C i n c i n n a t i P o l i c e D e p a r t m e n t STAFF NOTES May 20, 2021 Colonel Eliot K. Isaac, Police Chief Planning Section • Revision to Procedure 19.145, Employee Personnel Jackets Legal Liaison • Amended House Bill Regarding Restraining Pregnant Detainees District Three • Requesting Donated Time for Milton Hampton Police Records Section • Court Holiday – Memorial Day Chief’s Office • S.T.A.R.S. Data • Police Chief’s Commendations for the Week • Thank You Letters Colonel Eliot K. Isaac, Police Chief May 20, 2021 1. REVISION TO PROCEDURE 19.145, EMPLOYEE PERSONNEL JACKETS Procedure 19.145, Employee Personnel Jackets, has been revised to reflect the requirement for district/section/unit commanders to ensure the duplicate medical jacket is hand delivered to Personnel Management upon an employee’s transfer. Inter-departmental mail will not be utilized. This revision is effective immediately. Personnel should review Procedure 19.145 in its entirety. The revised procedure is available on the Department intranet and web page. 2. AMENDED HOUSE BILL REGARDING RESTRAINING PREGNANT DETAINEES Effective immediately: The Staff Note (item #1) from April 22, 2021, regarding Am. Sub. H.B. No. 1, and Training Bulletin #2021-03, Restraining Pregnant Detainees, is rescinded. The Ohio legislature amended the law via substitute House Bill Number 8, signed into law on May 17, 2021. The amendments drastically change the prohibitions against handcuffing or restraining pregnant females prior to booking. These changes apply to all adult and juvenile pregnant females and/or females who are six-week postpartum. The H.B. 8 amendments provide that: The prohibition against handcuffing pregnant/postpartum females DOES NOT APPLY UNTIL: 1. A health care professional has confirmed the pregnancy to law enforcement AND 2. The female has been processed and booked at the Justice Center or the Hamilton County Juvenile Detention Center. What these changes mean for CPD officers: • The law prohibiting the handcuffing of charged and pregnant offenders DOES NOT apply to original arrests or detainments, even if there is a warrant or capias UNLESS the offender has been previously processed and booked (for example, is out on bond). • There is NO REQUIREMENT for officers to notify, request or contact a healthcare provider or any other person or entity to find out if an offender is pregnant, BUT should an officer learn that a healthcare professional has notified another law enforcement agency (sheriff’s office), the officer should consider himself or herself on notice of the pregnancy. • EVEN IF the officer has been notified by a healthcare professional of the pregnancy AND the offender is post-booking, the officer MAY handcuff the offender IF officers determine that the offender (i) presents a serious threat of physical harm to herself, to the official, to other law enforcement or court personnel, or to any other person, (ii) presents a serious threat of physical harm to property, (iii) presents a substantial security risk, or (iv) presents a substantial flight risk. 2 Colonel Eliot K. Isaac, Police Chief May 20, 2021 • Officers are reminded that in no situation is law enforcement permitted to use any leg, ankle, or waist restraint to restrain the pregnant/postpartum female offenders. • While this statute is triggered by notice from a healthcare professional, an officer should still consider all the circumstances when proceeding to handcuff an offender who the officer reasonably believes is pregnant, including 1) the severity of the crime at issue; 2) whether the suspect posed an immediate threat to the safety of the police officers or others; and 3) whether the suspect actively resisted arrest or attempted to evade arrest by flight. • These amendments were intended to remove the civil and the criminal penalties for officers, but there may still be liability. In practice, in the process of making an arrest of a pregnant/postpartum female, an officer should determine the answer to the following questions: 1. Has a healthcare professional notified you or another law enforcement officer of the pregnancy/postpartum status of the offender? 2. Has an RCIC query indicated there are any pending charges and, if there are, has the pregnant/postpartum offender been processed and booked? IF THE ANSWER TO BOTH OF THESE QUESTIONS IS YES, THE OFFENDER CAN ONLY BE HANDCUFFED IF there is a serious risk posed by not handcuffing: serious harm to a person, serious threat to property, substantial security risk, or substantial risk of flight. 3. REQUESTING DONATED TIME FOR MILTON HAMPTON Police Officer Milton Hampton, District Three, has exhausted his leave time balances due to an extended medical leave. Any Department member wishing to voluntarily donate time to Police Officer Hampton should complete the Donation of Time Processing Form, attached to these Staff Notes, and submit it electronically to Angela.Winkfield@cincinnati- oh.gov or forward it through interdepartmental mail to Ms. Angela Winkfield, Finance Management. Be certain to include, a signed copy of the Form 25S with the donation form, as referenced below. Additionally, complete a Form 25S, Request for Leave of Absence, listing Milton Hampton’s name, district/section/unit, the type of time and number of hours being donated. • Sick time may not be donated • Sworn personnel may donate vacation, comp., or holiday time • Civilian personnel may donate vacation or comp. time The donor’s rank and signature must appear on the Form 25S, and it should be submitted through the normal chain of command. 3 Colonel Eliot K. Isaac, Police Chief May 20, 2021 4. COURT HOLIDAY – MEMORIAL DAY The Hamilton County Municipal Court will observe the Memorial Day holiday on Monday, May 31, 2021. All court rooms will be closed. Do not issue any citations requiring a court appearance on this date. 5. S.T.A.R.S. DATA Attached to these Staff Notes is the most current Strategic and Tactical Analytic Review for Solutions (STARS) Data. Department personnel are directed to review this information to ensure they remain familiar with crime patterns and trends occurring within the City and their areas of responsibility. 6. POLICE CHIEF’S COMMENDATION FOR THE WEEK Colonel Eliot K. Isaac, Police Chief, is pleased to recognize the following Department personnel for the exemplary work they have performed: POLICE SPECIALIST DIANA CLOUD POLICE OFFICER DAVID HAYES POLICE OFFICER SHAWN NEWMAN Central Business Section Attached to these Staff Notes are the Official Letters of Commendation issued to the above-named personnel for their dedication to duty and pursuit of excellence as representatives of the Cincinnati Police Department. 7. THANK YOU LETTERS Attached to these Staff Notes are letters of appreciation and praise written to the Police Chief for the professionalism displayed by our Department, specifically the following personnel: Colonel Eliot K. Isaac Lieutenant Colonel Lisa A. Davis Sergeant Eric Franz Police Officer Todd Dawson Police Officer Jeremy Howard Police Officer Carol Walker Police Officer Alexander McCoy Police Officer Katelyn Hoffbauer Police Officer James Mitchell, Jr. Police Officer Sabreen Robinson 4 19.145 19.145 EMPLOYEE PERSONNEL JACKETS References: Procedure 16.111 – Employee Tracking Solution (ETS) Procedure 18.120 – Release of Information and Public Records Manual of Rules and Regulations – 9.26(B) Purpose: To maintain accurate paper records of the performance of each Department employee to be utilized as a resource, in conjunction with ETS records, for career development and management of personnel. Policy: Personnel jackets and medical jackets will be created and maintained for all sworn and civilian Police Department employees. Procedure: A. Personnel Jackets 1. Personnel Management will create all Personnel Jackets. a. Personnel Jackets will be stored and maintained at the Personnel Management. 2. The Personnel Jacket will contain the following: a. Personal history including previous employment and formal education of the employee. b. Promotional information c. Current and previous assignments d. Auto accident information e. Commendations f. Performance ratings g. Disciplinary actions B. Medical Jackets 1. Personnel Management will create and maintain all original Medical Jackets. 2. All districts/sections/units will receive a duplicate Medical Jacket from Personnel Management and maintain the duplicate Medical Jacket for each employee. Revised 05/20/21, Replaces 02/21/13 1 19.145 3. Medical Jackets are considered confidential and are subject to viewing only under the following circumstances when: a. Supervisors may be told about necessary restrictions or accommodations on the work or duties of the employee. b. First aid and safety personnel may be told, when appropriate, if the disability might require emergency treatment. c. Needed for the management of sick leave benefits. d. Government officials investigating compliance with the Americans With Disabilities Act (ADA) must be given relevant information on request. e. The employee who is the subject of the jacket requests to view it. 4. Refer anyone requesting information from the Medical Jacket for any other reason to Personnel Management. 5. Transfer of Personnel a. Upon transfer of an employee, the district/section/unit commander will ensure the duplicate Medical Jacket is hand delivered to Personnel Management (do not utilize inter-departmental mail). 1) Personnel Management will examine all jackets for accuracy and forward the duplicate Medical Jacket to the employee’s next district/section/unit commander. C. Recording Change in Residence, Telephone Number, or Marital Status 1. The office/district/section/unit will record any of the above changes on a Change in Personal Information report (Form 31P). 2. Employee and supervisor signatures are required on all Forms 31P. 3. The employee's unit of assignment will make the necessary changes in its own records. 4. Route the completed Form 31P to the Personnel Management, via the chain of command, for data entry and filing. Revised 05/20/21, Replaces 02/21/13 2 CINCINNATI POLICE DEPARTMENT REPORTING PERIOD ENDING: 05/15/2021 STARS MEETING PROFILE CITY-WIDE CHIEF OF POLICE POPULATION: 303,940 AREA: 77 SQ.