have an item processed in the Pearland Police Department laboratory should follow the standard evidence procedure and fill out a Pearland Police Department Physical Evidence Submission Form. This form will notify appropriate personnel that such evidence needs their attention. 2. The form shall be submitted as outlined in 700 Evidence and Property.

701.3.2 PROCUREMENT OF EVIDENCE AND TESTING 1. Processor should follow 700 Evidence and Property to obtain material needed for testing in the lab.

LABORATORY

701.3.3 TESTING OF EVIDENCE 1. The processor should evaluate which form of chemical testing will be used to affect the best results on articles. 2. It should be stressed that at no time should the processor use heat from open flame or any other unorthodox methods. The following methods should be used as guidelines: (a) Any chemical processing of evidence should be done ‘inside’ the vent hood area with the ventilator motor turned ‘ON’. (b) Any evidence too large for the vent hood should be taken outside the building or to the sally port with the large doors open for proper ventilation. (c) Appropriate safety equipment shall be worn for the testing involved. Any observers shall also wear appropriate safety equipment. (d) Cyanoacrylate processing will only be done in a manner that prevents the escape of toxic or noxious odors.

701.3.4 RELEASE OF EVIDENCE 1. Once evidence has been processed, the value of the results should be determined. (a) If the evidence is of value and is to be kept, returned to the owner or returned to the property room, it should be returned to the evidence/property room with proper notation of disposition. (b) If the evidence is of no value after testing and may be destroyed, it should be returned to the evidence/property room with notification to destroy. 2. Any evidence that requires testing that the processor feels can be better evaluated by an outside lab should be so designated and returned to the evidence/property room until arrangements for testing/analysis are made.

701.3.5 COORDINATION AND SPECIAL SITUATIONS 1. It is assumed that the desired result is properly processed and evaluated evidence. Therefore, this policy does not limit, but invites, coordination between processors at the Pearland Police Department Lab. 2. The term processor defined herein is not limited to Pearland Officers only. Qualified processors from other agencies are encouraged to use or assist in the lab whenever the need arises. Two elements should be satisfied before use of the lab by outside agency processors: (a) Outside agency processors must be approved by the Chief of Police or his designee. (b) Outside agency processors must be accompanied by a designated member of this department unless approved by the Chief of Police or his designee.

LABORATORY

701.3.6 OPERATION AND MAINTENANCE OF SPECIALIZED EQUIPMENT 1. Specialized equipment installed in the laboratory shall be used in accordance with the manufacturer's recommendations for safe operation and shall not be abused, mishandled, or damaged due to negligence.

701.3.7 INVENTORY CONTROL 1. On the first of every month the C.I.D. Commander or his designee will conduct an inventory of laboratory supplies to determine if any articles are under stocked. 2. When ordering supplies the C.I.D. Commander or his designee will determine the necessary number of supplies needed and the number of days required for shipment and plan accordingly.

CRIME VICTIM'S COMPENSATION

702.1 PURPOSE The Legislature passed this act so that innocent persons who suffer personal injury or death as a result of criminal acts, or persons who intervene in crimes on behalf of Peace Officers and suffer disabilities, incur financial burdens, or become dependent of public assistance can be financially indemnified. The Texas Legislature has given all law enforcement agencies the duty to give notice to crime victims, either in person or by mail, or to their dependents at the time of the incident or as soon as possible thereafter, and to provide them with the necessary application form for filing under the Act.

702.2 DEFINITIONS None

702.3 PROCEDURES

702.3.1 CRIME VICTIM'S COMPENSATION ACT 1. In 1979, the Texas Legislature passed the Crime Victims’ Compensation Act, creating the Compensation to Victims of Crime Fund and the Crime Victims’ Compensation (CVC) Program. 2. Details regarding eligibility and program benefits may be located in the Texas Code of Criminal Procedure, Chapter 56, Subchapter B. Crime Victims’ Compensation.

702.3.2 DUTIES OF INVESTIGATING OFFICER TAKING PRELIMINARY REPORT 1. Officers investigating a crime which, in the opinion of the investigating officer, may fall under the provisions of the CVC Act shall advise the victim, or dependent of the victim, of the basic provisions of the Act, i.e. “under certain circumstances, you may be eligible for benefits under the Texas Crime Victims Compensation Act.” 2. Victim Assistance Booklets detailing the Crime Victim Compensation Act will be distributed to the victim or dependent of the victim. 3. Every officer will carry these booklets and where there is personal injury or death meeting the requirements covered in CCP Chapter 56, Subchapter B. a Victim Assistance Booklet will be given to either the complainant or the next of kin and the name and address of the person receiving the information and the date and time will be noted in the Offense Report. 4. The officer will advise the victim of the name and title of the Department’s Crime Victim Liaison (CVL) who will provide further information. 5. The officer who takes the preliminary report shall forward a copy of his report to the Department’s Crime Victim Liaison Officer for further actions where feasible, or will give written notification of the complainant’s name, address, and telephone number, and the offense report number and title of offense.

CRIME VICTIM'S COMPENSATION

702.3.3 DUTIES OF CRIME VICTIM LIAISON (CVL) 1. Notifications and Assistance to the Victims: (a) The CVL shall follow up any preliminary report submitted to him/her in order to properly notify eligible victims and provide the necessary application forms. (b) Upon determining that the victim is reasonably eligible under the Act, the CVL shall provide the victim, either in person or by mail, with an application. The CVL is not required to assist the victim in preparing the application. (c) Where it is not feasible to interview the victim, the Liaison Officer shall review the police file, and shall notify the victim and provide an application, either in person or by mail. (d) The CVL shall fully explain the provisions of the Act to any interested persons. 2. The CVL shall keep documentation showing: (a) The name and address of the person who was notified and who was provided an application form (if other than victim). (b) The date and manner in which the person was notified. 3. Services Provided: (a) Transportation- this may include transportation to and from medical/mental health facility, court or a law enforcement office. (b) Telephone Services/Offer of Services- this includes answering or returning calls in an effort to provide crisis counseling, guidance, emotional support, and information and referral regarding community resources. (c) Crisis Intervention- may be provided at the scene of a crime, in immediate aftermath of a crime in a variety of settings (e.g. office or hospital), or as needed to meet the immediate physical, emotional and safety needs of victims. (d) Follow-up- refers to in-person contact, telephone contacts, and written communications with victims. (e) Information & Referral - refers to in-person contact and written communications with victims during which services and available support are identified (e.g. Crime Victims’ Compensation, victims’ rights, Texas VINE, VIS), and issues related to victimization. (f) Accompaniment- Escorting or meeting the client at a hospital emergency room or medical/mental health facility, law enforcement agency, a criminal justice setting (e.g. DA’s office, probation/parole office), or public education setting. (g) Victim Advocacy- this may include phone calls or in-person visits to law enforcement, criminal justice or advocacy agency to gain information on behalf of the victim, assisting victims in securing rights, remedies and services from other agencies, intervening with employers, following up on compensation forms filed, assisting with other public assistance or with other agencies that may provide non-criminal justice related services for victims.

CRIME VICTIM'S COMPENSATION

(h) Assistance with Filing for Crime Victims’ Compensation- involves explaining Crime Victims’ Compensation to the client, assisting them in completing the appropriate forms, gathering the appropriate documentation. (i) Assistance with Victim Impact Statements (VIS)- same as ‘assistance with filing for Compensation’ above. (j) Assistance with TX VINE registration or access- same as ‘assistance with filing for Compensation’ above. 4. Call Back: (a) For emergency contact outside regular office hours, the CVL may be available to respond to after-hour call backs. The CVL can be contacted for assistance or referral in the event of a major/violent crime incident. (b) If available the CVL will respond to specific locations to meet and assist victims. These locations may include, but not limited to, crime scenes, area hospitals and local law enforcement agencies. An officer will stay at the scene with the CVL until services are complete for safety purposes. (c) A City-provided cell phone is supplied to the CVL for after-hour call backs. (d) The CVL may be called out on the authority of the on-duty supervisor or detective. The detective supervisor authorizing the call out should base the determination of the call out on an emergency need of the victim, and determine that the services could not wait until the next business day. 5. Training of Officers: (a) The CVL shall have on file a copy of the complete text of the Act for reference, clarification and training. (b) The CVL shall prepare and provide in-service training on this Act to all department personnel. (c) The CVL shall hold training for new police officers and law enforcement personnel upon their entering the service. The training shall be conducted from the information received from the Office of the Attorney General or the District Attorney. (d) The CVL shall keep current on any amendments or changes in the Act and advise all personnel accordingly. 6. Correspondence and Supplies: (a) The CVL shall respond to all inquiries about the Act from interested persons. (b) The CVL shall respond to all inquiries from the Attorney General’s Office concerning a victim’s claim for benefits. (c) The CVL shall order and maintain a supply of application forms supplied by the Office of the Attorney General. (d) The CVL shall advise and implement these written procedures and make them available for examination upon request by the Office of the Attorney General.

CRIME VICTIM'S COMPENSATION

7. Designation of CVL and Delegation of Administrative Duties: (a) The Pearland Police Department, in compliance with Art. 56.04 shall designate a Crime Victim Liaison and shall so advise the Office of the Attorney General of the designation. (b) The designated CVL is a civilian employee of the department designated by the Chief of Police and reports to the Chief of Police through the Criminal Investigations Division Chain of Command.

EYEWITNESS IDENTIFICATION

703.1 PURPOSE Eyewitness identifications are a significant component of many criminal investigations. The identification process must be carefully administered to minimize the likelihood of misidentifications. Moreover, constitutional safeguards must be observed in the process. The goal of reducing erroneous convictions can be furthered in many ways. Employing the most rigorous eyewitness identification process is only one step in the criminal investigative process, albeit an important one. Corroborative evidence, for example, will lessen the impact of erroneous eyewitness identifications. Investigations which include evidence other than eyewitness identification will lessen the risk of a conviction based solely on erroneous eyewitness identification. There is no substitute for a competent and thorough criminal investigation. This policy provides guidance on eyewitness identification procedures based on credible research on eyewitness memory and best practices designed not only to reduce erroneous eyewitness identification, but also to enhance the reliability and objectivity of eyewitness identifications.

703.2 DEFINITIONS A. Blind Procedure – A procedure wherein the person administering the live lineup or photo array does not know who the suspect is. B. Blinded Photo Array Procedure – A procedure wherein the person who administers the photo array knows who the suspect is, but each photo is presented so that the administrator cannot see or track which photograph is being presented to the witness. C. Folder Shuffle Method – A method of administering a photo array such that the administrator cannot see or track which photograph is being presented to the witness until after the procedure is completed. This method is employed when a blind procedure is not possible. D. Fillers – Non-suspect photographs or persons. Fillers are selected to both fit the description of the perpetrator provided by the witness and to insure that no individual or photo stands out. E. Illiterate Person – An individual who speaks and understands English but cannot read and write in English. F. Interpreter – An interpreter is a person who is fluent in English and the language of the witness or victim and who facilitates communication between two parties in two different languages. The term includes persons who facilitate communication with persons who are deaf, hearing impaired, or speaking impaired. G. Live Lineup – An identification procedure in which a group of persons is displayed to the witness or victim in order to identify or exclude the suspect. H. Person with Limited English Proficiency – An individual who is unable to communicate effectively in English with a level of fluency that is typical of native English-speakers.

EYEWITNESS IDENTIFICATION

Such a person may have difficulty speaking, reading, or writing in English and includes persons who can comprehend English, but are physically unable to talk or write. I. Photo Array – An identification procedure in which a series of photographs is displayed to the witness or victim in order to identify or exclude the suspect. J. Sequential, Blind Photo Array – photo arrays where the photographs are presented one at a time to the witness or victim by a person who does not know who the suspect is. This method requires a preparer who may be familiar with the case and an administrator who does not know the identity of the suspect. K. Sequential, Blinded Photo Array – photo arrays where the photographs are presented one at a time to the witness or victim by a person who knows who the suspect is, but who takes steps (i.e. putting the photographs in folders and shuffling them) to avoid knowledge of which person the witness or victim is looking at. This method typically involves an administrator who is familiar with the case and who knows the identity of the suspect. L. Sequential Live Lineup or Photo Array – An identification procedure in which the persons in the live lineup or the photographs in the photo array are displayed one by one (sequentially). M. Show-up – An identification procedure in which a single suspect is shown to a victim or witness soon after the commission of a crime for the purpose of identifying or eliminating the suspect as the perpetrator. N. Witness Certification Statement – A written statement that is read out loud to the witness or victim describing the procedures of the identification process.

703.3 PROCEDURES

703.3.1 PROCEDURAL GUIDELINES 1. Selecting the Best Identification Method (a) Photo arrays are preferred over other techniques because: 1. They can be controlled better: 2. Nervousness can be minimized; and, 3. They are easier to manage logistically. (b) Because they involve multiple persons under relatively controlled circumstances, a properly conducted live lineup, like a properly conducted photo array, is preferable to a show-up. (c) Because they are highly suggestive, show-ups are vulnerable to challenges to their validity. Consequently, a show-up should be employed only where other indicia of guilt are present (e.g., suspect located relatively close in time and place to the crime). (d) Because witnesses may be influenced, however unintentionally, by cues from the person administering the procedure, a blind administrator should be used.

EYEWITNESS IDENTIFICATION

This can be achieved through the use of a blind procedure or a blinded photo array procedure (e.g. the folder shuffle method). (e) Because research shows the sequential presentation of live lineups and photo arrays is less likely to result in misidentification and carry very little risk of increasing the likelihood of failure to identify the suspect, a sequential presentation should be used. 2. Selecting Fillers (a) All persons in the photo array or live lineup should be of the same sex and race and should be reasonably similar in age, height, weight, and general appearance. Ideally, the characteristics of the filler should be consistent with the description of the perpetrator provided by the witness(es). Where there is a limited or inadequate description of the perpetrator provided by the witness(es), where the description of the perpetrator differs significantly from the appearance of the suspect, where a witness has provided a highly detailed description, or where the witness’s description of the perpetrator or the suspect has a highly distinctive feature, fillers should be chosen so that no person stands out in the live lineup or photo array. 3. Explaining that the Perpetrator May or May Not Be Present (a) Because witnesses may be under pressure to identify a suspect, they should be informed that the suspect may or may not be present in a live lineup or photo array and that the person presented in a show-up may or may not be the perpetrator. 4. Explaining that the Investigation will Continue (a) The administrator should also explain to the witness that the investigation will continue, regardless of whether an identification is made, as another way of alleviating pressure on the witness to identify a suspect. 5. Witness Contamination (a) Precautions must be taken to insure that witnesses do not encounter suspects or fillers at any time before or after the identification procedure. Avoid multiple identification procedures in which the same witness views the same suspect more than once. When showing a different suspect to the same witness, do not reuse the same fillers from a previous live lineup or photo array shown to that witness. Witnesses should not be allowed to confer with each other before, during, or after the identification procedure. insure that no one who knows the suspect’s identity is present during live lineup or photo array procedure. In some live lineups, exceptions must be made to allow for the presence of defense counsel. 6. Documenting the Procedure (a) In order to strengthen the evidentiary value of the identification procedure, it should be documented in full. Video documentation is the preferred method. Audio recording is the preferred alternative. If neither method is employed, then the reason for not video or audio recording should be documented.

EYEWITNESS IDENTIFICATION

703.3.2 SEQUENTIAL, BLIND PHOTO ARRAY ADMINISTRATIONS 1. Preparation (a) Designating a Preparer - Preparing the photo array should be undertaken by someone other than the person who will administer the photo array. Ideally, the investigating officer will prepare the photo array as this insures that others who might be involved in the case are not used as fillers. Moreover, because the investigating officer knows who the suspect is, he or she should not be conducting the actual administration of the photo array. (b) Selecting Suspect Photograph - If multiple photos of the suspect are available, choose the photo that most resembles the suspect’s appearance at the time of the crime. Do not include more than one photograph of the same suspect. If the investigating officer does not know what the suspect looked like at the time of the crime, choose the photo that most resembles the victim’s or witness’s description of the perpetrator. If there are multiple suspects, include only one suspect’s photo in the array. (c) Selecting Fillers - All persons in the photo array should be of the same sex and race and should be reasonably similar in age, height, weight, and general appearance. Ideally, the characteristics of the filler should be consistent with the description of the perpetrator provided by the witness(es). Where there is a limited or inadequate description of the perpetrator provided by the witness(es), where the description of the perpetrator differs significantly from the appearance of the suspect, fillers should be chosen so that no person stands out in the photo array. Do not mix color and black and white photos. Use photos of the same size and basic composition. Never mix mug shots with other types of photographs. (d) Choosing Number of Fillers - Wherever possible, include a minimum of five fillers. Because increasing the number of fillers tends to increase the reliability of the procedure, one may have more than the minimum number of fillers. (e) Insuring Similarity - Assess the array to insure that no person stands out from the rest. Cover any portions of the photographs that provide identifying information on the suspect and similarly cover other photographs used in the array. (f) Placing Subject Photographs in Order 1. Place a filler in the lead position. 2. Place the remaining photographs which will comprise the photo array in random order. 3. Place two blank photographs at the end (blanks on the same type of photographic paper as the actual photographs but which will not be shown to the witness; this is intended to cause the witness to think there may still be photographs to view in order to reduce pressure to choose what the witness may presume to be the last photograph). (g) Presenting the Photo Array to the Independent Administrator - Present the ordered photo array to the independent administrator. Do not tell the independent administrator which position the suspect is in.

EYEWITNESS IDENTIFICATION

2. Administration - The administrator of the photo array presentation should be an independent administrator who does not know the identity of the suspect and the witness should be informed of this. In a blind procedure, no one should be present who knows the suspect’s identity. (a) Blinded Administration - If the blind procedure described above is not followed, then the photo array administrator should document the reason why and the administrator should be blinded. That is, he or she should conduct the photo array in a manner such that he or she does not know which person in the array the witness is viewing. (b) Instruct Witness - Each witness should be instructed outside the presence of the other witnesses. The independent administrator should give the witness a written copy of the following Witness Certification Statement and should read the instruction statement aloud at the beginning of each identification procedure: 1. In a moment, I am going to show you a series of photos. The person who committed the crime may or may not be included. I do not know whether the person being investigated is included. Even if you identify someone during this procedure, I will continue to show you all photos in the series. The investigation will continue whether or not you make an identification. Keep in mind that things like hair styles, beards, and mustaches can be easily changed and that complexion colors may look slightly different in photographs. You should not feel you have to make an identification. It is as important to exclude innocent persons as it is to identify the perpetrator. The photos will be shown to you one at a time. Take as much time as you need to look at each one. After each photo, I will ask you "Is this the person you saw [insert description of act here]?" Take your time answering the question. If you answer "Yes," I will then ask you, "In your own words, can you describe how certain you are?" Because you are involved in an ongoing investigation, in order to prevent damaging the investigation, you should avoid discussing this identification procedure or its results. Do you understand the way the photo array procedure will be conducted and the other instructions I have given you? (c) Document Consent to Participate - Witnesses should then be asked to read the following additional paragraph and sign and date below. 1. I have read these instructions, or they have been read to me, and I understand the instructions. I am prepared to review the photographs, and I will follow the instructions provided on this form. NOTE: Some witnesses may decline to sign. When a witness declines to sign, it is sufficient for the investigating officer to document that the witness was appropriately instructed. (d) Presentation of Photographs - Present each photo to the witness separately (one at a time), in order. When the witness is finished viewing the photo, have the witness hand the photo back.

EYEWITNESS IDENTIFICATION

(e) Question Witness - After the witness has looked at a photo and handed it back, ask: “Is this the person you saw [insert description of act here]?" If the witness answers "Yes," ask the witness, “In your own words, can you describe how certain you are?” (f) Document Witness’s Responses - Document the witness’s response using the witness’s own words. Have the witness complete the appropriate section of the Witness Certification Statement to reflect the outcome of the procedure. (g) Show All Photographs - Even if the witness makes an identification, show the witness the next photo until the investigating officer has gone through all the photographs. If a witness asks why he or she must view the rest of the photos, despite already making an identification, simply tell the witness that to assure objectivity and reliability, the witness is required to view all of the photographs. (h) Avoid Feedback During the Procedure - Do not give the witness any feedback regarding the individual selected or comment on the outcome of the identification procedure in any way. Be aware that witnesses may perceive such things as unintentional voice inflection or prolonged eye contact, in addition to off- hand words or phrases, as messages regarding their selection. Avoid casual conversation comments such as “very good.” Be polite but purposeful when speaking. (i) Additional Viewings - Only upon request of the witness may he/she view the photo array again after the first photo array procedure has been completed. If the witness requests an additional viewing, the photo array administrator should present the entire photo array in the same order as the original presentation a second time. If this occurs, it must be documented. The photo array administrator should never suggest an additional viewing to the witness. It is recommended that the witness not be allowed to view the photo array more than twice. (j) Subsequent Use of Materials - Insure that if the witness writes on, marks, or in any way alters identification materials, those materials are not used in subsequent procedures. (k) Multiple Identification Procedures With Same Witness - Avoid multiple identification procedures in which the same witness views the same suspect more than once. (l) Multiple Identification Procedures With Different Witness - If the investigating officer needs to show the same suspect to a new witness, have the preparer remix the photo array and renumber them accordingly. (m) Multiple Suspects - When there are multiple suspects, a separate photo array should be conducted for each suspect. There should not be more than one suspect per photo array. (n) Reuse of Fillers - When showing a different suspect to the same witness, do not reuse the same fillers from a previous array shown to that witness. (o) Contact Among Witnesses - To the extent possible, prevent witnesses from conferring with each other before, during, and after the photo array procedure.

EYEWITNESS IDENTIFICATION

(p) Identification of Special Features - Only after an identification is made should a follow-up interview assess any relevant factors that support the identification, such as: special facial features, hair, marks, etc. 3. Special Procedures Required for Illiterate Persons or Persons Who Possess Limited English Proficiency (a) Be Alert to People Who do not Speak English or Possess Limited English Proficiency - Given the diversity of communities, police officers may encounter persons who do not speak English or who possess limited English proficiency in the course of a criminal investigation. When presented with this situation, officers should carefully consider the ethical and legal ramifications of how to handle the case when there is a language barrier. (b) Using an Interpreter - Unless the administrator speaks the victim’s or witness’s language fluently, an interpreter should be used for persons who do not speak English. The interpreter shall sign the Witness Instruction Statement on obtaining consent of a non-English speaking person to assist in the eyewitness identification process. Law enforcement personnel should consider arranging for an interpreter if a person interviewed: 1. Is unable to communicate in English; 2. Has a limited understanding of English; 3. Is deaf, hearing impaired, or speaking impaired; or, 4. Is otherwise physically challenged to communicate in English. (c) Review and Explain Forms - If the person is unable to read, the administrator, in the presence of the witness, will give the explanation, read any forms, and obtain consent and acknowledge the consent on the Witness Certification Statement, stating why the person was unable to sign the form. 4. Documentation - In order to strengthen the evidentiary value of the administration it should be documented in full. Video documentation (with audio) is the preferred method. Audio recording is the preferred alternative. If neither method is employed, then the reason for not video or audio recording should be documented. Preserve the photo array, together with all information about the identification process.

703.3.3 SEQUENTIAL, BLINDED PHOTO ARRAY ADMINISTRATIONS 1. Preparation (a) Select Suspect Photograph - If multiple photos of the suspect are available, choose the photo that most resembles the suspect’s appearance at the time of the crime. Do not include more than one photograph of the same suspect. If the investigating officer does not know what the suspect looked like at the time of the crime, choose the photo that most resembles the victim’s or witness’s description of the perpetrator. If there are multiple suspects, include only one suspect’s photo in the array.

EYEWITNESS IDENTIFICATION

(b) Selecting Fillers- All persons in the photo array should be of the same sex and race and should be reasonably similar in age, height, weight, and general appearance. Ideally, the characteristics of the filler should be consistent with the description of the perpetrator provided by the witness(es). Where there is a limited or inadequate description of the perpetrator provided by the witness(es), where the description of the perpetrator differs significantly from the appearance of the suspect, fillers should be chosen so that no person stands out in the photo array. Do not mix color and black and white photos. Use photos of the same size and basic composition. Never mix mug shots with other types of photographs. (c) Choosing Number of Fillers - Whenever possible, include a minimum of five fillers. Because increasing the number of fillers tends to increase the reliability of the procedure, one may have more than the minimum number of fillers. (d) Insuring Similarity - Assess the array to insure that no person stands out from the rest. Cover any portions of the photographs that provide identifying information on the suspect and similarly cover other photographs used in the array. (e) Placing Subject Photographs in Order 1. Place a filler in a folder and set it aside for placement in the lead position. 2. Place the remaining photographs which will comprise the photo array in separate folders and place them in random order (mix them up) so the investigating officer does not know which photograph is in which folder. 3. Take the folder (set aside in step 1), above and place it in the lead position. 4. Place two empty folders at the end. 5. Number the folders. 2. Administration (a) Blinded Administration - The purpose of a blinded administration is to conduct the photo array in a manner such that the administrator does not know which person in the array the witness is viewing. (b) Instruct Witness - Each witness should be instructed outside the presence of the other witnesses. The blinded administrator should give the witness a written copy of the following Witness Instruction Statement and should read the instruction statement aloud at the beginning of each identification procedure: The folders in front of you contain photos. In a moment, I am going to ask you to look at the photos. The person who committed the crime may or may not be included in the photos. I do not know whether the person being investigated is included. Although I placed the photos into the folders, I have shuffled the folders so that right now I do not know which folder contains a particular photo.Even if you identify someone during this procedure, I will continue to show you all photos in the series. The investigation will continue whether or not you make an identification.Keep in mind that things like hair styles, beards, and mustaches can be easily changed and that complexion colors may look slightly different in photographs. You should not feel you have to make

EYEWITNESS IDENTIFICATION

an identification. It is as important to exclude innocent persons as it is to identify the perpetrator.You will look at the photos one at a time.When you open a folder, please open it in a manner that does not allow me to see the photo inside the folder. Take as much time as you need to look at each one. When you have finished looking at a photo, close the folder and hand it to me. I will then ask you, “Is this the person you saw [insert description of act here]?" Take your time answering the question. If you answer "Yes," I will then ask you, "In your own words, can you describe how certain you are?" Because you are involved in an ongoing investigation, in order to prevent compromising the investigation, you should avoid discussing this identification procedure or its results. Do you understand the way the photo array procedure will be conducted and the other instructions I have given you? (c) Document Consent to Participate - Witnesses should then be asked to read the following additional paragraph and sign and date below. I have read these instructions, or they have been read to me, and I understand the instructions. I am prepared to review the photographs, and I will follow the instructions provided on this form. NOTE: Some witnesses may decline to sign. When a witness declines to sign, it is sufficient for the investigating officer to document that the witness was appropriately instructed. (d) Present Folders - Present each folder to the witness separately (one at a time), in order. The blinded administrator should not be in a position to view the photographs while the witness is viewing the photographs. The eyewitness should be the only person viewing the photographs. When the witness is finished viewing the photo, have the witness hand the folder back. (e) Question Witness - After the witness has looked at a photo and handed it back, ask: “Is this the person you saw [insert description of act here]?" If the witness answers "Yes," ask the witness, “In your own words, can you describe how certain you are?” (f) Document Witness’s Responses - Document the witness’s response using the witness’s own words. Have the witness complete the appropriate section of the Witness Certification Statement to reflect the outcome of the procedure. (g) Show All Folders with Photos - Show all folders containing photos to the witness. Even if the witness makes an identification, show the witness the next photo until the investigating officer has gone through all the photographs. If a witness asks why he or she must view the rest of the photos, despite already making an identification, simply tell the witness that to assure objectivity and reliability, the witness is required to view all of the photographs. (h) Avoid Feedback During the Procedure - Do not give the witness any feedback regarding the individual selected or comment on the outcome of the identification procedure. Be aware that witnesses may perceive such things as unintentional voice inflection or prolonged eye contact, in addition to off-hand words or phrases, as messages regarding their selection. Avoid casual conversation comments such as “very good.” Be polite but purposeful when speaking.

EYEWITNESS IDENTIFICATION

(i) Additional Viewings - Only upon request of the witness may the witness view the photo array again after the first photo array procedure has been completed. If the witness requests an additional viewing, the photo array administrator should present the entire photo array in the same order as the original presentation a second time. If this occurs, it must be documented. The photo array administrator should never suggest an additional viewing to the witness. It is recommended that the witness not be allowed to view the photo array more than twice. (j) Subsequent Use of Materials - Insure that if the witness writes on, marks, or in any way alters identification materials, those materials are not used in subsequent procedures. (k) Multiple Identification Procedures with Same Witness - Avoid multiple identification procedures in which the same witness views the same suspect more than once. (l) Multiple Identification Procedures with Different Witness - When there are multiple suspects, a separate photo array should be conducted for each suspect. There should not be more than one suspect per photo array. (m) Multiple Suspects - When there are multiple suspects, a separate photo array should be conducted for each suspect. There should not be more than one suspect per photo array. (n) Reuse of Fillers - When showing a different suspect to the same witness, do not reuse the same fillers from a previous array shown to that witness. (o) Contact Among Witnesses - To the extent possible, prevent witnesses from conferring with each other before, during, and after the photo array procedure. (p) Identification of Special Features - Only after an identification is made should a follow-up interview assess any relevant factors that support the identification, such as: special facial features, hair, marks, etc. 3. Special Procedures are Required for Illiterate Persons or Persons Who Possess Limited English Proficiency (a) Be Alert to People Who do not Speak English or Possess Limited English Proficiency - Police officers may encounter persons who do not speak English or who possess limited English proficiency in the course of a criminal investigation. Where presented with this situation, officers should carefully consider the ethical and legal ramifications of how to handle the case when there is a language barrier. (b) Using an Interpreter - Unless the administrator speaks the victim’s or witness’s language fluently, an interpreter should be used for persons who do not speak English. The interpreter shall sign the Witness Certification Statement on obtaining consent of a non-English speaking person to assist in the eyewitness identification process. Law enforcement personnel should consider arranging for an interpreter if a person interviewed: 1. Is unable to communicate in English;

EYEWITNESS IDENTIFICATION

2. Has a limited understanding of English; 3. Is deaf, hearing impaired, or speaking impaired; or, 4. Is otherwise physically challenged to communicate in English. (c) Review and Explain Forms - If the person is unable to read, the administrator, in the presence of the witness, will give the explanation, read any forms, and obtain consent and acknowledge the consent on the Witness Instruction Statement, stating why the person was unable to sign the form. 4. Documentation - In order to strengthen the evidentiary value of the administration it should be documented in full. Video documentation (with audio) is the preferred method. Audio recording is the preferred alternative. If neither method is employed, then the reason for not video or audio recording should be documented. Preserve the photo array, together with all information about the identification process.

703.3.4 SEQUENTIAL, BLIND LIVE LINEUPS 1. Preparation (a) Designating a Preparer - Preparing the live lineup should be undertaken by someone other than the person who will administer the live lineup. Ideally, the investigating officer will prepare the live lineup as this insures that others who might be involved in the case are not used as fillers. Moreover, because the investigating officer knows the identity of the suspect, he or she should not conduct the actual administration of the live lineup. (b) Selecting Fillers - All persons in the live lineup should be of the same sex and race and should be reasonably similar in age, height, weight, and general appearance. Ideally, the characteristics of the filler should be consistent with the description of the perpetrator provided by the witness(es). Where there is a limited or inadequate description of the perpetrator provided by the witness(es),where the description of the perpetrator differs significantly from the appearance of the suspect, fillers should be chosen so that no person stands out in the live lineup. (c) Choosing Number of Fillers - Whenever possible, include a minimum of five fillers. Because increasing the number of fillers tends to increase the reliability of the procedure, one may have more than the minimum number of fillers. (d) Insuring Similarity - Assess the lineup to insure that no person stands out from the rest. (e) Placing the Subjects in Order - Place a filler in the lead position and place the remaining persons who will comprise the live lineup in random order. (f) Presenting the Live lineup to Administrator - Present the ordered live lineup to the administrator. Do not tell the administrator which position is the suspect. 2. Administration - The administrator of the live lineup should be an independent administrator who does not know the identity of the suspect and the witness should be informed of this. In a blind procedure, no one should be present who knows the

EYEWITNESS IDENTIFICATION

suspect’s identity. In some live lineups, exceptions must be made to allow for the presence of defense counsel. Once the live lineup commences, defense counsel’s role is limited to that of observer. (a) Instruct Witness - Each witness should be instructed outside the presence of the other witnesses. The live lineup administrator should give the witness a written copy of the following Witness Certification Statement and should read the instruction statement aloud at the beginning of each identification procedure: In a moment, I am going to show you a series of individuals. The person who committed the crime may or may not be included. I do not know whether the person being investigated is included. The investigation will continue whether or not you make an identification. Even if you identify someone during this procedure, I will continue to show you all individuals in the series. Keep in mind that things like hair styles, beards, and mustaches can be easily changed. You should not feel you have to make an identification. It is as important to exclude innocent persons as it is to identify the perpetrator. The individuals will be shown to you one at a time. Take as much time as you need to look at each one. After each individual, I will ask you "Is this the person you saw [Insert description of act]?" Take your time answering the question. If you answer "Yes," I will then ask you, "In your own words, can you describe how certain you are?" Because you are involved in an ongoing investigation, in order to prevent damaging the investigation, you should avoid discussing this identification procedure or its results. Do you understand the way the lineup procedure will be conducted and the other instructions I have given you? (b) Document Consent to Participate - Witnesses should then be asked to read the following additional paragraph and sign and date below: I have read these instructions, or they have been read to me, and I understand the instructions. I am prepared to view the individuals who will be presented to me, and I will follow the instructions provided on this form. NOTE: Some witnesses may decline to sign. When a witness declines to sign, it is sufficient for the investigating officer to document that the witness was appropriately instructed. (c) Presentation of Subjects - Begin with all live lineup participants out of the view of the witness. Present each subject one at a time in the order presented to the administrator by the preparer. Present each individual to the witness separately, removing those previously shown from the field of view. (d) Question Witness - After each individual is shown, ask the witness: "Is this the person you saw [insert description of act]?" If the witness answers "Yes," ask the witness, "In your own words, can you describe how certain you are?" Document the witness’s response using the witness’s own words. (e) Document Witness’s Responses - Document the witness’s response using the witness’s own words. Have the witness complete the appropriate section of the Witness Certification Statement to reflect the outcome of the procedure. (f) Show Every Subject - Even if the witness makes an identification, show the witness the next subject until all subjects have been shown. If a witness asks

EYEWITNESS IDENTIFICATION

why he or she must view the rest of the subjects despite already making an identification, simply tell the witness that to assure objectivity and reliability, the witness is required to view all of the subjects. (g) Consistency of Actions - Insure that any identification actions (e.g., speaking, moving) are performed by all members of the live lineup. (h) Avoid Feedback During the Procedure - Do not give the witness any feedback regarding the individual selected or comment on the outcome of the identification procedure in any way. Be aware that witnesses may perceive such things as unintentional voice inflection or prolonged eye contact, in addition to off- hand words or phrases, as messages regarding their selection. Avoid casual comments such as “very good.” Be polite but purposeful when speaking. (i) Additional Viewings - Only upon request of the witness may the witness view the lineup again after the first live lineup has been completed. If the witness requests an additional viewing, the independent administrator should present the entire live lineup a second time. If this occurs, it must be documented. The live lineup administrator should never suggest additional viewing. It is recommended that the witness not be allowed to view the live lineup more than twice. (j) Multiple Identification Procedures With Same Witness - Avoid multiple identification procedures in which the same witness views the same suspect more than once. (k) Multiple Identification Procedures With Different Witness - If the investigating officer needs to show the same suspect to a new witness, have the preparer change the order of the subjects in the lineup. (l) Multiple Suspects - When there are multiple suspects, a separate live lineup should be conducted for each suspect. There should not be more than one suspect per lineup. (m) Reuse of Fillers - When showing a different suspect to the same witness, do not reuse the same fillers from a previous lineup shown to that witness. (n) Contact Among Witnesses - To the extent possible, prevent witnesses from conferring with each other before, during, and after the live lineup procedure. (o) Contact between Witnesses, Suspects, and Fillers - Take precautions to insure that witnesses do not encounter suspects or fillers at any time before or after the identification procedure. (p) Identification of Special Features - Only after an identification is made should a follow-up interview assess any relevant factors that support the identification, such as: special facial features, hair, marks, etc. 3. Special Procedures Required for Illiterate Persons or Persons Who Possess Limited English Proficiency (a) Be Alert to People Who do not Speak English or Possess Limited English Proficiency - Police officers may encounter persons who do not speak English or who possess limited English proficiency in the course of a criminal investigation. Where presented with this situation, officers should carefully consider the ethical

EYEWITNESS IDENTIFICATION

and legal ramifications of how to handle the case when there is a language barrier. (b) Using an Interpreter - Unless the administrator speaks the victim’s or witness’s language fluently, an interpreter should be used for persons who do not speak English. The interpreter shall sign the Witness Certification Statement on obtaining consent of a non-English speaking person to assist in the eyewitness identification process. Law enforcement personnel should consider arranging for an interpreter if a person interviewed: 1. Is unable to communicate in English; 2. Has a limited understanding of English; 3. Is deaf, hearing impaired or speaking impaired; or, 4. Is otherwise physically challenged to communicate in English. (c) Review and Explain Forms - If the person is unable to read or write, the administrator, in the presence of the witness, will give the explanation, read any forms, and obtain consent and acknowledge the consent on the Witness Certification Statement, stating why the person was unable to sign the form. 4. Documentation - In order to strengthen the evidentiary value of the administration, it should be documented in full. Video documentation (with audio) is the preferred method. Audio recording is the preferred alternative. If neither method is employed, then the reason for not video or audio recording should be documented. A still photograph of each individual in the live lineup should be taken and details of all persons present during the live lineup should be documented.

703.3.5 SHOW UPS 1. Preparation (a) Contact Among Witnesses - Separate witnesses and do not allow communication between them before or after conducting a show-up. (b) Document Witness’s Description of Perpetrator - Document the witness’s description of the perpetrator prior to conducting the show-up. (c) Temporal and Spatial Proximity to the Offense - Use show-ups only where the suspect is detained within a reasonably short time frame following the offense and is found in relatively close proximity to the offense location. Although this is dependent on the individual circumstances of each case, courts have generally held that a two-hour time lapse is acceptable. (d) Transport Witness to Suspect - Transport the witness to the location of the suspect whenever practical rather than bringing the suspect to the witness. The suspect may be taken to a location where the witness can view the suspect for possible identification. (e) Do not Return Suspect to Crime Scene - Suspects should not be taken to the scene of the crime.

EYEWITNESS IDENTIFICATION

(f) Disclosure of Location of Witness’s Home - Consider carefully whether to take the suspect to the witness’s or victim’s home. (g) Avoid Appearance of Guilt - Do not conduct show-ups when the suspect is in a patrol car, handcuffed, or physically restrained by police officers unless such protective measures are necessary to insure safety. (h) Minimize Reliance on Show-ups - If one witness identifies the suspect, the investigating officer is strongly urged to use a photo array or a live lineup with any remaining witnesses. 2. Administration (a) Instruct Witness - Each witness should be instructed outside the presence of the other witnesses. The show-up administrator should give the witness a written copy of the following Witness Certification Statement and should read the instruction statement aloud at the beginning of the show-up identification procedure: In a moment, I am going to show you a person who may or may not be the person who committed the crime. You should not feel you have to make an identification. It is as important to exclude innocent persons as it is to identify the perpetrator. The investigation will continue whether or not you make an identification. Because you are involved in an ongoing investigation, in order to prevent damaging the investigation, you should avoid discussing this identification procedure or its results. Do you understand the procedure and the instructions I have given you? (b) Presentation of Suspect and Questioning of Witness - Present the suspect to the witness and ask the witness whether the person they are looking at is the person they saw commit the crime. If the witness answers "Yes," ask the witness to describe, in their own words, how certain they are. (c) Document Witness’s Response - Document the witness’s response using the witness’s own words. (d) Multiple Identification Procedures With Same Witness - Avoid multiple identification procedures in which the same witness views the same suspect more than once. (e) Avoid Requirement of Performance by the Suspect - Do not require show-up suspects to put on clothing worn by, speak words uttered by, or perform other actions of the perpetrator. (f) Avoid Conduct Suggestive of the Suspect’s Guilt - Officers should avoid words or conduct that may suggest to the witness that the individual is or may be the perpetrator. (g) Contact Among Witnesses - Remind the witness not to talk about the show-up to other witnesses until police or prosecutors deem it permissible. 3. Special Procedures Required for Illiterate Persons or Persons Who Possess Limited English Proficiency

EYEWITNESS IDENTIFICATION

(a) Be Alert to People Who do not Speak English or Possess Limited English Proficiency - Police officers may encounter persons who do not speak English or who possess limited English proficiency in the course of a criminal investigation. Where presented with this situation, officers should carefully consider the ethical and legal ramifications of how to handle the case when there is a language barrier. (b) Using an Interpreter - Unless the show-up administrator speaks the victim’s or witness’s language fluently, an interpreter should be used for persons who do not speak English. Law enforcement personnel should consider arranging for an interpreter if a person interviewed: 1. Is unable to communicate in English; 2. Has a limited understanding of English; 3. Is deaf, hearing impaired, or speaking impaired; or, 4. Is otherwise physically challenged to communicate in English. 4. Documentation (a) In order to strengthen the evidentiary value of the administration it should be documented in full including the time, date, and location of the procedure, identities of persons present, and the outcome of the procedure. Video documentation (with audio) is the preferred method. Audio recording is the preferred alternative. If neither method is employed, then the reason for not video or audio recording should be documented.

CONFIDENTIAL FUND MONIES

704.1 PURPOSE It is the policy of this Law Enforcement Agency to maintain stringent control over all confidential fund monies used by this agency, to insure that the funds are used only for authorized purposes.

704.2 DEFINITIONS A. Confidential Fund - The agency accounting and banking system that provides Officers with investigative expense monies. B. Confidential Fund Custodian - The employee designated responsible for dispensing and monitoring the use of investigative funds. C. Individual Confidential Fund Account - An individual account of funds, issued to authorized personnel, for use in investigations.

704.3 PROCEDURES

704.3.1 CONFIDENTIAL FUND MAINTENANCE 1. The Confidential Fund Custodian shall have the following responsibilities with respect to the agency’s fund: (a) Maintenance of the fund in accordance with all appropriate laws and procedures, (b) Proper disbursements and deposits. (c) Bookkeeping and banking procedures, (d) Direction of a quarterly internal audit of the fund by a third party, (e) Maintenance of a file containing copies of all relevant fund transaction documents, (f) Purging of the confidential fund records in accordance with the state records retention provisions, and (g) Forwarding to the Chief of Police a monthly summary detailing monies on hand, monies spent, and general reasons for expenditures, by the 5th day of each month. 2. An independent account authority from outside the Department shall perform an annual audit of the confidential fund in order to evaluate the continued integrity of the fund and the need for any additional controls. 3. The confidential fund custodian shall make a disbursement from the confidential fund only to authorized personnel and may issue investigative personnel an individual confidential fund account. 4. Confidential funds are only to be used for the following purposes: (a) Payments that are to be made directly to confidential informants,

CONFIDENTIAL FUND MONIES

(b) Investigative funds for the purchase of illegal drugs, contraband or other criminal evidence, (c) Purchase of food, beverages or lodging for a confidential informant, (d) Expenditures for authorized undercover operations, or (e) Flash and/or front money.

704.3.2 ACCOUNTING FOR EXPENDED FUNDS 1. Upon expending any monies from the fund, each Officer shall submit a Narcotic Account Transaction Report within three days of the expenditure. The report shall be turned in to the confidential fund custodian and include any applicable receipts. 2. For all funds expended, the Officer issuing payment shall insure that an appropriate receipt is obtained, unless such action would jeopardize a transaction or operation. 3. The confidential fund custodian shall be responsible for payments made to confidential informants. Monies paid to the informants shall be receipted and witnessed by an additional Officer with both initialing the receipt. 4. Each investigator may maintain a personal file containing a record of all his/her confidential fund transactions, and copies of all relevant agency fund forms.

704.3.3 ACCOUNTING FOR EXPENDED FUNDS 1. Upon expending any monies from the fund, each Officer shall submit a Narcotic Account Transaction Report within three days of the expenditure. The report shall be turned in to the confidential fund custodian and include any applicable receipts. 2. For all funds expended, the Officer issuing payment shall insure that an appropriate receipt is obtained, unless such action would jeopardize a transaction or operation. 3. The confidential fund custodian shall be responsible for payments made to confidential informants. Monies paid to the informants shall be receipted and witnessed by an additional Officer with both initialing the receipt. 4. Each investigator may maintain a personal file containing a record of all his/her confidential fund transactions, and copies of all relevant agency fund forms.

COOPERATING INDIVIDUALS

705.1 PURPOSE In many instances, a successful investigation cannot be conducted without the use of Cooperating Individuals (CI’s). While the use of CI’s is an effective tool in investigations, it can be undermined by the misconduct of either the CI or the officer utilizing the cooperating individual. Therefore, it shall be the policy of this law enforcement agency to take necessary precautions by developing sound cooperating individual control procedures.

705.2 DEFINITIONS A. CI – “Cooperating Individual,” hereafter referred to as ‘CI.” B. Cooperating Individual File - A file maintained in order to document all information that pertains to cooperating individuals. C. Unreliable Cooperating Individual File - A file containing information pertaining to individuals determined generally unfit to perform as cooperating individuals.

705.3 PROCEDURES

705.3.1 ESTABLISHMENT OF A COOPERATING INDIVIDUAL FILE SYSTEM 1. The commanding officer in charge of the Criminal Investigations Division or his designee shall be responsible for developing and maintaining master cooperating individual files and an indexing system. 2. A file shall be maintained on each CI used by officers. Each file shall be coded with an assigned cooperating individual control number and shall contain the following information: (a) Cooperating individual’s name (b) Name of officer initiating use of the cooperating individual (c) Cooperating individual’s photograph, fingerprints and criminal history record (d) Briefs of information provided by the CI and its subsequent reliability. If a cooperating individual is determined to be unreliable, the cooperating individual’s file shall be placed in the unreliable cooperating individual’s file. (e) Signed cooperating individual agreement (f) Update on active or inactive status of cooperating individual. 3. The confidential and unreliable cooperating individual files should include an indexing system. An cooperating individual history summary, coded with the cooperating individual control number, shall be prepared to correspond to each cooperating individual file and include the following information: (a) Special skills or avocations (b) Date of birth

COOPERATING INDIVIDUALS

(c) Aliases (d) Height, weight, hair color, eye color, race, sex, scars, tattoos or other distinguishing features (e) Current home address and telephone number (f) Residential addresses over the past five (5) years (g) Current employer, position, address and telephone number (h) Marital status and number of children (i) Vehicles owned and their registration numbers, and (j) Places frequented. 4. Cooperating individual files shall be maintained in a secured area within the criminal investigations division and/or other secure location. 5. The two cooperating individual files shall be utilized in order to: (a) Provide a source of background information about the cooperating individual; (b) Provide a complete history of the information received from the cooperating individual; (c) Enable review and evaluation by the appropriate supervisor of information given by the cooperating individual; and (d) Minimize incidents that could be used to question the integrity of investigators or the reliability of the CI. 6. Access to the cooperating individual files shall be restricted to the chief law enforcement executive, the Criminal Investigations Division Commander or their designee. 7. Sworn personnel may only review an individual’s cooperating individual file upon the approval of the Chief or the Commander of Criminal Investigations. The requesting officer shall submit a written request explaining the need for review. A copy of the request explaining the need for review. A copy of this request, with the officer’s name, shall be maintained in the CI’s file.

705.3.2 USE OF COOPERATING INDIVIDUALS 1. Only those officers assigned to a specialized division with express authorization to utilize and maintain CI’s will do so. 2. Before using an individual as a CI, an officer must receive initial approval from a supervisor authorized to make this approval. 3. The officer shall compile sufficient information through a background investigation in order to determine the reliability and credibility of the individual. 4. After the officer receives initial approval to use an individual as a CI, a cooperating individual file shall be opened.

COOPERATING INDIVIDUALS

5. All persons determined to be unsuitable for use as a CI shall be referenced in the Unreliable Cooperating Individual File. 6. An officer wishing to utilize an unreliable cooperating individual shall receive prior approval from the Criminal Investigations Division Commander.

705.3.3 GENERAL GUIDELINES FOR HANDLING COOPERATING INDIVIDUALS 1. All CI’s are required to sign and abide by the provisions of the department cooperating individual agreement. The officer utilizing the CI shall discuss each of the provisions of the agreement with the CI, with particular emphasis on the following: (a) Cooperating individuals are not law enforcement officers. They have no arrest powers, are not permitted to conduct searches and seizures and may not carry a weapon. (b) Cooperating individuals will be arrested if found engaging in any illegal activity. They will receive no special legal considerations. (c) Cooperating individuals are not to take, and the department will not condone, any actions that may be considered entrapment. Entrapment occurs where the cooperating individual encourages, persuades or otherwise motivates a person to engage in criminal activity. 2. No member of this agency shall knowingly maintain a social relationship with CI’s while off duty, or otherwise become personally involved with CI’s. Members of this agency shall not solicit, accept gratuities or engage in any private business transaction with a CI. 3. An officer shall always be accompanied by another officer when meeting a CI. 4. Juveniles shall only be utilized as CI’s in accordance with departmental regulations and state laws pertaining to juveniles

DEATH INVESTIGATIONS

706.1 PURPOSE The purpose of this directive is to provide direction for officers in the investigation of deceased persons.

706.2 DEFINITIONS A. Deceased Person - Deceased person, when used in law enforcement terminology, applies to any person who has died from natural causes. Law enforcement personnel get involved when the deceased person has died alone and unattended by a physician. B. Murder/Homicide - Murder/homicide occurs when one person takes the life of another.

706.3 PROCEDURES

706.3.1 FIRST AID 1. Ascertain if victim is still alive. 2. IF VICTIM IS ALIVE, GIVE FIRST AID. 3. If the subject is a victim of a violent crime and is alive and conscious, attempt to elicit a dying declaration. (a) Declaration must be under a sense of impending death. (b) The declarant must have abandoned all hope of life. (c) Subject matter is limited to facts surrounding the fatal stroke. 4. Dying Declaration - Ask the following questions of the victim on tape if possible or in the presence of a witness. (Recorded answers need not be exact BUT must convey that the victim knows or believes he is about to die): (a) Who did this to you? (b) What is your name and address? (c) Do you believe that you are about to die? (d) Do you have any hope of recovery from the effects of the injuries you have received? (e) Tell me how you received the injury from which you are now suffering. (f) Give me the name of description of the person who did this to you and why.

706.3.2 VIOLENT CRIME VICTIM/UNATTENDED/SUSPICIOUS DEATH INVESTIGATIONS 1. Officers investigating a death will first determine the circumstances surrounding the death. This section outlines general procedures for the investigation of violent crime, unattended and suspicious deaths.

DEATH INVESTIGATIONS

2. Establish a perimeter around crime scene. A secondary/outer perimeter may be established as the situation dictates. 3. Limit the number of personnel allowed inside crime scene. Log all personnel entering the crime scene, their purpose at the crime scene, and the times entering and leaving the crime scene. 4. Establish a staging area for any media. Information or interviews to the press should be made in accordance with the department’s Media Policy. 5. Notify the detective on-call to respond to the scene. This detective will coordinate scene security and the on-scene investigation. 6. Determine if a crime scene investigator should respond to assist with the collection of evidence and photographing the scene. 7. Protect the crime scene by: (a) Securing all entrances and exits to keep sightseers and members of the press from accidentally destroying evidence. 1. Limit the people present. 2. One person should be in complete charge of the crime scene. All superior officers should report to him and ask for orders. 3. Protect footprints, fingerprints, blood stains, etc. from injury by placing evidence tag or an officer near the evidence to insure that it will not be destroyed. 8. Designate one person to pick up all physical evidence. No one should touch or move anything until after the evidence officer is finished. 9. A systematic, detailed search of the crime scene should be conducted. After this search, have another team research the area. This is done under the theory that one person will see items of evidence that will escape another person. 10. Detailed digital photographs should be taken. 35 mm photos may also be taken as back-ups. 11. The initial offense report should be completed by the assigned patrol officer with a copy forwarded to the detective assigned to the investigation.

706.3.3 SCENE INVESTIGATION: HOSPICE/ATTENDED DEATH 1. Upon arrival, the investigation patrol officer will determine: (a) If the deceased was a hospice patient under care in the final stages of life. (b) If a hospice nurse/attendant was present at the time of death. (c) If death was expected. 2. The officer will obtain the following: (a) The identity of the reportee/hospice attendant.

DEATH INVESTIGATIONS

(b) Information detailing the medical condition of the decedent and name of physician expected to sign the death certificate. (c) List of medications taken. (d) Intended care for remains. (e) Identity of nearest next of kin. 3. Medications (a) Officers shall assume custody of any remaining medications prescribed to the decedent and submit medications as evidence as outlined in 700 Evidence and Property, (700.3.8-2 Narcotic Weighing and Packaging) unless: 1. The officer observes that the medications were destroyed by the hospice nurse/attendant through neutralization in a compound intended for that purpose. This destruction will be documented in the report. 2. The medication is to be retained by a licensed care facility when the death occurs in such a facility. The retention will be documented in the report. (b) To avoid potentially negative impact on the environment medication will not be destroyed by introduction into the sewer system 4. Officers shall conduct a visual inspection of the deceased to determine if evidence of foul play or intentional neglect could have contributed to death. If such evidence exists, the investigation will be handled in the manner outlined in Section 706.3.2 above. 5. Officers will obtain a written statement from the hospice attendant and/or family member present and complete a “Death Investigation” report. 6. Officers will not intrude on the grief or memorialization of the deceased by family members. Upon completion of the on-scene investigation, officers should return to service unless requested to remain by family. 7. Photos of the deceased and surrounding scene may be taken at the discretion of the investigating officer.

706.3.4 BODY AND POST MORTEM 1. If an autopsy is to be conducted on a victim of a violent crime or a person that died under suspicious circumstances, an officer, detective or crime scene technician should be designated to attend the autopsy. 2. The medical examiner’s office has procedures established to prevent contamination or loss of evidence. The detective/officer present may observe the autopsy procedure and make a detailed supplement to the offense report regarding the initial findings of the pathologist. The officer/detective at the autopsy should convey details of the crime scene investigation to the pathologist, and, if the defendant has made a statement that the victim was in a certain position, this should be related to the pathologist. 3. Photographs of the position of the body at the crime scene can be valuable aid to the pathologist in determining whether the location of the post mortem lividity is consistent with the position of the body as depicted by the photographs.

EXECUTING SEARCH WARRANTS

707.1 PURPOSE It is the intention to explain, in understandable language, the State and Federal requirements one must follow in executing a search warrant, conducting a search pursuant to a search warrant, the necessity for jurisdictional officers if the location to be searched is outside our city and a method of entry with assignments when executing search warrants.

707.2 DEFINITIONS A. Search Warrant - A written order issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to this order.

707.3 PROCEDURES

707.3.1 OBTAINING SUPERVISORY PERMISSION TO EXECUTE SEARCH WARRANT 1. Even though law enforcement officers have the necessary authority to execute search warrants, one must remember that certain restrictions are placed on this authority. 2. Any police officer that has intentions of filing an affidavit for Search Warrant should first contact his immediate supervisor and gain his permission. 3. The Criminal Investigations Division shall be contacted to assist in the writing, approval and execution of search warrants except in cases of crash investigations or blood draws related to intoxication offenses. 4. The Criminal Investigations Division Commander or his designee will assign an operation leader. The operation leader will have the following responsibilities: (a) He must make sure that the search warrant is signed by an appropriate magistrate. (b) He must prepare a written operation plan, assemble the operation team, and conduct a pre-operation briefing prior to executing the search warrant. (c) He supervises the operation, making all necessary decisions, while coordinating the efforts of those involved from beginning to end.

707.3.2 OPERATION PLANNING 1. The Division Commander or his designee appointing the operation leader shall verify that an operation plan for the execution of the search warrant is complete and thorough before the execution is attempted. The written operation plan should be used as the basis for the pre-operation briefing. 2. The Criminal Investigations Division Commander or his designee shall determine the need for tactical team participation in the operation.

EXECUTING SEARCH WARRANTS

3. When selecting an operation team, the operation leader shall consider the following: (a) The number of officers that can safely execute the operation. (b) The use of tactical officers. (c) The nature of the warrant. (d) The number of suspects. (e) The size of the objective. (f) Any factors revealed during the investigation.

707.3.3 PRE-OPERATION BRIEFING 1. The operation leader shall conduct a pre-operation briefing. During the pre-operation briefing: (a) All operation team components will be present in order to take part in the operation. Each element must insure that they can recognize the other on sight. (b) Assignments will be made and all elements of the plan will be discussed. (c) Individual assignment sheets are distributed to each team member. 2. Essential Elements - The successful execution of a search warrant has a reason or reasons for being successful. These reasons are viewed as elements. Each element must be planned for and must be present if the execution of the search warrant is to be successful. If not, success can turn to failure. There are five (5) essential elements: (a) Safety - Safety is the most important element. If safety is not exercised and an officer is seriously injured or killed, it will outweigh any amount of seizure or arrests made a result of the search warrant. 1. The operation leader has the overall responsibility of insuring safety during the execution of the search warrant. 2. Each individual officer is responsible for safety. (b) Legality - When executing a search warrant, constantly evaluate the following: 1. Type of warrant 2. Place or person to be searched 3. Date and time the warrant will be executed. 4. Items to be seized that are covered by the warrant. 5. "Plain View" seizures. 6. Probable cause to search persons if no covered by a search warrant. 7. Probable cause to arrest without warrant and search incident to arrest. 8. Unnecessary force or destruction of property. 9. Adherence to all applicable laws, procedures and agency policies.

EXECUTING SEARCH WARRANTS

(c) Surprise - When planning the surprise element, it is very important to consider timing. 1. The warrant should be executed at a time that insures the most contraband and/or evidence will be present, the most suspects or violators will be present, and when entry an easily be made upon the premises. 2. Timing should be utilized to optimize safety. (d) Speed - To insure safety and surprise, the approach and entry upon the premises to be searched must be made quickly. Speed is important to avoid possible resistance and the destruction of contraband and/or evidence. The element of speed can best be utilized with proper planning and coordination. (e) Simplicity - The search warrant should be executed in a simple way. Complex plans or instructions only increase the chances of confusion or error. (a) Rely on simple procedures that are flexible and easily understood by all. (b) The size of the operation team should be considered when planning for simplicity. In all cases it will be the responsibility of the supervisor to make notification to the Training Officer and Division Commander of the absence. 3. In summary of all five (5) essential elements, each is equally important. Each is related to the other and each must be planned and coordinated prior to the execution of a search warrant. When planning, remember that the element of surprise, speed, and simplicity are flexible. Their flexibility depends upon investigation prior to the execution of the search warrant and the contraband and/or evidence sought.The elements of safety and legality are not flexible, for both are always present and important. 4. Extra-Jurisdictional Operations (a) The reasons for using state and local/jurisdictional officers are: 1. They usually have a better knowledge of the area and the people where the operation is to occur. 2. They usually have better communications, especially with fire and rescue facilities 3. The uniformed officer and the marked car could be utilized for identification, crowd control, and traffic control. 4. State and local officers can provide additional manpower. 5. Utilizing state and local officers is good liaison. They should be used, when possible, if they have participated in the investigation. 6. Code of Criminal Procedures requires an officer of the jurisdiction to be searched be present. (b) Always notify the appropriate state and local officers of the operation even if they are not being utilized. 1. Notification may be made at the same time the operation is to begin.

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2. Advise who is conducting the operation and where. This will increase officer safety in case the operation is reported as criminal activity to jurisdictional officers. 5. Mission of the Operation Team - The exact mission of the operation team and focus of the search warrant shall be, included in the operation plan and discussed in detail at the pre-operation briefing. 6. Operation Team Assignments - The type and nature of the search warrant is stated on the face of the warrant. Known specifically what premises or individual or things the warrant authorizes an officer to search. Know specifically what contraband or items of evidence the warrant authorizes to be seized. Include these facts in the operation plan and discuss it as the pre operation briefing. 7. Location of Premises to be Searched - The search warrant will reflect the location of the premises to be searched including its description. If the warrant is for an individual, the appropriate information will be contained on the warrant. When preparing the operation plan and conducting the pre-operation briefing this information should be expanded upon and discussed in the following detail: (a) Address: State the exact address to be searched or the address of the individual to be searched. This address must be clear and concise. (b) Description: Know and include a thorough description of the place or person to be searched. It should be complete enough for an officer to locate the target without the address being displayed on the premises. If a warrant is for a premises, the description should reflect the type of premises, i.e. open woods, warehouses, residence, etc., and should thoroughly describe it. (c) Photographs: Include all photographs obtained during the pre-operation investigation of the premises, individuals, or vehicles to be searched. Make sure each team member examines them. (d) Blueprints: Any blueprints that can be obtained of the premises to be searched should be included. Consider using sketches if blueprints are not available. (e) Maps and/or directions: A map or directions giving clear and concise route to the location to be searched should be included in the operation plan and pre- operation briefing. 8. Violators Expected to be Present - The name, descriptions, photographs, criminal records, and/or activity, degree of danger, and all other information concerning the suspects and associations that has been obtained will be set forth in the operation plan and discussed in detail at the pre-operation briefing. Furthermore, include all pertinent information concerning the vehicles of suspect(s) and associate(s). 9. Special Instructions - Special instructions may need to be included in the operation plan and pre-operation briefing. This includes the presence of an undercover agent or informant at the location to be searched. Instructions should be made concerning what role each will assume during the operation. Any other special situations should also be discussed.

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10. Time of Operation - Based on the pre-operation investigation, a time for the operation must be established. This established time may be flexible, but must take in account the type warrant (daytime warrant as opposed to anytime warrant), safety, speed, surprise, the nature of the items seized, location of the operation, and the number of suspects or individuals expected to be present 11. Contraband and/or Evidence - The name, description, available samples and/or photographs of the contraband and/or evidence should be available for inspection by the team members. There should be no doubt as to what they are searching for. Each should be able to easily recognize it when searching. 12. Approach Method - The nature of the approach will depend upon the location to be searched, items to be seized, type and number of suspects or violators expected to be present, and information obtained during the pre-operation investigation. Include these facts in the operation plan and the pre-operation briefing. 13. Equipment - Equipment needed for the operation will usually be determined by the pre- operation investigation. Certain basic equipment will always be needed. In addition, certain special equipment may be required. When selecting the equipment, consider the following: 14. Individual equipment, i.e. handguns, ammunition, handcuffs, etc. 15. Special equipment, i.e. shotgun(s), rifle(s), vests, entry tools, camera, evidence gathering equipment, flashlights, ladders, loudspeakers, first aid equipment, etc. 16. Transportation for officers and/or defendants. Consider the type and amount of cars, boats, etc. needed. 17. Communication equipment, i.e. radios. Consider the type and number needed for the operation. Develop call signs and radio codes. 18. After the equipment has been selected, check each item for proper operation. List the specific equipment in the operation plan and issue it to the appropriate team member at the pre-operation briefing. Make sure each member is familiar with the operation of the equipment he/she is to use. 19. Identification - Proper identification during an operation is a necessity for plain-clothes officers. He/she does not have the luxury of being identified by a uniform. Identification is needed during times of stress or conflict to distinguish the officer from other individuals. It also identifies an officer to the suspect(s) and other officers. The types of identification are basic, should be expanded upon when needed. (a) In selecting the type of identification, use all available and be guided by agency policy. Consider the following types of identification: (b) Badge - It is the most widely recognized type of officer identification. Display the badge on the outside of the clothing for easy recognition. (c) Cap and/or jacket - Many agencies furnish operation caps and/or jackets for identification purposes. If available, utilize them in addition to the badge. (d) Armbands - Armbands for identification are not sufficient by themselves. If available, use them in addition to other identification.

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(e) Once the type(s) of identification has been selected, include it in the operation plan and pre-operation briefing. The operation leader should make sure each team member has the proper identification and displays it correctly. 20. Firearms Policy - All operation team members must abide by the firearms policy of the agency responsible for the operation. This applies to officers from other federal agencies as well as state and local officers. Give the details of the firearms policy in the written operation plan and never fail to discuss it at the pre-operation briefings. 21. Operation Team Assignments - Each officer participating in the operation will be assigned a certain responsibility. When making assignments consider the size, ability, and training of each officer. Think of such things as using a large person to control a large suspect, etc. The operation leader will make these assignments. He/she will include them in the operation plan and will discuss them in detail at the pre-operation briefing. Also, at the pre-operation briefing he/she will give each team member an assignment sheet. 22. Summary of Operation Planning and Briefing - Plan the operation around the essential element, i.e. safety, legality, surprise, speed and simplicity. Conduct the necessary pre-operation investigation and prepare a written operation plan. Conduct a pre- operation briefing with all team members present and discuss every element of the operation plan.Have the operation plan initialed by each team member. 23. In addition to a pre-operation briefing, schedule and conduct a post operation critique. This will aid in preparing the case for prosecution and will provide a critique of the operation itself to prevent possible mistakes in future operations. 24. Remember, it is better not to conduct an operation than to proceed without proper planning.

707.3.4 OPERATION EXECUTION 1. There are three basic teams to which officers are assigned. These are the Entry Team, the Cover Team, and the Search Team. 2. Each team must work closely with the others. These three teams may be expanded when necessary. In some situations all three teams may not be necessary, i.e. executing a search warrant on an individual or searching safe deposit boxes, etc. 3. Sufficient manpower may not be available to use all three teams. There will always be exceptions, but strive to remain with the three basic teams. 4. The number of personnel who make up the various teams will vary. The pre-operation investigation should dictate the number of officers that should be assigned to each team. The operation leader will not be assigned to a specific team even though he/ she enters with the entry team 5. Entry Team - The responsibilities of the entry team are many. This team will usually be accompanied and aided by the search team. The entry team must make entry, conduct a security sweep of the premises, control occupants and make arrests when necessary.

EXECUTING SEARCH WARRANTS

6. Approaching - When approaching the premises to make entry, officers should place safety first and foremost. Do not bunch up, but spread out sufficiently to afford the maximum in protection. Officers should try to avoid exposing themselves, especially to doors or windows, but should use all available means of cover. 7. Pre-Entry Procedure - Prior to physically entering the premises, the entry team must comply with 18 USC 3109 which requires the following: (a) Knock (b) Announce Identity (c) Announce Purpose. (d) Demand Entry. (e) All four requirements must be met. The knock must be loud and the announcements made in a loud and clear voice. 8. After following the pre-entry procedure, try to wait long enough for the occupants to answer the door. How long must officers wait? The courts have not said, but a suggested guideline is from 30 to 60 seconds depending upon the contraband and/or evidence sought and exigent circumstances. 9. Entry - When the occupants answer the door, make entry immediately. If no one is present or the door is not answered, make entry after waiting for a reasonable amount of time. 10. If exigent circumstances exist, i.e. sounds of footsteps running away from the entry door or the sounds of contraband and/or evidence being destroyed, make entry immediately. 11. Entry by trick or deception in certain circumstances may be beneficial, especially if the premises are heavily barricaded. This method is accepted, but frowned upon by many courts. This procedure is best used when an officer poses as someone else in order to have the occupants answer the door. In doing so, the officer must still state his identity and purpose when physically entering the premises. Such entries must be made without force. 12. Entry should only be made at one point. Never should officers enter the premises through separate doors at the same time, for doing so creates a safety hazard. 13. Forced Entry - On occasion entry into the premises must be forced. This is a source of much criticism and should be photographed before and after. If the door where entry is planned is not answered or open, consider forcing entry at the easiest point; perhaps another door or window. When forcing entry, remember to use only what force is reasonable and necessary. 14. When forcing entry always try the doorknob first, and then progress to other means. After trying the doorknob, try kicking the door or open it by using a crow bar or ram. Start with the least destructive means and progress from there. 15. Remember, it is the officer’s responsibility to secure the premises at the completion of the operation.

EXECUTING SEARCH WARRANTS

16. Action Upon Entry - Probably the most dangerous time of the operation is when officers physically enter the premises. They are faced with the unknown and the unexpected. 17. When entering, immediate reactions will be determined by the actions of the occupants. They should be expected to do the following: (a) Obey commands. This will be the action they will generally follow. (b) Resist commands. (c) Attempt to destroy contraband and/or evidence. (d) Attempt to harm themselves or other occupants. (e) Attempt to escape. 18. When entering, gain control of the occupants that are first confronted and any weapons that may be in the immediate area. Since there may be occupants and weapons present in other areas of the premises, it must be secured as soon as possible. 19. Security Sweep - The security sweep is done by members of the entry team. It is a sweep of the entire premises for occupants and weapons that are readily accessible to the occupants. This security sweep should be done by two officers in a pre-planned maneuver for their protection. More than two officers may be used if necessary and manpower is available. (a) Secure one area or room before moving to another (b) When occupants are found, they should be removed in a controlled manner to a central location with any other occupants. Any weapons found should be placed in a secure location for safety 20. Cover Team - Members of the cover team will be located on the outside of the premises. Their exact location will depend upon the location, type and size of the premises being searched. Normally, they will be located at strategic points to cover exits of the premises and at points to control entry onto the property where the premises are located. An officer must often position him/herself to allow for coverage of several exits or points of entry. The number of officers on this team will vary depending on need, location, and available manpower. The cover Team has three areas of responsibility: 21. Prevent Flight - Officers on the cover team must prevent occupants from escaping from the premises. An officer has the right to chase and capture anyone who attempts to escape. Common sense and good judgment will dictate whether a search or frisk is justified. The individual may even be handcuffed for control if necessary. Arrest is not appropriate without probable cause. 22. Return Fire - If gunfire erupting from within is directed outside, officers should be prepared to return gunfire based on appropriate firearms policy. This also applies for gunfire on the outside of the premises. 23. Control Arrivals - The cover team prevents all arriving individuals from entering upon the property unless directed otherwise by the operation leader. If allowed to enter, the entry should be controlled after a frisk for weapons is made, if applicable.

EXECUTING SEARCH WARRANTS

24. Officers assigned to the cover team should try to maintain their assigned post. If a change of post or location is necessary, it should be made upon the advice or consent of the operation leader or upon extreme circumstances. If circumstances dictate the officer should leave his/her assigned post, it should be done safely and the operation leader advised as soon as possible. 25. Search Team - The search team usually enters the premises with the entry team and will aid in securing the premises prior to beginning the search. The number of officers assigned to this team will vary depending upon available manpower, the nature of the contraband and/or evidence sought and the size of the premises. Regardless of the number of officers assigned to this team, it is recommended they search in pairs. The search team has the responsibility to search for and locate the items named in the search warrant. They must search each location and/or person covered in the search warrant. 26. Search Techniques - As previously mentioned, search in pairs. This increases the chance of locating the items sought and one officer can be a witness for the other. Thoroughly search one location, room or person before moving to another. 27. Search of Person - A search warrant for a premises does not authorize a search for individuals. To search an individual, a search warrant for that individual is needed, unless the search is incidental of the arrest. Without a search warrant, an individual can only be searched upon the development of probable cause. That probable cause could be the fact that an individual was observed placing contraband and/or evidence in his/her clothing, or maybe by admissions, confessions, or statements that may be made. Remember, the probable cause must be adequate, if not, any contraband and/ or evidence seized will be suppressed. In conducting a search of an individual, follow the appropriate procedure and think safety. 28. Search of Vehicle - As with an individual, search of a vehicle is only authorized by a search warrant or by probable cause. When searching a vehicle, use a double search method, searching every part of the vehicle that could possible conceal the contraband and/or evidence sought. As with any search, stay within the scope of the search. 29. Length of Search - The time it takes to conduct a search will vary depending on manpower, size and location of the premises, and the contraband and/or evidence sought. The courts have not established any timetable. Once the search has begun, it can continue until completed thoroughly, however, use good judgment.When the search is completed, vacate the premises. But while searching, take the time needed to do it thoroughly. Experience proves that many items of contraband and/or evidence are missed because the search was hurried.

707.3.5 USE OF FIREARMS 1. Officers, both experienced and inexperienced, often question when to have firearms drawn or holstered during the execution of a search warrant. Each situation is different. The decision will be based upon the location, nature and type of warrant, pre-operation investigation and experience. On some occasions a firearm should never be exposed, i.e., executing a search warrant for a safe deposit box at a bank. Generally officers should consider having their firearms drawn during entry upon the premises and during the security sweep. Occasionally it may be drawn by officers covering, those making

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an arrest, etc. After the premises have been secured and no other circumstances exist indicating otherwise, holster the firearms. Exposed firearms draw unneeded attention and increase the possibility of accidental discharge. A drawn firearm is dangerous during times of physical contact with individuals 2. Safety always comes first. Therefore, if the firearm is drawn, it should be held in a safe position and not pointed at someone unless specifically warranted. Observe proper firearm handling procedures to prevent accidental discharges.

707.3.6 ACCUSATIONS OF IMPROPER ACTIONS 1. The overall responsibility to prevent accusations, during the execution of a search warrant, lies with the operation leader. The operation leader must make himself/ herself available to make decisions, coordinate and supervise the operation in a manner that does not lend itself to accusations. Accusations cannot always be avoided, but measures must be taken to prevent them and to justify and actions which lead to them. 2. Accusations can cause embarrassment to both the agency and the officer. Serious accusations founded or unfounded could lead to criminal or civil proceedings. Furthermore, accusations could be brought forth or expanded upon in court by the defense and only one accusation could be sufficient to persuade a juror to render a not guilty verdict. Therefore, an officer should always execute a search warrant in a professional manner using common sense, good judgment and experience. 3. Common Accusations - The following is a list of common accusations that may surface during or after the execution of a search warrant. A suggested course of action is given to avoid each. (a) Destruction of property - This is probably the most common accusation. If the destruction of property is necessary to gain entry or conduct the search, use only the amount necessary and reasonable. Always try to photograph before and after the destruction. If the occupants are present during the operation, it is especially important to photograph before and after to help avoid such accusations. (b) Force - The use of any amount of force may result in accusations. If force is used, it must be reasonable and necessary. The use of force must always be justified. (c) Theft - Officers may be accused by the occupants of stealing property during a search, i.e. taking jewelry, money, etc. To avoid this accusation, ask the occupants if they have valuables on the premises prior to beginning the search. If valuables are present, retrieve them and place them in a location where they can be viewed by the occupants. If an officer is accused of stealing an article, ask the occupant for proof of purchase, date and place of purchase, description, location, date last seen, and value. Advise the occupant the occupant that the accusation will be investigated. If money if found during the search, its finding should be witnessed by a second officer. It should also be counted, photographed and secured.

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(d) Illegal arrest - Officers will occasionally be accused of illegal arrests. Arrests should only be made upon probable cause or an arrest warrant. Do not make a hasty decision to arrest, investigate first, and use good judgment. Temporary detentions for officer safety must be explained as such. Remove the handcuffs as soon as circumstances warrant. The use of handcuffs for control must be justified. (e) Sexual misconduct - Female occupants may accuse male officers of sexual misconduct. This is usually the result of male officers conducting a frisk or search of the female. If a female officer is available, have her conduct the frisk and/or search of a female. If a female officer is not available, the male officer should first consider a visual frisk of the female. If that is not sufficient, then the male officer should try to conduct the frisk by pulling the female’s clothing tight at needed points to determine the presence of a weapon. In conducting a body search, the male officer should use discretion and search only as necessary. If the search is to be in depth, he should consider summoning a female officer, matron, etc. In no way should the male officer refrain from making a frisk or search of a female when absolutely necessary, but good judgment and precautions must be used. If it is necessary for a male officer to frisk or search a female, it should be witnessed by another officer. 4. Control situations may occasionally be a source of accusations concerning sexual misconduct. Therefore, consider using female officers to control female occupants. If male officers must be used, always have a second officer present as a witness. Try to never have a female occupant present with just one male officer. 5. Promises - Avoid making promises to occupants or individuals during the execution of a search warrant. If promises must be made, they should only be made by the operation leader.

707.3.7 POST OPERATION CRITIQUE 1. The post operation critique should be held shortly after the conclusion of the execution of the search warrant. It is to be conducted by the operation leader with all team members present. Its time and location should be included in the operation plan and pre-operation briefing. 2. The post operation critique is a critique of the operation. All strong and weak points should be discussed. This critique is used to strengthen future operations and to prevent the reoccurrence of mistakes or errors. Furthermore, the post operation critique provides the operation leader with the opportunity to assemble items seized, collected equipment, notes, logs, or any other needed information.

707.3.8 EXPENSE FOR CLEAN UP 1. All expenses incurred for the confiscation, analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia or other materials seized in connection with a narcotics search warrant should be documented in the offense report.

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2. If a court grants probation to a person convicted of an offense under Chapter 481, Health and Safety Code, the court order may order the person to reimburse the law enforcement agency for these expenses.

Chapter 8 - Communications

COMMUNICATIONS

800.1 PURPOSE The function of the Communications Division of the Pearland Police Department is to provide rapid and accurate communications to law enforcement, emergency responders, and city personnel twenty-four hours a day, seven days a week. The division is also responsible for handling telephone inquiries from the public while maintaining compliance with Federal Communications Commission rules and regulations.

800.2 DEFINITIONS Contained within

800.3 PROCEDURES

800.3.1 COMMUNICATIONS: GENERAL DUTIES 1. The Communications Division of the Pearland Police Department shall be under the direction and control of the Support Services Supervisor. In the absence of the Support Services Supervisor, the Communications Division will be under the supervision of the Telecommunications Team Leader or the on-duty Patrol Supervisor. 2. The Supervisor’s duties include, but are not limited to: (a) Supervision of communications operations (b) Storage and retrieval of audio tapes (c) Scheduling of Shifts (d) Training of telecommunications operators 3. The Communications Division will be operational twenty-four (24) hours a day, seven (7) days a week. 4. The Communication Division will be responsible for but not limited to: (a) Maintaining a full operational radio system including local, county and statewide police communications. (b) Answering all emergency telephones as well as non-emergency and administrative lines and dispatching services when necessary. (c) Entering and retrieving information from state and national Teletype communications systems. (d) Documentation and entry of information into in-house data system. (e) Documentation and entry of information into the Computer Aided Dispatch System. (f) Monitoring building security systems.

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(g) Monitoring Public Works frequencies and providing needed communications assistance to field workers.

800.3.2 COMPLYING WITH FCC RULES AND REGULATIONS 1. Radio operations will be conducted in accordance with Federal Communications Commission procedures and requirements at all times. 2. Station License (a) The FCC license (or copy) will be posted at the control point. (b) The license denotes: 1. Call sign 2. Frequency and transmitter power 3. Location of control (dispatch) point and antenna 4. Number of mobile units associated with the system. Licensee assigns call numbers for mobile units in their system. 3. General Operating Requirements (a) Transmissions must be in accordance with: 1. Current divisional standard operating procedure regarding broadcasting of routine and emergency radio traffic and proper coding of assignments. 2. APCO standard operating procedure manual. (b) All transmissions must be restricted to the minimum practical transmission times. (c) Priority must be given to communications involving imminent safety of life or property. (d) Reasonable precautions must be taken to avoid causing harmful interference with other units transmitting. (e) Stations should not continuously radiate an un-modulated carrier (having a transmitter keyed without voice or signal on the frequency). (f) Operations should be suspended immediately upon detection or notification of a deviation from the technical requirements of the station and resume only when the deviation is corrected. (g) The Pearland Police Department uses “plain English” broadcasts and does not use the “ten codes”. 4. Permissible Communications (a) Related directly to the imminent safety of life or property. (b) Directly related and necessary to the activities which make the licensee eligible for the station licenses. (c) Tests required for proper station and system maintenance.

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5. Prohibited Communications (a) Vulgar or abusive language. (b) Lengthy or unnecessary dispositions (c) Transmitting for monitoring channel (d) Base to base communications used as primary basis only 6. Points of Communication (a) Normally, operations licensed in this service are intended to and provide intra- station mobile communications. 1. Base to its associated mobiles 2. Mobiles to their associated mobiles or base (b) Base stations may communicate with other base stations only on a secondary basis. 7. Each transmitter must be installed and protected so it is not accessible to or capable of being operated by unauthorized persons. 8. Record and Log Requirements – For all stations: (a) Results and dates of transmitting measurements required by FCC and the name of the person making the measurements. (b) Details of service and maintenance performance on stations. (c) These documents will be kept in a central location accessible for inspection at any unspecified time.

800.3.3 COMMUNICATIONS ROOM SECURITY 1. The Communications Center may be kept locked to prevent access by unauthorized persons, and is off limits to all personnel except those authorized. Authorized personnel shall conduct their business as quickly as possible and subsequently vacate the Communications Center. Noise shall be kept to an absolute minimum. Personnel authorized to enter the Communications Center are: (a) Telecommunications Operators (b) Police Supervisors (c) Maintenance and Service Personnel (d) Police Officers/Civilian Jailers/Records Clerks conducting business

800.3.4 RECORDING AGENCY RADIO TRANSMISSION AND EMERGENCY PHONE CONVERSATIONS 1. The Communications Center shall audibly record all incoming and outgoing radio and telephone communications as they routinely occur within the operation. 2. The Communications Center is equipped with a logging unit capable of recording all radio and telephone conversations for a prescribed number of channels. All radio

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frequencies are continuously monitored and recorded. In addition, telephone lines so marked are continuously monitored. 3. Signs have been posted on all telephones advising the user which lines are recorded. All arrestees should also be notified that jail phone lines are recorded. 4. Recordings of police radio communications are stored in digital format and are maintained for a limited number of days. In the event a recording needs to be reviewed by departmental personnel, an “Audio Tape Request Form” should be completed and forwarded to the Support Services Supervisor who will make a recording of the requested tape. (Reference 1106 Recording System) 5. Access to telephone and radio recordings are limited and available only through the proper procedure. Access to the original tapes is limited to the Chief of Police or his designee, the Assistant Chief of Police and the Support Services Supervisor. No one shall review a recording without following the proper procedure.

800.3.5 ACCESS TO DEPARTMENTAL PERSONNEL ROSTER AND DUTY SCHEDULE 1. An updated personnel file is kept in the Communications Center. 2. The Communications Division, with the help of Support Services Supervisor, shall maintain a current personnel roster with the following information: (a) All Police Department employee phone numbers. (b) It shall be the individual employee’s responsibility to keep this information updated. 3. Dispatch personnel shall not release any personal information for any department personnel to the general public or news media without specific authorization from the Chief of Police or his designee. 4. The individual officer shall sign on via the mobile data terminal as soon as possible at the start of his tour of duty to provide Communications current Patrol assignments. It is the responsibility of the Patrol Supervisor to insure all personnel coming on duty sign on as soon as possible. It is the responsibility of individual officer to sign off at the end of the shift. 5. The duty status of officers may be released only to other department employees, outside police agencies, other city departments and the DA’s office only after verifying the identity of the individual making the request.

800.3.6 DISPATCH SERVICES 1. It is the policy of the Police Department to dispatch necessary external services to the community when needed. 2. Fire Department Calls for Service (a) After the telecommunications operator has received the address, phone number and nature of the call, he/she will dispatch the Fire Department. They will then continue with the Pro Q & A protocols.

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(b) The telecommunications operator may dispatch a police patrol unit to the scene to assist with scene security or for traffic control. (c) The fire department will be called out in all situations where it is known their services are needed. If in doubt, a fire department supervisor will be consulted. (d) The telecommunications operator will be familiar with the Pearland Fire Department standard operating procedure manual as it pertains to the Communications Center. (e) The telecommunications operator will be familiar with the jurisdictions and boundaries of each area fire department to insure the proper agency is dispatched. (f) If mutual aid is requested the telecommunications operator will follow the orders of the fire department command person or choose the closest appropriate agency. (g) Pearland Fire Department will not respond to another jurisdiction without a request from that agency and/or consulting the Fire Chief or his designee. 3. EMS Calls for Service (a) After the telecommunications operator has received the address, phone number and nature of call she/he will dispatch EMS. They will then continue to gather more information using the Pro Q & A protocols. (b) The telecommunications operator may advise officers of the address and location of EMS calls. (c) The telecommunications operator may dispatch a police patrol unit to the scene of an EMS call to assist with priority calls where patient stabilization is immediately necessary. (d) The telecommunications operator will remain on the phone with the caller as long as is necessary to obtain all pertinent information regarding the patient’s situation and to keep EMS updated. (e) If necessary the telecommunications operator may direct another operator to dispatch the call while the original telecommunications operator continues the phone call to obtain additional information or provide emergency instructions on life-saving procedures. All telecommunications personnel will be trained in CPR to facilitate the giving of CPR instructions over the phone. (f) EMS shall be sent to any request for medical assistance, structure fires or any other incident that the officer or telecommunications operator believes there is a need. (g) If more ambulances are needed than are currently available in the city, the EMS Supervisor shall be consulted for guidance. If the telecommunications operator believes, based on the information given, that the call is a life and death emergency, the telecommunications operator may independently request assistance from the mutual aid agency closest to the call. The EMS Supervisor will always be informed of such a decision.

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(h) The EMS Supervisor is to be called immediately in the following situations: 1. When Life Flight is requested. 2. All deaths. 3. When mutual aid is requested. 4. Unit 650 is considered the on duty EMS Supervisor and will be consulted for all decisions not requiring the EMS Director's immediate approval. 4. Wrecker Services (a) The Pearland Police Department has a rotation wrecker list and access to contact information for private tow wreckers. (b) When a wrecker is requested through the Department, a wrecker will be used from the rotation list. (c) Vehicle owners at the scene should arrange private tows from accident scenes. Dispatch personnel may assist with obtaining contact numbers but will not recommend wreckers. (d) Proper documentation in the rotation wrecker log will be maintained in CAD concerning the wrecker called, unit requesting, date, description of vehicle, holds, etc. (e) Telecommunications operators will be familiar with the city ordinance governing wrecker services. 5. City Services (a) When the public works or similar city service is needed, the telecommunications operator will contact the city services answering service at Extension 1900. (b) Parks department on call schedule is located in the Communications department. (c) After hours information for the Inspections Department is located in the Communications department 6. Additional Resources – The telecommunications operator has access to the following agencies. These agencies may be contacted by telephone when needed: (a) United Way (b) Salvation Army (c) Women's Center of Brazoria County (d) Pearland Police Chaplains (e) Pearland Clergy (f) Various social organizations for Brazoria and Harris Counties 7. Utility Companies – The telecommunications operator can call a utility company by telephone. The numbers are kept in the directory located in the Communications Center.

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8. E.O.D. (Explosive Ordinance Disposal) – The Houston Police Department Bomb Squad can be contacted at 713-646-3910. 9. Hazardous Material – When a hazardous material team is needed and requested by the Fire Department, the telecommunications operator may contact: (a) Houston Fire Department 713-247-5000 (b) Chemtrec 800-424-9300 (c) Chemical information will also be accessed via NLETS. Use Tran Code ”MQ”. 10. Helicopter Service – When helicopter assistance is needed, and approved by the patrol supervisor, the telecommunications operator will call the Houston Police Department and request assistance. 11. Taxi Cabs – The telecommunications operator shall use the telephone directory when needing cabs for an emergency situation. Personnel will not recommend cab companies.

800.3.7 ROUTING OF MISDIRECTED CALLS 1. When an incoming call for emergency assistance is determined to be misdirected (within the legal jurisdiction of another law enforcement agency) the telecommunications operator shall either: (a) Gather all pertinent information and relay this information to the proper service agency whether it be police, fire, or medical, or (b) Transfer the call to the appropriate agency. In the event of transfer, the telecommunications operator should stay on the line with the call to be sure all information is passed on. The telecommunications operator will know the proper way to transfer a phone call on the current phone system. 2. In order to facilitate the processing of this type incident the telecommunications operator will expeditiously: (a) Gather pertinent information, name, address, and call back phone number. (b) Contact proper authority. 3. If this situation is assessed not to be an emergency, the telecommunications operator will obtain the correct agency’s phone number and provide it to the caller.

800.3.8 CALL FOR SERVICE INFORMATION 1. For all police, fire and EMS calls, the telecommunications operator shall gather all necessary information for calls for service. Fire and EMS calls shall be made using the Pro Q&A Protocol software. 2. Dispatchers shall geo-verify addresses to insure that units are dispatched to a valid address. 3. A citizen call for service should be assigned to field units for a mobile response after the telecommunications operator has thoroughly screened the call for all relevant

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information. The following are guidelines to be followed for obtaining information in various situations: (a) Accidents 1. Exact location (block and street) 2. Direction of travel 3. Extent and severity of injuries 4. Status of occupants (pinned or trapped) 5. Number of vehicles involved 6. Street/road blocked or obstructed 7. Unusual circumstances such as gas leak or fire 8. Name, address and phone number of reportee (b) Road Hazard 1. Exact location 2. Nature of hazard 3. Name, address and phone number of reportee (c) Traffic Problem 1. Exact location 2. Nature of problem 3. Name, address and phone number of reportee (d) Assault 1. Exact location 2. Medical assistance necessary 3. Number of actors 4. Description and location of suspect(s) 5. Weapons involved, their use and type 6. Name, address and phone number of reportee (e) Disturbances 1. Exact location 2. Type of disturbance (fight, domestic, verbal argument, loud music) 3. Number of persons involved 4. Use and type of weapons 5. Any injuries and /or need for ambulance 6. Any persons intoxicated

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7. Name, address and phone number of complainant (f) Sexual Assault 1. Exact location victim 2. Location of crime scene 3. In progress or past occurrence 4. Need for ambulance 5. Does the victim know the attacker 6. Description of attacker and possible location 7. Number and types of weapons 8. Request that victim not bathe 9. Name, address and phone number of complainant (g) Bomb Threat – Information documented on Bomb Threat Information Sheet (sample attached as Exhibit A) 1. Exact location 2. Where is it placed 3. What type of bomb 4. When and what will cause it to detonate 5. Why was it placed 6. Caller's name, address and phone number 7. Caller's location (h) Alarms 1. Exact location 2. Type: audible or silent, business, residence or vehicle 3. Security of the building, open doors or windows 4. Unusual person(s) or vehicles leaving the area 5. Name, address and phone number of reportee 4. It is understood that conditions sometimes exist in which a telecommunications operator may not have time to solicit all of the information necessary. In the event this occurs, the telecommunications operator will document the reason(s) for the inability to obtain certain required information in the Call for Service, (i.e. “Caller hung up”, “Caller too stressed”, etc.) 5. Members of the department should bring to the attention of communications personnel any known hazard or safety issue at businesses, residences, etc., in the city. These include, but are not limited to hazardous materials on site, information regarding weapons known on premises, vicious animals on premises, previous officer safety

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issues at location, special procedures a business follows in event of crime or emergency, known medical or disability situations. 6. Upon receipt of this information, the communications supervisor will at the earliest opportunity enter the information into the CAD system.

800.3.9 ASSIGNMENT OF CALLS FOR POLICE SERVICES 1. The telecommunications operator shall assign calls for police service that are to be handled by patrol utilizing the “Unit Recommended” feature in CAD OSSI 2. The telecommunications operator will not General Broadcast (GB) a call except when time is a critical element and the telecommunications operator has only preliminary information regarding the call, i.e. robbery in progress, major accident, burglary in progress, escape from local custody, etc. As soon as feasible, the telecommunications operator will assign the call to the unit he/she deems to be the most appropriate. 3. The telecommunications operator shall promptly dispatch calls for police service to field units and assigned a call priorities in accordance with 602 Emergency Response Priorities. Field officers shall promptly respond to their assigned call and shall obey the instructions of the telecommunications operator regardless of his/her rank or classification. 4. When a field supervisor has additional information or instructions pertaining to a call assigned by the telecommunications operator that might warrant a change in assignment, he shall advise the telecommunications operator and recommend the needed changes. 5. The telecommunications operator will provide the field officer and the supervisor of all pertinent information for the call. 6. The telecommunications operator will obey the orders of the patrol supervisors. 7. In the event a call is initiated by a field unit, the telecommunications operator will follow established procedures based on information provided by the field unit. 8. The telecommunications operator shall assign units to go into other police jurisdictions to pick up and transport subjects who are wanted on warrants if the Warrant Officer is not available. The telecommunications operator shall only assign such units after first clearing the call with the patrol supervisor on duty. 9. The telecommunications operator may assign units to assist other agencies and officers of other agencies requesting backup in the areas adjoining the City of Pearland. The telecommunications operator shall only assign such units after first clearing the call with the patrol supervisor on duty. 10. When the telecommunications operator receives information that an injured person has been received by a hospital, he/she shall assign a unit to conduct the hospital investigation based on the following criteria: (a) If an original investigation has been conducted at the scene where the person received the injury, the unit that conducted the on-scene investigation shall be assigned to conduct the follow-up hospital investigation.

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(b) If the telecommunications operator is not able to determine an original on-scene investigation has been conducted, a district patrol will be assigned to conduct the hospital investigation. (c) If the hospital investigation indicates, additional on-scene investigation is required beyond the scope and/or skill of the patrol officer, that investigation may be conducted by the Criminal Investigations Division. 11. When the telecommunications operator receives a request from a departmental member for assistance at the scene of an investigation (to transport a complainant, witness, etc.), a unit will be assigned to the call. 12. The telecommunications operator shall have the authority to assign field operation units to police calls in whatever manner is required and most efficient to accomplish the police mission. Call assignment may be made regardless of specialized assignments.

800.3.10 CLEARING CALLS FOR SERVICE 1. It is the telecommunications operator’s responsibility to title a call slip when a call is assigned. This title will be based upon the information that the TCO receives from the reportee. 2. It is the responsibility of the police officer that investigates the call to insure that the call slip is properly titled. The investigating officer may request this title be changed and the TCO shall change it upon his request. The TCO may make a notation in the narrative that the title was changed by the officer. 3. All calls for service will be updated as needed. The officer or the telecommunications operator will update the call slip to include all pertinent information the officer has given, as well as any information he or she is aware of. Drivers license information and names and dates of birth should be added in CAD in the Related Names screen. All vehicle information should be updated in the Related Vehicles screen. 4. It is the ultimate responsibility of the officer to insure that his or her call slips are updated. If an officer has additional information and is unable to update a call slip or properly dispose a call, the telecommunications operator shall update the call slip at his request with any additional information. Otherwise, the officer shall at his earliest convenience update the call for service in the report management system. It is the ultimate responsibility of the officer to insure that his or her call slips are updated. 5. All call slips require a narrative of what the officer did and all other pertinent information about the call. The types of calls and dispositions below are to be used as a guideline for the telecommunications operator as well as the officer responding to the call for service: (a) Alarms 1. Secure, ground level 2. Accidental by owner or employee 3. Note whether False Alarm or Valid Alarm (b) 911 Hang-up

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1. Child playing (name of adult advised) 2. Misdialed 3. Unfounded (pay phones) (c) Disturbance (includes discharge of firearms, verbal disturbances, and loud noise) 1. Unable to locate 2. Civil matter 3. Settled at scene 4. Report or Arrest 5. Information only (d) Suspicious activity 1. GOA or unable to locate 2. Unfounded 3. Information only (e) DWI Driver, Traffic Violation, Traffic Hazard, Parking Violation 1. GOA or unable to locate 2. Located, information only 3. Information only (f) Welfare Concern 1. Unable to locate 2. All ok, information only (g) Death Message 1. Delivered 2. Unable to deliver 3. Left note (h) Solicitor 1. Unable to locate or GOA 2. Warning issued 3. Citation issued 4. Arrest made 5. Unfounded (i) Motorist Assist 1. L.P. and action taken

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2. GOA (j) Accidents 1. GOA or unfounded 2. Information only 3. Driver's Crash Report Issued (CR-2) 4. Report made (k) Family Violence 1. Arrest or report 2. Unfounded 3. Note: Information on witnesses and parties involved must be included in the Related Names Screen for all family violence calls. If an arrest or an offense report is made, the reason must be stated in the call slip. (l) Security Check – Time and date checked noting anything unusual. 6. In no situation will a call slip disposition be sufficient when a report is required by other departmental policy.

800.3.11 SIGNIFICANT EVENT REPORTING 1. In the event of a significant incident, any field unit may request the telecommunications operator to contact the patrol supervisor on duty. It is the responsibility of the patrol supervisor on duty to contact the Patrol Commander if needed. It is the responsibility of the Patrol Commander to contact the Chief of Police if needed. Any of these responsibilities may be delegated on an incident-by-incident basis to the telecommunications operator. 2. The Communications Division shall maintain a list that will contain names, addresses and phone numbers for the Chief and Commanders of the department. The list will be kept current by periodic checks regarding its accuracy. 3. The Chief and appropriate commanders will be notified of the following: (a) When a police officer is involved in a shooting (b) When a police officer is shot or seriously injured (c) In the event of a riot or major disturbance involving a large number of personnel. (d) An event involving barricaded criminals holding hostages. (e) Any unusual event that will probably attract significant attention from the news media. 4. The District Attorney on call will be notified of all homicides. 5. The telecommunications operator may inform the chain of command of any incident he/she feels is worthy of note.

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800.3.12 BUILDING SEARCHES 1. The responding supervisor will confer with the officers at the scene and assume control upon his arrival if necessary. He/she will evaluate the situation, decide when to enter, and who will conduct the search. Any other steps necessary shall be taken to insure the requirements of safety, efficiency and expediency. 2. When a search for a suspect in a building is initiated, the following dispatch procedure shall be followed: (a) The primary officer shall request Dispatch hold radio traffic on a radio channel other than primary. (b) The telecommunications operator will broadcast that all units hold radio traffic on the specified frequency. (c) Upon completion of the search, the radio channel will be cleared for regular traffic. 3. The telecommunications operator will cooperate with the field supervisor by limiting the number of units at a scene to the actual number needed. 4. When officers arrive on an alarm call and find an open door or window with no signs of forced entry, dispatch will secure Tac-East for a building search. Once the officers on scene at the alarm have advised that the residence has been cleared, dispatch will advise that units can resume normal traffic on Tac-East.

800.3.13 VEHICLE PURSUIT 1. Telecommunications operators will be familiar with policy 504 Pursuits. 2. The officer initiating the pursuit will be the primary or lead unit. The lead unit will call the pursuit. The telecommunications operator will repeat everything the lead officer says so all other units will be aware of the situation. 3. Units not involved in the pursuit will hold non-emergency traffic on primary. Responding units will limit radio traffic to prevent interference with the primary unit’s radio transmissions. 4. The telecommunications operator shall contact the railroad, other agencies, etc., as deemed appropriate to advise them of the pursuit and to assess unsafe conditions. The telecommunications operator will advise pursuit vehicles of any known hazardous conditions in the area of the pursuit. 5. The lead officer may request additional units as necessary in accordance with the established Pursuit policy. 6. Units responding and involved in the pursuit will notify the telecommunications operator. 7. The telecommunications operator will be responsible for advising and keeping posted other units of the fact that a vehicular pursuit is taking place. Other pertinent information to be conveyed should include: (a) A description of the vehicle and occupant(s) when known.

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(b) Direction of travel. (c) Known reasons for the chase. 8. Due to the eminent dangers involved in vehicular pursuits, radio transmissions not concerning the pursuit should be kept to a minimum. All units not directly involved in the apprehension effort will refrain from non-emergency transmissions. The telecommunications operator will refrain from dispatching other non-emergency calls over primary until the chase is over. If another call is of the nature that it cannot be held until the conclusion of the chase, the telecommunications operator will have the appropriate unit go to another channel to receive information concerning the call. 9. The telecommunications operator may if necessary, remind the lead officer to keep his tone as normal and modulated as possible. If the voice cannot be heard over the siren, the telecommunications operator may instruct the officer to place the microphone at his throat to his voice box for better transmission. 10. The telecommunications operator will use any available information to further develop and ascertain the possible identity of the fleeing driver and/or occupants, plus attempt to discover other possible reasons for which the individual(s) may be fleeing. When appropriate a unit may be dispatched to the scene from which the chase initiated or any pertinent location in order to identify and/or verify the exact circumstances of the incident. 11. The telecommunications operator will notify the immediate supervisor of the pursuit. 12. If the pursuit goes outside the city, the telecommunications operator will notify the proper agencies of the pursuit and also advise if additional units are needed or if our department is just notifying of the situation and only if the primary unit wants more units to join the chase, or just help with intersections (warning the public).

800.3.14 COMPUTERIZED CRIMINAL HISTORY FILES 1. Computerized Criminal History (CCH) information is confidential and certain restrictions apply to the purposes for which it can be requested and how it can be disseminated. 2. Within the department, only commissioned officers and other authorized persons can request criminal history checks. These requests can be made through appropriate personnel. Requests from outside the department will be honored only when the requestor can be verified as an authorized person. Logging is mandatory. 3. Purposes for which a CCH can be requested: (a) The request must be for criminal justice investigation or for the investigation of a background of a criminal justice applicant (applicant to the police department, sheriff’s office and other criminal justice agency - not for a non-criminal justice city or county office). It cannot be requested by anyone else, regardless of rank or status for any other purpose. (b) The telecommunications operator will report to his/her supervisor any CCH inquiries that he/she knows are for unauthorized purposes. No one shall request inquiries for unauthorized purposes or persons.

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4. Logging of CCH inquiries: (a) Each QH transaction will be logged in the REQ field. The title, first and last name of the requestor will be used. (b) No generic entries will be used such as “BSCO”, “Homicide”, “CID”, or non- unique numbers. If the requestor is an authorized person from outside the department, his/her full name and agency will be placed in the REQ field. (c) The telecommunications operator will put his/her first and last name in the OPR field. Initials or generic entries such as “DA’s office” will not be used. (d) The telecommunications operator will utilize the Reason for Inquiry field on all Criminal History requests. The reason for the request needs to be stated, examples would be investigation, arrest, warrant or EPO entry. The case or incident number must also be included for auditing purposes. (e) Each QR transaction will be logged in the ATN field in the same manner as described above. (f) Each IQ, FQ, and AQ transaction will be logged manually in the written log maintained in the Communications Center. (g) Each CCH inquiry done for an authorized person other than a member of the Pearland Police Department, or the Department of Public Safety shall be logged in the written log maintained in the Communications Center. The logging of dissemination of hard copies of CCH to secondary officers is required. (h) For a CCH on a subject arrested by another agency but jailed in our facility, the requestor may be the jailer on duty. 5. Dissemination of CCH information (a) The Criminal History information obtained over the Teletype will be given only to the person in the REQ, ATN or written log. It may be relayed by any person authorized to view CCH information. (b) The officer receiving the CCH information is responsible for keeping the printout source secure and immediately returning it to the appropriate file. When the printout is no longer needed it must be disposed of by shredding. (c) If the printout needs to be given to someone outside the department after the initial request, that dissemination will be logged in the manual log if it is not a routine dissemination, such as to the District Attorney with the case file. (d) Telecommunications operators will maintain an audit trail of the handling of the CCH printout within the Department by keeping it with the case file at all times, or by disposing of it by shredding immediately after its use when there is no case file. (e) All Criminal Justice Information that is no longer needed must be shredded at the end of each shift. 6. Broadcasting of CCH information over the Radio

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(a) NCIC policy states that the radio will not be used routinely for the transmission of criminal history beyond that information necessary to effect an immediate identification or to insure adequate safety for the officers and the general public. (b) It is the officer’s responsibility to request criminal history information over the air only when he/she has determined there is an immediate need for the information to further an investigation, or there is a situation affecting the safety of an officer or the general public. The telecommunications operator will broadcast details of the criminal history record when requested. (c) Telecommunications operators will not indicate over the radio whether or not a subject has a criminal history in situations where the officer has not determined a need for the record information. (d) Telecommunications operator will check for criminal histories on all alias names, dates of birth, and identifying numbers that come to their attention from each CCH. The responses that are received over the Teletype are possible identifications only; officers should verify identities using available physical identifiers.

800.3.15 ASSIGNMENT, SUPERVISION, AND DIRECTION OF OFFICERS 1. The telecommunications operator is authorized, subject to orders of the commanding officer, to make assignments of police officers to the investigation or handling of particular cases as necessity demands, excepting that whenever a patrol supervisor arrives on the scene of an investigation, it shall be his/her responsibility to direct such investigation. He/she may make such temporary assignment, and before relinquishing responsibility for the direction of such investigation, to so notify the telecommunications operator. 2. Major Complaints and Emergencies (a) When the telecommunications operator receives the original report of any felony, major crime, or of any death by violence, poisoning, or suspicious means, he/ she shall immediately notify the division, which investigates such cases. (b) Whenever the telecommunications operator receives the original report of any serious general emergency or catastrophe, he/she shall immediately notify the patrol supervisor on duty, who in turn will contact the Patrol Commander if needed. It is the responsibility of the Patrol Commander to contact the Chief of Police if needed.

800.3.16 OFFICER ACTIVITY ANALYSIS 1. Retrieval of information for non-patrol time shall come from an in-house computer report. 2. Retrieval of information shall be compiled into a Patrol Division Activity Analysis print out showing non-patrol time. 3. Non-patrol (committed) time is recorded in the call for service by the telecommunications operator each time an officer is on a call for service, whether it

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be citizen, station or officer generated. Committed time is calculated on the basis of how long the officer is on the call. 4. Back-Up officers will be recorded in the same manner.

800.3.17 ACCEPTANCE AND DELIVERY OF EMERGENCY MESSAGES 1. Emergency messages will be accepted and delivered by the Pearland Police Department in most requests involving actual emergencies when contact cannot be made by another other means. 2. Death messages will be delivered in person by a sworn officer accompanied by a neighbor, friend of family, Pearland Police Chaplain or other clergy, or at the very minimum another officer. A direct death message shall never be delivered by phone. 3. Messages involving injury to next of kin requiring hospitalization will be delivered in person by a uniformed officer when possible. In emergencies, this may be done by phone. 4. Notification of illness may be accomplished by a telephone call from any member of the department. 5. In any case where contact cannot be made, the officer should leave a note on the door requesting the resident to contact the telecommunications operator for important information. On callback, the TCO will then follow the procedures outlined above.

800.3.18 DISSEMINATION OF STOLEN VEHICLE INFORMATION 1. Information on stolen vehicles is to be disseminated to officers and surrounding agencies by the telecommunications operator as soon as possible via the radio and/ or TLETS, TCIC/NCIC. 2. Vehicles known to have been stolen within the immediate previous 30-minute period will be broadcast over police primary. A message will be sent to “HOG” Houston- Galveston area) via the TLETS system. The vehicle will be entered into TCIC/NCIC as quickly as possible. 3. Due to the impracticality of quickly locating a vehicle that has been missing more than 30 minutes, the vehicle will be entered into TCIC/NCIC as quickly as possible and a local broadcast made. 4. If only a license plate is available, the vehicle will be entered into TCIC/NCIC with the officer advising the owner that the VIN needs to be given to the telecommunications operator within 48 hours for maximum efficiency of the system. 5. If evidence or information on vehicles missing longer than 30 minutes warrants broadcasting or Teletype messages, this will be done. 6. A vehicle will be entered stolen/wanted into TCIC/NCIC once the officer deems the person making the report has the authority to do so (owner, owner’s agent, etc.). 7. All entries into TCIC/NCIC will be verified for accuracy immediately after being entered. 8. An offense report will be completed and available 24 hours a day for confirmation of stolen cases.

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9. A description of the stolen vehicle will be available for pass-on at incoming officer roll calls. 10. Information received from surrounding agencies regarding vehicles reported stolen shall be broadcast if the telecommunications operator deems it appropriate. 11. If the telecommunications operator receives information that a vehicle stolen from Pearland has been recovered outside the city, the operator will do the following: (a) Obtain information regarding time and location of recovery, storage and condition of vehicle, other agencies recovery case number. (b) Attempt to contact the complainant with the recovery and storage information and clear the vehicle from TCIC/NCIC if needed. (c) Supplement the case with the action and all of the recovery information. 12. Off going telecommunications operators are responsible for collecting and relaying information to the relieving telecommunications operator.

800.3.19 COMMUNICATIONS FACILITIES AND EQUIPMENT 1. Limited access, protection of equipment and back up resources are of utmost importance. The below procedure will be followed at all times. 2. The communications center will be kept locked to prevent access from unauthorized persons and is off-limits to all personnel except those authorized. 3. Transmission lines, antennas and power sources are protected in locked housing facilities located at the radio base station. 4. Back up resources are located in the building underneath our on-site antenna system.

800.3.20 EMERGENCY POWER 1. A back-up generator will be connected to run all emergency console radios and the lighting system in the event of a power failure. 2. In the event of a power failure the telecommunications operator shall: (a) Notify the shift commander, patrol commander and the communications supervisor. (b) Notify all police, EMS and Fire personnel via the appropriate radio frequency of the situation. (c) Notify Centerpoint Energy. (d) The telecommunications operator may need to use portable hand held radios until the emergency generator or back up radios are in service. 3. The emergency generator will be inspected and tested on a weekly basis. The generator is programed to start and run each Monday morning at 07:00.

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800.3.21 TELETYPE MESSAGES 1. These procedures are designed to promote uniformity and insure the effective and efficient use of the department’s communications systems. Conformation to these procedures is required of all communication personnel. All telecommunications operators will be familiar with the TLETS Operating Manual. 2. Formal Message - a formal message is defined as an established form of sending information from one point to another. It generally applies to all messages in which a permanent record is maintained for future reference. As in any business correspondence, the message should present a clear and brief projection of the meaning intended. Due to technical requirements, single spacing should be used on all messages transmitted on TLETS or NLETS. The composition requirements of a formal message are found in the TLETS Operating Manual. 3. Informal Message - an informal message is one that does not meet all the requirements of a formal message. It does not carry a message number and is used on date inquiries, service messages between stations, and flash type reports where time is of the essence. 4. Pearland Police Department telecommunications operators will utilize the informal message type. It should be noted that all components of a formal message are used except the message number. 5. All outgoing messages will be addressed so that the department also receives a copy of the message. All outgoing messages will be properly addressed so that they are routed to the intended agency. Telecommunication operators will not place a group address (HOG, REG2, etc.) when the message is only meant for a certain station(s). 6. A copy of all sent messages will be filed. 7. A copy of all messages addressed to this station shall be filed. All messages from another agency to release a prisoner will go in a separate file. 8. In the event of a HOG message either received or sent, dealing with either people or property, a copy shall also be filed in the “hold” file. If there is a warrant on file, a copy of the hold message will also be filed with the warrant. 9. Message Composition - the standard message form is used in preparing a written copy of a message for transmission. The text should be written in a manner that will enable the addressee to respond quickly and easily to the information. Simple and easily understood words and phrases that carry a definite meaning are preferred over the more difficult words that may be confusing to the reader. (a) Descriptions of persons and vehicles required for entry and inquiry formats into computerized database systems are contained in the TCIC Operating Manual. (b) For purposes of message copy and broadcast, the following order will be used omitting items that are unknown or not applicable: 1. Persons i. Name ii. Race and sex

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iii. Age or date of birth iv. Height (in feet and inches to nearest inch) v. Weight (in pounds) vi. Colo of hair and eyes vii. Visible scars, marks or tattoos viii. Clothing (described from top to bottom) 2. Vehicles i. Color ii. Year iii. Make iv. Model v. Body style vi. License year vii. License state viii. License number ix. Vehicle identification number (only in written messages) x. Other identifying information (signs, damage, unusual markings, etc.). 10. Message Classification - messages in police communications generally fall into three groups: priority, routine, or deferred. Although a strict rule cannot apply to all situations, an order or precedence is established to aid the telecommunications operator in processing traffic. As a general rule the following sequence should be considered. (a) Priority - that traffic which is considered of utmost importance and which should be taken care of first including: 1. Disasters (man-made and natural) 2. In-progress crimes or incidents endangering public safety 3. Major crimes 4. Urgent unit or station traffic (b) Routine 1. Routine unit and station traffic 2. Routine criminal broadcasts 3. Attempts to locate (c) Deferred

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1. Runaways 2. Missing Persons 3. Cancellation 4. Announcements and general information 11. LEWIS Messages - Law Enforcement Warning Information System (LEWIS) may be used to advise area agencies or needed safety information. LEWIS messages are sent as other formal and informal messages, however; the very first lines reads ***LEWIS***. The message is then written as usual with all the proper headers, addressing “HOG” and would be used in instances including and similar to the following: (a) Road closings (b) Hospital diversions (c) Major accident blocking traffic (d) Major Incidents block roadways

800.3.22 BROADCASTS 1. “Broadcast” refers to both voice and telecommunications distribution. Broadcasts are used to rapidly disseminate pertinent information concerning criminal, police, and any other activity affecting the public safety and law enforcement. 2. General guidelines - broadcasts fall into either criminal or non-criminal classifications. Information meeting criteria for broadcast as defined by department policy will be broadcast immediately. As more detailed information is accumulated, a message will be composed in the proper format and broadcast locally, regionally, statewide, and/or entered into TCIC/NCIC as applicable. Officers submitting information for broadcast will be responsible for the content and accuracy of the message while communications personnel will be responsible for the format, composition, and dissemination. The officer and the telecommunications operator will work together to ensure the integrity of the information. All personnel will comply with the broadcast policies contained herein. 3. Criminal broadcasts - when information is received concerning a major crime such as rape, murder, escaped prisoner, etc., immediate broadcast of all available information will be made. Information may be rebroadcast periodically so that officers coming on duty will be made aware of the incident. The standard form will be followed giving approximate time and location of the crime. In-progress crimes will be given priority over other radio traffic and shall contain as much pertinent information as available. Broadcasts on routine criminal messages will be made in standard format. 4. Warrant requirements - statewide broadcasts may be made on any felony offense without a warrant being issued. Normally, all misdemeanor offenses must have warrants issued before statewide broadcasts. No misdemeanor will be broadcast statewide if the department will not go after the subject anywhere in the state. Before broadcasting any criminal offense statewide without warrants, the telecommunications

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operator must ascertain if warrants are in the process of being issued. Messages will not be issued statewide if the complainant will not file formal charges or wants only the recovery of property or person(s). 5. Out-of-state broadcast - normally only felony offenses where warrants have been issued and the originating agency will extradite (CID Supervisor should be contacted first, normally it takes a Grand Jury indictment to extradite) are acceptable for out-of- state broadcast. However, certain major crimes such as kidnapping, bank robbery, and certain crimes where crossing state lines constitutes a federal offense may also be broadcast without warrant. 6. Verification of information - concerning vehicles contained in criminal broadcasts shall be checked with the Motor Vehicle Division to verify correctness. Vehicle identification numbers shall also be verified. This reduces the possibility of incorrect information being broadcast. If the verification information does not correspond with the information received concerning the vehicle, a message will be forwarded to the reporting authority informing them of the discrepancy and requesting they check for corrections. 7. In progress crimes - The caller should be asked to stay on the phone while information is being dispatched. This gives the caller a few seconds to check what he has reported and possibly remember other important details. It also maintains communication to the scene and may allow faster relay of other information as it develops. 8. If the situation is occurring outside the Pearland Police Department jurisdiction, the telecommunications operator will access the information given, relay as needed, and transfer the caller to the local enforcement agency having jurisdiction so that a proper investigation may be made and formal complaint made. The procedures listed in Section (V)(G) of this SOP regarding handling of misdirected calls shall also be considered. Should the local enforcement agency refuse or due to other circumstances be unable to make an investigation, the caller will be referred to the appropriate DPS enforcement personnel at the regional officer in Houston or the state office in Austin. 9. Accepting stolen vehicle reports - the information received by department personnel from persons reporting the theft of vehicles will be accepted. 10. Broadcasts of missing persons/children are made for the welfare and safety of the missing individual(s). A time frame (such as the proverbial 24 hours) should only be considered in conjunction with other information relating to the situation and not as a marker to begin an investigation. (a) Attempt to locate - these messages may be authorized for one of the following reasons after it has been determined that the complainant has made very reasonable effort to contact the person(s) by telephone or readily available means: (b) Notification of death/serious illness in the immediate family (c) Emergency message (d) Urgent police business

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(e) Overdue travelers (f) Separated motorists (g) Urgent public assistance (urgent is defined as a pressing need calling for immediate assistance) Attempt to locate message do not normally meet the criteria for statewide broadcast and will be directed to areas of concern only. (h) Telecommunications operators are reminded that these are general guidelines and discretion must be exercised in accepting or refusing to take attempt- to-locates. Even if no action is taken, telecommunication operators will take the information and hold it pending further developments that may require action. Normally, messages of this type are of concern and urgency for a short period of time and unless circumstances warrant, they are considered void after five (5) days, it is a courtesy to cancel the message on the TLETS system. Telecommunication operators may generally handle attempt-to-locate without officer or supervisor intervention, however discretion must be used in broadcasting messages concerning time, distance, and traveling conditions. When there is a question, a supervisor should be contacted. 11. Cancellations (a) It is the officer’s responsibility to: 1. Notify the communications division as soon as possible when information becomes available indicating that a theft report or warrant was invalid. 2. Notify the communications division as soon as possible when the property of a theft report is recovered or a warrant is served, recalled, or in any other manner becomes inactive. 3. Clearly update the property screen and supplement the case files to indicate the status of theft reports. Supplement case to show arrest of wanted subject or to document return of missing person. (b) It is the telecommunications operator’s responsibility to: 1. Remove records from file as soon as possible after being notified that the case has been cleared or that the record is invalid. Invalid records will be cancelled with an “X” message key, recovered property/person records will be cleared with a “C” message key 2. Attach the hard copy of the Teletype return showing the cancel or clear to the entry in the communications center. 3. Be sure the record is actually cleared/canceled from the system, including TCIC/NCIC when the record was entered into both systems. (c) It is the Communications Supervisor’s responsibility to insure the records are cleared from the system in a timely manner with the proper message keys. 12. Record Locate - after receiving hit confirmation from an agency on one of their records for a person or property we have in custody, the telecommunications operator will place a locate on the record if it has not been cleared by the entering agency.

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13. Broadcast composition - the following outlines should be used when broadcasting messages. Information not available will be omitted without comment. Strict adherence to the information sequence is necessary in maintaining format discipline. (a) Wanted persons 1. Type of offense 2. Time and place 3. Warrant and extradition information 4. Name and description 5. Travel information 6. Other pertinent information (such as armed, dangerous, mental patient, etc.) 7. Authority to broadcast (b) Missing persons 1. Name and description 2. Travel information 3. Unusual conditions (mental, physical, foul play feared, etc.) 4. Authority to broadcast (c) Runaway juveniles 1. Time and location 2. Name and description 3. Travel information 4. Other pertinent information 5. Authority to broadcast (d) Attempt to locate 1. Reason for request 2. Name of person to be contacted 3. Travel information 4. Message to be delivered 5. Authority to broadcast (e) Stolen Vehicles 1. Originating agency 2. Color of vehicle 3. Year of vehicle 4. Make of vehicle

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5. Model of vehicle 6. Make of vehicle 7. License year 8. License state 9. License number 10. Vehicle Identification number 11. Other identifying information (signs, damage, unusual markings, etc.) (f) Cancellations 1. Identifying information (original message date, time, name, license number, serial no., etc.) 2. Brief statement of reason for cancellation (apprehended, returned home, vehicle recovered, unfounded report, etc.) 3. Authority for cancellation 14. Security and Privacy - Information obtained through the department’s communications systems, unless specifically authorized for public dissemination, is considered confidential within the law enforcement community.

800.3.23 TEXAS LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM AUTHORIZED USAGE AND USERS 1. Access to data obtained from the following systems: Texas Law Enforcement Telecommunications System (TLETS), Texas Crime Information Center (TCIC), National Crime Information Center (NCIC), and National Law Enforcement Telecommunications System (NLETS) via our agency’s terminal on the network is authorized under the following guidelines: 2. NCIC Policy - Data stored in NCIC is documented criminal justice information and access to that data must be restricted to duly authorized criminal justice agencies or governmental agencies under the management control of a criminal justice agency. It is incumbent upon any agency operating an NCIC terminal to implement the necessary procedures to make the terminal secure from an unauthorized use. Any departure from this responsibility warrants the removal of the offending terminal from further NCIC participation. 3. TCIC Policy - The same access policy guidelines in NCIC apply to TCIC. 4. TLETS/NLETS - The introduction statement of the TLETS/NLETS Operating Manual defines system use as follows: “All agencies subscribing to the Texas Law Enforcement Telecommunications System are reminded that the system is designed exclusively for use by criminal justice agencies in conducting their lawfully authorized duties within their respective jurisdictions and between agencies as required. Use of the system for any other purpose is a violation of State Statutes and Federal Regulations that could result in the termination of service to any agency found responsible for such offenses.

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5. In addition, each agency must insure that the TLETS terminal and/or terminal on local systems that have access to TLETS, are secure from unauthorized use. Mobile Data Terminals (MDT’s) shall not be used in an unsecure location or environment to prevent unauthorized viewing or dissemination of information. 6. Criminal Justice Agency is defined in Regulations in the “Federal Register”, Vol. 40, No. 98, May 20, 1975, Title 29, Judicial Administration, Chapter 1 - Department of Justice, Part 20 - Criminal Justice Information System.” Criminal justice agencies include courts and government agencies or any justice agencies include courts and government agencies or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocated a substantial part of its annual budget to the administration of criminal justice. The “administration of criminal justice” means performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information. Data obtained over these systems via the Texas Law Enforcement Telecommunications System may only be disseminated to criminal justice agencies as defined in state stature and federal regulations. Individuals, businesses, organizations, and governmental entities not defined as criminal justice agencies under the above Federal Regulations may obtain certain information and data by following procedures outlined in Appendix 4 of the TLETS/NLETS Operating Manual. This manual provides step-by-step instruction on how they may obtain data directly from agencies responsible for keeping files such as auto, boat registration information and driver’s license data. 7. TCIC/NCIC Guidelines (a) All telecommunications operators will read and initial TCIC and TLETS newsletters and all posted notices. We will keep a permanent file of these notices in the communications area for reference. (b) The Teletype terminal will be kept secure at all times, and access will be restricted to authorized personnel only. (c) All problems related to TCIC/NCIC will be forwarded to the Terminal Agency Coordinator (TAC) for resolution. The TAC for this agency is the Support Services Supervisor. (d) The department’s participation in the TCIC/NCIC system is conditional upon our adherence to policy as set out in the NCIC Operating Manual and applied through these guidelines. We are subject to audit by the DPS and/or FBI on a biennial basis for compliance to all TCIC/NCIC policies. (e) Quality Control - DPS and the FBI will send quality control messages when they find errors in agencies’ records. (f) Messages from DPS -The telecommunications operator on duty at the time that any of these messages is received will resolve the problem in a timely manner, making any necessary corrections and then forwarding the messages to the communications supervisor. A copy of the message will be left for the person who originally made the entry including the correction made. If

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the telecommunications operator cannot resolve the problem he/she will send a message to DPS advising that we are looking into the problem and notify the supervisor of the problem. If our records show us to be correct, the telecommunications operator will notify DPS that our records show the entry to be valid, and forward all messages to the supervisor. (g) Messages from the FBI/NCIC - Error messages from FBI will have “$.E.” at the top of the message. The record will have been canceled by FBI/NCIC. The telecommunications operator on duty will try to resolve the serious error and re-enter the record if possible, passing information to the supervisor. If the telecommunications operator cannot resolve the problem, he/she will notify the communications supervisor of the “$.E.” message. (h) Validation -every month DPS sends a printout of one month of our records that must be certified as accurate, valid and complete. The Records Division will perform the validation process for this department by reviewing the records and contacting the complainant. Communications will assist by checking the entry for accuracy and updating the entry as needed. The definition and procedure for validation is as follows: 1. Validation (vehicle, boat, wanted and missing person entries, emergency protective orders, license plate and gun files) requires the ORI to confirm the record as complete, accurate, and still outstanding or active. Validation is accomplished by reviewing the original entry and current supporting documents, and by recent consultation with any appropriate complainant, victim, prosecutor, court, motor vehicle registry files, or other appropriate sources or individual. If the entering authority is unsuccessful in the attempt to contact the victim, complainant, etc., the entering authority must make a determination based on the best information and knowledge available whether or not to retain the original entry in the file. 2. The following procedure applies only to records in the vehicle, boat, gun, emergency protective order, wanted person, and missing person files. NCIC has advised that the re-contacting of complainants, prosecutors, or courts, does not have to be concurrent with the validation mailing. If the entering authority completes the re-contact procedure within approx. 90 days after entry and annually thereafter, they are within NCIC guidelines. There is no requirement that this “recent consultation” be by phone. NCIC states that a system of written notification may also be used 3. The TAC will direct activities to accomplish the validation by the state deadline. An individual records clerk will be assigned the responsibility for this job and may request assistance on an as needed basis. This validation procedure is a high priority action and all employees will assist when asked to do so. 4. The Records Clerk assigned to this duty will forward a copy of all work regarding this procedure to the TAC.

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(i) Hit Confirmation - During hit confirmation, whether requesting it from another agency or providing it to another agency, the TCO on duty must accomplish the following: 1. Insure that the person or property inquired upon is identical to the person or property identified in the record. 2. Insure that the warrant, missing person report, or theft report is still outstanding. 3. Obtain information regarding the extradition of the wanted person. 4. Obtain information regarding the return of the missing person to the appropriate authorities. 5. Obtain information regarding the return of stolen property to its rightful owner. 6. The TCO shall insure that the person or property in custody is the same as the person or property in the theft report or warrant, regardless of whether the department is requesting the confirmation or replying to another agency’s request for confirmation of a departmental record. 7. Upon receipt of a request for confirmation of a PPD entry: i. The telecommunications operator on duty will reply to all requests for hit confirmation within ten (10) minutes. If he/she is unable to provide the positive or negative confirmation within that time, he/she will immediately send a message to the requesting agency giving them a specific amount of time needed to confirm or deny. ii. All hits will be confirmed by reviewing the original case report or warrant to accomplish the steps outlined in (V)(X)(6)(i). 8. When sending a request to another agency for confirmation of one of their records it is the telecommunications operator’s responsibility to: i. Notify the officer of the hit and that confirmation is being requested, then send a message to the agency that made the entry using the YQ hit confirmation format and fully describe the person or property in custody. ii. If within 10 minutes, the entering agency does not provide positive confirmation, negative confirmation, or the specific amount of time they need to confirm or deny, the operator will send a second hit confirmation request to the entering agency, TCIC Control Terminal in Austin (CRDP), and the State Control Terminal of the entering agency if the agency is out of state. iii. If within 10 minutes after the second request, the agency does not provide the confirmation, the operator will send a message to the entering NCIC Control Terminal in Washington, D.C. and if the entering agency is an out-of-state agency, to the agency’s

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State Control Terminal, at the NLETS ORI found in the back of the INTRODUCTION of the NCIC Operator Manual. 9. It is the officer’s responsibility to: i. Understand that the hit alone is not probable cause to arrest. The hit confirmed with the originating agency is one factor to be added to other factors at the scene to arrive at an arrest decision. ii. Understand the hit confirmation process and that he/she is responsible for ensuring that the person/property in custody is the same as the person/property of the record along with the other safeguards stated in #1 above. iii. Hit confirmation will be obtained from the entering agency before taking any of the following actions on hits: (a) Arresting the wanted person (b) Detaining the missing person (c) Seizing the stolen property 10. NCIC guideline describes a hit confirmation as being over the Teletype, however, there is no NCIC requirement that hit confirmation be written. 11. Verbal hit confirmation will be accepted only when Teletype confirmation is not possible or delayed and will request that the agency follow-up with Teletype confirmation when it becomes possible. 12. Written hit confirmation will be provided to requestors whenever possible. If Teletype confirmation is not possible or delayed, hit confirmation will be verbal/over the phone and a follow-up Teletype message will be sent as soon as possible. 13. The fax machine may be used in the event the Teletype system is down, however a follow-up confirmation will be sent by Teletype. 14. Under no circumstances will a hit confirmation request to our agency go unanswered. (j) Record Entry - no records will be entered into TCIC/NCIC without first establishing through a written report that the offense occurred in jurisdiction of the Pearland Police Department. (a) Property i. Records will be entered only when a valid theft report is on file or other TCIC/NCIC entry criteria is met. ii. The record will be entered as soon as possible after the theft report has been received. iii. It is the investigating officer’s responsibility to: (a) Make sure that an official theft report is made or other entry criteria are met.

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(b) Make sure all information in the theft report is accurate and all required information is included. (c) Provide the information to the telecommunications operator as soon as possible. iv. It is the telecommunications operator’s responsibility to: (a) Verify that the information meets TCIC/NCIC entry criteria. Each entry will be reviewed by a coworker immediately following entry. Any errors found will be corrected by the entering TCO. (b) Verify vehicle registrations through MVD, identification information through DL and CCH checks, and boat registrations through the Parks and Wildlife Department. (c) Bring to the attention of the reporting officer any missing or incorrect data. Enter the record with available data, if possible. (d) Verify the information on the screen before entry. Have another telecommunications operator check the entry, if possible. (e) Record the entry in proper file, including date, operator’s initials, and hard copy of the entry acknowledgment. (b) Persons (a) Records will be entered only when a valid warrant, protective order or missing person report is on file or other NCIC entry criteria are met. (b) The record will be entered as soon as possible after the warrant, protective order or missing person report has been received. (c) It is the investigating officer’s responsibility to: (a) Make sure that an official warrant is issued or missing person report is made. (b) Make sure all information in the warrant or missing person report is accurate and all required information is included. (c) Obtain a forecast of extradition for wanted persons. (d) Provide the information to the telecommunications operator as soon as possible. (d) It is the telecommunications operator’s responsibility to: (a) Verify that the information in the warrant or missing person report meets TCIC/NCIC entry criteria. (b) Verify vehicle registrations through MVD, and identification information through DL and CCH checks. Include the entry alias information from DL and CCH returns, but only when

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there is a high degree of certainty that DL and CCH returns are for the subject of the warrant. (c) Bring to the attention of the communications supervisor any incorrect or missing data. Enter the record with available data, if possible. (d) Verify the information on the screen before entry. Have another telecommunications operator check the entry when completed. (e) Forward the hard copy of the record for inclusion in the proper case file. File a copy in the correct location in communications including date, and operator’s initials. (f) Enter the wanted person record into TCIC only unless instructed by the CID Commander otherwise. (g) Enter the protective order into TCIC and NCIC based on the information obtained from the court. (e) It is the communications supervisor’s responsibility to: (a) Verify the validity of the record. (b) Verify all data entered against the warrant or missing person report and DMV, DL and CCH checks. Ensure that DL and CCH information was added, as appropriate.This includes verification that the wanted person was entered into TCIC only or TCIC and NCIC as appropriate according to the forecast of extradition. (c) Insure that the record is entered as soon as possible after the receipt of the warrant or missing person report. (d) Coordinate with the officers obtaining complete information when it is not included in the warrant or missing person report. 8. Handling of Information Obtained Over the Teletype (a) Who can request information: 1. Within the department, only commissioned officers and other authorized persons will be allowed to request Teletype inquiries of any kind. 2. Requests from outside the department will be honored when the identity of the requestor can be verified as a commissioned officer or other authorized person (probation officer, parole officer, judge, etc.) who is making the request for a criminal justice purpose. Appropriate logging for CCH information is mandatory. 3. All authorized personnel are responsible for limiting their requests for official, criminal justice purposes only. (b) Stolen and Wanted Information

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1. Stolen and wanted information can be requested by officers as needed. No dissemination log is necessary, and the information can be broadcast over the radio without restriction, except as necessary to safeguard the officer. Notification over the police radio will be made by contacting the officer by his/her radio number followed by the letter “K” (ex. “2B11, K”). This message will alert the officer to secure his radio.. This method prevents the possible suspect from being alerted to the warrant and instructs the officer that he/she may wish to secure his radio out of earshot of the possible suspect. This technique may be used in any similar situations but should not be abused. 2. Incoming arrestees and prisoners being released will be checked for TCIC/ NCIC warrants. 3. Subjects will be checked for wants/warrants using all alias names, dates of birth, and identifying numbers that are discovered for each subject. 4. When an NCIC inquiry yields a hit, the terminal operator will note on the printout precisely how, when, and to whom the information was given; date and initial this notation and forward to the file. 5. Hit confirmation will be obtained from the entering agency before taking any of the following actions on hits: i. Arresting the wanted person ii. Detaining the missing person iii. Seizing the stolen property 6. If a citizen requests that something be checked to determine if it is stolen, this may be done only after first obtaining the name, address, and phone number of the caller and the location of the item in question. If the item shows to be stolen, an officer will be sent to the location to verify the information and make a recovery. 7. Local warrant checks may be done over the phone. Computer warrant checks are to be done in person after confirming the person’s identity. 9. The incoming message screen will be monitored continuously so that messages are not missed. Everyone is responsible for following through on any messages received via teletype.

800.3.24 RADIO PROCEDURES 1. Operating Procedures - the following radio procedures have been developed to promote efficient and effective use of the department’s radio system. The Procedures are designed to conform to the Federal Communications Commission Rules and Regulations. These guidelines are set forth to promote professionalism in the communications center.

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2. Telecommunications operators should be impersonal on the air, referring to members of the department by radio call numbers or by title and surname. Avoid the use of pronouns “I”, “We”, etc. Refer to self as “this station,” “this operator” or “dispatch.” 3. Telecommunications operators should maintain a pleasant, helpful, and courteous manner at all times, but should refrain from using expressions such as “please”, “thank you”, “sir”, “ma’am”, or “would appreciate” on the air. 4. Telecommunications operators must be aware that the radio spectrum is a shared public resource and must not be used like a telephone. Conversational language used in telephone and personal contacts is entirely different from that used in law enforcement radio communications. The radio system is licensed for public safety business only and every effort should be made to eliminate all unnecessary traffic (humorous remarks, horseplay, etc.) from the air. 5. Telecommunications operators should plan each transmission to the receiving party. Accuracy is important in communications and should never be sacrificed for speed. 6. Telecommunications operators must be aware that the operation of the radio is their primary responsibility and that answering mobile radio calls should take precedence over other activities. 7. Use of the microphone - several different types of microphones are used in the department’s radio system. The following basic procedures apply to microphone usage regardless of type: (a) Voice and Modulation - Operators should speak in a normal voice with the mouth near to and positioned directly in front of the microphone. Transmissions should be made once, with the word delivery slightly slower than normal speech. This allows sufficient time for the receiving party to copy the transmission and reduces the need for constantly repeating transmissions. The same level of modulation should be maintained constantly so that each syllable will be clearly reproduced and easily understood. Speaking loudly distorts the voice and does not increase the signal strength of the equipment. (b) Monitoring the Frequency - Before operating the radio, listen on the channel to be used to see that no unnecessary interference will be caused. If there is no answer to the first call, repeat it after about five (5) seconds. If there is still no answer, wait about five (5) seconds before trying again. If the unit or agency being called is not usually on the air, TCO’s may wish to wait several minutes before trying again. However, if a unit is supposed to be on the air and not answering, consider this a priority situation and make every effort to determine the problem. Every precaution should be taken to avoid causing unnecessary interference on the channel. If the unit to respond is a primary patrol unit, use good judgment regarding continued calling and contact the supervisor. Telecommunications operators may transmit Alert tones to gain the attention of the officer and dispatch a unit to the non-responsive officer’s last known location. (c) Acknowledgment – When acknowledging receipt of any transmission, insure that the message received is understood. Check doubtful information with the transmitting party. Always clear a unit using his/her full radio numbers.

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(d) Transmitter - Most radio equipment has electrically operated mechanical relays that must operate prior to the voice being transmitted. Key the transmitter one or two seconds before beginning voice transmission in order to give the equipment time to operate. Failure to hesitate after keying the transmitter may result in the initial part of the transmission not being broadcast. End the transmission a few seconds before releasing the transmitter. (e) Calling and Answering - Strict adherence to proper calling and answering procedures will result in a minimal confusion in use of the radio system. (f) When two or more units or stations call at or about the same time and none of the calls have been identified as an emergency, the following answering sequence should be used: 1. Police units 2. Pearland Fire or EMS units 3. Police stations 4. Other units 5. Other stations (g) Units - When calling outside mobile units, identify your station by its geographic location, then identify the unit being called using the entire call number. (e.g. Pearland – Brazoria County 1547) (h) Transmissions - Transmissions of different types are required by the normal routine of a telecommunications operator’s duty. These vary in length from two or three words to very lengthy broadcasts. All transmissions should be limited to the minimum practical transmission time. (i) Lengthy Transmissions - show respect for others sharing the radio frequency and do not monopolize the network. Lengthy transmissions should be broken at intervals by using the word “break” and waiting for acknowledgment or other transmissions before continuing. When lengthy general broadcasts are made, they should be broken up at intervals using such wording as “break for traffic”, etc., again allowing units or stations with emergency traffic an opportunity to break in. When resuming the transmission, wording such as “Pearland PD continues” would be proper. When transmitting lengthy broadcasts, bear in mind that most base station transmitters are adjusted for a “time out” after two or three minutes of continuous transmission. This allows the receiving unit or station an opportunity to verify the message or ask for repeats. It also allows any unit or station with emergency traffic to break in. (j) Blind Transmissions - are used when giving information that might be of interest to all stations in an immediate geographic area, and when the matters is of such a nature that it requires no acknowledgment. Such transmissions may be used when it is believed that the station or unit concerned is able to receive a transmission without being able to acknowledge the transmission at that immediate time. Acknowledgment should always be obtained at a later time if blind transmissions are used in such a case. Blind transmissions should be

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used with discretion and should never be used for a call that obviously will have a unit assigned to it. (k) Proper F.C.C. Rules and Regulations - Proper F.C.C. Rules and Regulations on identification will be followed on all frequencies including “back” channels. (l) The use of 10 code is prohibited by Pearland Units. (m) Emergency Traffic - when conditions exist that endanger the life or safety of officers or citizens to the extent that uninterrupted communication is required, other stations and units within the radiating pattern may be directed to transmit only emergency communications. (n) Responsibility - the responsibility of initiation of emergency operations for any given incident rests with the officer or supervisor involved in the emergency situation. The telecommunications operator may initiate the procedure when it becomes apparent that an officer is too deeply involved in an incident to make the request or when contact has been lost or an officer who has indicated involvement or possibility of involvement in an emergency situation. There will be times when the telecommunications operator may have to call for such conditions due to a life-threatening situation on the telephone. Whether there are one or two telecommunication operators on duty the emergency radio condition should be lifted as soon as there is enough information to dispatch the needed services. (o) Initiation of Procedure - When such emergency conditions arise, the telecommunications operator should at the earliest possible moment, make a general broadcast to units and stations within the area advising of the emergency limitations. If interference occurs from units or stations not aware of the emergency conditions, they should be directly, briefly, and courteously acquainted with the situation to avoid further interruptions. (p) Termination Procedure - When it is apparent that the emergency conditions no longer exists, the telecommunications operator will confer with the officers involved in the incident to determine if and when the emergency procedure will be terminated. When the decision has been made to terminate, the telecommunications operator will make a general broadcast to stations and units involved, advising of the termination so that normal communications may be resumed. (q) Notification of First Line Supervisors - The immediate supervisors of department personnel involved in an emergency situation will be notified of the existing conditions. Supervisors are responsible for keeping abreast of the situation in case the situation worsens or major decisions become necessary. (r) Dispatching Aids - The phonetic alphabet is a group of standard words to insure that letters of the alphabet will be more understandable when transmitted by radio. The following representative list should be used: (a) A-Adam, B-Boy, C-Charles, D-David, E-Edward, F-Frank, G-George, H- Henry, I-Ida, J-John, K-King, L-Lincoln, M-Mary, N-Nora, O-Ocean, P-

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Paul, Q-Queen, R-Robert, S-Sam, T-Tom, U-Union, V-Victor, W-William, X-Xray, Y-Young, Z-Zebra (s) Operating Techniques - Techniques as used in this section can be best defined as those methods used in executing the details of procedure. Poor techniques cause the receiving telecommunications operator to become unnecessarily frustrated. (t) Miscellaneous Aids 1. A telecommunications operator will not use angry, derogatory, or humorous remarks or display excitement or irritation. A telecommunications operator faced with this sort of treatment from another person should ignore the offender and report the situation to a supervisor if it is serious enough to warrant corrective or disciplinary action. 2. An operator will not leave his/her post until properly relieved. The operator being relieved will brief the relieving operator of all pending traffic. 3. An operator will not show partiality to any one service or person, but will honor all matters according to priority and exercise discretion in handling manners that are considered routine. 4. Operators will be alert when monitoring radio traffic on the network. Good telecommunication operators are always aware of developing situations that may involve their stations or officers. Keep all receivers at a level where they can be heard. 5. Strive for accuracy. Do not advise a calling unit or station to “go ahead” unless prepared to copy. Never acknowledge receipt of a message if there are any doubts about its correctness. Adhere to proper message form. Traffic given in uniform sequence is easier to copy and there is less change of error. 6. Courtesy is understood in law enforcement and should be reflected in the tone of voice rather than in words such as “please”, “thank-you”, “sir” or “ma’am”. 7. Operators should have a good knowledge of the geographic area covered by Pearland emergency services. Keep maps available and become familiar with the actual roads and landmarks. Operators should know what units are working a given area, and their personnel. Become familiar with the names and titles of department personnel and dignitaries that frequent the station. 8. All telecommunications operators shall work to keep the Dispatch office neat, clean, and well organized. 9. Operators will be prepared to copy and render assistance at all times. 10. Above all orient oncoming operators of any pending radio traffic, on-going situations or unusual circumstances when going off duty.

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(u) Basic Microphone Techniques - Some basic techniques can easily be applied by remembering the following: 1. Good posture is important. It not only aids correct pronunciations of words but also reduces fatigue. 2. Plan each transmission. Read messages before transmitting and know their meaning. THINK before speaking. 3. Open the microphone a fraction of a second before transmitting and open the mouth enough to provide consistent, clear speech while broadcasting. 4. Speak in a normal tone of voice and speak clearly while transmitting. Use words that are easily understood. If necessary, use the phonetic alphabet, but use it correctly. 5. Clear the station after transmission and stay off the air to handle official traffic. 8. Console Operation (a) Transmit - Keying of the transmitters may be accomplished by depressing the transmit button by depressing the foot pedal, the TRANSMIT button on the radio unit, or any transmit (lightning bolt) button on the console computer screen. (b) Transmitting on more than one frequency at the same time (simulcasting) may be accomplished by identifying the group on the radio computer screen and depressing the foot or a TRANSMIT button. All transmitters selected will key on and broadcast simultaneously. (c) Receive -Any of the “receive” channels may be selected to the main speaker or headset by depressing the desired station select button. More than one “receive” channel may be selected and monitored via the main speaker or head set. (d) All-Mute -The all-mute switch on the console mutes all channels on both sides of the console. The channel selected to the main speaker will not mute. (e) Individual Channel Controls -each channel is equipped with an individual volume control, adjustable for a comfortable listening level. Unselected channels should still be maintained at an audible level. (f) VU Meter -The VU meter registers the audio rate of modulation of the transmitter carrier. Normally a one-third scale reading is sufficient to assure full modulation. The telecommunications operator should be aware of the VU meter to determine whether a transmission is or is not going out.

800.3.25 TELEPHONE USE AND COURTESY 1. Service - Telephone service is provided to all department offices through leased equipment and services from local telephone companies. Telephone service is maintained primarily to provide a communications link between the public and the department; however, it is an integral part of the communications system and must be used by the telecommunications operator in gathering and dissemination of a major portion of the information used in his/her daily work.

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2. General Guidelines - The ability and skill of an operator in gathering and disseminating information quickly and courteously determines the effectiveness of the assignment. To insure maximum benefits are derived from this service, the following guidelines are suggested: (a) Limit all calls to the minimum time required to conduct business. Office telephones may be used for brief personal calls provided these calls do not interfere with normal dispatch operations. (b) Any difficulty or trouble in the use of any telephone equipment or in placing calls should be reported to the IT communications specialist or the communications supervisor. (c) Maintain a competent working knowledge of the telephone system. Know how to transfer calls properly with minimum delay to the calling party. Maintain an accurate, up to date list of extensions and frequently called numbers and be familiar with them. (d) Never criticize another person or party. The lines are recorded and subject to open records requests. (e) Economy and efficiency should be considered in the use of the telephone and it should be used to replace written communications. (f) Personal cell phones in the communications center shall be placed on vibrate or silent mode and should not interfere with normal dispatch operations. 3. General Procedures (a) Answer all incoming telephone calls promptly and courteously with the following script: “Pearland Dispatch, this is . Speak directly into the mouthpiece using a calm, clear voice that will leave a favorable impression. Do not speak with gum or any other object in the mouth. Even the best communications equipment does not give a perfect reproduction in transmission; so any loud spoken, harsh, or other abnormal sound that adds to voice distortion should be avoided. Remember the impression left with the calling party, whether good or bad, will depend to a large degree on the courtesy and efficiency shown by the operator. Never lower oneself to the level of an abusive caller by being abusive in return. (b) Good telephone etiquette demands that telecommunications operators answering incoming calls should identify their department. When receiving calls from the main switchboard, personnel need only identify the division and themselves. (c) Take notes on incoming calls as an aid in recording necessary data for possible later use. Verify names and groups of numbers. Obtain the name and phone number of the calling party where applicable. In conversations, use the caller’s name if possible. Discard old notes that have no further value. (d) Keep reference material such as addresses, telephone numbers, and assigned locations of personnel readily available. Do not give out information or make

COMMUNICATIONS

a statement not known as fact. An erroneous statement may invite a civil suit under libel laws. Refer requests for information to the correct source. (e) Be alert for identification of recording devices being used by callers, especially news-gathering agencies. Generally, requests for recording for reproduction in commercial radio news broadcasts should be referred to the Public Information Officer. 4. Emergency calls - In the course of performing assigned duties, communications operators often receive telephone calls of an emergency nature. Since most callers are not aware of the information needed, the telecommunications operator should, if necessary, take the initiative in questioning the caller.

800.3.26 ALARM PROCEDURES 1. Upon receiving a report of an alarm, telecommunications operators shall create a calls for service following standard call taking procedures. 2. Dispatch shall send two (2) units to the alarm location as soon as practical after receiving the alarm report. 3. For locations with three or more unfounded/false alarms within the preceding thirty (30) days, dispatch will attempt to locate a key-holder and obtain an estimated time of arrival for the key-holder to meet with responding officers. (a) The dispatcher will handle all incoming Hold-Up Alarms or incoming telephone calls reporting a hold-up alarm as the emergency dictates. (b) Upon receiving such a call or alarm the Dispatcher will immediately dispatch two (2) patrol units to the location. (c) The Telecommunications Operator shall directly contact an employee of the business when advised to so by the responding officers, and advise the employee that the department has received an alarm. The TCO shall obtain a clothing and physical description of the employee and relay the information to the responding officers. The employee will then be advised to step outside. 4. Financial Institution Alarms. (a) All incoming financial institution alarms or incoming telephone calls reporting financial institution alarms/robberies shall be handled as emergency incidents. Upon receiving such a call or alarm, the dispatcher shall immediately dispatch two (2) patrol units to the financial institution. (b) Initial Dispatch Responsibilities: 1. Directly contact an officer of the financial institution, when advised to do so by the responding officers, through the main switchboard of the financial institution. 2. Should Dispatch be unable to contact a financial institution officer through the switchboard of the financial institution, Dispatch will notify responding officers that a robbery or other serious event may be in progress.

COMMUNICATIONS

3. Upon contacting a financial officer at the institution, Dispatch should attempt to verify the identity of the financial officer and ascertain if a problem exists. In the event of a suspected robbery in progress, Dispatch should request that the financial officer simply hang up the phone to alert dispatch that an actual robbery or other serious event is in progress. 4. Should the financial institute officer advise Dispatch that there is no problem, Dispatch will attempt to verify the identity and clothing description of the financial officer and request that the financial officer exit the institution through the main entrance to meet a police unit. 5. In the event the bank has been contacted but the financial officer does not exit, responding officers should be aware that a hostage situation may exist. 6. Information gained from the financial institute officer will be passed on to the patrol units as soon as possible. 7. At no time will units be disregarded by information obtained by the phone. 5. The Fire Department will check fire alarms. 6. Panic alarms will be first checked by a field unit unless the alarm company can specifically advise of a known medical problem at the location. In such a case, EMS will also be dispatched.

800.3.27 9-1-1 CALL PROCEDURES 1. When the 9-1-1 line rings, it should be answered with the utmost priority. 2. Whenever necessary and appropriate, the telecommunications operator will stay on the line with the person calling until help arrives and/or it is safe to release the line. 3. If the person calling does not have an emergency, the telecommunications operator will politely advise the caller that 9-1-1 is meant for emergency use only and give the caller the correct number to call. (a) When children call 9-1-1 information should be taken regardless of the emergency status of the call. (b) When the elderly call 9-1-1 information should be taken regardless of the emergency status of the call. 4. If a “9-1-1 hang-up” call is received, the telecommunications operator will attempt to call back with the number retrieved from the Automatic Number Identifier (ANI) or Automatic Location Identifier (ALI). 5. If contact is made, the telecommunications operator will advise the party that a 9-1-1 call was received from the number and inquire if there is a need for assistance. If the telecommunications operator determines that there is no problem, the party will be instructed to call back on the non-emergency line so that the telecommunications operator can be sure there is no problem and the party is able to make a call. If there is no return call, a field unit should be sent to the location.

COMMUNICATIONS

6. If no answer is received on call back and the address can be retrieved, a field unit will be sent. 7. If contact is made and the telecommunications operator believes there to be a problem based on conversation with the other party sounds in the background, etc. a field unit shall be sent. 8. If the telecommunications operator fails to follow these procedures and it is later determined that a need for assistance was present, the telecommunications operator will be liable for his/her actions and may face disciplinary action.

800.3.28 REPORTS 1. Walk-in Reports (a) The Records Division will be the first referral for walk-in reports. Records clerks will gather information from the complainant and call dispatch to relay the information needed to create a calls for service in CAD. An officer will then be dispatched. (b) Other in-house personnel may also be utilized for walk-in reports. 2. Supplements (a) Telecommunications operators will supplement: 1. Runaway and missing person reports – When information is received that a runaway or missing person has returned or been found, the telecommunications operator will determine the condition of the person and dispatch an officer to verify their return if the subject returns to the City of Pearland. The telecommunications operator will clear the person from NCIC and supplement the case in the computer or on paper with notations of the clearance and brief information on the outcome. If notification comes from anyone other than the family, the telecommunications operator will determine if the family has been notified. If not, the family will be notified. An auto theft/missing persons checklist should be completed and forwarded to the Records division before the end of the shift. 2. Stolen vehicle reports-When information is received that a vehicle has been recovered, the telecommunications operator will attempt to contact the complainant, clear the vehicle from TCIC/NCIC, supplement the case report with the location, time and date of the recovery, recovering agencies case number and condition of vehicle. A copy of the recovery teletype needs to be made for Records and attached to the completed auto theft/ missing persons checklist and forwarded to Records division before the end of the shift. If the complainant cannot be notified, a form letter will be sent.

800.3.29 DRESS 1. Telecommunications operators will be familiar with the General Order, SOP’s and the current city dress code and will dress accordingly. Telecommunications operators will wear uniforms that are provided by the city.

COMMUNICATIONS

2. Only the Chief of Police may grant exceptions to the proper attire for duty in the communications center. 3. The Support Services Supervisor, Telecommunications Team Leader or Shift Supervisor may order a telecommunications operator to return home and retrieve appropriate attire for work.

800.3.30 SCHEDULING 1. The communications supervisor is charged with scheduling telecommunications operators so that shifts are covered in an appropriate manner to serve the needs of the city and the department. 2. The communications supervisor may at his/her discretion assign personnel as needed to fill such needs. 3. Any permanent shift or schedule change will follow departmental policy. 4. Requests for time off will be forwarded to the communications supervisor in a timely manner. Every effort will be made to accommodate the requests. It is understood that there will be times when requests cannot be accommodated. In the event that duplicate requests for time off are received at the same time, seniority will be the guide. Otherwise requests are granted on a first come, first served basis. 5. When requests for sick time or routine time off are made, it will be the communications supervisor’s primary responsibility to cover the open time. 6. If a request for routine time off is made with less than forty-eight (48) hours’ notice, it will be the telecommunications operator’s responsibility to see that the time is covered, pending approval of the communications supervisor. 7. Request to trade days off or shifts with another telecommunications operator will follow the same time requirements. Requests to trade days off or shifts will occur within the same seven (7) day pay week. This keeps the department within federal overtime guidelines and keeps from falsifying records. 8. Telecommunications operators are expected to adhere to their shift assignments. 9. Part time telecommunications operators - the purpose of part time telecommunications operators is to fill open work slots in a manner so as to delay the use of overtime in full time employees. 10. Part time telecommunications operators are subject to all departmental policies, directives, and state and federal regulations. 11. Part time telecommunications operators are considered a pool from which needed shift assignments may be filled. 12. If scheduling permits, part time telecommunications operators will be assigned a regular weekly shift. The part time person is responsible for requesting such assigned time off in the same manner as full time telecommunications operators. 13. When there are shift openings, the part time operator has the first choice for working this opening. The second choice goes to full time operators.

COMMUNICATIONS

800.3.31 SPECIAL COMMUNICATIONS PROCEDURES 1. The reporting of certain incidents and/or situations to administration and the field command is necessary in order to keep the chain of command informed of events in which they are like to participate. 2. It is the responsibility of supervisory and operating personnel to insure that there is no delay in transmission of the following types of records: (a) All fatal accidents (b) Accidents involving department property and personnel (c) Accidents or incidents occurring on department property (d) Accidents or incidents involving prominent citizens (e) Accidents or incidents involving radioactive or other hazardous materials (f) Accidents involving perishable goods and/or drugs (g) Aircraft crashes (h) Explosions and fires of a major nature (i) Tornadoes, hurricanes, floods and other severe weather (j) Civil preparedness emergencies (k) Road conditions, when affected by flood, ice, snow, etc. (l) Train derailments (m) Major crimes which command the attention of department personnel (n) Reports of department personnel participating in apprehension of criminals (o) Missing children or persons (p) Any other incident that should be brought to the attention of the Chief of Police 3. All such reports should be transmitted as quickly as possible, consistent with accuracy. If completed details are unknown, the initial report should be transmitted without them. 4. Accidents Involving Perishable Goods - when a member of the department investigates a motor vehicle accident in which a substantial amount of perishable food products and/or drugs destined to go into commercial channels has been damaged and might be contaminated by outside substances, or might deteriorate because of the accident to such an extent that food or drug might be dangerous or otherwise unfit for human consumption or use, the Department is charged with the responsibility of notifying the Texas Department of Health as soon as possible. 5. When information of this nature is received, a message will be composed and transmitted through TLETS to the DPS headquarters and the Texas Department of Health. When composing such a message it should contain, as a minimum, the following information assembled in the order outlined: (a) Title - food or drug products in accident

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(b) Date, time, and location of accident (c) Driver of vehicle (d) Owner of vehicle (e) Description and amount of product involved (f) Owner of product (g) Origin and destination of product (this trip) (h) Disposition of products (i) Name and station of investigating officer (j) Other pertinent information 6. Accidents and Incidents Involving All Hazardous Materials (a) When a member of the department investigates or becomes aware of an incident in which a hazardous material is known to exist, the Fire Department shall be notified immediately. The communications personnel so notified are charged with the responsibility of notifying the Division of Emergency Management, the Texas Department of Health, and personnel in the chain of command of the accident or incident as soon as possible. If an accident or incident involves radioactive material, the Nuclear Regulatory Commission and the Department of Defense will be notified in addition to other agencies. (b) Notification and messages will be composed and transmitted through DPS telecommunications system giving details assembled in the order outlined: 1. Title - (radioactive material, other hazardous material) accident or incident 2. Date, time and location 3. Driver of the vehicle 4. Owner and/or lessee of a vehicle 5. Owner of material 6. Description and amount of material (including proper shipping name and placard ID number) 7. Injuries or fatalities involved 8. Origin and destination of material 9. Disposition of material 10. Condition of material (sealed or exposed to environment (specify contamination) 11. Fire or explosion involved 12. Scene security and officer in charge 13. Special precautions being taken - evacuation, roadblocks, etc.

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14. Name of investigating officers 15. Other pertinent information 7. All such reports should be transmitted as quickly as possible, consistent with accuracy. If complete details are unknown, the initial report should be transmitted without them. 8. Progress reports will be made as often as necessary to keep the department personnel fully informed of existing conditions. 9. Disasters (manmade or natural) - The department has the responsibility of gathering information on any actual or threatened emergency or disaster situation and transmitting such information. 10. Information on threatened emergency - when there is a threat of disaster in a specific location or area, a message will be sent containing the following minimum information: (a) Type of emergency (b) Area likely to be affected (c) Officials in charge of civil defense and disaster preparations (d) Method and point of contact with these officials (e) Anticipated assistance 11. Emergency and Post-Emergency Information - While an emergency or disaster is in progress or immediately thereafter, a message will be sent reporting the following information as soon as possible. (a) Type of disaster (b) Estimate of damage (c) Estimate of injured and/or dead 12. Full Reconnaissance Report - As rapidly as a full reconnaissance can be made of the disaster area, a message containing the following information will be transmitted through the proper channels. (a) Extent of area affected (b) Condition of public utilities and communications (c) Estimate of property damage (d) Confirmation of the injured and/or dead (e) Location, phone number or method of contact with the local control center. (f) Outside assistance required, if any. 13. Storing and Reporting of Abandoned and Stolen Vehicles (a) When any uniformed enforcement officer causes the removal and/or storage of any vehicle which has been abandoned (or when the owner cannot be found to advise disposition), he/she will notify the telecommunications operator and give the following information:

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1. Year, make and model of vehicle 2. License number and state of issue 3. Vehicle identification number (secure by actual inspection of vehicle) 4. Date stored 5. Where stored (name of garage and city) 6. Apparent condition when stored (running, wrecked, burned, etc.) 7. Reason for storing (abandoned, wrecked, etc.) 8. Any “holds” or other limitations on release to proper person 9. Officer should place on the wrecker slip a request for the wrecker company to notify Records Division if the vehicle is released and Records Division will have the vehicle taken out of TCIC. 10. If the owner is unknown and the vehicle is stored, an offense report is required to enter the vehicle into TCIC as a stored vehicle. The officer should deliver or flag the report for Records Division that the owner has been notified. 11. Recording Information - Immediately upon receipt of the information required in above paragraph, the telecommunications operator will record the same on the wrecker log and call for service and enter the vehicle into TCIC. (b) Notices Mailed - It is the responsibility of the supervisor of the Records Division to have prepared the necessary number of copies of “Notice of Stored Vehicles” to: 1. Mail one copy to the registered owner within twenty-four (24) hours, using the name and address shown on the registration records. 2. Mail one copy to the lien holder (if any) within twenty-four (24) hours, using the name and address of the lien holder shown on the title records. 3. Deliver one copy to the officer storing the vehicle, using the most practical means under the circumstances. (c) It is the responsibility of the Records Division to note in the offense report the date when copies of the “Notice of Stored Vehicle” were mailed to the registered owner of the vehicle and the lien holder. (d) Response to Mail Notification - The Records Division will take the following action as required: 1. When the owner or lien holder contacts the Record Division seeking information, that person will be given information contained in the offense report that may relate to the vehicle. 2. When the owner or lien holder gives specific instructions for the disposition of the vehicle, this information will be given to the officer storing the vehicle by the most practical means.

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3. When the post office returns the owner’s copy of notification as unclaimed, it will be given to the officer storing the vehicle. 4. When the lien holder advises the lien has been released, the information will be given to the officer storing the vehicle. (e) Failure to Respond - when it becomes apparent that all efforts to locate the owner have failed, the officer storing the vehicle will advise the immediate supervisor of the facts and circumstances of the case and ask for further instructions. (f) Applications - These provisions are not intended to prohibit or eliminate the recording in the communications center information regarding the location of vehicles driven by persons placed in jail, wrecked vehicles, and the like. 14. Missing Children and Missing Persons Clearinghouse - The Missing Children and Missing Persons Clearinghouse has been established within the DPS. The Clearinghouse shall be used by all law enforcement agencies of the state and is a central repository of information on missing children and missing persons. (a) Upon receipt of information concerning missing children or missing persons, a message will be composed and transmitted by TLETS to the Missing Children and Missing Persons Clearinghouse. When composing such a message, it should contain as a minimum the following information: 1. Name, race, sex, and date of birth of missing person 2. Name and phone number of person submitting report 3. Name of agency from whose jurisdiction person is missing 4. Brief synopsis of circumstances (b) The person making report will be referred to CID and the Missing Persons Clearinghouse. The toll free number of the Missing Persons Clearinghouse (1-800-346-3243) will be furnished to the individual making the report. The Missing Persons Clearinghouse (MPCH) will be responsible for the follow-up. 15. Special Broadcasts - Telecommunications operators should take it upon themselves to prepare and send special broadcasts (written and/or verbal) that do not immediately require an officer’s intervention. Such broadcasts include but are not limited to: (a) Welfare concerns (b) Attempt to locates (c) Separated drivers (d) Critical information received from another agency (e) Reckless drivers (f) Alleged intoxicated drivers 16. Warrants, Bond, and Fines - In general, jailers or municipal court will handle warrant, bond, and fine paperwork. In the absence of jailers or municipal court or in the interest of expediency the following will apply:

COMMUNICATIONS

(a) SETCIC warrants for other agencies: 1. SETCIC warrants will be confirmed before an arrest is made on the charge. 2. The telecommunications operator will determine if the agency confirming the warrant is able to meet to receive the subject or if a “hold” will be sent authorizing this department to hold the subject for pick-up at a later time. 3. Persons held on SETCIC warrants may only be held for eight (8) hours by the arresting agency. At the expiration of 8 hours the subject will be released and a Teletype will be sent to the warrant agency advising of the release. (b) TCIC/NCIC warrant hits for other agencies 1. The arrestee will be transferred to the agency holding the warrant or brought to the Pearland jail. 2. Adjoining county warrant subjects may be transferred directly to the county or brought to the Pearland jail to be magistrated at the direction of the receiving agency. 3. Non-adjoining county warrant subjects must be magistrated prior to being transferred to the Brazoria County Jail. 4. If not retrieved by the warrant agency, the arrestee will be transferred to the Brazoria County Jail to await transfer to the agency holding the warrant. (c) Local Warrants (Class B and above) 1. The bonding agency will then take the form to the appropriate Sheriff’s office and the subject may be released upon receipt of a Teletype or previously approved message from the Sheriff’s office of a good bond. 2. The party making the bond will be escorted to the jail by a jailer or officer where the proper Brazoria, Harris, or Fort Bend County bond will be completed. 3. Subjects arrested on Class B misdemeanor charges and above will see the judge to have bond set. (d) Local Warrants 1. Bond may be made according to the bond schedule on local warrants. 2. The proper municipal bond form will be used (in numerical order). Bonds/ fines may only be paid to the department in the form of money orders. The on duty jailer verifies the amount of the money order and signs the bond attesting to the amount received. 3. Bonds/fines may only be paid to the department in the form of money orders. The on duty jailer verifies the amount of the money order and signs the bond attesting to the amount received. 4. The money order and copies of the bond form will be distributed according to established procedure.

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(e) Local Capias Pro Fine- a capias pro fine warrant requires that the person be brought before the judge. 1. If the subject cannot pay the fine upon arrest the subject will remain in jail until seen by the judge.No bond may be made on a capias pro fine. 2. If the subject can pay the fine, the proper receipt for capias pro fine will be issued. 3. Fines may only be paid in the form of a money order. The on duty jailer will verify the amount and secure the money order in an envelope. The on duty jailer will sign the receipt attesting to the amount received. The form will be forwarded to the releasing officer. 4. Copies of the bond form and money order will be disturbed according to established procedure. 5. No bond may be made on a capias. A capias pro fine is a demand for payment of the fine. (f) A fine receipt will be used for fine payments after the subject has seen the judge and a judgment has been rendered. (g) Any questions regarding these procedures should be directed to a jailer or court clerk. (h) Routine payment of tickets may be done following court procedure. (i) If another agency calls to confirm Pearland warrants, a Teletype will be sent as soon as possible. A copy of the Teletype will go in the sent file, and a copy of the warrant information from the municipal court computer system will be placed in the Warrant book. 17. Searches - once trained, female telecommunications operators may be called up to search female prisoners in the absence of a female officer or jailer. 18. All TCO’s are required to report to work on time. TCO’s are required to arrive ten (10) minutes before the beginning of their shift so that they have time to attend to personal tasks before taking over their duty station. This allows the person they are relieving to leave at the end of their shift. 19. Employees Reporting Ill – Any employee calling in ill to work must speak with a supervisor. This includes all civilian employees, records clerks, jailers, and telecommunication operators. These civilian employees must first talk to the Support Services Supervisor, or the Telecommunications Team Leader. If neither one is available then they must speak with an on duty patrol supervisor. Speaking only to the telecommunications operator on duty does not relieve the employee of this duty. 20. Employees Reporting Late – This chain of command also applies to any civilian employee who is going to be late for his/her shift. 21. Messages - Telecommunication operators will be diligent in taking and passing on messages to the appropriate personnel.

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22. Parolees - When a subject on parole is arrested, either the telecommunication operator or the jailer will leave a copy of the subject’s RAP sheet along with a notation of the arrest for CID. 23. Notary Public - All telecommunications operators will be bonded as Notary Publics for the State of Texas and will comply with all Attorney General rulings pertaining to notaries. Further, the notary public telecommunications operator will comply with the following: (a) Keep a notary log in compliance with Attorney General rulings. (b) Require that the person whose signature is being notarized: 1. Swear to the truthfulness of the document being signed. 2. Swear to the signature being his/her own. 3. Sign the document in front of the notary public. (c) Answer any subpoena pertaining to the notary log and notary activities. (d) Notify the city within 60 days of the expiration of the notary. (e) Surrender the notary log and seal to the District Clerk at such time that the seal will not be renewed. 24. Repossessions - repossessions will be accepted in person only. (a) The telecommunications operator will verify that the person repossessing the car has: 1. A valid driver’s license 2. A valid repossession order (any questions should be referred to a supervisor) (b) The repossession agent will fill out the appropriate paperwork, which will be filed. (c) Officers will generally not be assigned to assist with repossessions. (d) If the owner calls to report the vehicle missing, he/she will be advised to contact their lien holder.

TCIC / TLETS SYSTEM USAGE

801.1 PURPOSE The purpose of the Texas Crime Information Center (TCIC) and Texas Law Enforcement Telecommunications Systems (TLETS) Authorized Usage and Users policy is for all employees of the Pearland Police Department to be in compliance with the policies set forth by the Texas Department of Public Safety Crime Records Service and the FBI Criminal Justice Information Service for use and dissemination of information entered and derived from these systems.

801.2 DEFINITIONS A. CJIS – FBI Criminal Justice Information Service (CJIS) is the federal agency that over sees TLETS/NLETS and sets policy and security guidelines for its use. B. NCIC – The National Crime Information Center (NCIC) is a nationwide computerized information system established as a service to all criminal justice agencies – local, state, and federal. The goal of NCIC is to help the criminal justice community perform its duties by providing and maintaining a computerized filing system of accurate and timely documented criminal justice information. C. TAC – The Terminal Agency Coordinator (TAC) is responsible for ensuring compliance with TCIC/NCIC policy and acts as a liaison between the local agency and the Crime Records Service of the Texas DPS. The TAC for Pearland Police Department is the Support Services Supervisor. D. TCIC – The Texas Crime Information Center (TCIC) is located at the Texas Department of Public Safety (DPS) Headquarters in Austin, Texas. TCIC is a statewide computerized information system that operates under the same policies and goals as NCIC. E. TLETS – The Texas Law Enforcement Telecommunications System (TLETS) is a statewide telecommunications network that is composed of terminals/databases/ computer interfaces representing numerous city, county, state, federal, and military law enforcement and criminal justice agencies in Texas. This network is controlled by a computerized, electronic message switching system located in the Headquarters of the Texas Department of Public Safety in Austin. NLETS is the National Law Enforcement Telecommunications System and is a nationwide network.

801.3 PROCEDURES

801.3.1 SECURITY 1. The Communications Center, Records Division and Server Room must be kept locked to prevent access by unauthorized persons, and is off limits to all personnel except those authorized. 2. Authorized personnel shall conduct their business as quickly as possible and subsequently vacate these areas. 3. Noise in the Communications Center shall be kept to an absolute minimum.

TCIC / TLETS SYSTEM USAGE

4. Personnel authorized to enter these areas are: (a) Telecommunications Operators (b) Police Supervisors (c) Maintenance and Service Personnel (d) Police Officers/Civilian Jailers/Records Clerks conducting business.

801.3.2 TCIC GENERAL POLICIES 1. All communication operators will read and initial all CRNEWS and TLETS newsletters and all posted notices. A permanent file of these notices will be kept in the communications area for reference. 2. The teletype terminal will be kept secure at all times and access will be restricted to authorized personnel only. 3. All problems relating to TCIC/NCIC will be forwarded to the Terminal Agency Coordinator for resolution. 4. The Pearland Police Department’s participation in the TCIC/NCIC system is conditional upon the adherence to the policy as set out in the NCIC Operating Manual and applied through these guidelines. We are subject to audit by the DPS and/or FBI on a triennial basis for compliance to all TCIC/NCIC policies.

801.3.3 QUALITY CONTROL 1. DPS and FBI will send quality control messages when they find errors in our agency’s records. 2. Messages from DPS: (a) The communications operator on duty at the time that any of these messages are received will resolve the problem at the time if possible by checking the record and making the necessary corrections. The TCO will leave a copy of the error message for the Support Services Supervisor. If the operator cannot resolve the problem, he/she will send a message to DPS advising that we are looking into the problem and notify the supervisor of the problem. (b) If the records are correct, the communications operator will notify DPS that the records show the entry to be valid and forward all messages to the supervisor. 3. Messages from FBI/NCIC: (a) Error messages from the FBI will have “$.E” at the top of each message. The record will already have been canceled by FBI/NCIC. (b) The communications operator on duty at the time will try to resolve any serious error and re-enter the record if possible, and then pass the information on to the supervisor. (c) If the communications operator cannot resolve the problem, he/she will notify the Support Services Supervisor of the “$.E” message.

TCIC / TLETS SYSTEM USAGE

801.3.4 VALIDATIONS 1. Validations in General (a) Validations are an important part of every agency’s participation in TCIC/NCIC. (b) Every month the DPS will send a print out of one month of the records that need to be verified as accurate, valid and complete. (c) All records except Articles are validated sixty to ninety days after entry and annually thereafter. In this manner each record is validated once a year. 2. Validation (vehicle, boat, wanted or missing person entries) requires the entering agency to confirm the record is complete, accurate, and still outstanding or active. Validation is accomplished by reviewing the original entry and current supporting documents, and by recent consultation with any appropriate complainant, victim, prosecutor, court, motor vehicle registry files or other appropriate sources or individual. In the event the entering agency is unsuccessful in its attempts to contact the victim, complainant, etc., the entering authority must make a determination based on the best information and knowledge available whether or not to retain the original entry in the file. The established procedures must be formalized with copies on file for review during TCIC/NCIC audits. 3. Note that the annual re-contact procedure applies to records in the Wanted person, Protective Order Person, and Missing Person files. NCIC has advised that the re- contacting of prosecutors, courts, or other appropriate sources, or individuals does not have to be concurrent with the validation mailing. If you have a system that provides for re-contact within approximately 90 days after entry and annually thereafter, your department is within NCIC guidelines. There is no requirement that this “recent consultation” be by phone. You may use a system of written notification, if that would be more preferable. 4. Stolen Gun entries will remain on file regardless of whether contact is made with the original complainant. In cases where an insurance company has made payment on a vehicle and is now the owner of The vehicle, the vehicle may be reentered in the Stolen Vehicle file once the initial retention period has expired. 5. The Terminal Agency Coordinator will direct activities to accomplish the validation by the stated deadline. Validation is a high priority records-keeping control and all employees will assist the TAC as appropriate. 6. When our agency returns the Validation Certification to DPS each month we are confirming that the records contained in that months validation listing have been reviewed by our agency. The records which are no longer current have been removed from NCIC and all records remaining in the system are valid and active. All records contain all available information. The information contained in each of the records is accurate.

801.3.5 HIT CONFIRMATION 1. A TCIC/NCIC hit alone is not probable cause to arrest or seize property, but indicates that a stolen report, missing person report, or warrant, etc. may have been filed. A hit is only one element comprising sufficient legal grounds for probable cause to arrest

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or seize property. Correct TCIC/NCIC procedure requires the agency which placed the record in the file be contacted by the inquiring agency to confirm that the data is accurate and up-to-date. In some circumstances, the hit confirmed with the originating agency may be the major or only element necessary to detain or make an arrest. 2. Responsibilities during Hit Confirmation (a) During a Hit Confirmation, whether requesting it from another agency or providing it to another agency, the following must be accomplished: 1. Insure that the person or property inquired upon is identical to the person or property identified in the record. 2. Insure that the warrant or missing person report or theft report is still outstanding. 3. Obtain a decision regarding the extradition of the wanted person. 4. Obtain information regarding the return of the missing person to the appropriate authorities. 5. Obtain information regarding the return of stolen property to its rightful owner. (b) We will be especially careful to insure that the person or property in custody is the same as the person or property in the theft report or warrant, regardless of requesting the confirmation or replying to another agency’s request for confirmation on one of our records. 3. When asked for Confirmation on Our Records (a) The operator on duty will reply to all requests for hit confirmation within the time limit specified in the request. If he/she is unable to provide the positive or negative confirmation within that time, he/she will immediately send a message to the requesting agency giving them a specific amount of time needed to confirm or deny. (b) We will confirm all hits by reviewing the original case report or warrant accomplishing the five items stated above. (c) When sending a hit confirmation response on a wanted person record, request that the inquiring agency place a locate on our record. Do not remove our record from TCIC. Once the other agency has placed a Locate on the record, go into Omnixx to update our entry with the Detainer information. The inquiring agency needs to mark their locate with either DETN or EXTR in order for us to be able to attach the Detainer information. NOEX means that we will not extradite outside of our state so that should not be listed on the locate. DETN would be used if the agency holding the subject has charges as well as our charge. EXTR would be used if they are only being held on our charge and we are willing to transport the subject (within the state of Texas). (d) On all records confirmed update RMS and complete an Auto Theft/Runaway checklist for records.

TCIC / TLETS SYSTEM USAGE

4. When asking another agency for confirmation of one of their records it is the operator’s responsibility to: (a) Notify the officer of the hit and that confirmation is being requested and then send a message to the agency that made the entry and fully describe the person or property in custody. (b) The inquiring agency is responsible for determining the priority of the request (URGENT or ROUTINE). An URGENT priority request should be used when a substantive response is needed within ten minutes. A ROUTINE priority request should be used when a substantive response is needed within one hour. (c) If within the time limit specified in the first request, the entering agency does not provide positive confirmation, negative confirmation or the specific amount of time they need to confirm or deny, the operator will send another message requesting confirmation to the entering agency. The operator will enter the number two (2) in the request number field. This will cause the message to also be sent to the appropriate state CTA. (d) If within the time specified the second request, the agency does not provide the confirmation, the operator will send a message to the entering agency. The operator will enter the number three (3) in the request field. This will cause the message to also be sent to the appropriate state CTA and the FBI/NCIC in Washington, DC. 5. When asking another agency for confirmation of one of their records it is the Officer’s Responsibility to: (a) Understand the hit confirmation alone may not be probable cause to arrest. The hit confirmed with the originating agency is one factor to be added to other factors at the scene to arrive at an arrest decision. (b) Understand the hit confirmation process and that he/she is responsible for insuring that the person/property in custody is the same as the person/property of the record. 6. Obtain hit confirmation from the entering agency before taking any of the following actions on hits: (a) Arresting the wanted person (b) Detaining the missing person (c) Seizing the stolen property 7. NCIC guidelines describe hit confirmation over the teletype; however there is no NCIC requirement that hit confirmation is written. We will accept telephone hit confirmation only when teletype confirmation is impossible for some reason and then we will insist that the agency follow-up with teletype confirmation, when it becomes possible. 8. We will provide written confirmation to requesters whenever possible. If it is impossible for some reason, confirmation over the phone will be given and then follow-up with a teletype message when possible.

TCIC / TLETS SYSTEM USAGE

9. Under no circumstances will we allow a hit confirmation request to our agency to go unanswered.

801.3.6 RECORD ENTRY - PROPERTY 1. Records will be entered only when a valid theft report is on file or other TCIC/NCIC entry criteria are met. 2. The record will be entered as soon as possible after the theft report has been received. 3. It is the investigating officer’s responsibility to: (a) Make sure that an official theft report is made or other entry criteria are met. (b) Make sure all information in the theft report is accurate and all required information is included. (c) Provide the information to the communications operator as soon as possible. 4. It is the communications operator’s responsibility to: (a) Verify that the information meets TCIC/NCIC entry criteria. (b) Verify vehicle registration through DMV and boat registrations through the Parks and Wildlife Department. (c) Bring to the attention of the communications supervisor or officer requesting entry, any missing or incorrect data. Enter the record with the available information, if possible. (d) Double check the information on the screen before entry. (e) Record the entry in the proper file, including date, operator’s initials and hard copy of entry. (f) Return report file to officer or reports section. (g) All entries are to be checked by a second party for accuracy and completeness and signed by the second operator. 5. It is the communications supervisor’s responsibility to: (a) Verify the validity of the record. (b) Double check all data entered against the theft report. (c) Coordinate with the investigating officers on obtaining complete information when it is not included in the theft reports.

801.3.7 RECORD ENTRY - PERSONS 1. Records will be entered only when a valid warrant, protective order or missing person report is on file or other NCIC entry criteria are met. 2. The record will be entered as soon as possible after the warrant, protective order or missing person report has been received. 3. A Missing Person record can be entered if the entering agency has documentation supporting the missing status of the person. Federal and Texas law require that

TCIC / TLETS SYSTEM USAGE

missing persons under age 21 be entered within 2 hours of receiving the minimum data required for entry. 4. It is the investigating officer’s responsibility to: (a) Make sure that an official warrant is issued or missing person report is made. (b) Make sure all information in the warrant, protective order, or missing person report is accurate and all required information is included. (c) Obtain a forecast of extradition for wanted persons. (d) Provide the information to the communications operator as soon as possible. 5. It is the communications operator’s responsibility to: (a) Verify that the information in the warrant, protective order or missing person report meets TCIC/NCIC entry criteria. (b) Verify vehicle registrations through DMV and identification information through DL and CCH checks. Include in the entry alias information from DL and CCH returns, but only when there is a high degree of certainty that DL or CCH returns are for the subject of the warrant. (c) Bring to the attention of the communications supervisor or officer requesting entry any missing or incorrect data. Enter the record with available data, if possible. (d) Double check the information on the screen before entry. (e) Forward the hard copy of the record for inclusion in the proper case file. File a copy of the record in the correct location in communications including date, operator’s initials, and hard copy of entry acknowledgement. (f) Enter the wanted person record into NCIC. For Felony warrants select “4- Felony No Extradition”. For Misdemeanor warrants select “D-Misdemeanor No Extradition”. In the miscellaneous type “Transport Texas only”. (g) Enter the protective order person into TCIC and NCIC based on information obtained from the court. If the victim lives in Pearland we are responsible for making the entry. (h) All entries are to be checked by a second party and signed on the entry before filing in dispatch. (i) Date and initial warrant upon receipt in dispatch. 6. It is the communications supervisor’s responsibility to: (a) Verify the validity of the record. (b) Double check all data entered against the warrant or missing person report and DMV, DL, CCH checks. Insure that DL and CCH information was added as appropriate. This double checking includes verification that the wanted person was entered into TCIC and NCIC as appropriate according to the forecast of extradition.

TCIC / TLETS SYSTEM USAGE

801.3.8 HANDLING TLETS INFORMATION 1. Who can Request Information (a) Within the department, only commissioned officers and other authorized persons will be allowed to request teletype inquires of any kind. (b) Requests from outside the department will be honored when the identity of the requester can be verified as a commissioned officer or other authorized person (probation officer, parole officer, judge, etc.), who is making the request for a criminal justice purpose. Appropriate logging for CCH information, as indicated below is mandatory. 2. All authorized personnel are responsible for limiting their requests to official criminal justice purposes only. Criminal justice means the performance of any of the following activities: Detection, apprehension, detention, pre-trial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. 3. The Texas Department of Public Safety, Law Enforcement Support Division, Crime Records Service applies this policy uniformly for any data that is derived from the NLETS/TLETS network. This would include driver license, vehicle registration, warrant checks or computerized criminal history records.

801.3.9 CRIMINAL HISTORY INFORMATION 1. Criminal History Information is confidential and certain restrictions apply to the purposes for which it can be requested and how it can be disseminated. 2. Within the department, only commissioned officers and other authorized persons can request criminal history checks. These requests can be made through appropriate personnel. Requests from outside the department will be honored only when the requester can be verified as an authorized person as indicated in Part 10 of the NCIC Operating Manual, Who May Access Criminal History Data. Logging is mandatory. 3. Purposes for which CCH can be requested: (a) All requests must be for a criminal justice investigation or investigation of background of a criminal justice applicant (applicant at the police department, sheriff’s office or other criminal justice agency – not a non-criminal justice city or county office). It cannot be requested by anyone regardless of rank or status for any other purpose. (b) The telecommunication operator will report to his/her supervisor any CCH inquiries that he/she knows are for unauthorized use. 4. No one shall request inquiries for unauthorized purposes or persons. 5. Logging of CCH inquiries:

TCIC / TLETS SYSTEM USAGE

(a) Requesters must be properly identified in the REQUESTER or ATTENTION fields. You must use the title and full name of the requesting party in the REQ and ATN fields (Example: REQ/Officer Betty Rhodes, REQ/Chief Roy Davis, ATN/Officer Don Stone, or ATN/Neil Brooks DA). The preferable method is to use the title along with the first and last name. (b) If the requester is an authorized person from another agency or office, identify that person by name and the name of their agency or office in the REQ and ATN fields (Example: REQ/Officer Tim Moon Anywhere PD, ATN/DA James Woods). If you are authorized to use the other agency’s ORI, you must use their ORI instead of your own ORI. (c) The person actually operating the terminal must be properly identified in the OPR field. You cannot use first names only or initials or non-unique numbers. The preferable method is to use the first and last name of the person actually operating the TLETS terminal (Example: OPR/Vera Patterson, OPR/Norman Green). (d) All Omnixx operators should be consistent in identifying the REQUESTER, ATTENTION and OPERATOR fields using title and first and last name. (e) The telecommunications operator will utilize the Reason for Inquiry field on all Criminal History requests. The reason for the request needs to be stated, examples would be investigation, arrest, warrant, EPO entry, or traffic stop. The case or incident number should also be included for auditing purposes. (f) Each IQ, FQ, and AQ transactions must be logged manually in a written log in the Communications Division. (g) Manual logging of QH and QR transactions are optional but highly recommended. 6. Dissemination of CCH information: (a) The criminal history information obtained over the TLETS terminal will be given only to the person in the REQ, ATN or the written log. It can be passed to that person through an appropriate support person. (b) The officer receiving the information is responsible for keeping the printout secure and immediately returning it to the appropriate file or properly disposing of it by shredding. (c) If someone outside of the department needs a CCH printout, another CCH inquiry will be made because of the frequent updates/revisions to the NCIC III and TCIC CCH records. (d) We maintain an audit trail of the handling of the printout within the department by keeping it with the case file at all times or by disposing by shredding it immediately after its use when there is no case file. (e) Making the requester sign a manual log for the printout is optional but highly recommended. You must establish procedures for both the storage and destruction of received information.

TCIC / TLETS SYSTEM USAGE

7. Broadcasting of CCH information: (a) Criminal history data may be transmitted over any electronic device when an officer determines there is an immediate need for this information to further an investigation or there is a situation affecting the safety of an officer or the general public. (b) We will not indicate over the radio whether or not a subject has a criminal history in situations where the officer has not determined a need for the record information. 8. We will check for the criminal history on all alias names, dates of birth and identifying numbers that come to our attention for each subject. The responses that we receive over the TLETS terminal are possible identifications only; we will have to submit fingerprints to DPS to obtain positive identification. 9. Policy Violations – Department personnel violating TLETS/NLETS, TCIC/NCIC policies are subject to administrative and/or criminal sanctions based upon the severity of the violation and may lead to the following actions: (a) Written or verbal counseling, (b) Written or verbal reprimand, or, (c) Suspension, termination or prosecution under Government Code 411.085.

801.3.10 RECORD CANCELLATION AND CLEAR 1. It is the officer’s responsibility to: (a) Notify the communications division as soon as possible when the information becomes available indicating that a theft report or warrant was invalid. (b) Notify the communications division as soon as possible when the property of a theft report is recovered or a warrant is served, recalled or in any other manner becomes inactive. (c) Update the case files to indicate the status of the enclosed theft report or warrants. 2. It is the communication operator’s responsibility to: (a) Remove records from the file as soon as possible after being notified by an officer that the case has been cleared or that the record is invalid. Invalid records will be canceled with the X message key and recovered property/person records will be cleared by the C message key. (b) Complete the Auto Theft/Runaway checklist for the Record Division and attach the hard copy of the teletype return showing the cancel or clear for the record. Supplement the case in RMS with information on the recovery, including date, time, location and agency that made recovery. Contact complainant if necessary and document information in the supplement. (c) Be sure that the record(s) actually is cleared from the system(s), including TCIC and NCIC when the record is entered into both systems.

TCIC / TLETS SYSTEM USAGE

3. It is the communication supervisor’s responsibility to insure that the records are cleared from the systems in a timely manner with the proper message key.

801.3.11 RECORD LOCALE 1. After we have received hit confirmation from an agency on one of their records for the person or property that we have in custody, the communications operator will place a locate on that record, if it has not been cleared by the entering agency. 2. We will request Locates be placed on wanted person entries when another agency will be detaining a subject on our warrant.

801.3.12 ADMINISTRATIVE MESSAGE 1. These procedures are designed to promote uniformity and insure the effective and efficient use of the department’s communications systems. Conformation to these procedures is required of all communication personnel. All telecommunications operators will be familiar with the TLETS Operating Manual. 2. Message format is an established form of sending information from one agency to another or from one person to another. Use of proper message format in administrative messages is necessary to provide a standardized method for exchanging law enforcement and criminal justice information between the many agencies on the TLETS and NLETS systems. 3. Message format is divided into two different message types: (a) Formal Messages, and (b) Informal Messages 4. A formal message contains five distinct parts: (a) Preamble - The PREAMBLE consists of the agency's message number, name of agency, and the date. (b) Address (c) Reference (d) Text (e) Signature (f) Note that these five parts spell the words "PARTS". 5. An informal message does not include the preamble. 6. Pearland Police Department telecommunications operators will utilize the formal message type. It should be noted that all components of a formal message are used including a message number. The message numbers are maintained in a log located in the Dispatch Files Folder on the desktop. 7. All outgoing messages will be addressed so that the department also receives a copy of the message. All outgoing messages will be properly addressed so that they are routed to the intended agency. Telecommunication operators will not place a group address (HOG, REG2, etc.) when the message is only meant for a certain station(s).

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8. A copy of all sent messages will be filed. 9. A copy of all messages addressed to this station shall be filed. All messages from another agency to release a prisoner will be printed to the jail and a copy kept in the received file. 10. In the event of a regional message either received or sent, dealing with either people or property in our city a copy shall also be filed. If there is a warrant on file, a copy of the hold message will also be filed with the warrant as well. 11. Message Composition – The text of the message should be composed according to TLETS guidelines. Messages should be limited to ONLY essential and pertinent information and OMIT, without comment, items and information that are not known. (a) Descriptions of persons and vehicles required for entry and inquiry formats into computerized database systems are contained in the TCIC Operating Manual. (b) For purposes of message copy and broadcast, the following order will be used omitting items that are unknown or not applicable: 1. Persons i. Name ii. Race iii. Sex iv. DOB or age v. Height vi. Weight vii. Hair Color viii. Eye Color ix. Skin Tone (Complexion) x. Physical Imperfections xi. Clothing (Top to Bottom) xii. Other Pertinent Information such as weapons, or traits that may help identify the individual 2. Vehicles i. Color ii. Year iii. Make iv. Model v. Body style vi. License number (include year and state)

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vii. Vehicle identification number viii. Other identifying information (signs, damage, unusual markings, etc.). (c) Do not use words and phrases that contain no information, such as “BOLO”, “PICK UP AND HOLD”, “DETAIN FOR THIS DEPARTMENT” (d) Do not use courtesy phrases such as “THANK YOU IN ADVANCE”, “PLEASE”, “ALL HELP APPRECIATED” (e) Do not compose messages using borders, underlines and other symbols and extraneous characters such as: ********,!!!!!!!, ///////\\\\\\, etc. (f) Do not compose messages beginning with one or more lines of repeated statements such as: “RUNAWAY-RUNAWAY-RUNAWAY”. (g) Do not copy and paste information from registration, driver license or wanted/ missing person returns to admin messages. 12. Message Types- A message may be defined as an announcement or notice to agencies within a specific area. It may be in regards to some CRIMINAL ACT or any matter concerning OFFICIAL POLICE BUSINESS that is of interest to agencies other than the originator. The object of these messages is to bring the information to the immediate attention of the agencies concerned. (a) Criminal Messages- These messages are used to share information on major crimes that have just occurred. Major crimes include murder, arson, rape, kidnapping, escaped felons, robbery, etc. We will send these types of messages to surrounding agencies using HOG broadcast code as soon as we have basic information regarding the crime. The administrative message on a major crime should include, in order, the following information in the text: (1) type of offense, (2) time and place of occurrence, (3) warrant number and extradition information (if out of state), (4) name and description of wanted person(s). (if more than one suspect, each should be listed as 1,2, etc.) (5) mode and direction of travel (6) other pertinent information. Omit, without comment, items that are unknown, and avoid the use of slang and racial/ethnic terms. (b) Runaway Messages- Messages on runaways should be handled by a local broadcast message or directed to the area in which the runaway is believed to be going. The messages should contain the following information: (1) name and age, (2) physical description, (3) mode and direction of travel, (if unknown, omit) (4) any other pertinent information that could be used to locate subject, (5) disposition of runaway if apprehended; such as, “parent will pick-up” or “hold for Juvenile Officer”, etc. They should be entered into TCIC/NCIC. (c) Missing Person Messages-This type of broadcast should normally be confined to the area the person is reported missing from. This type of message is used when a person is missing a reasonable amount of time without reason, there is evidence of foul play, or the person is mentally or physically incapable. The message should contain the following information: (1) date, time and location last

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seen, (2) name and age/DOB, (3) physical description, (4) vehicle description, or mode of travel, (5) brief summary of circumstances surrounding disappearance. (d) Attempt to Locate Messages-This type of message is used after it has been determined that the complainant has made every effort to contact the person(s) by telephone or other readily available means. This type of message is used for “public service”, meaning the person is NOT wanted/stolen, missing or a runaway. Reasons for using this type of message would be to make notification of death or serious illness in the immediate family, delivery of an emergency message, urgent police business such as locating a witness to a crime, or overdue/separated motorists and welfare concerns. 13. Dispatch will send out administrative messages on major crimes that have just occurred as soon as the basic information is received. This includes, but is not limited to Robberies, BMV, Burglaries, and Thefts. Messages should be sent out on all stolen vehicles, runaways and missing persons. These teletypes should then be forwarded to on duty units in an MCT message and via email to the rest of the police department.

801.3.13 PROTECTIVE ORDERS 1. A protective order is commonly referred to as a “P.O.” and has an expiration date 2 years from the date of issue. An emergency protective order is commonly referred to as an “E.P.O” and normally has an expiration date of 31 to 91 days from the date of issue. Protective Orders are usually issued out of a county court and Emergency Protective Orders are usually issued by a Justice of the Peace following a family violence arrest. Responsibility for entering a protective order is based on the location of the victim’s residence. 2. Protective Orders are to be entered upon receipt, according to guidelines found in the current edition of the NCIC operating manual. 3. An informational TCIC/NCIC entry sheet should accompany the order and is a tool to assist with identifying information on persons listed on the order. 4. Prior to entering the protective order the respondent should be run for driver license, id card and criminal history to obtain all possible identifiers for inclusion in the entry. The protected person must also be checked to verify their information for entry. 5. All entries are to be checked by another operator upon completion. 6. Protective Orders are filed in dispatch. Emergency Protective Orders and Protective Orders are filed in separate manila folders. 7. Protective Orders received in the mail must be entered if the protected person lives in the City limits of Pearland. 8. Protective Orders that list place of employment or school for protected person in Pearland should have a calls for service created using the Pearland address. The names of all persons on the order and the expiration date should be included.

Chapter 9 - Jail Operations

JAIL PROCEDURES

900.1 PURPOSE The following jail operations procedure has been developed with the intent of providing a set of guidelines for Pearland Police Department personnel. These procedures should be utilized during daily management and operations of the Pearland City Jail.

900.2 DEFINITIONS A. Bail - The amount of money necessary for a person to pay in order to secure the release of a prisoner from custody. B. Booking Officer - The classified police officer or civilian jailer tasked with the booking or release of any prisoner. C. Bond Out - The act of posting/paying the correct amount of bail money necessary to get a prisoner released from jail. D. Holding Facility - The part of the police building commonly referred to as the jail; it is the area where prisoners are processed and housed while in Pearland Police custody. E. Jailer - The civilian personnel classification for those persons trained, qualified and assigned to work in the jail and process prisoners. Any police officer assigned to perform a task or function in the jail. F. Jail Division Coordinator - The civilian jail supervisor assigned to oversee jail operations. G. Prisoner - Any person who is being held in the custody of the Pearland Police Department and/or within the confines of the city jail.

900.3 PROCEDURES

900.3.1 ORGANIZATION, MANAGEMENT, AND ADMINISTRATION (a) Chain of Command - The chain of command shall begin with the highest in command and descend to the lowest. the chain of command for jail operations shall be as follows: (a) Chief of Police (b) Assistant Chief of Police (c) Support Services Commander (d) Jail Division Coordinator/Patrol Supervisor on Duty (b) General Responsibilities of the Jail Division Coordinator (a) To develop, refine and monitor procedures within the jail section with the intention of providing quality detention care in a practical, secure, legal, and efficient manner. (b) To maintain a working knowledge of Federal and State laws, municipal ordinances, and court procedures relating to the jail section.

JAIL PROCEDURES

900.3.2 BOOKING PROCEDURES (a) Responsibilities of arresting officer. (a) The arresting officer shall complete a physical search of prisoners in his custody and their property before bringing them into the jail facility. (a) The officer shall secure the prisoner in handcuffs prior to escorting him/ her into the jail facility. (b) If the prisoner cannot be handcuffed and is accommodated in accordance with GO 400.04 Transportation in Police Vehicles, (V)(E), the transport officer shall request that the booking officer meet him in the sally port before the prisoner is removed from the police vehicle. The prisoner shall be searched in the sally port with a metal detector prior to the officer securing his firearm. (b) At the time of arrest the officer shall take all reasonable steps to insure the security of the prisoner’s personal property. As soon as practical the arresting must notify the on duty supervisor of the loss or claimed loss of any prisoner’s property. (c) The arresting officer shall document in a notarized affidavit the charge, the elements of the offense, and probable cause for the arrest. (d) The arresting officer shall advise the patrol supervisor of any of the following: (a) Any injuries sustained or illness requiring emergency medical treatment claimed by the prisoner during arrest and transport. (b) Any unusual situation regarding the prisoner or the arrest. (e) The arresting officer shall advise the booking officer or make arrangements if the prisoner is to be separate from other prisoners or of any need to use extra caution in the handling of the prisoner. (f) The arresting officer shall not leave the jail facility until the booking has been completed or until released by the booking officer. (g) If there is no booking officer/jailer on duty, the transporting officer shall complete the responsibilities of the booking officer. (b) Responsibilities of booking officer. (a) Upon receiving a prisoner for booking the booking officer shall thoroughly search each prisoner manually and with a metal detector prior to removing the prisoner’s handcuffs. (b) Complete all booking paperwork. Fingerprint and photograph the prisoner. (c) All monies in the prisoner’s property shall be counted in the presence of the prisoner and placed in a sealed envelope initialed by the booking officer and a

JAIL PROCEDURES

witness. If the prisoner is impaired or uncooperative, it will be sufficient for the booking officer and a witness to verify the count of monies. (d) Each individual prisoner’s property shall be secured in a separate locker. (e) Complete risk assessment of prisoner. (a) Ask prisoner if he has, or has recently had, any type of illness or injury; (b) Ask if the prisoner takes any prescribed medications or drugs of any type; (c) Observe state of consciousness and mental status, asking the prisoner if he is suicidal. (d) If the prisoner gives an affirmative answer to any of the questions, or if the booking officer notices any of the above conditions to be present, the booking officer shall complete the appropriate section of the police blotter or directly enter the information into the booking computer. (f) If the booking officer believes that the prisoner is in need of immediate medical attention, he shall notify a supervisor and request Pearland EMS. (g) May make available a reasonable amount of time for the incoming prisoner to make phone calls. Phone calls should be permitted as soon as practical upon completion of the booking process. (h) If the prisoner is highly intoxicated and difficult to handle, or if the prisoner is belligerent and/or uncooperative, the booking officer may place the prisoner in a cell without completing booking. The officer MUST leave written notification in a conspicuous area of the prisoner’s file indicating required information and the reason it was not obtained. All required booking information, fingerprint and photograph must be obtained prior to release. (i) Inspect the jail cell for cleanliness, weapons and contraband prior to placing the prisoner in the cell. (c) Arrest of Handicappd Person (a) Upon arrest of a handicapped person, the arresting officer shall notify the on- duty supervisor of the handicap. (b) The on-duty supervisor shall determine whether or not the Pearland jail facility is adequately equipped to house the subject. If the facility is inadequate the supervisor will either arrange for release of the prisoner on personal recognizance bond or arrange for transfer to the appropriate county facility. (d) Fingerprint and Photograph Procedures (a) All persons booked into the Pearland city jail shall be fingerprinted in the manner that each charge against them dictates before they may be released. (b) The manner and method of taking fingerprints will be dictated by the available technology. This same technology will dictate the number and type of print cards that will be produced for the different categories of offenses. (c) The officer or jailer taking the prints and the prisoner being printed must sign and date the print cards, if applicable.

JAIL PROCEDURES

(d) All persons booked into the Pearland city jail shall be photographed before they are released from custody. (e) Courtesy Detention Services (a) When the prisoner of another agency is held in the Pearland City Jail while the transferring officer conducts business elsewhere and no Pearland arrest or charge is involved, the prisoner will be booked in to document the detention. (b) The jail will not be used to provide housing accommodation for indigent and/or ‘sleepers’. (f) Extra Detention Facilities (a) In the event that officers make a group arrest that exceeds that the maximum capacity of the holding facility, arrangements will be made by the on-duty supervisor with another facility to temporarily incarcerate the overload. (b) The arresting officer will assist in the booking of prisoners at the assisting agency until released by that agency’s booking officer.

900.3.3 SEARCH PROCEDURES (a) Searches (a) All persons taken into custody by the Pearland Police Department and their property will be searched for weapons and contraband by the arresting officer prior to entering the holding facility. (b) Once inside the booking area, the booking officer shall search the prisoner and his/her property. The booking officer shall wear protective gloves when conducting searches. (c) A metal scanner shall be used to assist in searches, however will not be the only method of search. (d) Searches shall be conducted before removing restraints from prisoners. (e) Any time a prisoner is removed from his cell, he should be searched before being returned to the cell barring exigent circumstances. (b) Searching prisoners of the opposite sex. (a) All female prisoners will be searched by a female employee. (b) A male prisoner may be frisked by a female employee. If necessary, a male employee shall be summoned to assist the search of a male prisoner by a female employee. (c) Both male and female prisoners may be searched by both male and female employees using the metal scanner, as there is no bodily contact during the scanning procedure. (c) Shake-down searches will be conducted when a police officer or jailer has reason to believe contraband has been smuggled into the jail. The following procedure shall be used to conduct shake-down searches:

JAIL PROCEDURES

(a) There shall be at least two (2) police officers or jailers present during such searches. (b) The officers or jailers shall take all prisoners out of their cells and search them thoroughly before placing them in a cell that has also been thoroughly searched, keeping male and female prisoners separate. (c) If strip searches are required, refer to V., C., (4) below. (d) After the cell has been emptied, the officers or jailers shall search the cells for contraband. (e) At the conclusion of the searches, prisoners may be returned to their original cell. (d) Strip Searches may be required when police officers or jailers have reasonable suspicion to believe that the prisoner(s) may be concealing weapons, drugs, or other contraband. (a) A supervisor must approve all strip searches. (b) Under no circumstances will a strip search be administered as a disciplinary measure. (c) There shall be at least two (2) jailers or officers present during a strip search. (d) Prisoners will only be strip searched by employees of the same sex. At times when a second officer of the same sex is unavailable, employees of the same sex will conduct the strip search while a second officer waits outside the room within earshot. (e) Strip searches will be conducted outside the view of any other person or camera.

900.3.4 RELEASE PROCEDURES (a) Insufficiency of Charges. (a) When further investigation into an offense reveals evidence will not support the charges, the charges may be dropped by with approval of a supervisor. (b) The jailer should show on the Arrest Report that charges were not filed and the name of the supervisor who authorized the release. (b) Release on Class C Misdemeanor charges - Persons accused of Class C Misdemeanor offenses shall be released from custody by one of the following means: (a) Payment of the regular fine amount in United States currency or in a manner established by the Municipal Court. (b) Service of time as established by the magistrate. (c) Payment of a preset fine/bond except in cases of assault and family violence. Prisoners shall be magistrated before release in cases of family violence and assault. (d) Upon authorization of a magistrate. (c) Release on Class A or B Misdemeanor and Felonies.

JAIL PROCEDURES

(a) Upon receipt of a Writ of Habeas Corpus release order signed by a County Deputy Sheriff the prisoner shall be released from custody. The jailer should attach a copy of the release to the Arrest Report. (b) Once a bond has been set, the prisoner may arrange for bond to be posted. (c) Bonds for Class A or B Misdemeanors and all Felonies can only be posted through the County Sheriff’s Office accepting the bond. (a) Upon receipt of a bond, county jail staff will send a Teletype to PPD Dispatch authorizing the release of the prisoner. (b) Upon receipt of a Teletype it shall be placed in the arrest folder and the prisoner may be released. (d) Prisoners may be released upon authorization of a magistrate. (d) Prisoner Release (a) Once the necessary paperwork for a particular prisoner’s release has been obtained, the following procedure should be followed for the physical release of the prisoner: 1. The releasing jailer or officer will remove the prisoner from the cell and inspect the cell for any damage and/or any property left by the prisoner. i. Trash will be placed in a proper receptacle. ii. Contraband and Criminal Mischief will be addressed with an offense report and the filing of additional charges. iii. Prisoners will place soiled blankets in the location specified by the releasing jailer or officer. 2. The releasing jailer or officer will return all of the prisoner’s personal property, except that which has been placed in evidence. i. The prisoner will sign for all money and property upon its return at the time of release. ii. Any discrepancy will be noted on the Arrest Report and an offense report will be generated noting the time the prisoner brought in, who placed the property in the bag, who verified the property log, the location of the property lock box and the names of all persons in the area. The prisoner will be searched for the property. The report and any evidence will be forwarded to the Assistant Chief of Police. 3. The releasing jailer or officer shall complete the releasing information on the Arrest Report. It is the releasing jailer or officer’s responsibility to ensure that all money has been collected for said fines or bonds prior to placing his signature on the Arrest Report. 4. The releasing Jailer or officer will insure that the prisoner has been fingerprinted and photographed.

JAIL PROCEDURES

5. The releasing jailer or officer shall make a positive identification on the prisoner before custody is relinquished. 6. The jailer or officer shall not release prisoners from the jail area through the interior of the building.. (b) When a prisoner is to be transferred to Brazoria County Jail, the following information must accompany the prisoner: (a) A copy of the Arrest Report. (b) The commitment. (c) A copy of any Teletype printout for out of county or out-of-state warrants. (d) Fugitive from justice commitment and probable cause for out of state warrants with the required Brazoria County Fugitive from Justice Notice Form, if applicable. (c) Prisoner release to another agency (a) Advise agency that the prisoner is ready to be picked up. (b) Indicate on Arrest report the number called, person contacted, and the date and time of the call. (c) When released, the releasing officer or jailer shall indicate on the Arrest report the name of the officer receiving custody and the time of transfer.

900.3.5 SUBSECTION TITLE

Chapter 10 - Animal Services

IMPOUNDING CRUELLY TREATED ANIMALS

1000.1 PURPOSE The primary concern of the Pearland Police Department with regard to the enforcement of animal neglect and cruelty statutes is to bring violators in line with state and local ordinances and insure the wellbeing of any involved animal. The Department will work cooperatively with animal owners to accomplish this goal when appropriate. However, in those cases where the neglect and/or cruelty rises to a sufficient level, or when the animal owner has failed or ceased to cooperate with the Department, the Department will proceed with the civil seizure of animals and criminal prosecution of the animal owners.

1000.2 DEFINITIONS None

1000.3 PROCEDURES

1000.3.1 CIVIL SEIZURES 1. Civil seizures should be the first course of action in an animal cruelty/neglect prosecution. Texas Health and Safety Code Section 82022 provides for time frames for the resolution of such seizures that are more expedient than those provided for in criminal statutes. 2. When the alleged animal cruelty or neglect rises to the level that a civil seizure should occur, Animal Services should be contacted and the Humane Officer should complete the following: (a) Complete a report in the Chameleon system (b) Review the case with a representative from the city Legal Department to insure sufficient reasonable suspicion exists to move forward. (c) Coordinate with a detective from Criminal Investigations assigned to jointly monitor the case for criminal prosecution. (d) Complete the “Affidavit for Seizure of Animals” and the “Warrant for Seizure” forms and submit them to the appropriate justice court. (Forms are attached to this policy). 3. If the warrant is signed by an appropriate magistrate, the Humane Officer will request a uniformed Patrol Officer to accompany them on the seizure for security purposes only. 4. Once the animals are seized, they will be housed by the Animal Services section as per standing procedure until the outcome of the civil proceedings.

1000.3.2 CRIMINAL INVESTIGATION 1. Once the Criminal Investigations Division is notified under section (A) above, an investigator will be assigned to complete an animal cruelty investigation concurrently with the civil seizure.

IMPOUNDING CRUELLY TREATED ANIMALS

2. The following steps should be included in that investigation (a) Contact the District Attorney’s office of jurisdiction and review the case with them to insure sufficient probable cause exists to proceed with a prosecution. (b) Apply for a search warrant to be served concurrently with the civil Warrant for Seizure of Animals detailed in section A, if possible. (c) Crime Scene units should accompany the assigned investigator and Humane Officer to the location in order to process the scene. (d) The investigator should attend any hearings in the civil proceeding. Statements made by the animal owner in such hearings may be used in any criminal proceeding. The investigator should be present to determine if such statements would be beneficial to the case.

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. IMPOUNDING CRUELLY TREATED Published with permission by Pearland Police Department ANIMALS - 459 Policy Pearland Police Department 1001 Policy Manual

EUTHANASIA

1001.1 PURPOSE It is the goal of the Pearland Police Department to reduce euthanasia in our Animal Shelter and Adoption Center and to only euthanize animals when deemed necessary. We acknowledge that the euthanasia of a healthy and treatable animal is a sad responsibility of our organization and the act of euthanasia is a difficult one for our employees. At other times, euthanasia is the final act of kindness which can be shown to an animal. The decision to euthanize will never be taken lightly and all animals selected for euthanasia will be treated with respect and sensitivity.

1001.2 DEFINITIONS A. Feral – A domestic feline that comes in with eyes dilated; crouched in the furthest area of the kennel, trap or carrier; frozen during the day, destructive at night; enters the shelter in a trap; intact or ear-tipped; resistant to human contact; no identification; explosive activity only when touch is attempted or when cat loose; little or no vocalization. While a non-feral cat may enter a shelter displaying some of these points, a feral cat will generally display most of these conditions. (ASPCA of Texas). B. Unhealthy and Untreatable - The term “unhealthy and untreatable” means and includes all dogs and cats who, at or subsequent to the time they are taken into possession: 1. have a behavioral or temperamental characteristic that poses a health or safety risk or otherwise makes the animal unsuitable for placement as a pet, and are not likely to become “healthy” or “treatable” even if provided the care typically provided to pets by reasonable and caring pet owners/guardians in the community; or 2. are suffering from a disease, injury, or congenital or hereditary condition that adversely affects the animal’s health or is likely to adversely affect the animal’s health in the future, and are not likely to become “healthy” or “treatable” even if provided the care typically provided to pets by reasonable and caring pet owners/ guardians in the community; or 3. are under the age of eight weeks and are not likely to become “healthy” or “treatable” even if provided the care typically provided to pets by reasonable and caring pet owners/guardians in the community (Asilomar Accords shelteranimalscount.org).

1001.3 PROCEDURES

1001.3.1 SELECTION OF ANIMALS IN THE SHELTER TO BE EUTHANIZED 1. The final decision to euthanize any animal will be made by the Animal Services Manager or his/her designee. 2. While comments and questions from uninvolved employees and volunteers are understandable, they may be insensitive to those involved in the euthanasia

EUTHANASIA

process. As such, staff should refrain from discussing or debating a decision to euthanize once the final decision to do so has been made by the Manager. An employee who believes euthanasia was unnecessary may direct this belief up the chain of command to the Manager’s supervisor. 3. Each animal entering the shelter will be evaluated on health, behavioral, and adoptability issues. 4. Euthanasia may be administered in the below cases prior to the expiration of the 72- hour holding period: (a) When an animal is unhealthy and untreatable, in the opinion of the Animal Services Manager or their designee. (b) When a feline is determined to be feral. (c) When required by order of the courts. 5. Following the 72-hour holding period, euthanasia may be performed in the following cases: (a) When dictated by the health, age, history, or adoptability of the animal. (b) Based on the space and resources of the shelter to keep and care for the animal.

1001.3.2 EUTHANASIA PROTOCOL 1. Euthanasia will only be performed by or in the presence of licensed veterinarians or those staff members holding a Certified Euthanasia Technician (CET) certification. 2. Euthanasia shall take place out of public view and the view of other animals. 3. Euthanasia of all animals requires the presence of two staff members, unless exigent circumstances exist. 4. Prior to euthanizing an animal: (a) Verify there are no adoption or foster applications for the animal. (b) Check the animal’s description against lost animal reports. (c) Verify the animal selected matches its kennel card and animal ID number. (d) Scan the animal for microchips, be mindful a microchip can migrate and therefore an entire body scan should be performed when practical. (e) Staff shall check for any identifying tattoo. At a minimum, the abdomen, inner thigh, and inside ear flaps shall be checked. (f) If discrepancies exist, the animal shall not be euthanized, and the staff member shall notify an Animal Services supervisor as soon as possible. 5. Muzzles shall be used on all canines for employee and animal safety. 6. Bitches and Dams should be euthanized prior to puppies or kittens to reduce the stress on the mothers. 7. For fractious or injured animals, a sedative shall be administered prior to euthanasia. The sedative, Xylazine, is stored in the Euthanasia Box.

EUTHANASIA

(a) Correct initial dosage is 0.5ml if the animal weighs less than 25 pounds, 1.0ml for animals weighing 25 pounds or more. (b) Xylazine should be administered intramuscularly (IM) in the back, leg muscle. (c) The medication should take effect in 5-10 minutes. (d) Xylazine is the primary sedative used at the shelter, other sedatives may be used based on availability. All medications shall be used as recommended by the contract veterinarian. (e) Sodium Pentobarbital is the medication used for euthanasia. 1. For intravenous (IV) use, the correct dosage is 1ml/10lbs body weight. 2. For intracardiac (IC) use, the correct dosage is 1ml/10lbs of body weight. All animals shall be sedated prior to IC euthanasia. 3. For intraperitoneal (IP) use, the correct dosage is 3ml/10lbs of body weight.

1001.3.3 POST PROCEDURE 1. A staff member shall always stay with the animal until death is confirmed. Confirmation may be obtained from listening for heartbeats or respirations with a stethoscope or by a noted lack of pupil reflexes. 2. For DEA compliance, the following information must be documented in the computer system for each euthanasia procedure: (a) Name and badge number of all staff participating in the procedure. (b) Date and time of the procedure. (c) Amount of Xylazine, other sedative, and Sodium Pentobarbital used. 3. The Euthanasia Box shall be restocked after each use. It should contain: (a) 1 bottle of Sodium Pentobarbital (b) 1 bottle of Xylazine (c) 22, 20, 19, 18, and 15-gauge needles (d) 3 and 5 cc syringes (e) Microchip scanner.

1001.3.4 EXIGENT FIELD EUTHANASIA 1. When a domesticated animal is contacted in the field and is obviously suffering due to injury or illness, the responding Animal Control Officer may make the decision to euthanize the animal. All attempts to identify the animal’s owner as listed in section B(4) above shall be undertaken, unless the exigencies of the situation make such attempts impossible.

EUTHANASIA

1001.3.5 SPECIES OTHER THAN DOGS AND CATS 1. All species other than dogs and cats will be euthanized in compliance with guidelines provided by the contract veterinarian.

Chapter 11 - Equipment, Facilities, & Financial

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. Equipment, Facilities, & Financial - 464 Published with permission by Pearland Police Department Policy Pearland Police Department 1100 Policy Manual

UNIFORM AND APPAREL

1100.1 PURPOSE The purpose of this policy is to establish a consistent and professional appearance standard for all personnel of the Pearland Police Department in the wearing of uniform and non-uniform dress. The uniformed officer is the most visible and recognizable representative of the department and City of Pearland. Public cooperation and confidence in the department and its members is often judged by the first contact, either positively or negatively. It is imperative that all members of the Pearland Police Department present a neat, clean, and well-groomed appearance by adhering to the standards found within this directive. (RP 2.13)

1100.2 DEFINITIONS None

1100.3 PROCEDURES

1100.3.1 WEARING OF THE UNIFORM 1. The uniform shall always be worn during duty hours, unless otherwise directed. 2. The uniform shall be worn on other occasions as may be required by other directives or approved by the Chief of Police. 3. The uniform (nor portions of the uniform that identify the wearer as an employee of the department) shall not be worn while performing any personal undertaking or activity that would detract from the dignity of the uniform; nor shall it be worn contrary to any other departmental directive. 4. The uniform shall be worn in its entirety when performing approved extra-duty employment unless specifically exempted by the Extra Job Reviewer (see policy 208 Police Related Extra Duty Employment). 5. At all times, the uniform shall be clean, neatly pressed and in good repair. Leather and brass articles shall be clean and polished. 6. Employees may only wear an authorized duty belt and accessories. Duty belt and accessories shall be in plain black finish unless the specified finish is not available for the item. When practical, the accessories must be made of the same material as the belt itself. An exception must be approved by the Chief of Police or his designee. 7. The cap or hat, when worn, is positioned squarely on the head. The front cap frame will rest approximately 1/2” above the eyebrows on the forehead 8. The shirt is tucked neatly into the pants. Long sleeves will be fully extended and buttoned at the cuff. Short sleeve shirts are worn with only the top buttoned unfastened. The shirt pockets should not be so filled as to create a bulged appearance. Sleeves and pants shall not be “rolled”. Shirt Tuck 9. The tie, when worn, will be the clip-on type as issued or the women’s cross over for female employees who desire that style.

UNIFORM AND APPAREL

10. The trousers are fitted so that when the employee stands at attention, the rear of the pant leg touches approximately 1" above where the heel is attached to the shoe/boot. Pant Hem Front , Pant Hem Rear 11. The socks are black or dark blue in color for those members wearing low-quarter shoes. 12. Pins, insignias, buttons, or other miscellaneous items not specifically issued or authorized by the department are not worn or attached to any portion of the uniform. Jewelry will not be worn that could present a safety hazard.

1100.3.2 REGULATION UNIFORM ITEMS 1. The issue of all department furnished uniform items listed in this order are based upon available budget resources. 2. Each Telecommunications Operator may be issued and will be required to maintain the following: (a) Full-time TCO 1. Polo style shirts (4) (b) Part-time TCO 1. Polo style shirts (2) 3. Each Jailer may be issued and will be required to maintain the following: (a) Class A Long Sleeve Shirt (1) (b) Polo style shirts (3) (c) Trousers (3) (d) Uniform Tie, clip-on (or women’s crossover uniform tie) (1) (e) Name Plate (1) (f) Jailer Breast Badge (1) (g) Winter Coat or Light Weight Jacket (1) (h) Approved belt and cuff cases 4. Each sworn police officer may be issued and will be required to maintain the following: (a) Long Sleeve Shirts (3) (b) Short Sleeve Shirts (3) (c) Trousers (3) (d) Police Hat (1) (e) Police Cap (baseball type) (1) (f) Uniform Tie, clip-on (or women’s crossover uniform tie) (1) (g) Hat Badge (1) (h) Breast Badge (1)

UNIFORM AND APPAREL

(i) Collar Brass (P.D.) (1 set) (j) Name Plate (1) (k) Winter Coat or Light Weight Jacket (1) (l) Rain Gear (1 set) (m) Rank Insignia (n) Duty belt, duty holster, (2) duty handcuff cases, duty ammunition magazine pouch, and Radio Holder (o) Reflective Vests 1. A department issued reflective vest will be worn whenever an officer is directing traffic, at a collision scene on a public road, or is directly exposed to vehicular traffic for an extended period. 5. Each Animal Control Officer and Animal Shelter Attendant may be issued and will be required to maintain the following: (a) Full-time Employee 1. Polo style shirts (5) 2. Trousers (5) 3. Winter Coat or Light Weight Jacket (1) 4. Cap 5. Black duty boots (due to the nature of the work) 6. Belt (b) Part-time Employee 1. Polo style shirts (3) 2. Trousers (3) 6. The Department shall issue each officer a protective vest (with cover). All members of the Pearland Police Department who have been issued protective vests by the department shall always be required to wear the vests while in uniform in the public (including in the police vehicle) or in the presence of the public. Rifle Plate Vests should be worn on occasion of an advanced threat where rifles or explosives are known to be present. (a) All soft body armor issued by the department must comply with the current minimum protective standards prescribed by the National Institute of Justice. Body armor will be replaced by the department at intervals recommended by the manufacturer. (b) Body armor that shows premature wear or failure of any kind before the expiration of the replacement period recommended by the NIJ shall be replaced by the agency. Body armor that must be replaced due to misuse or abuse by the officer shall be paid for by the officer.

UNIFORM AND APPAREL

(c) Dirt and perspiration may erode ballistic panels; therefore, each officer shall be responsible for cleaning assigned body armor in accordance with the manufacturer’s instructions. (d) When wearing the Alternative Class B Uniform officers shall wear the external vest carrier snugly against the body. 7. Additional equipment, such as department-approved insignia (FTO pins, Fitness Award pins, etc.) may be issued as available or requested. 8. If issued equipment or uniforms become unserviceable due to damage the officer should report this to the Quartermaster as soon as possible. The officer will be required to bring in items for an exchange. 9. The department may issue additional uniform apparel from time to time or set a uniform allowance for each fiscal year. Uniform allowances shall be set by the Chief of Police for each assignment within the department. 10. The following sworn personnel assignments are eligible for clothing allowances: (a) Chief of Police (b) Assistant Chief of Police (c) Captain (d) All CID personnel who have supervisory or detective assignments (e) Professional Standards personnel (f) Public Information Officers (g) Administrative Services supervisors (excluding SRO supervisory personnel) 11. The following non-sworn personnel assignments are eligible for clothing allowances: (a) Civilian Crime Scene Technician

1100.3.3 PERSONAL ITEMS REQUIRED 1. The following items are required; however, they are of such a nature that they must be procured at each member’s personal expense. (a) Weapon(s) – Weapon(s) shall meet specifications of 501 Firearms. (b) Handcuffs and Key - Officers must have two (2) sets of handcuffs. The handcuffs should be manufactured to high standards to insure the safety of all personnel (Ex.: Smith & Wesson, Peerless, or American Munitions Company). All handcuffs should be able to be opened and double locked by handcuff keys compatible with Smith & Wesson standard handcuffs. (c) Timepiece - A reliable and accurate time piece should always be worn or on person while on duty. (d) Pen and Note Pad - All officers are required to carry a pen and note pad for collection of information and completing reports. The pen should write with black ink.

UNIFORM AND APPAREL

(e) Footwear - Regulation duty uniform shoes of the department shall be black in color and must present a neat, polished appearance always. 1. The shoes shall be black leather or leather type and may be athletic- style shoes, however athletic shoes shall not be made of a cloth material and should be free of ornate stitching or perforation and not possess any buckle or other such ornamentation. 2. Dress shoes or active-wear shoes are permissible. Socks for low-quarter shoes shall be plain black or dark blue and shall be worn in such a manner as to give a neat appearance. 3. Western-style boots are permissible with the following specifications: i. Boots will have a round, square, or broad square toe. No pointed toes are permitted. Boots will have a “walking heel” or “low squared off heel” and will be of the “Wellington”, “Roper” or similar type. ii. The tops of the boots should be of enough height as to not allow pant cuffs to fall inside boots. iii. As with shoes, the boots must be black and have no ornate stitching. (f) Gloves and beanies - Members of the Pearland Police Department may wear plain black or navy-blue gloves or beanies when the weather or circumstances warrant.

1100.3.4 ADDITIONAL REGULATIONS 1. Uniform Positioning of Leather Gear: (a) The duty belt is worn horizontally at the waist with the excess and loop toward the weak side. If fastened with a buckle, the buckle is worn in the military “gig line” position. (The gig line is the vertical line created by the buttoned shirt and the trouser zipper.) Duty Gear Positioning (Gig Line) (b) The holster is worn on the strong side (right hip for right shooter, left hip for left shooter) in the most comfortable position for the officer. (c) The ammunition magazine carrier is positioned between the holster and the belt buckle (or where the buckle would normally be) or between the buckle and the weak side of the duty belt. (d) The radio holder is worn on the hip opposite the holster. (e) Any baton, Taser, or pepper spray carried, will be worn in a manner not to impede access. The handcuff case(s), flashlight holders, and the belt keepers (if worn) may be arranged in a position that is most convenient for the officer. 2. Jewelry or other accessories will not be worn on the uniform unless approved by the Chief. No insignia, pins, or other ornamentation will be worn unless approved by this policy or the Chief of Police.

UNIFORM AND APPAREL

3. Officers may carry a whistle or wear a whistle and chain combination. If such a combination is worn, it shall be on the right side with the epaulet button securing the end of the chain and the whistle inside the right pocket.

1100.3.5 UNIFORM ACCESSORIES 1. Badge (a) Employees issued badges will only wear the badge issued by the Pearland Police Department. The wearing of any other badges will require written approval of the Chief of Police. (b) The metal breast badge will be worn on the uniform shirt or external vest carrier in the tabs specified for this purpose. (c) A cloth-patch badge will be worn on the outermost garment of light and heavyweight jackets or approved uniform shirts. (d) No member is authorized to purchase a personal badge, or replica badge, without written permission of the Chief of Police. 2. Hat badges shall be affixed to the police hat in a manner using the appropriate tabs. 3. Name Plates and Approved Insignia Nameplate and Insignia Positioning (a) Nameplates will be worn on the shirt, centered above the right pocket, with the bottom of the plate along the top horizontal pocket edge. (b) Approved uniform insignia (FTO pins, Intoxilyzer Operator pins, etc.) will be worn centered above the nameplate with the bottom of the insignia along the top edge of the nameplate. (c) No more than two approved uniform insignia shall be worn above the nameplate. (d) Specialized unit insignia will be worn centered no more than one inch above other approved uniform insignia. 4. Department Shoulder Patch Shoulder Patch Positioning (a) Will be worn on both sleeves of all issued or approved shirts and cold weather jackets and coats. (b) On coats and jackets, the patch should be centered on the sleeve approximately 1" below the shoulder seam. 5. Rank Insignia (a) Sergeants 1. On long sleeve garments the point of a Sergeant patch will be approximately 1/2" below and centered on the department shoulder patch. 2. On short sleeve shirts, the point of a Sergeant patch will be approximately ½” below and centered on the shoulder patch but may also touch the shoulder patch.

UNIFORM AND APPAREL

3. Sergeant rank insignias will be the type issued by the department and will be worn with the center point up. One chevron will be worn on each sleeve of shirt, jackets, or coats. (b) Lieutenants shall wear one gold tone bar (approximately 1" x 1/4") on each side of the collar of the uniform shirt. Lieutenant bars will be worn with the long axis of the bars parallel to the front edge of the collar, with the outer edge of the insignia one (1) inch from the bottom of the collar and centered. Lieutenant's Collar Brass (c) Captains shall wear two gold tone bars (approximately 1" x 1") on each side of the collar of the uniform shirt. Captain bars will be worn with the long axis of the bars parallel to the front edge of the collar, with the outer edge of the insignia one (1) inch from the bottom of the collar and centered. Captain's Collar Brass (d) Assistant Chiefs shall wear three gold stars on each side of the collar of the uniform shirt. Assistant Chief Stars will be worn along the collar stitching approximately one (1) inch up from the collar point. Asst. Chief's Collar Brass (e) The Chief shall wear four gold tone stars on each side of the collar of the uniform shirt. Chief Stars will be worn along the collar stitching approximately one (1) inch up from the collar point. (f) On the outside jackets or coats, Lieutenants, Captains, Assistant Chief, and Chief shall wear their appropriate metal bar(s) / stars on each shoulder epaulet as on the uniform shirt. 6. Collar brass worn by Uniform personnel shall be “P.D.” in a silver-tone finish for officers and gold-tone finish for supervisors. Collar brass will be worn along the bottom edge of the collar approximately one inch from the collar point. Collar brass shall match the type of badge that is worn. Collar brass and badge should either be all metal or embroidery. Officer Collar Pin 7. Service Length Insignia - Each insignia will equal five years of full-time service as a commissioned State or Federal peace officer. Service time prior to this agency will not be considered for service length insignia until the officer has served with the Pearland Police Department for five years. Prior service as a reserve, part-time, or military police officer will not be counted towards the years of full-time service. The Service Insignia shall be sewn to the lower front of the left sleeve. The stripes shall be at a 45-degree angle with the lower edge of the sleeve, placed towards the outside of the sleeve, and even with the sleeve’s inside crease. The lower corner of the stripe shall be one inch above the upper seam of the sleeve cuff. Additional stripe patches shall be sewn in the same manner in a vertically stacked arrangement. Service Hash Marks 8. Mourning Band Protocol (a) Approved Mourning Bands will be worn straight across the badge, and will include one of the following style bands: 1. Solid black fabric band; Solid Black Mourning Band 2. Solid black fabric band with a thin blue line through the center, Thin Blue Line Mourning Band

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3. Black fabric band with purple trim border and gold lettering of the words “NEMO ME IMPUNE LACESSIT”, Nemo Me Impune Lacessit Mourning Band 4. No vinyl or adhesive shall be worn on badges at any time, or 5. Metal Morning bands may be worn over cloth badges when appropriate. (b) Mourning Bands shall be worn on a Law Enforcement badge only in the following circumstances: 1. Upon the Line of Duty death of an active Pearland Police Officer, to be worn until 2400 hours on the 30th day following the Line of Duty Death. 2. Upon the Line of Duty death of an active Law Enforcement Officer from any Texas agency, to be worn until 2400 hours on the day of the conclusion of the funeral. 3. When attending the funeral of an active or retired Law Enforcement Officer as a result of a Non-Line of Duty Death, to be removed after completion of the funeral.

4. National Peace Officers Memorial Week (Calendar week of May 15th – Sunday through Saturday) 5. For the entirety of the day of any Department memorial service held honoring Pearland Police Officers who have died in the line of duty.

6. For the entirety of the day of September 11th each year. 7. At the direction of the Chief of Police. (c) An approved “Thin Blue Line” pin is authorized for continuous wear above the officer’s nametag in honor of fallen officers at the officer’s discretion. This may be worn in lieu of one of the approved uniform insignia. Thin Blue Line Pin

1100.3.6 UNIFORM CLASSIFICATIONS 1. Police Command Uniform (Dress) (a) White police hat with badge (Not Cap) (b) Navy blue single-breasted dress coat with gold-tone metal buttons (c) Long sleeve white shirt (d) Navy blue uniform tie (or women’s cross over tie) (e) Navy blue trousers (f) Approved black concealable holster (g) Approved black shoes or boots 2. Police Officer Class A (Dress) (a) Navy blue police hat with badge (Not Cap) Formal Hat Front View , Formal Hat Side View

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(b) Navy blue long sleeve shirt (c) Department issued protective vest (Optional for ceremonial events: awards banquet, retirement, new hire swear-in) (d) Navy blue uniform tie, clip-on (or women’s cross over tie) (e) Navy blue trousers (f) Approved black shoes or boots (g) Approved leather gear 3. Police Officer Standard Class B Uniform (a) Navy blue police cap (Optional) (b) Navy blue long or short sleeve uniform shirt (c) Department issued protective vest in concealable carrier (Not Optional) (d) Navy blue trousers (e) Navy blue winter coat or jacket (If Necessary) (f) Approved black shoes or boots (g) Approved leather gear 4. Police Officer Alternative Class B Uniform, same as above, except: (a) Navy blue long or short sleeve breathable shirt (b) Department issued protective vest in external carrier (Not Optional). Employee may choose to have the lettering POLICE silk screened/embroidered as approved on the back of the external carrier. 5. Jailer Class A Uniform (a) Maya blue long sleeve uniform shirt (b) Navy blue trousers (c) Approved black belt (d) Approved black shoes or boots 6. Jailer Class B Uniform (a) Gray polo style shirt (b) Navy blue trousers (c) Approved duty belt (d) Approved black shoes or boots 7. TCO Uniform (a) Approved color polo style Shirt (b) Black trousers (TCO’s choice, not denim or Capri)

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(c) Approved black shoes or boots 8. Activity Uniform - The Chief of Police may authorize certain other uniforms for special assignments or activities. This may include such apparel as overalls/jumpsuits, fatigues, honor guard etc. Such attire may not be worn, unless approved by the Chief of Police.

1100.3.7 LOAD BEARING VESTS The Department recognizes the need for officers to maintain a level of comfort and physical health when wearing the required equipment while in uniform. Officers are permitted to wear an authorized Load Bearing Vest (LBV) and accessories while in uniform. Officers may obtain information about authorized LBVs from the Quartermaster. 1. Only the authorized LBV and accessories will be worn while in uniform. The list of the authorized LBV and accessories can be obtained from the Quartermaster. 2. The following items will remain on the duty belt while wearing an LBV: Duty Weapon (a) Handgun in compliance with department policy. (b) Holster - Holsters must be department approved holsters and will be worn on the side of the shooting hand with the butt of the pistol toward the rear. Information on approved holsters can be found with the Training Coordinator 3. The following items may be worn on the duty belt or LBV: (a) Ammunition magazines and holders. (b) OC canister and holder- Only approved chemical agents will be worn as outlined in 500 Intermediate Weapons. (c) Expandable baton and holder - Only approved batons will be worn as outlined in 500 Intermediate Weapons. (d) Handcuff case- Minimum of one (1), maximum of two (2). Handcuff locking mechanisms will be operable with a universal size key. 1. Portable radio and holder. 2. Flashlight and holder. 3. Tourniquet 4. Electro-Muscular Disruption Device (TASER) in department approved holster.

1100.3.8 MODIFICATION OF THE UNIFORM 1. No employee shall wear any jacket, cap, pant, shirt, badge, or any other accessory that has not been specifically approved by this Order, or in writing by the Chief of Police. 2. No employee may obtain Department Patches or insignia for the purpose of placing such on unauthorized apparel. The Department will strive to make the uniforms of all its members of the same rank or position consistent.

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1100.3.9 PERSONAL APPEARANCE 1. Unless otherwise allowed because of a special assignment, every member must present a neat, clean, and professional appearance always. 2. Hair - All members of the Department will keep their hair neat, clear trimmed, and present a groomed professional appearance. (a) All male members will confine the length of their hair to the top of the shirt collar. Female officers will wear their hair in a manner that will keep it off the shoulders. (b) Hair in front of the head will not extend below the horizontal middle of the forehead. (c) Hair should not present a bunched or flared appearance at the back of the head when headgear is worn. (d) Hair by its length or bulk will not be worn as to interfere with the proper wearing of the regulation hat or cap. (e) No member of the Department shall wear hair in a style that would not meet contemporary community standards as interpreted by the Chief of Police. 3. Facial Hair (a) All beards and goatees shall be kept clean and fully grown with no patches or designs. Beards and goatees will be worn with a mustache and employees will be clean shaven other than the allowed facial hair. Beard and goatee hair shall not exceed one-half inch, as it lays from the skin of the face. Beards shall be trimmed above the neckline and the neck must remain clean shaven. Employees choosing to wear a beard or goatee shall begin growth during their time off and shall not report for duty with less than three days growth, constant stubble is not acceptable. Sideburns may extend no lower than the lowest tip of the earlobe, will be even width, and will end with a clear shaven horizontal line. (b) Mustaches will be neatly trimmed to extend no more than 3/4" beyond the outer corners of the mouth, nor below the top line of the upper lip, nor below the outer corners of the mouth, unless meeting a beard or goatee. 4. Physical Hygiene (a) All members of the Department shall exercise good bodily hygiene and cleanliness by frequent bathing. (b) Fingernails will be clean and neatly trimmed. Nails should not be of a length that would interfere with the efficient operation of police equipment. (c) Facial make-up and/or coloring, when used, should be subdued and moderate in tones and application. 5. Jewelry, Piercings, Tattoos, and Brands (a) If a tie is required in uniform, a conservative tie clasp or pin may be worn. 1. Officer: Silver-tone 2. Supervisor: Gold-tone

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(b) Only conservative jewelry limited to watches and conservative finger rings will be worn while in uniform. (c) Female uniformed personnel may wear small stud earrings, if they so desire, but shall refrain from wearing dangling or hoop- style earrings. Male police officers shall not wear earrings. (d) No visible facial piercings, oral piercings, tongue splits (bifurcation/forking), pierced plugs (gauges/ tunnels), ornamental sub dermal implants, teeth “grills” or “fangs”, or body modifications that detract from the professional appearance of the department are permitted. (e) Tattoos and branding: 1. Tattoos or brands that are prejudicial to good order are prohibited. Additionally, while on or off duty in uniform or on duty in civilian attire, employees are prohibited from exhibiting tattoos, body art, or brands that are offensive or demeaning to persons of ordinary sensibilities. This policy may be rescinded or modified at any time by the Chief of Police or his designee. 2. The following tattoos, body art, and brands are prejudicial to good order and are prohibited for all employees, regardless of visibility: sexist, racist, vulgar, derogatory, anti-American, anti-social, gang-related or extremist- group or extremist-organization related. The Chief of Police shall have final determination on the offensiveness of a tattoo. 3. Officers are prohibited from having tattoos on any part of the hands, neck, face, head, eyelids, mouth, and ears. A single “ring” tattoo is permissible on the left ring finger. Cosmetic makeup tattooing, such as applied for eyeliner, lipstick, and eyebrows are acceptable. 4. The department reserves the right to require employees to conceal their tattoos, body art, or brands if deemed necessary to comport with evolving community standards, attitudes, or beliefs. This policy and its exceptions do not grant permanent approval to display any tattoos, body art, or brands subsequently deemed unacceptable for display and employees may be required to cover them at any time.

1100.3.10 CIVILIAN NON-UNIFORM PERSONNEL 1. Clothing will be business or business casual and conform to community standards. All civilian personnel will wear acceptable attire, if uniforms are not furnished or if an employee has the approval of a supervisor not to wear a furnished uniform. Community standards and acceptable business attire will be governed by the City of Pearland Dress Code (see appropriate section of the City of Pearland Employee Handbook for current standards).

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1100.3.11 PLAIN CLOTHES DRESS REGULATIONS - SWORN OFFICERS 1. Police officers permitted to wear civilian clothing while on duty will conform to the Personal Appearance policy of the City of Pearland employee manual. Exceptions to this regulation will be at the discretion of the Division Commander. 2. The Division Commander may permit the wearing of other types of clothing that may be needed to accomplish police objectives. 3. Personnel involved in the execution of high-risk tactical duties are required to wear body armor whenever discharging those responsibilities. 4. The police badge will be worn in a conspicuous location. 5. Officers in civilian dress who respond to situations that require immediate visual recognition as a police officer will wear a police jacket or tactical vest with clearly visible “POLICE” placards to aid with identification. 6. Location of badges and duty weapons may be altered as needed by the situation as approved by a commanding officer. 7. Shoes or boots compatible with attire will be worn. Footwear will be clean, polished and in good repair. 8. Police personnel will conceal their firearms and badges when not dressed for duty. 9. Officers may be exempted from these regulations by the Division Commander based on their assignment.

1100.3.12 COURT APPEARANCES 1. Sworn Personnel (a) Federal, State, County, Grand Jury, Probate, & depositions related to any of these courts: 1. CID and administrative personnel may wear either a suit or equivalent (jacket/tie for men/jacket for women) or class A uniform 2. Sworn personnel assigned to uniformed positions should wear a class A uniform, however this may be exempted by a Division Commander. (b) Municipal, Justice of the Peace, and ALR hearings: 1. Sworn personnel may wear their normal work attire. 2. Non-Sworn Personnel (a) Federal, State, County, Grand Jury, Probate, & depositions related to any of these courts: 1. If the employee receives a clothing allowance, they must wear a suit or equivalent (jacket/tie for men/jacket for women). 2. Other non-sworn personnel should wear professional business clothing (suit preferred) or may wear an assigned uniform. If wearing a uniform, non-sworn personnel shall wear their class A version, if one is assigned.

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(b) Municipal, Justice of the Peace, and ALR hearings: 1. Non-sworn personnel may wear their normal work attire.

POLICE UTILITY KNIFE

1101.1 PURPOSE The purpose of this policy is to provide guidelines on the selection of departmentally approved police duty knives, knives an officer may carry, and how and when knives may be carried and used in order to increase officer safety, affect positive public perception, and further reduce departmental liability.

1101.2 DEFINITIONS A. Police Utility Knife – There are two types of knives which can be categorized as a police utility knife; a fixed blade (fixed blade with fixed handle) and a folding knife (blade mechanically folds into the handle). The folding knife is commonly referred to as a pocketknife.

1101.3 PROCEDURES

1101.3.1 AUTHORIZED USE 1. This department recognizes the need for its officers to be properly equipped to handle a wide variety of duty responsibilities. Officers may carry police utility knives as authorized by this policy and consistent with their duty assignment. 2. The police utility knife is intended solely for the purpose of carrying out the general duties and designated specialized assignments of police operations.

1101.3.2 AUTHORIZED BLADES AND CARRY REQUIREMENTS 1. Police utility knives shall have blades which do not exceed five and one-half (5.5) inches in length as measured from tip to handle. 2. Police utility knives shall be secured in either a scabbard (for fixed blades) or folded and secured to insure officer safety, knife retention, and concealment. The blade and any securing device shall be carried in the least obtrusive manner possible and consistent with the officer’s duty assignment or tactical deployment. 3. A police officer who chooses to carry a police utility knife is responsible for the maintenance, safe storage, and use of his/her knife.

1101.3.3 COMPLIANCE AND SAFE HANDLING 1. Compliance – All police utility knives carried by department personnel shall comply with state law and methods of carry and concealment are subject to the approval of supervisory personnel. 2. Safe Handling – Officers shall handle the police utility knife in an appropriate and safe manner to insure the safety of themselves, their fellow officers, and the general public. Officers shall not exhibit or handle the knife in a careless or alarming manner. An on- duty injury from a knife shall be reported to an on-duty supervisor.

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1101.3.4 PROHIBITED USES 1. Officers shall not: (a) Display a knife in any offensive or threatening manner without legitimate operational justification. (b) Display a blade, other than an authorized deployment situation. (c) Carry a knife into a jail/custodial facility, except when needed for rescue, suicide prevention, or other exigent circumstance. 2. Use as a weapon (a) The police utility knife is not intended for use as a weapon. However, it may be used in a defensive capacity under exigent circumstances when deadly force would otherwise be authorized. Use of the police utility knife as a weapon will be handled as a deadly use of force pursuant to policies 502 De-escalation & Use of Force and 503 Deadly Force Incidents.

1101.3.5 SPECIAL USE KNIVES 1. The Chief may approve the use or carrying of knives outside of these directives for special deployment purposes such as SWAT or High-Water Rescue.

VIDEO CAMERAS

1102.1 PURPOSE The purpose of this policy is to provide Pearland Police Department employees with guidelines for the use, management, storage and retrieval of audio-visual media recorded by video camera systems. The use of video camera systems provides persuasive documentary evidence and helps defend against civil litigation and allegations of officer misconduct. Officers assigned the use of these devices shall adhere to the operation objectives and protocols outlined herein so as to maximize the effectiveness and utility of the video cameras and the integrity of evidence and related video documentation.

1102.2 DEFINITIONS A. Body Worn Camera (BWC) – A recording device that is capable of recording, or transmitting to be recorded remotely, video or audio; and worn on the person of a peace officer, which includes being attached to the officer’s clothing, worn as glasses or worn in any other manner on the body. B. Mobile Video Recorder (MVR)/ In-Car Camera System - These terms are synonymous and refer to any system that captures audio and/or video signals and can be installed in a vehicle. Systems typically include a camera, microphone, recorder and monitor. C. Recorded Media – Audio and/or video signals recorded on any media storage device. This includes analog tapes, (VHS, SVHS, Hi 8mm), digital tape (DV) or other portable digital storage devices (CD, DVD, hard drive, etc.). D. Video Camera – Any camera system capable of making a video recording including devices such as In-Car Camera System/Mobile Video Recorder (MVR) and body worn camera systems. E. Video Camera Activation – When a video camera is actively recording an incident, normally this requires some sort of starting or triggering event (such as pressing a button or police lights being activated) and specifically does not include a video camera unit simply being powered on, which may be “background recording” or “pre-event recording”. F. Video Camera Technicians – Personnel trained in the operational use and repair of department issued video camera systems, duplicating methods, storage and retrieval methods and procedures or who possess a working.

1102.3 PROCEDURES

1102.3.1 PROGRAM OBJECTIVES The agency has adopted the use of video camera to accomplish the following objectives: 1. To enhance officer safety. 2. To accurately capture statements and events during the course of an incident.

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3. To enhance the officer’s ability to document and review statements and actions for both internal reporting requirements and for courtroom preparation /presentation. 4. To provide an impartial measurement for self-critique and field evaluation for recurring and new officer training. 5. To capture visual and audio information for use in current and future investigations. 6. To provide public accountability. 7. To reduce complaints and resolve officer-involved incidents.

1102.3.2 INSTALLATION GUIDELINES FOR MOBILE VIDEO RECORDERS 1. It shall be the responsibility of the department to insure that the MVR equipment is properly installed according to the manufacturer’s recommendations, when necessary. 2. MVR equipment shall be configured to automatically record when overhead emergency lighting or a wireless transmitter is activated. The system is also configured to activate manually from the control panel affixed to the interior of the vehicle. 3. Placement and operation of MVR system components within the vehicle shall be based on officer safety requirements.

1102.3.3 OFFICERS' RESPONSIBILITIES 1. All officers shall familiarize themselves with the functions of any assigned video camera system either through the successful completion of an approved course of instruction or through informal training conducted by experienced users prior to being deployed with the video camera system in operational settings. Exceptions are made for departmental testing of proposed equipment. 2. Video camera equipment shall be operated in accordance with departmental training and policies. 3. Inspection and general maintenance of MVR equipment installed in departmental vehicles shall be the responsibility of the officer(s) assigned to the vehicle or those using the vehicle on a temporary basis. At the beginning of each pay period, each officer using a vehicle with an MVR shall perform an inspection to insure that the MVR is functioning properly. Specific items of inspection include: (a) Remote transmitter functioning and connected to the recording equipment (b) Adequate power source/battery for remote transmitter (c) Remote activation of system via transmitter (d) Windshield and camera lens free of debris (e) Camera facing intended direction (f) Recording mechanism capturing both audio and video information (g) System plays back both audio and video tracks. 4. At the beginning of each tour of duty/shift, a police officer shall perform an inspection to insure that any departmental issued body worn camera is operational.

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5. Malfunctions, damage or theft of video camera equipment shall be reported to the on-duty supervisor. Written notification shall also be made to the video camera technician and the officer’s immediate supervisor via e-mail and include information on the suspected cause(s) of equipment failure, as available, and any recommendations for corrective action. The on-duty supervisor shall determine if the unit shall be placed in service for the tour. 6. While in the police uniform or performing a police function, whether on-duty or working an approved off-duty employment, if an officer is assigned a video camera they will use it in accordance with this policy.

1102.3.4 RECORDING 1. No officer shall be required to activate his/her assigned video camera system(s) for an entire tour of duty/shift. An officer shall only activate a video camera for a law enforcement purpose. 2. No department employee shall utilize video cameras or audio recorders for the purpose of recording other City of Pearland personnel, other agency law enforcement or public officials unless in the furtherance of an officially sanctioned investigation or law enforcement purpose pursuant to this policy. An officer conducting an officially sanctioned investigation or law enforcement purpose, will notify any of the above group members that they are actively recording the interaction. An exception to this may only be made by an officer the rank of Captain or higher and only when necessary. This policy does not mean that upon the arrival of a police service call that an officer must take measures to notify these persons that they are recording. The intent of this policy is to prevent secretive recordings of members of these groups during casual encounters in order to provide an atmosphere where people can speak without the feeling they are being recorded. 3. All officers operating a vehicle equipped with a mobile video recording camera will insure the camera is powered on while the vehicle is in operation, excluding the time it takes to power on. All officers who are equipped with a body worn camera, will insure the units are powered on during their tour of duty/shift, unless otherwise specified. Body worn cameras may be powered off while at the police station, while charging or at other times permitted by this policy. Officers should be cognizant of the need to turn body worn cameras on for incidents in the jail or lobby. Officers are not permitted to power off the cameras while sitting in a city vehicle, unless the need has arose to charge the device. It should not be routine to power off body worn cameras units during the shift. The intent of this subsection is that body worn cameras are powered on while officers are performing their duties in the public and are ready to activate should a situation arise. 4. All officers will insure that video camera(s) are activated with the video and audio of all of their assigned video camera system(s) at all incidents in which an offense report or incident number is likely to be issued or created pursuant to the incident. This requirement pertains to all personnel at the scene, including the primary, back-up and supervisory personnel. The requirement to activate recording specifically does not include interactions which are of a casual nature, such as chatting with the public, attending community meetings, stopping at a convenience store, getting a cup of

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coffee, out at meal break or other such types of contacts. The intent is to a system(s) is activated, officers shall insure that the audio portion is activated so all events are properly documented. All of the audio between the officer and any citizen shall be recorded. Exceptions to actively recording should be considered carefully by the officer and must insure that they are meeting the intent of the department objectives and policies. An officer who stops a recording of audio and/or video, must be able to articulate a reason for doing so in line with the objectives of this policy. Discretionary exceptions may include, but are not limited to: (a) Discussions between the officer and other officers, supervisors or prosecuting attorneys when the conversations involve tactics or legal matters during a police incident. (b) Interviews with non-confrontational crime victims or witnesses when a suspect is not present and the need to stop recording furthers a law enforcement objective. Examples may include a witness who does not want to be seen as a cooperating witness, a victim who will not talk about a sexual assault on camera or a victim who fears retaliation if their identity is disclosed. (c) Areas where the location itself should be questioned on the need to record, such as inside a hospital (where other patients may be on camera), nursing homes (where other residents may be visible), restroom facilities, schools (where non- involved juveniles are present), day cares, a morgue or locker room during times the officer is not currently and actively involved in an action in which the video recording is pertinent to the case. While the officer need not shut off the recording, the choice to do so should be weighed with the incident being handled. Officers shall not shut off the video cameras while actively engaged with a suspect or a confrontational person. (d) Overly lengthy recordings in which the officer is not gathering actual evidence or taking an active part in an investigation. Examples could include an officer who is directing traffic at a crash scene, an officer assigned to provide security at a house while evidence is gathered inside by others or an officer who is holding an outside perimeter traffic control position. 5. A police officer who is equipped with a video camera system and who does not activate the camera as required by this policy, must include in the incident or offense report the reason for not activating the camera system. An officer who shuts off the recording of a camera and who is still interacting with a witness or victim, must document the reason either in the offense report or may state the reason on camera prior to shutting off the recording. 6. Since body worn cameras have the ability to record pre-event video, police officers must take precautions to insure that accidental recordings are not made in locations where there is a high likelihood of expected privacy. Examples may include public restrooms, locker areas and dressing rooms when it is not an issue of police action. To achieve these objectives, examples of permissible actions can include: the officer putting the camera in their pocket, powering the camera off, putting their hand over the lens or leaving it in a safe location while in these areas.

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7. Officers should not purposefully record within their own homes (except when testing the system), the homes of fellow employees, court hearings or during staff, roll call, personnel or other similar types of meetings, unless there is a legitimate law enforcement purpose such as a call for service or police action required. Officers should be aware of and take precautions to avoid recording the screen of a cellphone when dialing/answering and the CJIS or other information displayed on a departmental computer. Officers may cover the lens during these times in order to prevent the camera from visually recording this information. 8. If an officer is involved in a shooting, other deadly use of force, or an incident in which the officer will potentially be investigated criminally, after the scene has stabilized, the supervisor on scene will have the involved officer(s) shut off their cameras and preserve any evidence. The involved officer(s) may specifically make a request to the supervisor to shut off their video camera systems. The supervisor should seize the involved officer(s) body cam. The involved officer(s) should be cognizant that other officers will still be recording and further take measures to insure that no privileged communications are recorded (such as with the involved officer(s) attorney).

1102.3.5 OPERATIONAL PROTOCOLS 1. Officers shall insure that the MVR system is powered on anytime that the vehicle is being operated during operation. 2. Officers should review the recordings when preparing written reports of events to help insure accuracy and consistency of accounts. 3. With the exception of police radios, officers should insure that the volume from other electronic devices within the police vehicle does not interfere with video camera audio recordings. 4. Officers shall not erase, alter, reuse, modify or tamper with video camera recordings. Only a supervisor or video camera technician may erase and reissue such media and will only do so pursuant to a court order, at the conclusion of all disciplinary proceedings or when the video is no longer required to be retained. 5. To prevent damage, original recordings shall not be viewed in any equipment other than the equipment issued or authorized by the video camera technician. 6. Video camera recordings held as evidence shall be so marked and submitted to the evidence system to be held and/or duplicated for criminal prosecution when they record any of the following: (a) Arrests for any felony offense, (b) Arrests for any class A or B misdemeanor, (c) Any incident requiring a Use of Force report, (d) Any incident in which the content of the video would be beneficial to an investigation or the department to keep longer than 90 days. 7. The officer is to insure that recorded video/audio is uploaded to the storage server in a timely manner, but not later than before going on their days off. If the video is captured during their days off, then at the next work day or sooner as required by a supervisor.

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1102.3.6 SUPERVISOR'S RESPONSIBILITIES 1. When an incident arises that requires the immediate retrieval of the recorded media, such as serious crime scenes, departmental shootings, etc., a supervisor shall respond to the scene and insure that the appropriate video camera technician or crime scene investigator retrieves the recorded media. The technician or investigator shall then provide copies to authorized investigative personnel and place the media into evidence. 2. Supervisors who are informed or otherwise become aware of malfunctioning equipment shall insure that authorized personnel are notified. 3. Supervisors shall conduct periodic reviews of officer’s recorded media: (a) To assess officer performance, (b) To insure proper functioning of video camera equipment, (c) To determine if video camera equipment is being operated properly, or (d) To identify recordings that may be appropriate for training. 4. Supervisors should conduct reviews of personnel who are newly assigned to their shift or newly assigned video camera equipment to insure compliance with departmental policy. 5. Minor infractions of departmental policies or officer safety issues discovered during the routine review of recorded material should be utilized as training opportunities, not disciplinary actions. 6. Behavior or actions that display a habitual or willful disregard for department policies and procedures or officer safety practices will be investigated for the appropriate disciplinary or corrective measures. 7. The department will insure that all police officers and employees who are using or routinely coming into contact with a departmental body worn camera and/or the video or audio of the body worn camera have completed a training course as described by Occupations Code 1701.656. 8. Supervisors who review reports and supplements are responsible to make sure that personnel are entering video/audio evidence when applicable, prior to approving the report/supplement.

1102.3.7 TECHNICIAN'S RESPONSIBILITIES 1. A video camera technician shall be responsible for management of the video system and shall insure that: (a) The storage location is secure and prohibits unauthorized access; and (b) All appropriate entries are made in the chain of custody log. 2. Recorded media may only be erased: (a) Pursuant to a court order (b) In accordance with established retention guidelines

VIDEO CAMERAS

(c) If not of evidentiary value, not part of an administrative investigation and not subject to a public information request, no sooner than 90 days from the date of the recording.

1102.3.8 MEDIA DUPLICATION AND ACCESS TO VIDEO/AUDIO RECORDINGS 1. All recorded media, recorded images and audio recordings created with department- issued or supplied equipment are the property of the Pearland Police Department. Dissemination of department media outside of the agency is strictly prohibited without specific written authorization of the Chief of Police or his designee. Officers shall not distribute or make public, any media recorded by any means depicting any police action or any scene accessed by virtue of position, without obtaining authorization from the Chief of Police or his designee. Release of BWC video/audio could be a misdemeanor offense. Release of video/audio without authorization is a violation subject to indefinite suspension. 2. Members of the public or media requesting access to video recordings shall do so in accordance with Texas Government and Occupational Codes. Open Records requests and filings for public information shall only be handled by personnel who are authorized to perform this function. 3. Any police officer who is the subject of an administrative or criminal investigation, shall be provided access to the video recording(s) in possession of the department at that time, before being required to make a statement. This could include the viewing of the video recording(s) in the presence of the investigating personnel.

1102.3.9 PERSONALLY OWNED VIDEO AND STILL CAMERA DEVICES 1. Upon the issuance of a departmentally owned still, video or body worn camera, no officer shall routinely use a personally owned device. 2. An officer facing an emergency situation, during an incident in which they do not have time to procure a department issued still, video or body worn camera, may utilize a personally owned device to capture evidence. Any employee who utilizes a personally owned video or still camera device must be aware that the rules of evidence may compel access to that equipment or device. If an employee utilizes such a device at any police scene where the camera captures any potential evidence, the officer must submit the video or still images in to the evidence system along with supplementing the report. The officer must include in the report the exigent circumstance requiring the use of the device. If the case did not require a report (for example a traffic stop with citations issued), then the officer must create a copy of the video or still images and turn them over to the prosecutor.

VEHICLE INSPECTION AND OPERATION

1103.1 PURPOSE City-provided vehicles are one of the most valuable assets available to police personnel. Vehicles are to be inspected regularly and preventative maintenance is to be performed on each vehicle to reduce vehicle repair expenditures and to insure long life of the assets.

1103.2 DEFINITIONS A. Assigned Vehicles - Vehicles assigned to individual members due to the assignment or position they hold and the benefit to the department. Examples include those assigned to supervisors, detectives, K-9, SRO and Traffic Units. B. Automatic Vehicle Locator (AVL) – A GPS unit installed in a department-owned vehicle that transmits the vehicle’s location via a connection to a mobile computer terminal. C. Patrol Fleet Vehicles - Vehicles assigned to multiple officers for use during different patrol shifts. D. Pool Vehicles - Vehicles not assigned to members and kept in reserve for use as spare vehicles when an assigned vehicle is out of service for repair. E. -Home Fleet Vehicles - Vehicles assigned to individual officers according to seniority.

1103.3 PROCEDURES

1103.3.1 DAILY RESPONSIBILITIES 1. Prior to beginning each tour of duty officers shall inspect: (a) Exterior - Inspect for dents, scrapes or markings that may have occurred during the officer’s absence. Report any damage to a supervisor for investigation. (b) Interior - Inspect the front and rear seats. For marked patrol vehicles, articles or objects that may provide a prisoner with a weapon are to be secured and any property prisoners may have left is removed. Contraband discovered during this inspection is to be handled as found property and appropriate reports and investigation are to be done. 2. At the conclusion of each tour of duty officers shall inspect: (a) All equipment inspected at the beginning of the tour of duty. (b) The interior of the vehicle for personal property and equipment and to insure cleanliness

1103.3.2 WEEKLY RESPONSIBILITIES 1. Officers are responsible for performing the following on their return to duty after their regularly scheduled days off: (a) Vehicle Externally - examine exterior for dents, scrape markings, etc., tires for wear and pressure, engine for oil, water, hoses, belts and condition of battery,

VEHICLE INSPECTION AND OPERATION

and the operation of all vehicle lights including those required for emergency responses. (b) Vehicle Internally - Examine interior for damage to equipment or property, trash left by previous shift, under front and rear seats for objects which may have been left by a prisoner, and all equipment including radar and sirens for proper functioning. 2. Officers shall complete a Vehicles Inspection Worksheet each week to document the inspection.

1103.3.3 VEHICLE INSPECTION WORKSHEET 1. Assigned Vehicles and Take-Home Fleet vehicles are to be inspected weekly with the inspection documented on the electronic version of the Vehicle Inspection Worksheet. 2. Patrol Fleet Vehicles and Pool Vehicles are to be inspected each time they are checked out with the inspection documented on the electronic version of the Vehicle Inspection Worksheet. 3. When a vehicle is inspected, officer are to complete the following inspection and make appropriate notations on the electronic version of the Vehicle Inspection Worksheet: (a) Information – Fill in the necessary items such as date, time, shop number, mileage, officer, supervisor and shift. (b) Fixed Equipment – Check the box corresponding to the functionality of the listed item. (c) Body Damage 1. In the diagram, the Vehicle Damage Scale for Traffic Accidents (1-7) will be used, placing the appropriate number in the box corresponding to the affected body part. 2. In cases where damage ratings cannot be placed on the diagram, such as underbody damage, a note should be made in the comments section. (d) Fluids – Check the box corresponding to the fluid level for the listed item. In the case of low fluid the appropriate amount of fluid will be added and a check mark should be made in the “Filled” column. (e) Other Equipment – The number of items should be counted and noted in the space provided. If any replacements are made, they should be included in the total. (f) Was Vehicle Taken Out of Service – Check the appropriate box regarding need for service as reported on the form. (g) Work Order Information – Check the appropriate box indicating whether or not a work order was completed. If needed and not completed an explanation is required. (h) Comments – Any other information concerning the vehicle may be placed in the space provided. Vehicle damage may also be further explained.

VEHICLE INSPECTION AND OPERATION

(i) Signatures – The officer completing the form will enter his name and PID# as his signature of completion. After the document is emailed to a reviewing supervisor, the reviewing supervisor will enter his name and PID# as his signature. 4. Records (a) The completed electronic version of the vehicle inspection worksheet will be emailed to the officer’s supervisor for review. The form will be titled with the vehicle number and date. (Example: “C-245 05-20-10.pdf) (b) After receipt and review, the officer’s supervisor will save the form in the appropriate vehicle folder on the department’s intranet server (\\geronimo \Officer Data\Vehicle Inspection Sheets\). (c) Electronic copies of vehicle inspection worksheets shall be maintained for a minimum of one year. (d) Supervisors will perform random inspections of vehicles assigned to their shift/ command to insure compliance with this directive.

1103.3.4 VEHICLE MAINTENANCE Vehicle Maintenance - It is the responsibility of each individual to maintain his assigned vehicle as outlined below: 1. Maintenance to be done by officers: (a) Gasoline and Oil - each vehicle must be filled with gasoline at the end of each shift. The oil level in the vehicle shall also be checked at the end of each shift and be added as necessary. Any exception must be approved by a supervisor.Maintenance to be done by other persons: (b) Vehicles Exterior - Tires are checked and maintained at the proper pressure. The vehicle should be washed when necessary, with the exception of times when because of weather or atmospheric conditions this would prove to be impractical. (c) Officers assigned to a vehicle shall insure that scheduled maintenance is performed on their issued vehicle. (d) If any officer has difficulty completing any of these assigned maintenance tasks the officer consults the duty supervisor for guidance. 2. Maintenance to be done y other persons: (a) Any maintenance not listed under Section 1103.3.4-1 of this order shall not be attempted without the permission of a supervisor. (b) No modifications will be made to any police vehicle without express permission from the Chief of Police or his designee. (c) All other maintenance needs are reported to the on duty supervisor for appropriate action.

VEHICLE INSPECTION AND OPERATION

1103.3.5 DAMAGED OR DEFECTIVE EQUIPMENT 1. Any officer that discovers damaged vehicle equipment is required to report the damage to their supervisor. The supervisor will then take appropriate action to document the damage or initiate an internal investigation. 2. Any officer that determines installed equipment is in need of repair or maintenance shall document the defect or requested repair on a City of Pearland Fleet Maintenance form. This form shall be taken for review and approval by a supervisor. 3. Vehicles placed out of service for repair shall be taken for service in accordance with established city policy. 4. No repair work will be done by Fleet Maintenance without an accompanying City of Pearland Fleet Maintenance form approved by a supervisor. 5. Equipment needing repair will be submitted for repair in a timely manner.

1103.3.6 OPERATION OF VEHICLES 1. It is the responsibility of each officer to operate his assigned vehicle in accordance with established departmental procedures and State Law. 2. Officer shall not intentionally or negligently abuse or damage their patrol vehicle or intentionally or negligently lose articles or objects assigned to their vehicle. 3. Each officer shall use good judgment and good driving habits. 4. Each officer must familiarize himself with the various streets and road conditions within his jurisdiction and operate his vehicle accordingly. 5. No employee may use any police vehicle not issued to him without the express permission of a supervisor. 6. No employee shall use any police vehicle in any manner inconsistent with the directives or policies of the Chief. 7. Use of emergency equipment and emergency responses will be in accordance with directives listed in 602, Emergency Response Priorities. 8. All officers are required to immediately report any damage, accident, or loss that occurs during the operation of his assigned vehicle to his appropriate supervisors. 9. Officers shall not have civilian rides or officers from other agencies in marked vehicles without permission from a supervisor. 10. Automatic Vehicle Locator (AVL) (a) When logging on for patrol duties offices shall connect the AVL unit to the designated port on the mobile computer terminal prior to initializing the MCT program to insure AVL connectivity. (b) Officers shall not habitually or intentionally fail to connect the AVL when starting their tour of duty or habitually or intentionally disconnect the AVL unit in patrol vehicles so equipped to circumvent the AVL’s tracking function

VEHICLE INSPECTION AND OPERATION

1103.3.7 ASSIGNED/TAKE HOME VEHICLES 1. Officers are encouraged to utilize their assigned home fleet vehicle while off duty in the city. 2. The Patrol Division Commander shall maintain a current and up to date map depicting the extraterritorial jurisdiction and the limits to which an officer may take his or her assigned vehicle from the Pearland Police Department facility. 3. Officers who will be absent from their normal shift assignment due to the use of vacation, sick, comp time, holiday time, injury leave for a period of fifteen (15) calendar days shall park their assigned unit at the Pearland Police Department facility. 4. Officers shall maintain in their Assigned/Take-Home Fleet Vehicle a police jacket that makes them readily identifiable as a peace officer should the need arise to take police action while off duty. 5. When utilizing their Assigned/Take-Home Fleet Vehicle off duty, officers shall have a department-approved and qualified firearm within reach when operating the vehicle. 6. Assigned and Take-Home Fleet Vehicles shall not be loaned out to other personnel without approval from a supervisor.

1103.3.8 PATROL FLEET VEHICLES 1. Patrol fleet vehicles are to be used by the assigned officer during his normal patrol shift. 2. Officers will not take home patrol fleet vehicles for maintenance unless prior approval is obtained from a shift supervisor. 3. Patrol fleet vehicles are not to be used for transportation to and from training without prior approval from on duty supervisor. 4. Patrol fleet vehicles shall not be utilized as pool vehicles unless no other pool vehicle is available. Use of a patrol fleet vehicle as a pool vehicle must be approved by the shift supervisor 5. Patrol fleet vehicles utilized as pool vehicles shall be filled with fuel before the officer goes off duty

1103.3.9 POOL VEHICLES 1. All police personnel using a pool fleet vehicle will sign out the vehicle on the pool vehicle roster board or other location designated by the shift supervisor. 2. All police personnel using a pool fleet vehicle and who use department-provided keys shall sign out the keys on the designated key log. 3. Vehicles assigned to the “Pool Fleet” shall not be used as a take home vehicle. 4. Pool fleet vehicles may be used for a single-day court appearance with approval of a shift supervisor. 5. Pool vehicles shall not be used for out-of-town training without prior approval from the Division Commander.

VEHICLE INSPECTION AND OPERATION

6. Pool vehicles shall be filled with fuel before the officer goes off duty.

1103.3.10 EXTRA-DUTY EMPLOYMENT 1. Assigned Vehicles may be driven to/from extra-duty employment within the department’s ETJ but shall not be used to perform extra-duty work without specific authorization from the Chief of Police. 2. Pool Vehicles and Patrol Fleet Vehicles shall not be driven to/from extra-duty employment and shall not be used to perform extra-duty work without specific authorization from the Chief of Police. 3. Take-Home Fleet Vehicles may be driven to/from extra-duty employment within the department’s ETJ but shall not be used to perform extra-duty work without specific authorization from the Chief of Police.

1103.3.11 SPECIAL CONSIDERATIONS 1. No personnel may operate any police vehicle while on injury leave, sick leave, light duty, or other restricted duty. 2. Officers with an assigned/take-home fleet vehicle that wreck or otherwise render their vehicle inoperable when using the vehicle outside specified guidelines may not have a replacement vehicle provided as an assigned/take-home fleet vehicle. Officers so affected may be assigned to a patrol fleet vehicle at the discretion of the Vehicle Equipment Officer.

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PUBLIC SAFETY BUILDING SECURITY

1104.1 PURPOSE Station security is the responsibility of every employee. The Pearland Police Department, because of the nature of our activities, is one of the most visible agencies of our city government. This visibility also makes us susceptible to the violent and unlawful actions of those who would disrupt our activities to further their own unlawful purposes. It would be an error to discount or underestimate the ingenuity of an adversary who is intent on disrupting our ability to provide quality police service to the community. Proper building security is directly proportional to each officer and employee being alert and following established security procedures.

1104.2 DEFINITIONS A. Controlled Access System - Control and access to the facility via the use of magnetic card or keypad (without the use of keys). Definition includes systems from a single door, stand-alone devices or integrated computer- based systems, which not only control doors, but can also monitor alarms, control video equipment, turn on and off electrical devices, and track employee time and attendance. B. Visitor – Any person who is not regularly assigned to the Public Safety Building or who is not an employee of the department.

1104.3 PROCEDURES

1104.3.1 PUBLIC AREAS 1. The Public Safety Building has numerous areas where the public has access to city services, restrooms, and waiting areas. These incude the ent lobby, the Jail lobby, the court lobby, the courtrooms, and the Training/Tax Office lobby 2. Outside Areas and Parking Lots - The parking and driveway areas are open to the public but are covered by surveillance cameras. (a) Dispatch personnel will monitor these cameras as frequently as possible. (b) Dispatch personnel will notify the nearest patrol unit or officer in the station regarding any suspicious person in close proximity to the Public Safety Building. This responsibility is especially critical during evening and night hours. (c) The Department Quartermaster will insure the grass, trees and shrubs adjacent to all structures and facilities are maintained to not provide cover or concealment. (d) Outside lighting maintenance will also be the responsibility of the Department Quartermaster. 1. All lighting problems will be reported to the Department Quartermaster for corrective action by any employee identifying the problem. 2. The quartermaster will conduct regular checks to verify lighting operation.

PUBLIC SAFETY BUILDING SECURITY

1104.3.2 VISITOR AREAS 1. Visitors, contractors, and other persons needing access to the secured area of the Public Safety Building will contact an on-duty records clerk for a visitor’s pass. The records clerk will then take the visitor’s driver’s license and have the visitor sign the Visitor Log-In Sheet. The records clerk will then notify the appropriate person the visitor has business with. 2. Upon completing their business at the Police Department, the visitor will then log out with the Records clerk who will return the visitor’s driver’s license. 3. No individual will be allowed unescorted access to the secured area of the Police Department, unless they are known personally to be local law enforcement personnel, or the individual is known and familiar and access is authorized. 4. Any visitor needing access to areas storing Criminal Justice Information shall have a valid reason to be present and must always be escorted. These areas include the Communications Center, Records and the Equipment (Server) Room and anyplace a computer monitor could be displaying CJIS information to include offices. Only persons with authorized access through a Security Agreement with the State of Texas or those that have passed a fingerprint-based background check are allowed access to these areas without an escort. 5. Persons escorted into the building should be escorted out of the secured area, back to the lobby when they have transacted their business with the Department or its personnel. 6. City Officials and other city employees that have been cleared for unescorted access may be issued a key card. Their information and access will be stored and tracked by the Department’s security software. Approvals for key card issuance will be the responsibility of the Admin Services Captain.

1104.3.3 EMPLOYEE AREA ACCESS 1. Responsibilities of Key / Proximity Card Holder (a) It is every employee’s direct responsibility to keep all areas secure. Employees will report to their supervisor any loss of keys or cards as soon as possible. (b) No employee is authorized to duplicate any key or card providing access to the Public Safety Building, its offices and other areas of the facility. (c) No key or card will be provided to an individual who is not an employee of the department unless approved by the Chief of Police or his designee. (d) All employee entrances and exits will always be kept locked from the outside. (e) The Sally Port doors will always be closed except for authorized activities. (f) Command Staff Officers and the departmental quartermaster will be the only employees to possess master keys to the building. The Assistant Chief of the Support Bureau or his designee, will administer distribution of keys in accordance with each member’s security level. Each assigned supervisor of the

PUBLIC SAFETY BUILDING SECURITY

Pearland Police Department will be provided with keys to gain access to their work area(s). (g) The Chief of Police will authorize a designee to verify all employee security levels and conduct all programming for proximity card use. The designee will assign and program proximity cards according to everyone’s authorized facility access level. (h) Employees shall immediately report the loss of any facility proximity cards or keys to their immediate supervisor. Any cards lost will be deleted from the controlled access system to insure the safety of the facility. (i) While inside the Public Safety Building and secured area of the parking lot, all employees will display their badge, identification card, or proximity card. If a lanyard is utilized for card display, it will be the one issued by the Department to employees. 2. Communications Area (a) The Communications area will always have restricted access. Only authorized Communications personnel or Police Supervisors will have access to the Communications area. (b) Any other person desiring access to the Communications Center must receive approval from a supervisor. These security agreements and practices are required by the Criminal Justice Information Services (CJIS) Security Policy.

1104.3.4 DETENTION AREA ACCESS 1. Sally Port (a) Officers in vehicles with prisoners should approach the outside sally port doors on the south side of the building. (b) The sally port doors shall be secured before the prisoner(s) are removed from the vehicle or the door to the cell area is opened, unless an exigent circumstance exists. 2. Weapons (a) No firearms may be taken into the Detention Area unless a special threat situation occurs. Firearms shall be secured prior to entry into the jail facility. (b) Gun lock boxes are provided near all entrances to the secured area of the jail. 3. Juveniles (a) Officers who have a juvenile detained will access the Juvenile Processing Office through the sally port entrance. (b) Juvenile detainees shall be sight and sound separated from adult prisoners. Officers will insure the sally port is clear of adult prisoners prior to entering the sally port. (c) Juvenile detainees will always be supervised while in the Public Safety Building. 4. Prisoners

PUBLIC SAFETY BUILDING SECURITY

(a) At no time shall unsecured prisoners be unsupervised in the jail outside of cells or interview/interrogation areas of the facility. (b) Adult prisoners who are released from the Detention Area shall exit through the secure vestibule to the north jail Visitor lobby. Prisoners shall not be released through the main building area (offices).

1104.3.5 DEPARTMENTAL EQUIPMENT 1. Police vehicles parked at the Public Safety facility and not in use will always be kept locked. 2. Master keys will be maintained by designated command staff and the Department Quartermaster. Keys to equipment rooms, mechanical rooms, roof access and Public Safety Building offices will be maintained in a secure location. Unauthorized access, duplication or use of keys is prohibited.

1104.3.6 SPECIAL THREAT SITUATIONS 1. Threats (a) Dispatch or other department personnel receiving any type of threat information directed at the Public Safety facility or any department personnel will immediately report all information to the on-duty supervisor. (b) It is the responsibility of the on-duty supervisor to take immediate steps to secure the designated facility or provide for the safety of personnel threatened. (c) The on-duty supervisor will call in enough personnel to counter the security threat and will begin notification through the chain-of- command. 2. Suspicious Items - It shall be the responsibility of the Support Services Division to insure the Police and Jail lobby areas, be kept uncluttered and clean. (a) An on-duty supervisor will be immediately alerted of any suspicious package or item found in the Public Safety Building, particularly in trash receptacles, restrooms or lobbies. (b) Items found that could be bombs, booby-traps, incendiary devices, or other destructive or explosive devices are not to be touched or moved. (c) The on-duty supervisor will clear all surrounding offices and areas. (d) The on-duty supervisor will notify trained personnel to assist with the problem. 3. Suspicious Persons - Any employee observing suspicious behavior or circumstances shall take appropriate action and notify an on-duty supervisor.

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BULLETIN BOARDS

1105.1 PURPOSE The purpose of this directive is to establish guidelines for the installation and use of Department bulletin boards and to insure all notations or comments placed on such boards are appropriate.

1105.2 DEFINITIONS None

1105.3 PROCEDURES

1105.3.1 PURPOSE OF BULLETIN BOARDS 1. Bulletin boards will serve as an alternate method of interdepartmental communication. Material posted will be in conformance with City and Department Policy and will be relevant to the better operations of the Department. 2. Any supervisor considering approval of a notice must review the document to insure it serves the betterment of the Department; does not contain libelous, defamatory, or obscene statements or graphics; does not violate any Departmental, City or Governmental policy; and serves a valid purpose. The supervisor who approves a posting shall clearly indicate by initialing in a conspicuous location. 3. The Chief of Police or his designee will retain the right to refuse the posting of any materials, which he believes to be inappropriate, regardless of any previous approval or postings.

1105.3.2 BULLETIN BOARD LOCATIONS 1. The Chief of Police or his designee will be the sole determinant of the location of all bulletin boards erected in the Public Safety Facility. 2. Bulletin boards will be clearly marked as to the function it is serves (i.e. extra employment, training, general information, etc.) and only material concerning those functions will be allowed for display on the dedicated board.

1105.3.3 BULLETIN BOARD MAINTENANCE 1. It will be the responsibility of the Department Quartermaster to insure all postings on Departmental Bulletin Boards are appropriate, have been approved and are neatly displayed. If the Quartermaster questions the appropriateness of a posting, the Quartermaster will bring this to the attention of the Administrative Services Division Commander. 2. Outdated materials will be removed as soon as practical.

BULLETIN BOARDS

1105.3.4 DRY ERASE BOARDS (a) The primary purpose of the dry erase boards is to facilitate training during roll call or other scheduled courses and to coordinate department activities (i.e. pre-raid planning, etc.) (b) These boards should not be used for any other purpose than that which would be approved under the conditions described above (Section 1105.3.1) (c) Anything written or displayed on the chalkboard is required to have the initials of the person writing/posting the information.

1105.3.5 PEARLAND POLICE OFFICER'S ASSOCIATION BULLETIN BOARDS (a) The Chief of Police permits the PPOA to have a bulletin board within the building for the PPOA to post general information to membership. (b) The PPOA president is responsible to insure postings conform to departmental standards of becoming conduct. The board shall not be used to post information against the City or any City department, nor shall it be used to post information concerning any publicly elected official including endorsements.

RECORDING SYSTEM

1106.1 PURPOSE The purpose of this policy is to establish procedure for the use, care, and operation of the communications recording system.

1106.2 DEFINITIONS 1. Communications Supervisor - The Civilian Support Services Supervisor. 2. Digital Recording System – Generic term for system used to digitally record telephone and dispatch audio communications.

1106.3 PROCEDURES

1106.3.1 EQUIPMENT SECURITY 1. The Communications Supervisor is ultimately responsible for the daily operation and maintenance of the digital recording system. 2. The only personnel authorized to have access to the original digital recordings are the Chief of Police or his designee, the Assistant Chief of Police, the Support Services Supervisor, and Dispatch Supervisor.

1106.3.2 DUPLICATE COPY OF AN ORIGINAL RECORDING 1. In the event a particular telephone conversation or dispatch transmission needs to be permanently retained (i.e., evidence, investigation), the requesting employee should make the request using an AUDIO REQUEST FORM. 2. This form is then to be forwarded to the Support Services Supervisor who will then make a duplicate of the original recording on digital media. 3. The digital recording can then be tagged in the property room or used in an investigation as needed.

TELEPHONE USE

1107.1 PURPOSE The telephone system of the Pearland Police Department exists for the purpose of creating a professional communications link with our fellow co-workers and the people we serve. The purpose of this General Order is to set forth guidelines for effective and efficient usage of this communications tool and the reporting of long distance telephone calls or faxes.

1107.1.1 DEFINITIONS A. Switchboard - A phone device capable of receiving all incoming calls and routing them to their proper destination. B. Voice Mail - The section of the telephone system that allows an individual to receive messages when you are not available to answer the phone in person. C. Electronic Mail- A means or system for transmitting messages electronically, as between computers on a network. The terms “Electronic Mail” and “email” are used interchangeably.

1107.2 PROCEDURES

1107.2.1 TELEPHONE PROCEDURES 1. All personnel will use telephone courtesy when using the phone system. The switchboard phone will be located at the Records Division Receptionist’s desk. An assigned Records Clerk will answer this phone 24 hours per day. If no records clerk is available, the phone system will be forwarded to Communications. All non-emergency police calls will come through this phone. These calls will then be routed to their proper destination. 911 emergency calls will continue to come through Emergency Communications. 2. All personnel with individual phone lines should strive to have all of their regular calls come to their individual phones. No personal calls should come through the switchboard 3. Records personnel answering the switchboard will answer using the script approved by the Support Service Supervisor. The initial answering script will be: “Pearland Police Department, This is ______, how may I help you?” This message may be modified at various times by the Support Services Supervisor. The switchboard will be answered in a cheerful manner and telephone courtesy will be observed at all times. 4. If the caller asks for a police officer that is not present in the building, the operator will give the caller the option of leaving a message on the officer’s voice mail or locating another officer in the building.

1107.2.2 VOICE MAIL MESSAGES 1. Office Personnel - All personnel with individual phone numbers will have a voice mail message for outgoing calls coming in or inter office calls. These messages will follow the below listed guidelines.

TELEPHONE USE

(a) Sample message for outside calls - ") (b) Sample message for inter office calls “Hello, this is ______. I am away from my desk at this time, please leave a message and I will contact you as soon as possible”. 2. Field Personnel - All officers will have voice mail. Unless the switchboard operator on duty is aware that the individual officer is in the building, all individual officer calls will be directed to their respective voice mail. (a) Sample message for Field Personnel calls: “Hello, you have reached the voice mail of ______. I am not in the building at this time. If you will leave a message after the tone, I will return your call as soon as possible”. (b) Officers who will be absent from duty for more than five days shall update their voicemail message. 3. Voice mail will be checked daily and calls returned within 24 hours, excluding days off or vacation.

1107.2.3 DIRECTORY ASSISTANCE CALLS 1. Directory assistance calls from office telephones are not allowed unless such calls pertain to city business. 2. Before using directory assistance, telephone directories shall be consulted.

1107.2.4 ELECTRONIC MAIL 1. All officers and civilian personnel will have an assigned email account. 2. Officers and civilian personnel shall check their email on their regular duty days and return correspondence within 24 hours, excluding days off or vacations.

BUDGETING AND REQUISITION OF GOODS OR SERVICES

1108.1 PURPOSE The purpose of this order is to designate responsibility for departmental budgeting and provide instructions to all employees when requisitioning goods or services that are neither readily available nor in stock.

1108.2 DEFINITIONS A. Fiscal Year- A 12-month period for which an organization plans the use of its funds. The City of Pearland’s Fiscal Year is October 1st-September 30th.

1108.3 PROCEDURES

1108.3.1 DESIGNATION OF DEPARTMENTAL BUDGET RESPONSIBILITIES 1. The Chief of Police is responsible for the departmental budget. The Asst. Chief of the Support Bureau is responsible for development of the budget. Each Division Commander is responsible for managing their assigned operational budgets. The Business Administrator is responsible for the preparation and maintenance of the departmental budget. 2. Each budget cycle the Business Administrator will be responsible for collecting budget requests from employees to prepare supplemental requests for all new personnel or items desired. 3. The Business Administrator will also be responsible for preparing the baseline budget for existing services in accordance to the Finance Department’s guidelines. 4. It will be the responsibility of the Business Administrator to insure all deliverables are submitted to the Budget Analyst assigned to the Police Department by the due date specified by the Budget Analyst. 5. The Business Administrator is responsible for mid-year projections and carryover items. 6. Quarterly Budget Reports will be submitted to Division Commanders to insure awareness of remaining funding.

1108.3.2 SUBMISSION OF BUDGET REQUESTS 1. All police department employees can request funding for items or services using budget requests. The Business Administrator will solicit requests at the beginning of each calendar year. The budget requests are due to the Business Administrator by the assigned due date. This date will be communicated each year to the department by the Business Administrator.

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BUDGETING AND REQUISITION OF GOODS OR SERVICES

2. Budget requests shall be completed with current and accurate information. Documentation such as a quote or estimate should be included. Any incomplete budget requests will not be considered. 3. Employees are responsible to submit requests each year for desired items or services that were requested, but not funded in previous budget cycles. 4. It will be the responsibility of the Business Administrator to determine if each budget request should be submitted as a supplemental request or a baseline request, using the guidelines established by the Finance Department to make each decision. 5. The Assistant Chiefs and the Chief of Police will have the opportunity to review all budget requests and may choose not to pursue a request not in line with the department’s current priorities. 6. Once the budget for the fiscal year in reference has been adopted, it is the responsibility of the Business Administrator to inform the submitter of each budget request whether the request was funded or not funded.

1108.3.3 PURCHASING AUTHORITY 1. All major purchases over the $1,000 threshold by the Pearland Police Department will be with the approval of the Chief of Police or an Assistant Chief of Police. 2. The Quartermaster shall be designated as the Purchasing Officer by the Chief of Police and will be responsible for the purchases and inventory of stock items. 3. Supervisory personnel and designated department personnel with specialized spending are eligible for a Purchasing Card (P-Card) by the City of Pearland. P-Cards are administered by the Finance Department and require a Purchasing/Travel Card Application approved by either the Chief of Police, or an Assistant Chief of Police prior to issuance. Personnel issued City of Pearland P-cards shall observe city policy on the use and accounting of P-card transactions. P-Card transactions should be limited to small dollar commodity, service, and travel purchases. Any items over $3,000, or repeated transactions to a specific vendor totaling over $3,000 within a given Fiscal Year, should complete the traditional procurement process designated by the Finance Department. 4. Personnel without P-cards will complete a Requisition Form for all transactions that meet the following criteria: (a) Non-Budgeted items (b) Items that cost more than $100 per item, or total orders over $1,000 (c) Items purchased outside of structured ordering systems (i.e., special uniform items) 5. Requisition Forms under $1,000 will be approved by Division Commanders. Anything over the $1,000 threshold will be approved by an Assistant Chief of Police. 6. It shall be the responsibility of the Assistant Chief of Police of Support Services or the Business Administrator to insure the maintenance of the requisition request for

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. BUDGETING AND REQUISITION OF GOODS Published with permission by Pearland Police Department OR SERVICES - 504 Pearland Police Department Policy Manual

BUDGETING AND REQUISITION OF GOODS OR SERVICES

purchases and provide regular reports of expenditures to the Chief of Police and respective Division Commander.

1108.3.4 GUIDELINES FOR REQUISITION OF GOODS AND SERVICES 1. All requests for goods and services should be made through the Chain of Command. Requisition forms approved by Supervisors are to be presented to the Business Administrator. If an Assistant Chief’s approval is required, the Business Administrator will forward the request to an Assistant Chief of Police. 2. Requests for routine office supplies (pens, post-its, flash drives, etc.) may be requested without the formal process. These requests are to be placed with an Administrative Assistant. Any items requested that are outside the scope of routine office supplies (furniture, computer hardware or software, etc.) or that cost over $100/ item will require the formal requisition form process. Administrative Assistants reserve the right to question items requested, and ask for approved requisition forms as needed. 3. Pre-planning should be of high priority in requesting items not readily available, either at night, weekends, or holidays. 4. A detailed description along with documentation of the requested item is necessary. A quote or estimate is preferred for documentation purposes, but a print-out from a website including the price is acceptable if the item is to be purchased online. 5. The Assistant Chief of Police of Support Services or the Business Administrator is responsible for noting on the requisition request the current status of the budget in that particular area. 6. Personnel completing the requisition form are responsible for the justification of need and intended use of the item, the cost of the item or expenditure if known, the vendor supplying the items, and any other information unique to the request under review. If applicable, vendors participating in Cooperative Purchasing Agreements are preferred to insure best prices as well as to streamline the procurement process. 7. An Assistant Chief of Police or Division Commander will provide approval before the purchase is made. 8. All purchase order numbers shall be obtained through the Business Administrator. A purchase order is required for all purchases over $3,000, or if total purchases from a specific vendor will accumulate to over $3,000 within the given Fiscal Year. If a purchase order is required, the requisition form should be paired with 3 quotes and a completed HUB (Historically Underutilized Businesses) form. If a vendor is participating in a Cooperative Purchasing Agreement such as BuyBoard or H-GAC, additional quotes are not required. The Cooperative Purchasing Agreement number must be included on the quote. 9. Once the requisition form and purchase order (if applicable) have been approved, a copy of the forms will be forwarded to the originator to facilitate the purchase. All invoices and packing slips should be submitted to the Business Administrator to insure timely processing.

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. BUDGETING AND REQUISITION OF GOODS Published with permission by Pearland Police Department OR SERVICES - 505 Pearland Police Department Policy Manual

BUDGETING AND REQUISITION OF GOODS OR SERVICES

1108.3.5 ATTACHMENTS 1. Pearland Police Department Budget Request Form is attached as Appendix A. 2. Pearland Police Department Requisition Form is attached as Appendix B. 3. City of Pearland HUB (Historically Underutilized Businesses) form is attached as Appendix C.

Copyright Lexipol, LLC 2021/01/22, All Rights Reserved. BUDGETING AND REQUISITION OF GOODS Published with permission by Pearland Police Department OR SERVICES - 506 Policy Pearland Police Department 1109 Policy Manual

CASH AND PAYMENT HANDLING

1109.1 PURPOSE It is the goal of this directive to provide a system by which employees handling cash, checks or credit card payments for any fine, fee, bond or service have a high degree of protection and accountability. (RP 1.03)

1109.2 DEFINITIONS None

1109.3 PROCEDURES

1109.3.1 RESPONSIBILITIES 1. Due the varied transaction types and software utilized for recording financial transactions, procedures may vary between divisions. 2. It is the Manager or designee’s responsibility to insure staff adheres to the outlined procedures and to report any inconsistencies or losses to the Finance Department and their supervisor immediately. 3. It is the responsibility of any employee handling financial transactions to use due diligence in handling City funds by following all outlined procedures and to report any inconsistencies or losses to their Manager immediately. 4. All procedures outlined in this manual should be in addition to any existing requirements from the Finance Department.

1109.3.2 JAIL TRANSACTIONS 1. All Municipal Court bonds shall be received in the form of a money order or exact amount in cash. No cash or change should be held in the Jail. Persons requesting to pay fines shall be referred to Courts or the online payment portal. 2. Employees receiving payment for Municipal Court bonds shall issue the appropriate receipt to the payer. Payment can be accepted by any Jail employee on duty. 3. The employee collecting the fine shall verify the amount of the cash or money order with another employee within camera view and place it inside an envelope with the completed Cash Bond form and a copy of the receipt the envelope should then be sealed. Both employees should then sign the envelope across the seal. 4. The employee shall then complete the information requested on the bond log sheet. Each individual envelope containing a bond payment shall be placed in the deposit bag located in the jail. 5. Municipal Court staff picks up the bonds along with the daily bond log sheet. 6. Municipal Court staff will complete the process of handling the bonds transactions from this point.

CASH AND PAYMENT HANDLING

7. Cash Bond Form

1109.3.3 RECORDS TRANSACTIONS 1. The Records Office shall receive payment for fees and false alarm fines only. No bond payments should be received by Records. Payment shall be accepted Monday through Friday. Utility Billing is not open to accept deposits during the weekend. 2. Acceptable methods of payments for these fees and fines include checks, money orders and credit cards. No cash should be accepted following Records move to Cashless Transactions in 2019. In addition, no cash balance or till should be held in the Records office. 3. When possible, only Receptionists should receive payments. If a Receptionist is out on a scheduled day off, the Records Manager shall designate an employee to accept payments in their absence. 4. Each transaction should be recorded in the City’s Enterprise Resource Planning (ERP) System, New World, using the Financial Management Module. The correct account should be selected for the type of transaction being processed. Each check and money order should be validated at the time of processing. Receipts for each online Crywolf (False Alarm) transaction should be printed from the City’s FIS software program for accepting online payments and manually entered into the ERP System. 5. The appropriate receipt should be provided to the payer for every transaction. 6. At the close of each Receptionist’s shift, a transaction log should be printed from New World for the batch of transactions the Receptionist processed during the shift. A credit card receipt or a check or money order should be present for every transaction recorded on the batch log. The Receptionist should prepare a Cashier Deposit Form for all payments received and place into a locking money bag along with the transaction log, checks, money orders and a copy of the credit card receipts. 7. A separate batch Cashier Deposit Form should be completed for CryWolf transactions. A copy of the printed receipt along with the FIS transaction report should be attached to the Cashier Deposit Form. There should be a deposit batch with the proper form for each Receptionist and for CryWolf payments each business day. 8. Once deposits are prepared, the Records Manager or designee should review before the deposits are taken to Utility Billing by the receptionist for the deposit to be processed. Utility Billing will handle the deposit transaction from this point. 9. The key for the locking money bag should be held by the Records Manager.

1109.3.4 ANIMAL SERVICES TRANSACTIONS 1. Animal Services shall accept cash, check, money order and credit cards as acceptable methods of payment for fees and services. Payment can be accepted by any Animal Services employee working the shelter reception area during any part of the shift. 2. Cash balance of $200 should always be kept to provide change to citizens. The cash should be kept in a locking cabinet.

CASH AND PAYMENT HANDLING

3. At the beginning of each day, the employee to check out the cash from the cabinet should immediately count to verify the $200 balance. This should be witnessed by another employee on duty, and both employees should initial on the cash log that $200 was accounted for. 4. Once cash is signed out, it should be kept in the front reception area in a drawer to access for change as needed. 5. The $200 cash balance should be returned to the locked cabinet at the end of the day. Before securing, the employee returning the cash shall have another employee witness counting the cash balance to verify the amount is $200. Both employees should initial the cash log to document the $200 was accounted for. 6. If the cash balance contains a large bill and change is needed, the employee delivering the deposit to Utility Billing can bring the large bill to exchange for smaller bills with Utility Billing. This should be documented on the cash log. 7. All payment transactions should be processed in the Chameleon software utilized by Animal Services. All cash, checks, money orders or credit card receipts from each transaction should immediately be placed in the safe under the front desk. 8. Reconciliation and the completion of the Cashier Deposit Form should take place at the beginning of each day for the transactions that took place the previous day. A Cash Box Closing Report should be run in Chameleon showing all transactions for the respective day. The report should be reconciled to the cash, checks, money orders and credit card receipts received. The Cashier Deposit Form from the Finance Department should be completed, and the deposit delivered to Utility Billing located at the City Hall Annex building each day except for Saturday and Sunday as Utility Building is closed on the weekends. Monday’s delivery should also include Saturday and Sunday’s Cashier Deposit Forms and payments, which should be completed the following morning for each respective day. 9. Utility Billing will complete the deposit and recording process from this point forward. 10. All employees shall have keys to the locking cabinet where the $200 cash is held for accessibility across varying schedules. The safe is accessed by keys, which are held by the Animal Services Manager and Animal Services Supervisor. 11. Cashier Deposit Form

STEP GRANTS

1110.1 PURPOSE The purpose of the STEP grant policy is to outline how the Selective Traffic Enforcement Program Grants will be managed, supervised, operated and recorded. This policy also outlines the duties and expectations of the grant director, supervisors and officers assigned to work the program. The policy also outlines the selection process for officers assigned to the grant as well as delineate how their overtime pay will be organized and recorded. TXDOT requires that all department’s receiving a STEP grant have a policy governing the local process.

1110.2 DEFINITIONS A. STEP Grant Director – The Pearland Police Department supervisor tasked with overseeing any particular STEP grant.

1110.3 PROCEDURES

1110.3.1 STEP GRANT DIRECTOR 1. The STEP Grant Director, for any received STEP grant shall be a supervisor designated by the Chief of Police. The STEP Grant Director will work with detail officers and patrol supervisors to ensure within the law that the agency attempts to meet STEP grant performance measures. 2. The STEP Grant Director is responsible for the organization and maintenance of the actual Grant. The STEP Grant Director oversees the program in its entirety to assure that STEP Grant standards are maintained. The Grant Director schedules officers to work specific STEP details. The Grant Director maintains and reports statistics and goal statements. The Grant Director creates and maintains documentation recording officers working a detail, the number of hours the STEP detail has been worked, as well as the information needed for the grant. The Grant Director is responsible for the submission of grant performance and evaluation reports. The STEP Grant Director is responsible for the after action report, comprising time-sheets, CAD reports and STEP daily officer reports.

1110.3.2 PATROL SUPERVISORS 1. While officers are assigned to the STEP detail, the on duty patrol supervisors will oversee the actions of those officers. Patrol supervisors will insure that STEP officers are not only meeting the current standards and policies of the Pearland Police Department, but will also assure that these officers are meeting the requirements of the STEP program while they are assigned to the detail.

1110.3.3 STEP DETAIL OFFICERS 1. Officers assigned to the STEP program will report directly to the on-duty patrol supervisor and advise them that they are working the detail. Detail officers will enforce the specific offenses deemed necessary by the department and detailed in the Grant.

STEP GRANTS

When working the Grant detail, officers will complete paperwork as required by the STEP Grant Director. Detail officers will turn in all paperwork and forms to the STEP Grant Director by the time they are due. Detail officers will ensure that while they work a STEP grant, that they focus their attention to the purpose of the grant and will be signed on to CAD while working the STEP grant.

1110.3.4 SELECTION OF STEP GRANT OFFICERS 1. The STEP Grant Director will notify officers of dates, times and types of Grants given to the department. 2. Officers wishing to work the details will submit their requests to the STEP Grant Director. 3. Officers requesting to work the detail must meet the following requirements: (a) Must be off the Field Training Program. (b) If the Grant targets speeding, the officer must have attended at least 16 hours of TCOLE approved training in Radar or Lidar. (c) If the Grant targets intoxicated drivers, the officer must be certified to administer the Standardized Field Sobriety Tests. 4. Officers selected to work the detail will be notified by the STEP Grant Director of the dates and times they will be working. 5. STEP Detail Officers will be expected to be on time and to work throughout the detail hours. Officers who are unable to work their scheduled hours for an reason will notify the STEP Grant Director as soon as possible, e-mail is considered an appropriate form of notification.

1110.3.5 STEP GRANT TIME MAINTENANCE 1. STEP detail officers will work the selective traffic details outside their normal duty hours. At no time will an officer receive compensation for working a STEP grant during hours they are otherwise scheduled to work. STEP officers may work up to 12 hours on a STEP Grant or otherwise as directed by the Grant. 2. STEP officers will be paid overtime for the hours worked on a STEP detail. Officers are NOT permitted to take the hours worked for compensatory time. 3. Officers will insure that all of the STEP detail hours they work are turned into their direct supervisor and the STEP Grant Director. Detail officers will complete overtime slips for Grants worked.

Chapter 12 - General Policies

MEDIA POLICY

1200.1 PURPOSE The department recognizes that the public should have accurate, authentic information concerning events that affect the public welfare or the public interest. The public should be informed of departmental actions when it is possible to give such information without interfering with the performance of vital emergency police service or jeopardizing the results of a police investigation.

1200.2 DEFINITIONS None

1200.3 PROCEDURES

1200.3.1 ROUTINE PRESS RELEASES 1. A file shall be maintained by the office of the Public Information Officer of all press releases. Information shall be released to all media representatives upon request by the Chief of Police, Asst. Chief, Division Commander, or other designated personnel. 2. All press releases should be placed on the department server. 3. After an initial release has been made, Communications/Records personnel may release the written media release to any person requesting the information. Communications/Records personnel shall not make additional comments in relation to the news release. Additional questions should be directed to the Public Information Officer or the person preparing the release for a reply. 4. Dispatch personnel may release information to the media regarding traffic conditions due to major accidents or inclement weather. 5. After the press release has been drafted and authorized for release the author of the press release may distribute copies to: (a) Records Division, (b) Dispatch, (c) Police Blotter (press board), or (d) Media Outlets

1200.3.2 PRESS RELEASES IN GENERAL 1. The following information may be released to members of the media: (a) The time and place of arrest (b) The race, sex, and age of the suspect arrested. The suspect’s name and address may be released only after formal charges have been filed or the suspect has been booked in the jail facility. (c) Any resistance, pursuit, or use of weapons.

MEDIA POLICY

(d) Identity of the arresting officers, and the investigating officers so long as this does not compromise an undercover investigation. (e) A general description of evidence seized. Detailed description of evidence should be avoided. (f) The nature, substance, or text of the charge including a brief description of the offense. 2. The following information MAY NOT be released to members of the media: (a) The existence or contents of any written statements, admission of guilt, or confession. (b) Any personal opinion, or any unsubstantiated fact or rumor about any evidence, suspect, crime, event, or situation. (c) The identity of any witnesses nor their anticipated testimony or their truthfulness. (d) The results of fingerprint comparisons, ballistics tests, or any other laboratory tests. (e) Prior arrest records. (f) The names of victims until next of kin have been notified. (g) Any opinion as to the accused’s guilt or innocence, or the possibility of plea- bargaining. (h) The name of any juvenile.

1200.3.3 RELEASE OF INFORMATION FROM POLICE FILES The following information may be release to members of the news media: 1. Accident reports 2. The following information from offense reports: (a) Offense committed (b) Location of crime (c) Complainant (unless a death victim and relatives not notified) (d) Premises involved (e) Time of occurrence (f) Property involved (g) Vehicle involved (h) Description of weather (i) Description of offense (j) Names of investigating officers

MEDIA POLICY

3. Information contained in the police blotter or arrest report. Specifically, name, alias, race, sex, age, occupation, address, physical condition, charge, court in which charge is filed, and bonding information.

1200.3.4 MEDIA PHOTOGRAPHS AND INTERVIEWS IN GENERAL 1. Formal Press Releases (a) When necessary, Public Information Officer, the Chief, Asst. Chief, Division Commander, or other designated parties will make appropriate press releases regarding events that have been investigated or otherwise handled by members of the department. (b) The patrol supervisor is responsible for the preparation of preliminary press releases for significant events occurring after normal business hours. All such press releases are coordinated with and approved by the Public Information Officer, Division Commander, Assistant Chief, or Chief prior to their release. (c) If a personal interview is requested by the news media, the Public Information Officer, appropriate Division Commander, Asst. Chief or Chief of Police will make the determination of whether or not to grant the interview and who will represent the department. (d) Formal news conferences, when necessary, are arranged at the direction of the Public Information Officer or a Division Commander with the approval of the Assistant Chief of Police or Chief of Police. (e) Information released regarding on-going criminal investigations shall be approved by the Chief or Division Commander prior to the release. (f) Every police officer or departmental employee who releases information to the news media shall forward a copy of the release to the Public Information Officer to advise of what information has been released. (g) If a police incident involves mutual aid with another agency, the agency with primary jurisdiction will be responsible for the release of information to the news media. 2. Photographs (a) Members of the news media are allowed to take photographs of prisoners in transit, photograph activities inside the station from public areas; and take photographs of on-scene investigations so long as this activity does not interfere with the police operation, jeopardize safety or violate the right of denial of access into private property by the property owner. (b) Officers may restrict the use of flash bulbs, strobe lights, etc., when their use interferes with the police investigation. (c) Officers shall not pose or otherwise stage for the media the photographing of any prisoner or victim. (d) Members of the media will not be allowed to interview prisoners.

MEDIA POLICY

1200.3.5 CONFIDENTIAL INVESTIGATIONS 1. Requests from the media for information pertaining to Internal Affairs are to be directed to the Assistant Chief of Police. 2. If a matter is still under investigation, a release may be made stating the nature of the allegation and that the allegation is under investigation. 3. If an investigation has been completed, information regarding the nature of the complaint, the officers involved, the name of the complainant, and the final disposition may be released.

1200.3.6 MEDIA RELATIONS IN FIELD SITUATIONS 1. The Pearland Police Department does not issue or revoke news media credentials. Media representatives who possess a current Texas Department of Public Safety Press Card or who are otherwise known to be legitimate media representatives are allowed access to media staging areas. 2. The Division Commander, or the ranking officer on the scene, will determine further access to the scene of the incident based on the following considerations: (a) Will the media representative be exposed to unreasonable danger? (b) Will the media representative’s presence interfere with the police investigation? 3. If the ranking officer decides that the media should be kept from the immediate area of the incident, the media representative shall be so informed. 4. The ranking officer, his designee or Public Information Officer should provide information briefings to the media until such time as the scene is considered safe for entry by the media. 5. Once the scene is secure and safe for media entry, the Public Information Officer, the ranking officer or his designee may conduct an on-scene tour with the media representative if such tour does not interfere with or compromise the investigation. 6. If the police incident takes place on private property, members of the media are not allowed access except with the approval of the owner. 7. Should any officer encounter problems regarding a member of the news media’s lack of cooperation, disregard for a police order or any other unusual incident, the officer shall take appropriate enforcement action and report the incident in writing to the Chief of Police.

1200.3.7 EXCEPTIONAL INCIDENTS 1. Robberies and burglaries of financial institutions - Information that should not be released except when there is an overwhelming need based on the public need to know or to increase the chances of apprehension: (a) The names and addresses of bank officials. (b) The dollar amount of loss. (c) The names and addresses of other bank employees.

MEDIA POLICY

2. Suicides - The department prefers not to release the name of the victim and the method used. However, this is public information and will be released pursuant to Public Information Act requests. 3. Sexual Offenses - The department will not release the names and addresses of the victims of a sexual attack. A pseudonym may be used by the victim. 4. Agency Situations - Information pertaining to any crisis situation within the agency will only be released by the authority of the Chief of Police.

PUBLIC INFORMATION ACT

1201.1 PURPOSE The following principles and procedures under the Texas Public Information Act, will be followed by the Pearland Police Department Records Division.

1201.2 DEFINITIONS Contained within

1201.3 PROCEDURES

1201.3.1 PUBLIC INFORMATION ACT REQUESTS 1. Individuals seeking Public Information Act information directly from the Pearland Police Department should be immediately referred to the Office of the City Secretary. 2. A request will be sent from the City Secretary to the appropriate division regarding the information outlined in the official request. 3. All documents will be collected and sent to the City Secretary’s Office. 4. The City Attorney will review all information for release according to the Open Records Act. 5. Any information that is not subject to release according to the listed guidelines should be highlighted or otherwise flagged for the attention of the City Attorney.

1201.3.2 INFORMATION AVAILABLE TO THE PUBLIC 1. The following list of information contained on the front page of an Offense Report: (a) Offense committed (b) Location of the crime (c) Identification and description of complainant (with the exception of sexual assault victims) (d) Premises involved (single dwelling, two story building, etc.) (e) Time of occurrence (f) Property involved (g) Vehicles involved (h) Description of weather (i) Detailed description of offense (exceptions, See B. 1) (j) Names of investigating officers 2. The following list of information on the Arrest Report of persons currently in jail (jail roster) not criminal histories.

PUBLIC INFORMATION ACT

(a) Name (except juveniles) race, age of suspects (b) Place of arrest (c) Name of arresting officers (d) Offense for which suspect was arrested (e) Date and time of arrest (f) Booking information (g) Count in which charges are filed (h) Notification of any release or transfer (i) Bond information

1201.3.3 INFORMATION NOT AVAILABLE TO THE PUBLIC 1. The following list of information contained within an Offense Report (a) Identification and description of witnesses (b) Synopsis of confession (c) Officers speculations as to suspect’s guilt (d) Officers view of witnesses credibility (e) Statement by informants (f) Ballistic reports (g) Fingerprint comparisons (h) Blood and other lab test results (i) Results of polygraph test (j) Refusal to take polygraph test (k) Paraffin test results (l) Spectrographic or other investigation reports 2. The following list of information contained within a past Arrest Report (personal history files, criminal history) (a) Identifying numbers (b) Name, race, sex, aliases, place and date of birth and physical description with emphasis on scars and tattoos. (c) Occupation, marital status and relatives

1201.3.4 REGULATIONS FOR DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION IN TEXAS 1. Information - Case pending on active court dockets, case status, (pending or non pending) case number, court, charges, prosecutor’s name,

PUBLIC INFORMATION ACT

(a) INQUIRING AGENCY DISSEMINATION Press May Disseminate Public May Disseminate Defense Attorney May Disseminate LE Agencies May Disseminate

2. Exhibiting Rap Sheet to Inquirer,

(a) INQUIRING AGENCY DISSEMINATION Press Nothing Public Nothing Defense Attorney Court Ordered Date LE Agencies May Disseminate

3. Conviction Data generated by your own agency (not obtained from TCIC, NCIC, or FBI Identification Division)

(a) INQUIRING AGENCY DISSEMINATION Press May Disseminate Public May Disseminate Defense Attorney May Disseminate LE Agencies May Disseminate

4. Non-conviction Data (dismissals, no bills, acquittals, and prosecutions indefinitely postponed, arrest with no court activity or disposition for one year).

(a) INQUIRING AGENCY DISSEMINATION Press Nothing Public Nothing Defense Attorney Court Ordered Date LE Agencies May Disseminate

5. Conviction and non-conviction data obtained from TCIC, NCIC, FBI Identification Division, NCIC, out of state of another Texas Criminal Justice Agency.

(a) INQUIRING AGENCY DISSEMINATION Press Nothing Public Nothing Defense Attorney Court Ordered Date LE Agencies May Disseminate

PUBLIC INFORMATION ACT

6. Unexecuted Warrants (warrants that have not been served)

(a) INQUIRING AGENCY DISSEMINATION Press Nothing Public Nothing Defense Attorney Nothing LE Agencies Yes among LE agencies

7. Exempted Records - the following are exempt from provisions of the regulations. Sharing this data is not considered dissemination of Criminal History Record Information. (a) Data in posters, announcements, or lists of apprehended fugitives or wanted persons. (b) Original records of entry maintained by criminal justice agencies, compiled chronologically and required by law or custom to be made public (i.e. police blotters) (c) All court records of public judicial proceedings. (d) All published court or administrative opinions or public judicial, administrative, or legislative proceedings. (e) All records of traffic offenses maintained by DPS or any other state or local agency for the purpose of regulating the issuance, revocation, etc. of motor vehicle licenses.

(f) INQUIRING AGENCY DISSEMINATION Press May Disseminate Public May Disseminate Defense Attorney May Disseminate LE Agencies May Disseminate

INFORMATION AND IT SECURITY

1202.1 PURPOSE Computer systems have become more complex and interconnected, increasing the potential risk with their operations. Because of this complexity, protecting Information Technology Security systems from unauthorized access, use, disclosure, disruption, modification, or destruction is the responsibility of all employees. The confidentiality, integrity and availability of Criminal Justice Information must be maintained to comply with the Criminal Justice Information Services Security.

1202.2 DEFINITIONS A. CJIS Security Policy – The essential premise of the CJIS Security Policy is to provide appropriate controls to protect the full lifecycle of CJI, whether at rest or in transit. The CJIS Security Policy provides guidance for the creation, viewing, modification, transmission, dissemination, storage and destruction of CJI data. The policy applies to every individual-contractor, private entity, noncriminal justice agency representative, or member of a criminal justice entity-with access to, or who operate in support of, criminal justice services and information. B. Criminal Justice Information (CJI) – Refers to the FBI CJIS provided data necessary for law enforcement to perform their mission including, but not limited to data sets housed by the FBI: 1. Biometric Data - used to identify individuals, to include: palm prints, DNA, iris, and facial recognition data, as well as fingerprints. 2. Identity History Data – text data that corresponds with an individual’s biometric data, providing a history of criminal and/or civil events for the identified individual. 3. Person Data – information about individuals associated with a unique case, and not necessarily connected to identity data. Person Data do not provide a history of an individual, only information related to a unique case. 4. Property Data – information about vehicles and property associated with crime. 5. Case/Incident History – information about the history of criminal incidents. C. Criminal Justice Information Services (CJIS) – the home to a range of state-of-the-art technologies and statistical services that serve the FBI and the entire criminal justice community. D. Information System – a discrete set of information resources organized for the collection, processing, maintenance, use sharing, dissemination, or disposition of CJI or PII information. E. Personally Identifiable Information (PII) – any information maintained by an agency that is derived from Criminal History Record Information (CHRI). PII includes, but is not limited to: education, financial transactions, medical history and criminal or employment history and information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, date and place of

INFORMATION AND IT SECURITY

birth, mother’s name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

1202.3 PROCEDURES

1202.3.1 INFORMATION SECURITY 1. All employees are responsible for maintaining the security of any CJI data they have access to. All information obtained thru TLETS/NLETS and TCIC/NCIC is for criminal justice purposes only and is not to be shared with unauthorized personnel. All printouts of CJI data must be kept with the case file at all times. When the material is no longer needed it must be destroyed by shredding 2. Passwords – All personnel must adhere to the City of Pearland password policy in order to protect department systems from unauthorized access. Passwords are not to be written down or shared with others. 3. Personally Owned Information Systems – A personally owned information system shall not be authorized to access, process, store or transmit CJI. Personally owned computers are not allowed access to City computer systems and servers. This does not apply to accessing the agency’s public website that contains purely public information. 4. Publicly-Accessible Computers – Utilizing publicly accessible computers to access, process, store or transmit CJI is prohibited. Publicly accessible computers include but are not limited to: hotel business center computers, convention center computers, public library computers, public kiosk computers, etc. 5. Disposal of Physical Media – Physical media including diskettes, tape cartridges, ribbons, hard copies, printouts and other similar items that must be securely disposed of when no longer required. Physical media shall be destroyed by shredding, destroying or burning. Do not place sensitive data in trash cans. 6. Disposal of Electronic Media – Electronic media such as hard drives will be disposed of by the Information Technology Department following their guidelines for proper sanitizing and/or destruction.

1202.3.2 DEVICE SECURITY 1. All employees are responsible for the physical security of any desktop or laptop they use to access CJI. The CJIS Security Policy requires that all computers with TLETS access be protected from any unauthorized access or routine viewing. This includes network devices, access devices, handheld devices, laptops in vehicles or other outside locations, printed data or stored data. Equipment must be kept in a secured location accessed and viewed only by authorized personnel. 2. Physically Secure Location – A physically secure location is a facility or an area, a room or a group of rooms within a facility with both the physical and personnel security controls sufficient to protect CJI and associated information systems. The physically secure location is subject to criminal justice agency control. A police vehicle is considered a physically secure location.

INFORMATION AND IT SECURITY

3. Securing Desktop Computers – The agency shall control physical access to information system devices that display CJI and shall position information system devices in such a way as to prevent unauthorized individuals from accessing and viewing CJI. It is recommended that desktop computers be locked when an employee is away from their desk and that computers be shut down at the end of each day. Anti- virus and system updates should be installed on a regular basis. 4. Securing Laptop Computers – Laptops with access to CJI data thru Computer Aided Dispatch programs are to be secured at all times to avoid unauthorized viewing of data. They are considered secured in a locked patrol vehicle or inside of a secured facility such as the Public Safety Building or a locked office. When an officer leaves his patrol vehicle it is recommended that the screen be locked. Anytime an officer removes his laptop from his vehicle he is responsible for maintaining the security of the information he is viewing. At no time should CJI data be viewed in a public area. Anti-virus and system updates should be installed on a regular basis.

1202.3.3 INCIDENT REPORTING PROCEDURES 1. There has been an increase in the number of accidental or malicious computer attacks both against government and private agencies. Anytime there is a suspected virus on a computer that accesses CJI data Information Technology Staff must be notified immediately. 2. Follow any instructions IT gives. In most cases shutting down an infected computer can allow a virus to spread once the computer is turned back on. Close any open programs. 3. IT has policies to follow to isolate, identify and remove viruses from computers. They will also notify the TLETS Operations Intelligence Center (OIC) to disconnect the department from TLETS if necessary.

1202.3.4 SECURITY AWARENESS TRAINING 1. Basic security awareness training shall be required within six months of initial assignment, and biennially thereafter, for all personnel who have access to CJI.

CHAPLAINS PROGRAM

1203.1 PURPOSE The difficulties faced by both police officers and citizens in confronting issues of public safety have precipitated an increased awareness of a need for assistance from local clergy in solving community and personal problems. To meet these needs the department will develop and maintain both a Pastoral Assistance Program and a Chaplain’s Program. Through the Pastoral Assistance Program, it will be our policy to maintain a current level of interested clergy who will make themselves available for referrals upon request, making available, ministerial counseling to people who come in contact with the police, but whose problem does not necessarily fall under the category of law enforcement. These services or referrals will include Family Counseling, Counseling of Mentally Disturbed, Potential Suicides, Juvenile Counseling, and Emergency Aid to families in need. Through the Chaplain’s Program, volunteer Chaplains are one more of many resources which can be of great value in dealing with the myriad of stressful situations that our members and citizens face. The goal of the Chaplain’s Ride-a-Long program encompasses the following objectives: • To allow the officers to interface with and experience the immediate assistance from a trained member of the clergy. • To allow qualified local clergy to gain valuable knowledge of police service and problems associated in the community; while building a trusting relationship with officers and an understanding of the stressors faced on a daily basis. • To provide vital emergency assistance to citizens of our community in times of tragedy or emotional dilemmas. • To provide, upon request, counseling, prayer, or referral services. Qualified and approved Chaplains will be allowed and encouraged to ride-a-long with officers, subject to the provisions of this policy.

1203.2 DEFINITIONS A. Chaplain– A cleric or lay representative of a religious tradition attached to the police department.

1203.3 PROCEDURES

1203.3.1 QUALIFICATIONS OF APPLICANT AND BACKGROUND INVESTIGATION 1. Prior to selection as a Chaplain in the Pearland Police Department, applicants must meet set qualifications for the position and voluntarily submit to a thorough background investigation. 2. To make application for a Chaplains position, the person seeking inclusion must:

CHAPLAINS PROGRAM

(a) Submit a letter of request to the Chief of Police. (b) Prepare and submit a resume including but not limited to the following information: 1. Name, age, date of birth; 2. Social security number, State identification and/or driver license; 3. Present address and all addresses in the past 5 years; 4. Synopsis of Ministerial History (including names and addresses of place of service); 5. Educational background; 6. Licenses/certifications currently held; 7. Three references including address and phone numbers (letters of reference are preferred) 8. A letter of ecclesiastical endorsement from a supervising authority. 9. A clear statement of why the applicant would like to be included in the program. 3. The applicant will not be considered if applicant has any felony convictions or a conviction for any offense relative to moral turpitude. Further the applicant will not be considered if convicted of a Class A or Class B misdemeanor within the past three years. 4. The applicant must be a Pastor, Associate Pastor, Rabbi, Priest, Imam, Swami, or hold a commensurate position in a local congregation. Local congregations for the purpose of this policy will be those located within the land area encompassed by the Pearland and Alvin Independent School Districts. Combined training and experience sufficient to demonstrate suitability for service as a police chaplain will be considered on a case-by-case basis. 5. The applicant must be currently licensed, certified, or ordained within a recognized, organized religion or actively pursuing licensure. Denominational or Non- Denominational affiliations shall not preclude selection. 6. The applicant must have at least 3 years of pastoral experience, including counseling. Educational and special training in the area of counseling will be given special consideration. 7. The applicant must have a record of being tactful and considerate in his approach to all people regardless of race, color, creed, gender, sexual orientation, or religion. 8. The applicant must be willing to volunteer at least one day per month in service to the police department. The applicant’s congregation must be willing to allow this participation. 9. The applicant must not now be or ever have been a member of any group dedicated to the overthrow of the Government of the United States.

CHAPLAINS PROGRAM

10. The applicant must not now or have ever been a member of a group or association, which advocates live sacrifices or the use of illegal drugs as part of their worship. 11. The applicant must be willing to attend training and required assignments as deemed necessary by the Chief of Police; including but not limited to: (a) Minimum 16 hours per year in-service training relating to law enforcement chaplain ministry. (b) Field training in a police vehicle. (c) Assignment to dispatch for orientation of radio procedures. (d) Must be willing and able to receive basic Critical Incident Stress Management (CISM) certification within one year of appointment. (e) Must be willing and able to receive basic Police Chaplain certification from the International Conference of Police Chaplains within two years of appointment. (f) All selected Chaplains serve at the will of the Chief of Police. 12. Voluntary Release of Liability prior to being included in the ride-a-long program, all Chaplains must complete and sign Release Form, Assumption of Risk and Covenant not to Sue. This form protects the department from civil liability in case of injury while taking part in the Chaplaincy Program.

1203.3.2 IDENTIFICATION OF CHAPLAINS 1. A. Those persons selected as Chaplains will be issued an identification card. The card will be visible on the outermost garment at all times when the chaplain is in the police complex, riding in a police vehicle, or acting in his/her official capacity as a representative of the Pearland Police Department. 2. Persons selected as Chaplains will also be issued a Chaplain breast badge. This badge is the property of the Pearland Police Department and is to be surrendered upon request or resignation. 3. Use or display of any official identification is restricted to those times when the chaplain finds it necessary to identify himself as an official chaplain of this department. 4. The use of the any departmentally issued identification to secure special favors or gratuities is prohibited and such use may result in the termination of the affiliation. 5. Chaplains are not to represent themselves as peace officers.

1203.3.3 RESTRICTIONS OF CHAPLAINS 1. Police Chaplains are prohibited from assuming any role restricted to licensed Peace Officers. 2. Chaplains must be cognizant that conversations held during counseling, consultation, or referrals are subject to confidentiality rules. 3. When interacting with individuals that are the subject of police action, any conversations, confessions, or any other communications to the Chaplain while participating in the ride-a-long program are not and cannot be confidential. Chaplains

CHAPLAINS PROGRAM

should advise subjects that communications are not confidential before engaging in conversations. 4. Chaplains are required to complete all reports, statements, or other records necessary during participation in the program as may be assigned by a police supervisor. 5. While riding in a patrol vehicle or representing the police department, the Chaplain will be clean and properly dressed in the designated attire. Sport coat and tie or clergy collar if preferred or designated uniform. The clip-on identification will be affixed to the outer most garment and clearly visible. 6. The Chaplain shall be courteous, professional, and conduct him/herself in a manner becoming a Chaplain at all times. 7. The Chaplain shall at no time interfere with any officer while engaged in the performance of the officer’s duty. If the Chaplain has a question as to why a situation was handled in a specific manner, he will wait until both the officer and the Chaplain are away from the scene, prior to making the inquiry. Questions are encouraged and such communication builds trust and understanding. However, questioning in front of complainants or suspects may be detrimental to the effective and efficient control of the situation. The Chaplain will make every effort to support and compliment police work to build mutual trust and loyalty. 8. If the Chaplain finds it necessary to make long distance phone calls as a part of his duties as a Police Department Chaplain, he may go to the Police Department, advise an on duty supervisor or dispatcher, and make the necessary call(s) at the Police Department’s expense. No phone calls will be made from phones outside of the Police Department and charged to the department. If the Chaplain needs to call the police department, the main line number is (281)997-4100 will be used. 9-1-1 is reserved for life threatening emergencies. 9. The Chaplain, while acting as a representative of the police department shall not evangelize in matters other than directly relating to comforting and serving the person in need. 10. The Chief of Police may terminate the Chaplain’s affiliation with the Pearland Police Department for any reason he deems necessary.

1203.3.4 STRUCTURE OF CHAPLAINS PROGRAM 1. The Chief of Police may select by any procedures he deems necessary a suitable number of qualified applicants for the position of Chaplain. Supervisory responsibility within the Chaplain Corps will be made at the discretion of the Chief of Police. 2. The Administrative Services Commander, or a designated volunteer member of the Chaplains program, will be responsible for coordinating training, maintaining the on call roster, and scheduling the ride-a-long program. 3. For purposes of continuity, the Chaplains will report to the Administrative Services Division Commander, or their designee, who will assist in insuring the program’s success.

CHAPLAINS PROGRAM

4. A Chaplain will be on-call 24 hours a day, seven days a week. The Chaplain will be required to respond to requests for action made by any supervisor or the police dispatcher at a supervisor’s direction. If the On Call Chaplain is unable to respond, it is his/her responsibility to contact one of the other Chaplains for his assistance in responding. 5. Chaplains should recognize that the need for a Chaplain may arise during church service hours and make appropriate preparations for such times during their scheduled on-call status. 6. Chaplains should make every effort to respond to requests within 30 minutes of notification. 7. Chaplains shall respond to any scene at the request and discretion of an on-duty police supervisor. 8. The on call list should be made quarterly and be distributed. Copies shall be distributed to: (a) 3 Copies to the Administrative Services Commander (b) Dispatch (c) Chief’s office (d) Roll Call Board (e) Each Patrol Supervisor (f) One copy to each Chaplain 9. Chaplains must be cognizant that while involved in the Ride-A-Long program, they must adhere to instructions and desires of the Police Officer. If for any reason the officer feels that circumstances dictate termination of the ride-a-long for that particular day, the Chaplain must acquiesce to the officer’s instructions. If either party feels actions were improper, such observations shall be reduced to writing and forwarded to the Patrol Commander for review. If not satisfied with the action(s)/decision(s) of the Patrol Commander, such decision may be appealed to the Chief of Police.

Attachments

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