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2025-09-02 - AGE - City Council Regular Meeting September 2, 2025 — 6:30 PM Golden Valley City Hall Council Chambers 1. Call to Order 1A. Pledge of Allegiance and Land Acknowledgement 1B.Proclamation Recognizing 40 Years of Service for Perpich Center for Arts Education 1C.Proclamation Recognizing National Police Woman Day - September 12, 2025 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Meeting Minutes 3B.Approval of City Check Registers 3C. Licenses: 3C.1.Approve Gambling License Exemption and Waiver of Notice Requirement - Ebenezer Society Foundation 3D. Bids, Quotes, and Contracts: 3D.1.Approve Agreement for Mighty Tidy Day Waste Collection with Republic Services 3D.2.Approve Contract for Local Improvement of Lions Park Lighting Replacement with DJ Electric Services Inc. 3D.3.Approve Amendment to Previously Approved Law Enforcement Services Agreement with the HCSO 3D.4.Approve Property Acquisition Agreement for Public Works Facility at 6100 Olson Memorial Highway 3D.5.Approve City of Golden Valley and Three Rivers Park District Cooperative Agreement for the Bassett Creek Regional Trail CITY COUNCIL REGULAR MEETING AGENDA Members of the public may attend this meeting in-person, by watching on cable channel 16, or by streaming on CCXmedia.org. The public can make in-person statements during public comment sections, including the public forum beginning at 6:20 pm. Individuals may provide public hearing testimony remotely by emailing a request to the City Clerk's office at cityclerk@goldenvalleymn.gov by 3 p.m. on the day of the meeting. City of Golden Valley City Council Regular Meeting September 2, 2025 — 6:30 PM 1 3D.6.Approve City of Golden Valley and Hennepin County Construction Cooperative Agreement No. PW 06-13-25 for the Bassett Creek Regional Trail 3D.7.Approve Change Order #1 with Northwest Asphalt for Zane Avenue & Lindsay Street Reconstruction (Proj. No. 23-02) 3D.8.Approve Change Order #2 with New Look Contracting for Ottawa Watermain (Proj. No. 25- 05) 3E.Adopt Resolution No. 25-080 Approving Amendment to Legal Description of Resolution No. 25-060 Final Plat for Hope Second Addition 3F.Adopt Resolution No. 25-081 Approving Ȟaȟá Wakpádaŋ/Bassett Creek Co-Naming Policy 4. Public Hearing - None. 5. Old Business 5A.Adopt Resolution No. 25-076 Adopting Supplement One to GVPD Policy Manual 6. New Business 6A.Review of Council Calendar 6B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment City of Golden Valley City Council Regular Meeting September 2, 2025 — 6:30 PM 2 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 1B. Proclamation Recognizing 40 Years of Service for Perpich Center for Arts Education Prepared By Sara Kasel, Management Fellow Summary Throughout the 2025-2026 school year, Perpich Center for Arts Education will be celebrating its 40th anniversary. Perpich Center for Arts Education's mission is to provide all Minnesota students the opportunity to develop, enhance, and integrate their artistic and academic abilities to their highest potential. Established in 1985 by the Minnesota State Legislature as Minnesota’s state agency dedicated to advancing arts education, Perpich Center has strengthened arts integration and academic achievement in Minnesota schools. The City of Golden Valley formally recognizes and commends the Perpich Center for Arts Education for its significant and lasting contributions to the community and the state. Legal Considerations None Equity Considerations Perpich Center for Arts Education assists all Minnesota students in developing the education and skills needed to achieve their personal goals. Perpich Center programs in arts education address many of the systemic issues affecting student achievement, including social and personal development, equity, and engagement in learning. Perpich Center seeks to foster equity and diversity both in its school and through professional development opportunities provided to Minnesota arts teachers. Closing the achievement gap has been the state’s #1 educational goal for the past years. The agency seeks to create student-centered educational organizations through training its own staff in student engagement and culturally responsive teaching techniques as well as providing opportunities for educator growth via professional development across the state. Recommended Action Present proclamation recognizing Perpich Center for Arts Education's 40 years of service. Supporting Documents Proclamation Recognizing Perpich Center for Arts Education 3 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING 40 YEARS OF SERVICE PERPICH CENTER FOR ARTS EDUCATION WHEREAS, Perpich Center for Arts Education, located in Golden Valley, is Minnesota’s state agency dedicated to arts education; and WHEREAS, Perpich Center for Arts Education - originally named the Minnesota Center for Arts Education - was established in 1985 by the Minnesota State Legislature, at the urging of Gov. Rudy Perpich and First Lady Lola Perpich, and was renamed in Gov. Perpich’s honor following his passing in 1995; and WHEREAS, Perpich Center for Arts Education’s mission is to provide all Minnesota students the opportunity to develop, enhance, and integrate their artistic and academic abilities to their highest potential; and WHEREAS, Perpich Center for Arts Education supports Minnesota schools by enhancing teacher performance through professional development, curriculum resources, and statewide programs in arts and core subjects; and WHEREAS, Perpich Center for Arts Education is celebrating their 40th Anniversary throughout the 2025-2026 school year; and WHEREAS, for 40 years, Perpich Center for Arts Education has demonstrated an enduring commitment to public service by advancing arts education, promoting high standards in teaching and learning, and fostering creativity, collaboration, and community engagement in arts across Minnesota. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby recognize and commend Perpich Center for Arts Education on its 40th Anniversary and expresses sincere appreciation for its lasting contributions to the Golden Valley community and the State of Minnesota. IN WITNESS WHEREOF, I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on September 2, 2025. ___________________________ Roslyn Harmon, Mayor 4 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 1C. Proclamation Recognizing National Police Woman Day - September 12, 2025 Prepared By Brittany Froberg, Police Support Services Supervisor Alice White, Acting Chief of Police Summary National Police Woman Day is observed on September 12, 2025. This annual observance pays special recognition to women law enforcement officers who serve and protect the community with courage, dedication, and dignity. The women officers of the Golden Valley Police Department have chosen the profession of law enforcement and have made the decision to safeguard the rights and freedoms of all members of the community. For this reason, we publicly salute the service of women law enforcement officers in Golden Valley and communities across the nation. The Golden Valley Police Department is proudly staffed by 31% Women officers. Financial or Budget Considerations NA Legal Considerations NA Equity Considerations Women account for a small but growing percentage of police officers. The national average for sworn women police officers is approximately 13%, up from just 3% in the 1970s. The encouraging momentum toward creating a more balanced public safety force is fueled in part by a growing appreciation of certain unique and valuable professional qualities that women often bring to law enforcement. Such qualities are believed to enhance the ability of law enforcement agencies to make a positive impact on the communities they serve. Women officers will continue to find their path in this male dominated field as the culture of policing opens more opportunities for women in policing. Recommended Action Present Proclamation Recognizing National Police Woman Day - September 12, 2025. Supporting Documents Proclamation - National Police Woman Day 2025 5 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING NATIONAL POLICE WOMAN DAY SEPTEMBER 12, 2025 WHEREAS, National Police Woman Day is celebrated each year on September 12th. The day acknowledges and celebrates the contribution of women police officers ; and WHEREAS, the women police officers of the Golden Valley Police Department play an essential role in safeguarding the rights and freedoms of all members of the community; and WHEREAS, it is important that all community members know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, we salute all the women police officers who serve our Golden Valley Police Department and wish a happy National Police Woman Day to all the women who selflessly serve our residents of Golden Valley. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby proclaim September 12, 2025, as National Police Woman Day in the City of Golden Valley. W e call upon all community members to join in commemorating our women police officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and have established for themselves an enviable and endurin g reputation for preserving the rights and security of all individuals. The Golden Valley City Council publicly salutes the service of women law enforcement officers in our community and in communities across the nation. IN WITNESS WHEREOF, that I, Roslyn Harmon, Mayor of the City of Golden Valley have hereunto set my hand and caused the seal of the City to be affixed this 2nd day of September, 2025. ___________________________ Roslyn Harmon, Mayor 6 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3A. Approval of City Council Meeting Minutes Prepared By Theresa Schyma, City Clerk Summary The following minutes are available to view on the City's public Laserfiche site : August 19, 2025 Regular City Council Meeting A direct link to the folder with the documents referenced above is: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1056192&dbid=0&repo=GoldenValley Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to approve City Council meeting minutes as submitted. 7 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3B. Approval of City Check Registers Prepared By Jennifer Hoffman, Assistant Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden- valley.mn.us/WebLink/Browse.aspx?id=1060600&dbid=0&repo=GoldenValley The check register(s) for approval: 08-20-2025 Check Register 08-27-2025 Check Register Financial or Budget Considerations The check register is attached with the financing sources at the front of the document. Each check has a program code(s) where it was charged. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 8 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3C.1. Approve Gambling License Exemption and Waiver of Notice Requirement - Ebenezer Society Foundation Prepared By Theresa Schyma, City Clerk Summary Ebenezer Society Foundation, a 501(c)(3) nonprofit organization, has applied for a Gambling License Exemption to conduct gambling (raffle and pull-tabs) at their Etching Our Future In Stone Celebration event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on October 25, 2025. According to their website "proceeds from the evening will support the Ebenezer Lifelong Learning Program, which keeps the mind, body, and spirit active at any age through the pursuit of knowledge and new experiences." As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Ebenezer Society Foundation to conduct gambling (raffle and pull-tabs) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on October 25, 2025. 9 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3D.1. Approve Agreement for Mighty Tidy Day Waste Collection with Republic Services Prepared By Tim Kieffer, Public Works Director Summary Republic Services is under contract with the City to provide services for curbside recycling and Mighty Tidy Day. Staff requested a quote from Republic Services to provide general refuse collection and disposal at Mighty Tidy Day. Mighty Tidy Day provides residents with an opportunity to dispose of unused or no longer needed items in a responsible manner. Additionally, providing a convenient option for disposal helps reduce illegal dumping along city streets, creeks, parks, and open spaces. Mighty Tidy Day is promoted using the City Newsletter, website, and postcards to inform residents. Financial or Budget Considerations The estimated cost to provide refuse collection is $15,768.38 plus the cost of disposal. The Recycling operating budget (7001.6340) has $18,300 dedicated for Mighty Tidy Day. Additional funding comes from fees collected at the event. Legal Considerations The Legal Department has reviewed and approved the contract. Equity Considerations This event provides residents with economical and sensible refuse disposal services which are essential for public health, safety, and the economic vitality of a community. Recommended Action Motion to approve the Mayor and City Manager to execute the Agreement for Mighty Tidy Day Waste Collection with Republic Services in the form approved by the City Attorney to collect and dispose of refuse. Supporting Documents Agreement for Mighty Tidy Day Waste Collection 10 AGREEMENT FOR MIGHTY TIDY DAY WASTE COLLECTION This Agreement for Waste Collection Services (“Agreement”) is made and entered into this 2nd day of September 2025, (the “Date of Execution”) by and between the City of Golden Valley, a municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”), and Allied Waste Services of North America, LLC d/b/a Republic Services of the Twin Cities - Eden Prairie located at 1010 Dale St. N, St. Paul, MN 55117 -5603 (“Contractor”). W I T N E S S E T H: WHEREAS, Contractor is skilled and experienced in the collection and efficient disposition of certain waste products as defined in section 20 of this Agreement; and WHEREAS, each year the City provides its residents a monitored site to dispose of items that they no longer use and that cannot be donated at an event known as Mighty Tidy Day (“Mighty Tidy Day” or the “Event”); and WHEREAS, the City has selected Contractor to collect, identify, haul, or otherwise dispose of certain Waste Products at Mighty Tidy Day and Contractor wishes to provide such services at Mighty Tidy Day. THEREFORE, the parties agree as follows: 1. Services. Contractor shall exclusively provide those services outlined in the attached Exhibit A (the “Services”) at Mighty Tidy Day event at 101 Brookview Parkway North, Golden Valley, MN 55427 on October 11, 2025, from 8:00 AM to 1:00 PM. Contractor may charge members of the public according to the prices listed in Exhibit A. 2. Collection Procedures. Contractor will provide a collection container or vehicle and personnel to run the collection of Waste Materials at the Event. Contractor’s collection vehicle and staff shall arrive at least 30 minutes prior to the Event. 3. Contractor’s Fee. The City shall, within 30 days of the Event, pay Contractor the amount set forth in the attached Exhibit A (the “Contract Price”) in exchange for Contractor providing the service described herein. All unpaid invoices shall carry interest at a rate of 1.5% per month or, if lower, the maximum rate permitted by applicable state law, until the balance is paid in full. 4. Disposition of Waste Products. Contractor shall be solely responsible for the storage and disposition of collected Waste Products and shall remove all Waste Products it collects from the site no later than 2:00 PM on the day of the event. If Contractor knowingly collects materials banned from disposal in municipal solid waste by the State of Minnesota, Contractor shall be solely responsible for recycling or disposal of items as required by the State of Minnesota at Contractor’s sole cost. All Waste Products handled by Contractor shall become 11 2 the responsibility and property of Contractor . Title to Waste Material shall pass to Contractor when loaded into Contractor’s collection vehicle or otherwise received by Contractor. Title to and liability for any Excluded Waste shall at no time pass to Contractor. 5. Reporting. Contractor shall, within 30 days of the Event, report to the City the weight of Waste Products collected by Contractor at the Event. 6. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement, the following minimum insurance covera ges: a. Comprehensive General Liability. Contractor agrees to maintain commercial general liability insurance in a minimum amount of $500,000 per occurrence; $1,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal injury, advertising injury, and contractually assumed liability. The City, its officers, officials, employees, agents and volunteers shall be named as additional insured. b. Automobile Liability. Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum combined single limit of $2,000,000 per occurrence. c. Workers’ Compensation and Employer’s Liability. Contractor agrees to provide workers’ compensation insurance for all of its employees in accordance with the statutory requirements of the State of Minnesota. Within 10 days of the Effective Date of this Agreement and thereafter upon request, Contractor shall provide a certificate of insurance as proof that the above coverages are in full force and effect. Contractor’s policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. Contractor’s general liability and auto liability policies and certificate of insurance shall be supplemented by blanket-form notice to others endorsements that will provide the City with thirty (30) day written notice in t he event of cancellation, non- renewal or material change. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 7. Indemnification and Hold Harmless. To the fullest extent allowed by Minnesota law, Contractor shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers from any and all liability, claims, demands, suits, penalties, and costs of any kind whatsoever, to the extent arising out of Contractor’s misconduct, negligent acts or omissions or breach of this Agreement. Defense of any action or proceeding shall be at the expense of Contractor by counsel reasonably satisfactory to the City. Notwithstanding anything to the contrary set forth in this Agreement, Contractor shall have no obligation to indemnify, defend or hold harmless City, for any such liability or claim to the extent resulting from the negligence or, willful misconduct by City. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 12 3 8. Taxes. Contractor agrees to save the City harmless from any and all taxes, penalties, fees, or assessments of any kind or nature levied by any political subd ivision upon Contractor by reason of services rendered for disposal under this Agreement. 9. Employee Conduct. All Contractor personnel shall maintain a courteous and respectful attitude toward the public at all times. At no time may they solicit, request, or receive gratuities of any kind. Contractor must direct its employees to avoid loud and profane language at all times during the performance of duties. Contractor shall remove from service any of its employees who engage in misconduct, are incompetent or negligent in the proper performance of duties, or who are disorderly, dishonest, intoxicated, or discourteous. 10. Compliance with Laws and Regulations. Contractor agrees that, in performance of work and services under this contract, Contractor shall qualify under and comply with any and all applicable federal, State and local laws and regulations now in effect, or hereafter enacted during the Term, which are applicable to Contractor, its employees, agents or subcont ractors, if any, with respect to the work and services described herein. 11. Termination and Breach. If either party breaches any material provision of this Agreement and such breach is not substantially cured within thirty (30) days after receipt of written notice from the non-breaching party specifying such breach in reasonable detail, the non- breaching party may terminate this Agreement by giving 30 days written notice of termination to the breaching party. However, if the breach cannot be substantially cured within thirty (30) days, the Agreement may not be terminated if a cure is commenced within the cure period and for as long thereafter as a cure is diligently pursued. Upon termination, the City shall pay Contractor only such charges and fees for the Services performed on or before the termination effective date and Contractor shall collect its equipment, and Contra ctor shall have no further obligation to perform any Services under this Agreement. 12. Severability. Should one or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect. 13. Independent Contractor Status. In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of the City. Contractor shall have exclusive control over the details of the service and work performed and over all persons performing such service and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Contractor shall further be responsible for the compensation and benefits of its employees and for payment of all federal, state, and local taxes payable with respect to any amounts paid to Contractor under this Agreement. 14. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either party to any person, firm, or corporation, without the prior written consent of the other party, which consent shall not be unreasonably withheld, delayed or 13 4 conditioned; provided, however, that a party may assign this Agreement, without consent, to its affiliate or in connection with the sale of its business. 15. Nondiscrimination. In the hiring of employees to perform work under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 16. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in Hennepin County, Minnesota. 17. Access to Records and Data. Subject to advance reasonable written notice, Contractor shall provide access to the City and its agents and auditors, to review collection an d customer service records related to payment received by Contractor in relation to this Agreement. 18. Government Data/Privacy. Contractor agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act (Minn. Stat., Ch. 13) and a ll other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. Contractor understands that all of the data created, collected, received, stored, used, maintained, or disseminated by Contractor in performing tho se functions that the City would perform is subject to the requirements of Chapter 13, and Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of the Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. Notwithstanding, Contractor shall notify the City within 3 business days of any requests for data it receives from the public and shal l not respond to such requests without first conferring with the City. 19. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both Parties. In the event of a conflict between the terms of this Agreement and Exhibit A, this Agreement shall control. 20. Definitions: Excluded Waste. Excluded Waste means: (1) Hazardous Waste; (2) radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or toxic waste as defined by Applicable Law; or (3) any otherwise regulated waste. Hazardous Waste. Hazardous waste includes, but is not limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to RCRA, and including future amendments thereto, and any other Applicable Law. 14 5 Solid Waste. Solid Waste is any nonhazardous solid waste generated at City’s Locations that is not excluded by the provisions of this Agreement. Solid Waste shall not include any Excluded Waste. Waste Products. Waste Products is all Solid Waste that are not excluded by this Agreement. Waste Material does not include any Excluded Waste. Applicable Law. Applicable Law means any applicable law (whether statutory or common), including statutes, ordinances, regulations, rules, governmental orders, go vernmental decrees, judicial judgments, constitutional provisions, and requirements of any kind and nature promulgated or issued by any governmental authority claiming or having jurisdiction. 21. Right to Refuse or Reject Excluded Waste. If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire Waste Container that contains the Excluded Waste. In such situations, Contractor shall contact the City and the City shall promptly undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. In the event Excluded Waste is present but not discovered until after it has been collected by Contractor, Contractor may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a facility authorized to accept such Excluded Waste in accordance with Applicable Law and charge the depositor or generator of such Excluded Waste for all direct and indirect costs incur red due to the removal, remediation, handling, transportation, delivery, and disposal of such Excluded Waste. The City shall provide all reasonable assistance to Contractor to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste and to collect the costs incurred by Contractor in connection with such Excluded Waste. Subject to the City’s providing all such reasonable assistance to Contractor, Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the City. 22. Force Majeure. Except for City’s obligation to pay amounts due to Contractor, any failure or delay in performance under this Agreement due to contingencies beyond a party’s reasonable control, including, but not limited to, strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires, bad weather and acts of God, shall not constitute a breach of this Agreement, but shall entitle the affected party to be relieved of performance at the current pricing levels under this Agreement during the term of such event and for a reasonable time thereafter. The collection or disposal of any increased volume resulting from a flood, hurricane or similar or different Act of God over which Contractor has no control, shall not be included as part of Contractor’s service under this Agreement. In the event of increased volume due to a Force Majeure event, Contractor and the City shall negotiate the additional payment to be made to Contractor. Further, the City shall grant Contractor variances in routes and schedules as deemed necessary by Contractor to accommodate collection of the increased volume of Waste Products. 15 6 23. Equipment. Any equipment Contractor furnishes shall remain Contractor’s property. To the extent City uses Contractor’s equipment, City shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment. 24. Access. City shall provide safe, unobstructed access to the equipment on the scheduled collection day. Contractor may charge an additional fee for any additional collection service required by City’s failure to provide access. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement. CITY OF GOLDEN VALLEY ALLIED WASTE SERVICES OF NORTH AMERICA, LLC D/B/A REPUBLIC SERVICES OF THE TWIN CITIES - EDEN PRAIRIE Roslyn Harmon Mayor Noah Schuchman City Manager Brandon Schuler General Manager 16 7 Exhibit A 17 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3D.2. Approve Contract for Local Improvement of Lions Park Lighting Replacement with DJ Electric Services Inc. Prepared By Greg Simmons, Parks and Recreation Assistant Director Summary The lights at Lions Park are in need of replacement to more energy efficient lighting that enhances safety and useability of the park. A request for proposals for the work was published on July 30, 2025, with proposals due by August 11, 2025. The City received three proposals ranging from $54,790 to $64,000, and staff recommend awarding the contract to the lowest proposal by DJ Electric Services Inc. for $54,790 to remove the current light heads, and provide and install new lights at Lions Park. Financial or Budget Considerations The 2025-2034 Capital Improvement Program Park Section includes $100,000 for Park LED Light Replacements (P-037). Legal Considerations Agreement for Local Improvement has been reviewed and approved by the City Attorney. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to approve contract to replacement the lights at Lions Park in the amount of $54,790 with DJ Electric Services Inc. Supporting Documents Contract for Local Improvement DJ Electric Lions Park Lighting.pdf 18 1 CONTRACT FOR LOCAL IMPROVEMENT THIS AGREEMENT is made this 2 day of September, 2025 (the “Effective Date”) by and between DJ Electric Services Inc. located at 7505 Ocean Avenue NE, Otsego, MN 55330-1166 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of electrical services. B. The City desires to hire Contractor to remove and replace the light heads at Lions Park, Golden Valley, located at 151 Louisiana Ave. N. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B and map as set forth in Exhibit C. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2. Time for Completion. Contractor shall commence Work not later than October 31, 2025. Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s engineer on or before December 31, 2025 (the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor, shall not exceed $54,790.00. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty-five (35) days after receiving a statement from Contractor. 19 2 4. Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the Work. 5. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 6. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 7. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 8. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 9. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 20 3 10. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 11. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 12. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 21 4 13. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 14. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 15. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 16. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 17. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 18. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: 22 5 a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products -completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 19. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 23 6 21. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulatfons in effect as of the date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatfves, and subcontractors shall abide by the City's policies prohibitfng sexual harassment and tobacco, drug, and alcohol use as defined in the City’s Respectiul Work Place Policy, and Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulatfng the conduct of persons on City property, at all tfmes while performing dutfes pursuant to this Agreement. Contractor agrees and understands that a violatfon of any of these policies, procedures, or rules constftutes a breach of the Agreement and sufficient grounds for immediate terminatfon of the Agreement by the City. 23. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 24. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 25. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 26. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 24 7 27. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 29. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 30. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 31. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Greg Simmons, or designee. Contractor’s authorized agent for purposes of administration of this contract is Dan Johnson, or designee who shall perform or supervise the performance of all Work. 32. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY DJ Electric Services Inc. 12537 195th Circle NW Elk River, MN 55330 djelectricsrvsinc@hotmail.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 gsimmons@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 25 8 33. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 34. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 36. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 37. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 38. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 39. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 26 9 IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. DJ ELECTRIC SERIVICES INC.: CITY OF GOLDEN VALLEY: By: _________________________________ Dan Johnson President By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 27 EXHIBIT A SCOPE OF WORK Contractor shall provide the following deliverables at Lions Park located at 151 Louisiana Avenue North, Golden Valley, MN 55426, as more fully described in Exhibit B and Exhibit C: 1. New light heads and additional equipment 2. Labor for removal of existing light heads 3. Labor for installation of new light heads 28 EXHIBIT B SPECIAL CONDITIONS 1. Remove of all existing light pole heads 2. Install 35 trail light pole heads 3. Install 8 hockey rink light heads 4. Install 2 hard surface light heads 5. Install 3 parking lot light heads – Facing West 6. Install 3 parking lot light pole adaptors 7. Ensure all direct burial poles are level before installation of new trail light heads 8. Approval of angle placement of hockey rink and hard surface light heads by the City of Golden Valley 9. Ensure equipment stays on hard surface when possible and repair any damage to hard surface or ground caused by the Contractor. 10. City of Golden Valley to approve shop drawing before any products are ordered 11. Provide warranty specifications information upon completion of project 12. A permit needs to be secured by the contractor before any work can begin Material Specifications; Trail Pole Light Head; 1. RAB (RAB ALED5T52 52W 5000K Outdoor Fixture) Bronze color (Quantity 35) Hockey Rink and Hard Surface Light Heads; 1. CPL (GLEON-SA7C-740-U-T4FT-ADJS-BZ) Bronze color (Quantity 10) Parking Lot Light Heads; 1. KEYSTE (KTALED140PSM20SBPMA8CSBVDIMP) SQ/RND Pole MNT 140w/100w/70w color select (Quantity 3) 2. GENSTRUC (PTAR-4RD-D2-BRZ) Round Pole Adaptor (Quantity 3) 29 EXHIBIT C MAP OF PROJECT AREA 30 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3D.3. Approve Amendment to Previously Approved Law Enforcement Services Agreement with the HCSO Prepared By Alice White, Assistant Police Chief Summary The Golden Valley Police Department is currently collaborating with the Hennepin County Sheriff's Office which provides a Sheriff deputy, occasionally, for supplemental staffing to the Golden Valley Police Department on an as needed basis. Paragraph 3 of the contract date has been amended at the request of the Hennepin county administrator to have a termination date of 12/31/2025. Link to previously proposed agreement that was approved at the July 1, 2025 City Council Meeting Financial or Budget Considerations Due to a contractual pay increase for HCSO staff, there is an increase to the pay scale. Requests for services from HCSO will be heavily monitored and utilized only when necessary to maintain Golden Valley Police Department minimal staffing level requirements. Legal Considerations The Legal Department has reviewed this agreement. Equity Considerations This agreement was previously reviewed and approved for equity. This agreement extension request does not effect the previously approved equity review. Recommended Action Motion to approve amended extension of Law Enforcement Services Agreement with the Hennepin County Sheriff's Office. Supporting Documents HCSO - GVPD - Law Enforcement Services Agreement - signed HCSO - GVPD - Law Enforcement Services Agreement, Amd. 1 (8.18.25) 31 1 Contract No: A2412704 LAW ENFORCEMENT SERVICES AGREEMENT COUNTY Golden Valley 7800 Golden Valley Road, Golden Valley, Minnesota 55427. Pursuant to the foregoing, the parties agree as follows: 1. TERM COUNTY shall provide Services (as defined herein) commencing January 1, 2025 and ending at midnight on June 30, 2025, unless terminated sooner pursuant to the provisions herein. 2. SERVICES AND OBLIGATIONS Pursuant to the terms herein, COUNTY, by and through HCSO, shall exercise best efforts related services for CITY in and around the geographical boundaries of the City of Golden Valley as more Services shall encompass only those duties and functions that are within the jurisdiction of and customarily rendered by HCSO in accordance with applicable law, including but not limited to enforcement, investigation, emergency response, duties authorized by law, proactive patrol, response to calls for public safety services, crime prevention, investigation of criminal activity, assistance with local and state prosecutions, and other agreed upon duties. Unless the parties otherwise agree, COUNTY will make its best effort to provide two deputies, on an overtime basis, to provide Services on behalf of CITY during the dayshift hours of 6:00 am to 6:00 pm throughout the term of this agreement. In the event COUNTY is unable to identify deputies to provide Services for any full or partial shift, no hours will be invoiced for the hours no worked. COUNTY shall not be obligated to perform any minimum HCSO determines necessary to keep the peace and/or fulfill its obligations hereunder, HCSO may performs Services beyond the scope of this agreement. As long as said additional Services are within the scope of Services, the additional services shall be a non-material modification to this Agreement not requiring an amendment so long as the additional Services do not alter the character of the Services contemplated herein. To the extent Services include enforcement of the regulatory ordinances duly adopted by the governing body of the CITY, CITY will provide HCSO with a sufficient number of complete and current copies of said regulatory ordinances. 32 2 HCSO and its assigned Deputies shall work collaboratively with CITY law enforcement personnel. However, the parties expressly acknowledge and agree that HCSO is not responsible for command or control of any CITY personnel, including but not limited to CITY law enforcement personnel. HCSO shall be solely responsible for identifying and supplying Deputies with equipment and supplies necessary to perform Services, including, as HCSO deems appropriate, a seasonally appropriate patrol uniform of the day, service belts, HCSO radio equipment, service weapon, personal soft ballistic body armor, and traffic vests. Deputies shall perform Services and related law enforcement activity, including policies, and procedures as well as applicable law. Unless the parties otherwise agree, HCSO shall be solely responsible for and shall arrange transport and/or booking of any arrested/detained individuals which may include transportation to, and supervision during, necessary medical treatment. For clarification and not limitation, nothing herein is intended to nor shall be construed as modifying, altering, waiving, releasing or otherwise affecting in any manner whatsoever any duties or obligations imposed by nd procedures or by applicable law. HCSO shall be solely responsible for the selection and assignment of Deputies and other personnel to perform the Services. The parties acknowledge and agree that resource availability requires HCSO to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, performing the Services. That prioritization decision belongs solely to HCSO. HCSO may, at any time, HCSO shall be exclusively responsible for deputy performance standards, the discipline of Deputies, and other matters incidental to the performance of Services including the right to control assigned Deputies. CITY shall refer concerns about assigned Deputies, including instances of alleged misconduct or other disciplinary matters, to Major Dan HCSO will retain sole authority and responsibility for discipline of Deputies. In the event of any actual or alleged unusual incidents, emergencies, and/or controversial situations which arise in relation hereto, each party shall immediately report such incidents to the other party and shall immediately cooperate, collaborate, and coordinate with the other party to investigate, remedy and/or respond to the same. For purpose of this paragraph "unusual incident, emergency, or controversial situations" include but are not limited to any actual or alleged assault, sexual assault/misconduct, excessive force, or other act of violence, by a party, a party's personnel or agent(s), a prisoner, or any third party, any escape or attempted escape of a prisoner or any other breach of security, any excessive delay in the transportation of a prisoner, and any refusal of any party to release a prisoner as authorized or directed by applicable law. For clarification and not limitation of the provisions herein, including the Promotional Materials obligations below, the parties shall cooperate, collaborate, and coordinate any outward facing communications regarding any unusual incident, emergency, or controversial situation. 33 3 CITY shall at its sole expense supply any special stationary, supplies, notices or forms which are to be issued by HCSO in the name of the CITY in connection with the Services. HCSO shall provide Services from HCSO owned, operated, or accessible facilities. However, CITY may, in its sole discretion, elect to provide one or more alternative/additional facilities for use by HCSO, including but not limited to providing necessary space, furnishings, utilities and other equipment and services necessary and directly incidental to the existence and operation of said facility. If such facility is established by the CITY and maintained within the geographic limits of the CITY, such and functions beyond performing Services, including law enforcement and other related legal obligations beyond the geographic limits of the CITY, provided, however, that the performance of such duties and functions shall not be at any additional cost to the CITY. 3. PAYMENT FOR SERVICES COUNTY shall invoice and CITY shall pay COUNTY for each hour of Services actually performed hereunder at the rates set forth in Attachment A. CITY shall pay invoiced amounts within thirty (30) days from receipt of the invoice. 4. NO AGENCY RELATIONSHIP The parties agree that nothing herein contained is intended or should be construed in parties hereto or as constituting either party as an agent, representative, or employee of the other for any purposes or in any manner whatsoever. Each party is to be and shall remain an independent contractor with respect to all Services performed under this Agreement. 5. INDEMNIFICATION AND LIMITATION OF LIABILITY intentional, willful or wanton acts, CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees, including but not limited to individual Deputies to the extent they are individually/personally named in any action, from any liability, claims, injury, damages, from federal law, including but not limited to 42 U.S.C. §1983, Monell claims, fees and costs under 42 U.S.C. § 1988, to the extent arising out of, in the course and scope of, and directly and proximately caused by the performance of Services under this or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable, and (iii) against all loss by reason of the failure of CITY to perform any obligation under this Agreement. 34 4 The parties expressly agree that, with respect to the resolution of any matter subject to stipulate to any liability, wrongdoing, negligence, etc., to the other party, without such EXCEPT FOR LIABILITY, CLAIMS, INJURY, DAMAGES, COSTS OR EXPENSES RESULTING LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF THE PARTIES HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORSEEABLE. Liability of the CITY and COUNTY shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466, and other applicable laws. Notwithstanding the above, the CITY shall not be required to defend and indemnify the COUNTY if any individual Deputy fails to cooperate, collaborate, or coordinate with CITY personnel as required by this Agreement. 35 5 6. DATA PRACTICES Each party and its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Minnesota Health Records Act, Minnesota Statutes, §144.291 et seq., the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 7. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 8. DEFAULT AND CANCELLATION If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. may upon written notice immediately cancel or terminate this Agreement in its entirety. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. Any remedies expressly set forth herein, including but not limited to the right to terminate this Agreement, shall be in addition to any other right or remedy available to the party under this Agreement, law, statute, rule, and/or equity. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES AND OBLIGATIONS; NO AGENCY RELATIONSHIP; INDEMNIFICATION AND LIMITATION OF LIABILITY; DATA PRACTICES; DEFAULT AND CANCELLATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 36 6 9. CONTRACT ADMINISTRATION Major Shane Magnuson, 612-348-0333, or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CITY. Alice White Assistant Chief of Police, City of Golden Valley, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, 12-2502, awhite@goldenvalleymn.gov, or successor, shall manage the agreement on behalf of the CITY and serve as liaison between the CITY and COUNTY. Either party may replace such person but shall immediately give written notice to the other party of the name, phone number and fax number (if available) of such substitute person and of any other subsequent substitute person. 10. COMPLIANCE WITH APPLICABLE LAW Each party shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. 11. NOTICES Any notice or demand which must be given or made by a party under this Agreement, or any statute or ordinance, shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the Hennepin County Administrator A2300, Hennepin County Government Center, 300 South Sixth St, Minneapolis, Minnesota 55415 with a copy to HCSO at the address given in the opening paragraph of the Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of the Agreement. 12. MEDIA OUTREACH CITY shall notify HCSO, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by HCSO, by and through the Lead Officer or their designee(s), prior to publication or release. releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and other forms of outreach created by, [Dave] Hutchins derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the services performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 37 7 13. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 38 8 SIGNATURE AUTHORIZATION Reviewed for COUNTY by theCounty Office: By:____________________ Michael Bernard COUNTYOFHENNEPIN STATE OF MINNESOTA By: Grace Helgerson CountyAdministrationClerk HENNEPINCOUNTY OFFICE By: David Hough CountyAdministrator By: ____________________ Patrick Enderlein Chief Deputy HennepinCounty Office CITY OF GOLDEN VALLEY By: _________________________________ Noah Schuchman, City Manager By:______________________________________ Roslyn Harmon, Mayor Date:Date: Date: Date: 02/07/2025 02/20/2025 02/25/2025 02/28/2025 03/05/2025 03/05/2025 39 9 ATTACHMENT A RATES FOR SERVICES I. As further described in the Agreement, COUNTY personnel shall be paid the following hourly rate for each of Services performed hereunder: For Services performed between January 1, 2025 and June 30, 2025 and according to the provisions in the Agreement, the following rates shall apply: Overtime Rate 1) Deputy $95.77/hour 2) Crime Scene Investigator $100.56/hour $105.59/hour 4) Sergeant $116.41/hour 5) Lieutenant $128.34/hour 6) Captain $141.50/hour Notwithstanding the foregoing established rates, the parties expressly acknowledge and agree changes resulting from changes in collective bargaining or other applicable contracts. COUNTY shall give CITY written notice of any applicable adjustment in rates. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 40 Contract No: A2412704 Amendment: 1 Page 1 of 2 AMENDMENT NO. 1 TO AGREEMENT NO. A2412704 This Amendment No. 1 to Agreement No. A2412704 is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, (“COUNTY”), on behalf of the Hennepin County Sheriff’s Office (“HSCO”), and the City of Golden Valley (“CITY”), 7800 Golden Valley Road, Golden Valley, Minnesota 55427. The parties agree that Agreement No. A2412704, including prior amendments if any, is amended as follows: 1. Section 1, TERM, shall be amended to read: “COUNTY shall provide Services (as defined herein) commencing January 1, 2025 and ending at midnight on December 31, 2025, unless terminated sooner pursuant to the provisions herein.” 2. Paragraph 3 of Section 2, SERVICES AND OBLIGATIONS, shall be amended to read: “Unless the parties otherwise agree, COUNTY will make its best effort to provide up to two deputies, on an overtime basis, to provide Services on behalf of CITY during the dayshift hours of 6:00 am to 6:00 pm throughout the term of this agreement. In the event COUNTY is unable to identify deputies to provide Services for any full or partial shift, no hours will be invoiced for the hours not worked. COUNTY shall not be obligated to perform any minimum hours of Services per day. However, upon CITY’s request or as HCSO determines necessary to keep the peace and/or fulfill its obligations hereunder, HCSO may performs Services beyond the scope of this agreement. As long as said additional Services are within the scope of Services, the additional services shall be a non-material modification to this Agreement not requiring an amendment so long as the additional Services do not alter the character of the Services contemplated herein.” This Amendment shall be effective July 1, 2025. Except as herein amended, the terms, conditions and provisions of Agreement No. A2412704, including prior amendments if any, shall remain in full force and effect. 41 Contract No: A2412704 Amendment: 1 Page 2 of 2 SIGNATURE AUTHORIZATION COUNTY: COUNTY OF HENNEPIN Reviewed for COUNTY by STATE OF MINNESOTA the County Attorney’s Office: By: ______________________________ ______________________________ Grace Helgerson Mike Bernard County Administration Clerk Assistant County Attorney Date: _________________________ Date: __________________________ Hennepin County Sheriff’s Office: By: __________________________ ______________________________ Jodi Wentland Patrick Enderlein County Administrator Chief Deputy Hennepin County Sheriff’s Office Date: __________________________ Date: __________________________ CITY OF GOLDEN VALLEY: By: Noah Schuchman City Manager Date: By: Roslyn Harmon Mayor Date: 42 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3D.4. Approve Property Acquisition Agreement for Public Works Facility at 6100 Olson Memorial Highway Prepared By Emily Goellner, Community & Economic Development Director Maria Cisneros, City Attorney Stacie Kvilvang, Ehlers Summary Earlier this year, the City began discussing the opportunity to purchase a property located at 6100 Olson Memorial Highway (the "Property") as a future location of a new Public Works Facility. The owner of the Property is a willing seller. For personal tax reasons, he requested that the City acquire the site through a process commonly referred to as a "friendly condemnation proceeding." Proceeding through friendly condemnation benefits the City by allowing it to take possession of the property in 90 days. It also entitles all tenants of the property to relocation benefits and allows for termination of tenant leases so the City can prepare the site for redevelopment. On June 17, 2025, the City Council authorized staff to proceed with the acquisition process. Based on that direction and authorization, staff negotiated the attached Acquisition Agreement with the seller and is seeking Council approval of the agreement. This approval is required to continue moving forward with the acquisition process. Financial or Budget Considerations All costs associated with acquiring the Property will be paid for with sales tax receipts authorized via the special legislation and affirmative ballot vote by residents of the City in 2023. The City has adequate sales tax receipts available to pay the costs of acquisition and relocation. Costs include the $6.9 million acquisition price, financial consulting fees, legal fees related to the condemnation action, and relocation fees. Legal Considerations See above summary. Equity Considerations City facilities are crucial to the successful operation of public services. Facilities need to address the diverse needs of residents and employees not only today, but decades into the future. Upon acquisition of the site, the City will engage with a design team that will be required to focus on equity 43 considerations in the building and site design. Recommended Action Motion to approve Acquisition Agreement for 6100 Olson Memorial Highway between the City of Golden Valley and PFJ, LLC. Supporting Documents Acquisition Agreement 44 GL135\58\1039635.v3-7/24/25 10398111v2 ACQUISITION AGREEMENT This Acquisition Agreement (“Agreement”) is entered into by and between the City of Golden Valley, a Minnesota municipal corporation (“City”) and PFJ, LLC, a Minnesota limited liability company (“Owner”). (The City and the Owner are collectively referred to as “Parties” and individually as a “Party.”) RECITALS A. Owner is the fee owner of real property located at 6100 Olson Memorial Highway, Golden Valley, MN 55422, and legally described on Exhibit A incorporated herein (“Property”). B. The City having lawful power, jurisdiction and authority to condemn lands under the power of eminent domain and the specific right to take the Property, has determined to undertake a project to construct a new public works facility (“Project”). C. The City Council, by Resolution No. 25-058, found it necessary and for a public purpose to acquire the Property for the Project and authorized the use of eminent domain for purposes of the City’s acquisition of the Property. D. The City had the Property independently appraised, shared the appraisal with the Owner, made an offer to purchase the Property, advised the Owner that it was entitled to obtain its own appraisal and to be reimbursed therefore subject to statutory limits, and negotiated with the Owner in good faith in compliance with Minn. Stat. § 117.036. E. The City has determined to acquire the Property through condemnation and the Parties have agreed to resolve all claims arising from the condemnation on the terms set forth herein. AGREEMENT Now, therefore, in consideration of their mutual promises and other good and valuable consideration, the Parties agree as follows: 1. Recitals. The above recitals are hereby incorporated and made part of this Agreement. 2. Public Purpose/Conditions Precedent. The Owner agrees that taking fee title to the entire Property for the Project under the power of eminent domain (“Taking”) is necessary and for a public purpose. The Owner agrees that the City has satisfied all conditions precedent to using eminent domain and waives all objections to the Taking. 45 GL135\58\1039635.v3-7/24/25 10398111v2 3. Due Diligence. The Parties shall work in good faith to complete the due diligence as follows: a. Title review. The City shall, at its sole expense, perform all title review and due diligence necessary to draft its condemnation petition. The City shall share the results of its title review with the Owner. b. Field title. The Owner shall promptly identify and provide to the City contact information for all lessees and any other known encumbrancers or possessors of the Property that do not appear in the title record. For all lessees on the Property, the Owner will furnish the City with copies of the condemnation clause/terms of their respective leases, if any. c. Investigations. The Owner hereby grants the City a right of entry to the Property upon reasonable notice and at reasonable times to perform surveys, geotechnical and environmental investigations (“Investigations”) the City deems necessary for the Project. The City shall not, however, perform any Investigations that interfere with the rights of lessees without a further written agreement with the Owner. The City shall (i) indemnify and hold harmless the Owner against all costs, expenses, losses, claims, damages and/or liabilities arising from the City’s or any of its agents’, contractors’ or representatives’ negligence or misconduct in connection with any Investigations; (ii) promptly repair any damage resulting from any such Investigations and restore the Property to its condition prior to such Investigations; (iii) not permit any Phase II or otherwise intrusive environmental testing without a further written agreement with the Owner; or (iv) not permit any inspections, investigations or other due diligence activities to result in any liens being filed against the Property and will, at its sole cost and expense, promptly discharge of record any such liens that are so filed or recorded. The City’s obligations under this Section shall survive the Taking or earlier termination of this Agreement. 4. Limited warranty. The Owner warrants that it is the fee owner of the Property and that it has the legal authority to enter into this Agreement. Apart from the warranties and representations expressly stated in this Agreement, the Owner makes no representations or warranties regarding the status of title to the Property or regarding the subject matter of this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR ANY REPRESENTATIONS AND WARRANTIES OF OWNER SPECIFICALLY SET FORTH IN THIS AGREEMENT (THE “OWNER’S WARRANTIES”), THE CITY’S 46 GL135\58\1039635.v3-7/24/25 10398111v2 TAKING OF THE PROPERTY IS MADE AND WILL BE MADE WITHOUT REPRESENTATION, COVENANT, OR WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY) BY THE OWNER. THE CITY AGREES TO ACCEPT THE PROPERTY ON AN “AS IS” AND “WHERE IS” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY, ALL OF WHICH SELLER HEREBY DISCLAIMS, EXCEPT FOR THE OWNER’S WARRANTIES. EXCEPT FOR THE OWNER’S WARRANTIES, NO WARRANTY OR REPRESENTATION IS MADE BY THE OWNER AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, CONDITION, OPERATION OR INCOME, COMPLIANCE WITH DRAWINGS OR SPECIFICATIONS, ABSENCE OF DEFECTS, ABSENCE OF HAZARDOUS OR TOXIC SUBSTANCES, ABSENCE OF FAULTS, FLOODING, OR COMPLIANCE WITH LAWS AND REGULATIONS INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE ENVIRONMENT. THE CITY ACKNOWLEDGES THAT IT HAS ENTERED INTO THIS AGREEMENT WITH THE INTENTION OF MAKING AND RELYING UPON ITS OWN INVESTIGATION OF THE PHYSICAL, ENVIRONMENTAL, ECONOMIC USE, COMPLIANCE, AND LEGAL CONDITION OF THE PROPERTY AND THAT THE CITY IS NOT NOW RELYING, AND WILL NOT LATER RELY, UPON ANY REPRESENTATIONS AND WARRANTIES MADE BY THE OWNER OR ANYONE ACTING OR CLAIMING TO ACT, BY, THROUGH OR UNDER OR ON THE OWNER’S BEHALF CONCERNING THE PROPERTY, EXCEPT FOR OWNER’S WARRANTIES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE INDEFINITELY THE TAKING OR TERMINATION OF THIS AGREEMENT. 5. Condemnation. The City shall proceed with reasonable promptness to condemn the Property under the procedures set forth in Minnesota Statutes Chapter 117 and shall use the “quick-take” procedure authorized by Minn. Stat. § 117.042 (“Condemnation Action”). The City will file with the Hennepin County District Court (the “Court”) a condemnation petition and serve a 90-day “quick-take” notice required by Minn. Stat. § 117.042 and will record a notice of lis pendens. The City shall present its petition to the court and request an order transferring to the City title to the Property and the right of possession on the earliest date permitted under Minn. Stat. § 117.042 (“Quick-Take Date”). 6. Settlement Amount. The County will pay the Owner the sum of $6,900,000.00 (“Settlement Amount”), in the manner described in Paragraph 7 below, in full and final settlement of all claims for damages arising from the Taking that were or could have been made in the Condemnation Action. 47 GL135\58\1039635.v3-7/24/25 10398111v2 7. Settlement Payment. After receipt of the Court’s order approving the Taking, the City shall pay to the Owner or deposit in the court the Settlement Amount on or before the Quick-Take Date. The City will make a direct payment to the Owner (or as otherwise directed in writing by the Owner) if all mortgagees of record have consented in writing to the disposition of the Settlement Amount. In the event of a direct payment, the Owner will furnish to the City all W-9s necessary to disburse the Settlement Amount. 8. Stipulation to Commissioners’ Award. The City and the Owner agree that the court- appointed commissioners shall issue an award pursuant to Minn. Stat. § 117.085 for all damages arising from the Taking in the sum of the Settlement Amount (“Stipulated Award”). The City and the Owner will jointly request the Stipulated Award and will not appeal the Stipulated Award. All known respondents who may claim an interest in the Property will be given due notice of the commissioners’ hearing and of the award that is filed by the commissioners. 9. Owner Acknowledgments. The Owner makes the following acknowledgments: a. Relocation. Owner acknowledges that it will not have to relocate as a result of the Project. The Parties agree that any lessee claims for relocation benefits are beyond the scope of this Agreement. b. Appraisal. Owner acknowledges that it has not disclosed an appraisal in connection with this settlement. 10. Pro-rations. a. General. The City and the Owner will make the pro-rations set forth in this Agreement as a credit or debit to the Settlement Amount. For purposes of calculating pro-rations, unless indicated otherwise below, the City shall be deemed to be in title to the Property, and therefore entitled to any income therefrom and responsible for all expenses thereof, for the entire day upon which the Quick-Take Date occurs. All pro-rations shall be made on the basis of the actual number of days of the year (commencing January 1) and month that shall have elapsed prior to the Quick-Take Date. b. Property Tax and Special Assessments. Owner acknowledges that responsibility for taxes and special assessments on the Property, and any proration thereof, shall be governed by Minn. Stat. § 117.135 and pro-rated as of the date of the filing of the petition in the Condemnation Action. 48 GL135\58\1039635.v3-7/24/25 10398111v2 c. Leases and Operating Expenses. All utility bills, operating expenses (other than taxes and special assessments which shall be paid pursuant to Section 10.b above), base rents and all other charges related to any leases that are not terminated as of the Quick-Take Date shall be pro-rated to the Quick- Take Date and adjusted between the parties accordingly. d. Other. The parties shall pro-rate such other items as are customarily pro- rated in transactions of this nature in accordance with applicable Minnesota law. All pro-rations shall be final as of the Quick-Take Date. 11. Condemnation Contingencies. The Parties agree to the following with respect to potential contingencies during the Condemnation Action: a. Condemnation Denied. In the unlikely event that the Court denies the City’s condemnation petition, this Agreement shall be null and void except for any terms of this Agreement that expressly survive the termination hereof. b. Conveyance of the Property. If the Owner conveys the Property to a third-party before the Quick Take Date and without the City’s written consent to an assignment pursuant to Paragraph 17, below, this Agreement shall be null and void except for any terms of this Agreement that expressly survive the termination hereof. c. Other Party Claims. If the court-appointed commissioners do not issue the Stipulated Award, or if any other party appeals the Stipulated Award, the City reserves the right to defend all claims for compensation in excess of the Settlement Amount. The Owner will cooperate in the City’s defense, including testifying that the Owner agrees that the Settlement Amount is fair and just compensation. The Owner will indemnify the City against any claims that another party is entitled to any Settlement Funds paid to the Owner. 12. Additional Pleadings/Documents. The Parties agree to execute any further stipulations, pleadings, or documents reasonably necessary to complete the Taking and the settlement contemplated by this Agreement. 13. Full and Final Compromise. The terms and conditions of this Agreement constitute a full and final compromise of all claims that were or could have been raised in the Condemnation Action with respect to the Taking, including claims for just compensation, statutory damage remedies, interest, fees, and costs. In consideration of the Settlement Amount and other terms and conditions of this Agreement, the City and the Owner waive and release any and all claims either may have against the other in connection with the 49 GL135\58\1039635.v3-7/24/25 10398111v2 Condemnation Action except for any claims related to the enforcement of this Agreement. The Owner waives any and all rights to further notices, viewings, or hearings regarding the Condemnation Action or any appeals therefrom. 14. Conclusion of Condemnation Action. Upon the conclusion of the Condemnation Action, the City will file a final certificate pursuant to Minn. Stat. § 117.205 and will record the final certificate and a discharge of lis pendens in the Office of the Hennepin County Recorder. 15. Default/Remedies. If either party fails to perform any of the covenants it is obligated to perform under this Agreement or otherwise defaults hereunder, the non-breaching party, following ten (10) days’ written notice to the party in breach, shall have as its sole and exclusive remedies: (a) the right of specific performance of all provisions of this Agreement; or (b) the right to terminate this Agreement (except for any terms of this Agreement that specifically survive the termination hereof, which shall remain in full force and effect). 16. Mutual Indemnification. The City and the Owner shall indemnify each other against, and hold each other harmless from, all third-party claims and liabilities (including reasonable attorneys’ fees in defending against claims) arising out of the ownership, operation, or maintenance of the Property for their respective periods of ownership. Such rights to indemnification will not arise to the extent that: (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question (excluding, however, the cost of collection, including reasonable attorneys’ fees); or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make any claim against any third -party for any amount to be indemnified against as provided in this Section, the indemnified party shall, upon full performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifying party, or, if such rights are not assignable, the indemnified party shall diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. The provisions of this Section shall survive the Taking for a period of twelve (12) months. 17. Costs. Each party shall bear its own costs (including legal fees) incurred in connection with the Condemnation Action and this Agreement. The City will pay all filing and recording fees in connection with the Condemnation Action and this Agreement. 18. Time of Essence. The Parties acknowledge that time is of the essence in this Agreement. 50 GL135\58\1039635.v3-7/24/25 10398111v2 19. Brokers. Each Party represents and warrants to the other that it has not retained a broker with regard to the transaction contemplated by this Agreement, has not incurred an y brokerage commission or finders fees as a result of the transaction, and that no fee is owed to any broker or agency. 20. Assignment. The Owner shall not assign its rights or obligations under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. 21. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the Condemnation Action. 22. Amendment. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be effective unless in writing and executed by both Parties. 23. Binding Effect. This Agreement binds and benefits the Parties and their successors and assigns. 24. Construction. The undersigned confirm that each has read this Agreement, and that each knows and understands its consequences and legal effect. Both Parties were represented by counsel who reviewed and participated in the final drafting of this Agreement and this Agreement shall not be construed against the drafting Party. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 25. Execution. This Agreement may be executed in separate counterparts which, taken together, shall be and comprise one agreement. Counterparts may be delivered via facsimile, pdf, electronic mail, www.docusign.com, or other transmission method and any counterpart so delivered shall be deemed to have been validly delivered and effective for all purposes. 26. Authority. Any person signing this Agreement in a representative capacity represents and warrants by signing this Agreement that it is the signer’s intent to bind the principal being represented to the terms and conditions of this Agreement, that the signer has been authorized to bind the principal to the terms and conditions, and that it is the intent of the principal to be so bound. [Remainder of page intentionally blank.] 51 GL135\58\1039635.v3-7/24/25 10398111v2 OWNER’S SIGNATURE PAGE PFJ, LLC Dated: ______________, 2025 By: Its:____________________________ MOSS & BARNETT Dated: ____________, 2025 _______________________________ Nathan M. Brandenburg (#387180) 150 South Fifth Street, Suite 1200 Minneapolis, MN 55402 (612) 877-5298 Nathan.brandenburg@lawmoss.com 52 GL135\58\1039635.v3-7/24/25 10398111v2 CITY’S SIGNATURE PAGE CITY OF GOLDEN VALLEY Dated: September 2, 2025 By:___________________________ Roslyn Harmon, Mayor By:___________________________ Noah Schuchman, City Manager KENNEDY & GRAVEN, CHARTERED Dated:________________, 2025 _____________________________ Peter G. Mikhail (#249907) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 pmikhail@kennedy-graven.com 53 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3D.5. Approve City of Golden Valley and Three Rivers Park District Cooperative Agreement for the Bassett Creek Regional Trail Prepared By Michael Ryan, City Engineer Summary Three Rivers Park District (TRPD) is leading a cooperative effort with the City of Golden Valley and Hennepin County to construct a new segment of the Bassett Creek Regional Trail. As part of the project, a local trail will be built along Duluth Street from Douglas Drive to Lilac Drive, and from Toledo Avenue to Regent Avenue. The remainder of the regional trail will be constructed along Golden Valley Road between Regent Avenue and Theodore Wirth Parkway. Construction of this project will complete the planned Bassett Creek Regional Trail, providing a continuous off-street trail from French Regional Park in Plymouth, through New Hope, Crystal and Golden Valley that connects to the Grand Rounds Trail at Theodore Wirth Parkway. Project improvements will include a multi-use trail, grading, bituminous surfacing, ADA improvements, retaining walls, and traffic signals. Through this cooperative agreement with TRPD, the City will continue its participation through construction and long-term maintenance of the BCRT as described in this agreement. The terms of this agreement apply to the local trail segments of the project, located along Duluth Street from Douglas Drive to Lilac Drive, and from Toledo Avenue to Regent Avenue. Financial or Budget Considerations The City's estimated cost share under this agreement is $448,185.68. An additional $122,137.78 is estimated in a separate agreement with Hennepin County. The sum of these estimated cost shares is $570,323.46 which is within the $800,000 budget allocated to the associated S-051 Bassett Creek Regional Trail ADA Improvements CIP item. Legal Considerations This agreement has been approved by the City Attorney's office. Equity Considerations The City’s work to help complete the Bassett Creek Regional Trail aligns with the Community Development Department's equity lens by: 1. Centering people, place, environment, and their interconnection through the construction of a 54 regional trail that provides accessible, multi-modal transportation options. The trail connects key destinations in the community and reduces the reliance on motor vehicles that emit greenhouse gases and contribute to air, water, and noise pollution. 2. Providing infrastructure that alleviates social, environmental, and economic disparities. The cost of purchasing and maintaining can be a significant burden that disproportionately affects low- and moderate income communities. The Bassett Creek Regional Trail provides alternative transportation options that can help reduce the need for vehicle ownership and maintenance. 3. Through partnerships with Three Rivers Park District and Hennepin County, this work strengthens and creates infrastructure that is resilient, relevant, and reflective of the community. Multi-modal transportation systems provide diverse mobility options that can improve community resiliency, and they support infrastructure resilience by reducing vehicle wear on City streets. The Bassett Creek Regional Trail is also consistent with the City's Equity lens by eliminating disparities and barriers to opportunities, resources, and services in the City. Recommended Action Motion to Approve City of Golden Valley and Three Rivers Park District Cooperative Agreement for the Bassett Creek Regional Trail. Majority Vote Needed. Supporting Documents Cooperative Agreement - BCRT 20250902.pdf 55 City of Golden Valley and Three Rivers Park District Cooperative Agreement This agreement (the “Agreement”) is made and entered into this 2nd day of September 2025, by and between the Three Rivers Park District, a body corporate and politic and a political subdivision of the State of Minnesota (“Park District”), and the City of Golden Valley, a Minnesota municipal corporation (“Golden Valley”). RECITALS: WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate, and maintain park facilities and regional trail systems; and WHEREAS, Golden Valley desires to connect Golden Valley’s trail system to the Park District’s Bassett Creek Regional Trail in one (1) unique location as shown on attached Exhibit A; and WHEREAS, Park District was awarded federal grant SP 091-090-088 that includes the Golden Valley local trail connection; and WHEREAS, Golden Valley is financially responsible for the design, easement acquisition, construction, construction administration of the trail connection, and non- participating funds (located between Douglas Drive and Regent Avenue, hereinafter called the “Trail Connection”); and WHEREAS, the Park District will administer the design, easement acquisition, construction, and construction administration of the Trail Connection; and WHEREAS, upon final inspection and acceptance of the Trail Connection, Golden Valley will maintain full ownership and maintenance rights and obligations of the Trail Connection. NOW, THEREFORE, the Park District and Golden Valley, in consideration of the premises and agreements herein contained, agree as follows: A. Representatives 1) Golden Valley hereby designates Michael Ryan, City Engineer, to serve as Golden Valley Representative (hereinafter called the “Golden Valley Representative”). 2) Park District hereby designates Josh Bowe, Senior Manager of Engineering, to serve as Park District Representative (hereinafter called the “Park District Representative”). 3) Golden Valley and Park District Representatives are authorized to review and approve final design, design modifications, field changes, and change 56 2 orders including changes which result in a greater financial contribution of Golden Valley. B. Design and Construction 1) The Park District shall be responsible for design, easement acquisition, construction, and construction administration of the Trail Connection. 2) The Park District shall transfer easement rights acquired for the Trail Connection to Hennepin County. 3) Design of the Trail Connection and related trail structures shall be in accordance with typical standards and guidelines of the Park District and federal aid requirements. 4) The Park District shall provide notice to Golden Valley of Trail Connection construction commencement. 5) The Park District shall consult Golden Valley Representative regarding construction issues and reasonable modifications to the work in progress. However, the Park District is ultimately responsible to review, address and approve field changes and change orders except as provided herein. Field changes and change orders, including detours placed during construction which have not been previously approved by the City, must be reviewed and approved by Golden Valley Representative, provided that approval is not unreasonably withheld or delayed. However, the City shall not be responsible for, and shall not reimburse the Park District for, any field changes or change orders that (a) are not necessary to complete the construction of the Bassett Creek Regional Trail in accordance with the approved 100% design plans, or (b) the City deems unreasonable, outside the intended scope, or not aligned with the agreed project purpose. 6) The Park District shall schedule a final inspection walkthrough with Golden Valley Representative prior to the completion of the Trail Connection project. Upon correction of any concerns identified in the final inspection walkthrough, the Park District shall notify Golden Valley in writing, indicating completion of the Trail Connection project. C. Termination. This Agreement may be terminated by Park District or City by mutual agreement or as otherwise provided in this Agreement. This Agreement shall be terminable by either party upon a material breach by the other party. The provisions of Section H survive termination with respect to claims that arise from actions or occurrences that occurred prior to termination. D. Financing 1) Golden Valley is responsible for Professional Fees and Acquisition Costs related to the Local Trail Connection project including, but not limited to, design, easement acquisition, construction administration, construction federal match, permitting, testing, and other miscellaneous Professional fees as described. Golden Valley is responsible for costs related to the Non- 57 3 Participating Construction Funds as described below and shown in Exhibit B: a. The Park District procured Hennepin County Cost Participation funding for the Local Trail Segment in the amount of $430,000 for Design Engineering, Construction Engineering (Construction Administration), and Construction. The Hennepin County Cost Participation funding will offset Golden Valley’s funding responsibilities. b. At a minimum, Golden Valley is responsible to reimburse the Park District for 50% of the design and easement acquisition Professional fees, 100% of the easement Acquisition Costs to property owners, 50% of the construction administration fees, 50% of the construction federal match, and 100% of the Golden Valley Non-Participating Construction Funds. i. Design and Easement Acquisition: Golden Valley is responsible for $278,000 for the design and easement acquisition fees. Easement acquisition fees include all consulting fees required to obtain temporary and permanent easements, which include right-of-way agent fees, appraisal fees, property owner negotiations, easement staking, easement and easement abstract development, mailings, and recording fees. Hennepin County Cost Participation covers $139,000. Golden Valley will pay $139,000. ii. Easement Acquisition: Golden Valley shall reimburse the Park District for 100% of the easement acquisition payments to property owners. The easement acquisition costs are $66,000. iii. Construction Administration: Golden Valley is responsible for the estimated construction administration fee of $89,284. Hennepin County Cost Participation covers $68,549.16. The Golden Valley estimated construction administration fee responsibility is $20,734.84. The Parties understand and agree this amount may increase or decrease once the final construction administration contract is developed and the actual construction administration cost is known. iv. Construction: Golden Valley is responsible for the required construction match for the Local Trail segment. The available federal funding will be divided equally by percentage between the Local Trail, Regional Trail, and Regional Trail Extension Segments based on the low bidder’s contract. The low bidder’s contract allocates federal funds to cover 62.13% of each trail segment. The Local Trail Segment low bidder’s contract is $1,174,835.91, with federal funding covering $729,934.23, Hennepin County Cost Participation covering $222,450.84, and Golden Valley’s responsibility being $222,450.84. The Parties understand and agree that the Estimated Construction Cost amount is based on quantities and unit prices and may increase or decrease based on the final quantities as measured by the Park District Engineer’s designated representative after project construction and shall govern in computing the total final contract construction cost. 58 4 v. Golden Valley Non-Participating Construction Funds: Golden Valley is responsible for 100% of the additional work in Schied Park that constitutes non-participating funds. The low bidder’s contract for Schied Park work is $15,886.82. The Parties understand and agree that the Estimated Construction Cost amount is based on quantities and unit prices and may increase or decrease based on the final quantities as measured by the Park District Engineer’s designated representative after project construction and shall govern in computing the total final contract construction cost. c. Golden Valley shall provide final payment in full for the design and easement acquisition costs and easement acquisition payment reimbursement at completion of project design and easement acquisition. d. Golden Valley shall provide final payment in full for the construction administration, construction match, and non-participating construction costs for the Golden Valley Share as described herein at final completion of the construction project. E. Maintenance of Trail The Park District shall have no responsibility for renovation, replacement, repair, maintenance or upkeep of the Trail Connection. These responsibilities shall be defined in a separate agreement No. PW 06 -13-25 between the City and Hennepin County. The City shall have no responsibility for renovation, replacement, repair, maintenance, or upkeep of the remainder of the Bassett Creek Regional Trail and Bassett Creek Regional Trail LRT Extension. These responsibilities shall be defined in a separate agreement No. PW 05-44-25 between the Park District and Hennepin County. F. Signage Golden Valley shall be responsible for providing signage for the Trail Connection if desired by the City, and shall obtain necessary permits from Hennepin County required for said signage. The cost, installation, and maintenance of Trail Connection signage shall follow City and Hennepin County policies including the terms of legal agreements established for Trail Connection signage between the City and Hennepin County. G. Indemnification Golden Valley and the Park District each shall indemnify, defend and hold harmless the other from any loss, liability, cost, damage and claim arising from any act or omission on the part of its officers, employees, agents, contractor or representatives in connection with the use, occupancy, development, operation, maintenance and repair of the trail, including any attorney fees and expenses incurred in defending any such claim. Nothing herein shall change or otherwise affect the liability limits established under Minn. Stat. Chapter 466, as amended. The liability limitations established in Minn. Stat. Chapter 466 shall apply to undertakings pursuant to this Agreement, and no individual or entity may seek to increase recovery beyond the statutory amounts set forth 59 5 in Minn. Stat. Chapter 466 by attempting to aggregate the statutory amounts applicable to the Park District or Golden Valley. H. Successor and Assigns The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither Golden Valley nor the Park District shall have the right to assign its rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party hereto. I. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. 60 6 IN WITNESSETH WHEREOF, the parties have made and executed this Agreement the day and year first written above. THREE RIVERS PARK DISTRICT Dated: , 2025 John Gibbs, Board Chair Dated: , 2025 Boe R. Carlson, Superintendent and Secretary to the Board City of Golden Valley Dated: , 2025 By: Roslyn Harmon Its: Mayor Dated: , 2025 By: Noah Schuchman Its: City Manager 61 7 Exhibit A 62 8 Exhibit B 63 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3D.6. Approve City of Golden Valley and Hennepin County Construction Cooperative Agreement No. PW 06-13-25 for the Bassett Creek Regional Trail Prepared By Michael Ryan, City Engineer Summary Hennepin County and the City of Golden Valley are participating in a cooperative effort, along with Three Rivers Park District as the project lead, to construct a new segment of the Bassett Creek Regional Trail. As part of the project, a local trail will be built along Duluth Street from Douglas Drive to Lilac Drive, and from Toledo Avenue to Regent Avenue. The remainder of the regional trail will be constructed along Golden Valley Road between Regent Avenue and Theodore Wirth Parkway. Construction of this project will complete the planned Bassett Creek Regional Trail, providing a continuous off-street trail from French Regional Park in Plymouth, through New Hope, Crystal and Golden Valley that connects to the Grand Rounds Trail at Theodore Wirth Parkway. Project improvements will include a multi-use trail, grading, bituminous surfacing, ADA improvements, retaining walls, and traffic signals. Through this cooperative agreement with Hennepin County, the City will continue its participation through construction and long-term maintenance as described in this agreement. The terms of this agreement apply to the regional trail segment of the project, located along Golden Valley Road from Regent Avenue to Theodore Wirth Parkway. Financial or Budget Considerations The City's estimated cost share under this agreement is $122,137.78. An additional $448,185.68 is estimated in a separate agreement with Three Rivers Park District. The sum of these estimated cost shares is $570,323.46 which is within the $800,000 budget allocated to the associated S-051 Bassett Creek Regional Trail ADA Improvements CIP item. Legal Considerations This agreement has been approved by the City Attorney's office. Equity Considerations The City’s work to help complete the Bassett Creek Regional Trail aligns with the Community Development Department's equity lens by: 1. Centering people, place, environment, and their interconnection through the construction of a regional trail that provides accessible, multi-modal transportation options. The trail connects 64 key destinations in the community and reduces the reliance on motor vehicles that emit greenhouse gases and contribute to air, water, and noise pollution. 2. Providing infrastructure that alleviates social, environmental, and economic disparities. The cost of purchasing and maintaining can be a significant burden that disproportionately affects low- and moderate-income communities. The Bassett Creek Regional Trail provides alternative transportation options that can help reduce the need for vehicle ownership and maintenance. 3. Through partnerships with Three Rivers Park District and Hennepin County, this work strengthens and creates infrastructure that is resilient, relevant, and reflective of the community. Multi-modal transportation systems provide diverse mobility options that can improve community resiliency, and they support infrastructure resilience by reducing vehicle wear on City streets. The Bassett Creek Regional Trail is also consistent with the City's Equity lens by eliminating disparities and barriers to opportunities, resources, and services in the City. Recommended Action Motion to Approve City of Golden Valley and Hennepin County Construction Cooperative Agreement No. PW 06-13-25 for the Bassett Creek Regional Trail. Majority Vote Needed. Supporting Documents Construction Cooperative Agreement PW 06-13-25.pdf 65 Agreement No. PW 06-13-25 County Project No. 2211003 County State Aid Highway No. 66 City of Golden Valley County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT This Agreement is made between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “County”, and the City of Golden Valley, a Minnesota municipal corporation, hereinafter referred to as the “City”. The County and the City collectively are referred to as the “Parties”. Recitals The following Recitals are incorporated into this Agreement. 1.Three Rivers Park District (the “Park District”) in coordination with the County and the City desire to improve safety, mobility, accessibility and extend the trail system along County State Aid Highway (CSAH) 66 (Duluth Street/Golden Valley Road) between Douglas Drive (CSAH 102) and Theodore Wirth Parkway, within the corporate limits of the City, which shall hereinafter be referred to as the “Project”. The local trail is from Douglas Drive (CSAH) 102 to Regent Avenue (“Local Trail”) and the Regional Trail is from Regent Avenue to Theodore Wirth Parkway (“Regional Trail”), as illustrated in Exhibit B (Project Layout). 2. The County desires to construct traffic signal systems and multimodal improvements at the intersections of CSAH 66 at Noble Avenue and Hidden Lakes Parkway to improve safety, mobility, and accessibility within the corporate limits of the City as part of County Project (CP) 2211003 (the “County Project”). The County Project is included in the Project under a separate Construction Cooperative Agreement (Hennepin County Agreement No. PW 05-44-25) between the County and the Park District. 3. The City agrees to cost participate in the County Project to reimburse the County for certain construction costs as shown in Exhibit A, Division of the Cost Summary, as described herein. 4.The Park District is the lead agency in Project design, engineering and construction administration, and is responsible for acquiring all necessary right of way and/or other governmental agency-required permits for the Project. 5. The County and the City enter into this Agreement to memorialize the partnership and to outline each party’s ownership and financial responsibilities, maintenance responsibilities, and associated costs for the Project. 1 66 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 6. This Agreement is entered into by the Parties under the provisions of Minnesota Statutes Section 162.17, Subdivision 1, and Section 471.59. Agreement NOW, THEREFORE, the Parties agree as follows: 1. Term of Agreement, Survival of Terms, and Exhibits. Effective Date. This Agreement is effective as of the date of the final signature. Expiration Date. This Agreement will expire after the date in which all obligations have been satisfactorily fulfilled. Survival of Terms. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: Maintenance Responsibilities, Records/Audits, Indemnification, Insurance, Worker Compensation Claims, Cancellation, Termination, and Minnesota Laws Govern. Exhibits. All exhibits are attached and incorporated into this Agreement. 1.4.1 Exhibit A (Engineer’s Estimate and Division of Cost Summary) 1.4.2 Exhibit B (Project Layout) 1.4.3 Exhibit C (Drainage Ownership and Maintenance Responsibilities) 1.4.4 Exhibit D (Project Plan Title Sheet) 2. Project Construction. Contract Award and Administration. Not applicable to this Agreement. The Park District is leading the Project under separate agreements. Plans and Specifications. 2.2.1 Design Work. Not applicable to this Agreement. The Park District is leading the Project under separate agreements. 2.2.2 Plan Numbers (S.A.P.#/S.P.#). The plans and specifications for the Project are referenced and identified as S.P. #027-030-055; S.P.# 091-090-088; S.P.#128- 020-019. 2 67 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 Construction Supervision and Inspection. Not applicable to this Agreement. The Park District is leading the Project under separate agreements. Right of Way/Permit. 2.4.1. Right of Way Acquisition. The Park District is leading the Project under separate agreements. Upon completion of the Project, the Parties understand that the Park District will convey to the County all permanent right of way easements acquired for the County highway included in the Project under Agreement PW 05-44-25. 2.4.2. Access Rights and Permits. Not applicable to this Agreement. The Park District is leading the Project under separate agreements. 2.4.3. Right of Way Cost. The City shall participate in the right of way cost for the County Project as provided herein. The Parties understand and agree that the City’s share of the County Project right of way cost is fifty percent (50%) of the County’s actual right of way cost incurred for the County Project (“City’s Right of Way Cost”). As further described in Exhibit A, the City’s Right of Way Cost is currently estimated to be $4,150.00. Traffic Signal. The Project will revise four (4) traffic signal systems on CSAH 66 at the intersections of Noble Avenue (System ID# 8008900), Hidden Lakes Parkway (System ID# 8023400), CSAH 102 (Douglas Drive) (System ID# 8007300), and Lilac Drive (System ID# 8030700), collectively (the “Signal Systems”). The County Project will require a new signal cabinet equipped with controller, video detection equipment, emergency vehicle preemption detectors, and required accessories to be installed as a part of the County Project at the intersections of CSAH 66 and Noble Avenue, and CSAH 66 and Hidden Lakes Parkway. The County will furnish the equipment described herein to the Park District and the City agrees to reimburse the County for the County’s costs for equipment (“City’s Traffic Signal Equipment Cost”). the City’s Traffic Signal Equipment Cost is currently estimated at $4,290.00. 2.5.1 Electrical Power. The City, at no cost to the County, shall work with the Park District to: (1) install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the permanent traffic control systems and integral streetlights included in the County Project and (2) shall provide the electrical power for the operation of all permanent and temporary traffic control signal systems and integral traffic signal pole mounted luminaires installed as a part of the County Project. 2.5.2 Emergency Vehicle Preemption (EVP). The EVP Systems shall be managed and maintained by the County. 3 68 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 2.5.2.1 Emitter units may be installed and used on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. 2.5.2.2 The City shall report malfunctions of EVP systems to the County immediately after discovery of the malfunction. 2.5.2.3 In the event the EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. 2.5.2.4 All timing of the EVP Systems shall be determined by the County. Street Lighting. The City, at no cost to the County, shall provide the electrical energy for the operation of all streetlights installed as part of the Project. 3. Cost Participation. In addition to the City’s cost participation for the City’s Right of Way Cost as stated in Subsection 2.4.3, and the City’s Traffic Signal Equipment Cost as stated in Subsection 2.5, the City shall participate in the County Project contract construction costs (“Contract Construction Costs”), County Project design engineering fees (“Design Engineering Costs”), and County Project construction administration fees (“Construction Engineering Costs”), collectively (“City’s Cost Participation”), all as provided herein. Contract Construction Costs and Exhibit A Unit Prices. The City’s Cost Participation shall include the Contract Construction Costs for the County Project as set forth in the estimated Division of Cost Summary shown in Exhibit A. For informational purposes only, the City’s share in Contract Construction Costs is currently estimated to be $34,453.87. The respective proportionate shares of the pro-rata pay items included in Exhibit A shall remain unchanged throughout the life of this Agreement. The Parties each understand and agree that the amount as shown in Exhibit A is an estimate of the Contract Construction Costs on the County Project and the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Park District Engineer's designated representatives shall govern in computing and apportioning the Parties’ total final Contract Construction Costs for the County Project. The final quantities as measured by the Park District Engineer's designated representatives for contract pay items in which the City is participating shall be subject to the review and approval by the City Engineer. Design Engineering and Construction Engineering Costs. The City’s Cost Participation shall also include reimbursement to the County for the City’s proportionate share of the Design Engineering Costs and the Construction Engineering Costs for the County Project. The City’s share of the Design Engineering Costs shall be equal to twelve percent (12%) of the total final amount of the City’s share of the Contract Construction Costs for the County Project. For informational purposes only, the City’s share in Design Engineering Costs is currently estimated to be $41,344.65. The City’s 4 69 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 share of the Construction Engineering Costs shall be equal to ten percent (10%) of the total final amount of the City’s share of the Contract Construction Costs for the County Project as specified in Subsection 3.1 above. For informational purposes only, the City’s share in Construction Engineering Costs is currently estimated to be $34,453.87. The Parties understand and agree that the City’s proportionate shares of the Design Engineering and Construction Engineering Costs as listed in Exhibit A are estimated, and the City’s actual proportionate shares will be computed using the total final amount of the City’s share of the Contract Construction Costs for the County Project. 4. Payment. Amount Due. The City agrees to pay the City’s Cost Participation amount as described herein. When to Invoice. After an award by the Park District to the successful bidder on the Project, the County shall invoice the City for fifty percent (50%) of the City’s Cost Participation for the County Project. After June 1, 2026, the County shall invoice the City an additional forty five percent (45%) of the City’s Cost Participation for the Project. The City’s Cost Participation shall be based be based on actual contract unit prices applied to the estimated quantities shown in the plans. Pay to the Order of. Payments shall be made to the County, in the name of the Hennepin County Treasurer, by the City for the full amount due stated on the invoices within forty-five (45) days of the invoice date. Where to Send Payment. The payment should include the date, the name of the County’s project manager (Mr. Joshua Jansen, P.E.), project name and county project number (C.P. 2211003). Payment and supporting documentation should be mailed to the following address: Hennepin County Accounts Receivable Mail Code 131 300 South 6th St Minneapolis, MN 55487 Supplemental Agreement or Change Order. In the event the Park District Engineer or the Park District's staff determines the need to amend the construction contract with a supplemental agreement or change order which results in an increase in the contract amount for the County Project, the City hereby agrees to remit within forty five (45) days of notification by the County or Park District of the change an amount equal to ninety five percent (95%) of the estimated City’s shares as documented in the supplemental agreement or change order. Final Amount Due. The remainder of the City’s shares in the engineering and contract construction costs of the County Project, including additional costs resulting from supplemental agreements and change orders, will be due to the County upon acceptance 5 70 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 by the County’s construction engineer of all the construction work performed by the Park District’s construction contractor and submittal of the Park District Engineer's final estimate for the County Project to the City. Remaining Balance. Upon final payment to the Park District by the County, any amount remaining as a balance in the deposit account will be returned to the City, within 45 days, on a proportionate basis based on the City’s initial deposit amount and the City’s final proportionate share of the County Project costs. Likewise, any amount due the County from the City upon final payment by the County shall be paid by the City as its final payment for the construction and engineering costs of the County Project within forty-five (45) days of receipt of an invoice from the County. 5. County Permit Issuance. The County reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County Highways included in the Project for any installation of underground utilities which would be considered as new work. Such permit issuance will not be unreasonably withheld and preference will be given to City public safety projects. Service cuts shall be allowed for the maintenance and repair of any existing underground utilities. 6. No Parking. No Parking and Its Enforcement. As part of the Project, “No-Parking” signs shall be installed as represented in the plans. In addition to the City’s cost participation as provided elsewhere in this Agreement, the City, at its expense and according to its practices, shall provide the enforcement for the prohibition of on-street parking on those portions of county road constructed under this Project recognizing the concurrent jurisdiction of the Golden Valley Police Department and the Sheriff of Hennepin County. Parking Restriction Modification. No modification of the above parking restrictions shall be made without first obtaining an approval from the County Highway Engineer permitting the modification and in accordance with the funding requirements of the Project. In addition to the City’s cost participation as provided elsewhere in this Agreement, the City shall, at its own expense, remove and replace city-owned signs that are within the construction limits of the Project if requested by the County's Project Engineer. 7. The City’s Maintenance Responsibilities. Upon completion of the Project, the City shall provide year-round maintenance at its sole cost as outlined below. Roadways. Maintenance of City streets intersecting CSAH 66 reconstructed under the Project according to City practices at no cost to the County. Maintenance includes, but is not limited to sweeping, debris removal, resurfacing and seal coating, and any other maintenance activities according to accepted City maintenance practices. 6 71 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 Traffic Signals and Components. 7.2.1 Electrical Service Costs. The City, at its sole costs and expenses, shall provide electrical energy for the operation of the Signal System and shall maintain fuses and wires to the load side of the meter socket of the traffic Signal System and integral streetlights/luminaires. 7.2.2 Traffic Signal System Adjustment. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the Signal System, however, nothing herein shall prohibit prompt, prudent action by properly constituted authorities in situations where a part of such Signal System may be directly involved in an emergency. 7.2.3 Signal Luminaires. The City shall provide all required maintenance for the lamps on the luminaire extensions above the signals. Maintenance includes but is not limited to replacing burned out luminaire lamps, replacing fixtures, replacing other lighting components, and replacing fuse and wire from luminaire lamp to load side of meter socket of the Signal System. 7.2.4 Signal Cleaning. The City shall be responsible for general cleaning and graffiti removal from the Signal System equipment and components. 7.2.5 Blocking County Roadways. When performing the Signal System maintenance work under this Agreement, the City may partially block affected County roadways within its corporate limits if needed. In cases of emergency, such County roadways may be wholly blocked and the passage of traffic thereon prevented by the City. At no time, however, shall the City continue to obstruct the free passage of traffic on the County roadways for a longer period of time than is reasonably required for making the necessary traffic signal repairs. The City shall not cause any portions of the County roadways on which traffic control signals are to be maintained to be closed to traffic for any reason other than those above without receiving prior written approval from Hennepin County and in no event for a time longer than shall be necessary. In the event of the total blocking or closing of any such County roadways, the City shall provide a suitable detour during such time. 7.2.6 Materials. When performing the Signal System maintenance work under this Agreement, the City shall be responsible for proper signing, marking, barricading and such other warning devices as may be required to adequately protect the pedestrian and vehicular traffic. All materials used by the City in the performance of the maintenance work shall conform to the requirements of the current Edition of the MnDOT "Standard Specifications for Highway Construction" and all amendments and supplements thereto. All traffic signs, pavement markings and warning devices shall comply with the current Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD). 7 72 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 Street Lighting. The City shall own and maintain the streetlights installed as part of the Project according to City practices at no cost to the County. Sidewalks, Pedestrian Ramps, and Off-street Shared-use Paths/Trails. The City shall maintain all sidewalks, pedestrian ramps, City off-street shared-use paths/trails constructed as part of the Project according to City practices at no cost to the County. Maintenance includes but is not limited to repairing faulted or broken panels or surfaces, vegetation control, and snow and ice removal. City maintenance of the trail described herein shall only apply to the Local Trail segment. Responsibilities for maintenance of the Regional Trail are described in Hennepin County Agreement Numbers PW 04-44-26 and PW 05-44-25 with the Park District. See Exhibit B (Project Layout) for Local Trail segment. Pedestrian Refuges. The City shall maintain pedestrian refuges constructed/revised as part of the Project according to City practices at no cost to the County. On-street Separated Bicycle Lanes. Not Applicable to the Project. Green Bicycle Conflict Zone Markings. Not Applicable to the Project. City Road Pavement Striping and Crosswalk Markings. The City shall assume maintenance of all pavement striping and crosswalk markings on City streets for roadway users installed as a part of the Project. Storm Sewers. The City shall own and maintain catch basins, manholes, and trunk lines serving areas beyond the County right of way constructed or reconstructed under the Project at no cost to the County. Maintenance includes but is not limited to repairs to structures, casting, and adjacent curb section repairs along with removal of sediments, vegetation, and ice. Storm sewers ownership and maintenance responsibilities are further illustrated in the attached Exhibit C. Water Treatment Infrastructure. The City shall own and maintain the newly installed/revised water treatment infrastructure including but not limited to tree/plant trenches, stormwater planter, pre-treatment components, ponds, outlet structures, water quality structures, and rate control structures without any cost or expense to the County. Maintenance includes removal of litter, clearing ice, mowing, vegetation management, minor erosion repairs, and replacement of filter media and sediment removal. Water treatment infrastructure ownership and maintenance responsibilities are further illustrated in the attached Exhibit C. Landscaping. The City shall own and maintain landscape/streetscape features (including those added to pedestrian bump outs/curb extensions and medians) installed as part of the Project according to City practices at no cost to the County. Examples include trash removal, trimming, mowing, watering, irrigation maintenance and replanting/replacing. 8 73 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 Fencing. The City shall maintain all fencing constructed within County Right of Way, as part of the Project according to City practices at no cost to the County. Maintenance includes but is not limited to repairing broken fencing. Retaining Wall. The City shall maintain the retaining walls constructed as part of the Project. 8. The County’s Maintenance Responsibilities. Upon completion of the Project, the County shall provide year-round maintenance at its sole cost as outlined below. Roadways. Maintenance of CSAH 66 reconstructed under the Project. Maintenance includes, but is not limited to, sweeping, debris removal, resurfacing and seal coating, and any other maintenance activities according to accepted County maintenance practices. Traffic Signals and Components. 8.2.1 Locating Traffic Signal Electrical Power Service Drop Lines. The County shall be responsible for performing all underground location of electrical service drop from source of power (wood pole or other transformer location) to service cabinet of the Signal Systems for the purpose of various design and construction projects or other projects which may be required through the Gopher State One Call system, and furnishing all labor, materials, supplies, tools and other necessary items. 8.2.2 Locating Traffic Signal Cable. The County shall be responsible for performing all underground location of signal equipment, conduit, wiring and related equipment for the purpose of various design and construction projects or other projects which may be required through the Gopher State One Call system, and furnishing all labor, materials, supplies, tools and other necessary items without cost to the City. 8.2.3 Locating Traffic Signal Fiber Optic Lines. The County shall be responsible for performing all underground location of fiber optic lines and related equipment for the purpose of various design and construction projects or other projects which may be required through the Gopher State One Call system, and furnishing all labor, materials, supplies, tools and other necessary items without cost to the City. 8.2.4 Traffic Signal Components. The County shall be responsible for maintenance and repair of all traffic signal system components, including cabinets, controller, control equipment, conduit system and interconnect cable, signal poles, mast arms, pushbutton posts, wiring, detection, EVP, signal heads, pedestrian pushbuttons, Pan Tilt and Zoom (PTZ) cameras, and mast-arm mounted street signs. 9 74 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 8.2.5 Signal Head Indications. The County shall provide all required maintenance for the signal head indications. Maintenance includes but is not limited to replacement of signal indications for vehicular and pedestrian signal indications. 8.2.6 Traffic Signal Interconnect. The County shall be responsible for maintenance and repair of all communication lines (primarily fiber optic lines) between the Signal System, other infrastructure, and County’s traffic management center. 8.2.7 Signal Timing and Coordination. The County shall be responsible for signal timing and coordination. Timing and coordination include but are not limited to front page timing, coordination timing, EVP timing, pedestrian timing, and preemption timing. 8.2.8 Traffic Signal Component Knockdowns. The County shall be responsible for responding to signal and its component knockdown calls and repairing or replacing associated components damaged as a result of minor or major knockdowns to ensure proper functioning of traffic signals. County Road Pavement Striping. The County shall thereafter maintain and repair all pavement striping for CSAH 66 installed as a part of the Project at the expense of the County. Storm Sewers. The County shall own and maintain culverts, catch basins and leads, manholes, trunk lines and all other components that serve only County right of way constructed or reconstructed under the Project at no cost to the City. Maintenance includes repairs to structures, casting, and adjacent curb section repairs along with removal of sediments, vegetation, and ice. Storm sewers ownership and maintenance responsibilities are further illustrated in the attached Exhibit C. 9. Authorized Representatives. In order to coordinate the services of the County with the activities of the City and vice versa so as to accomplish the purposes of this Agreement, the Hennepin County Highway Engineer or designated representative and the City Engineer or designated representatives shall manage this Agreement on behalf of the County and the City. County of Hennepin: Carla Stueve County Highway Engineer Hennepin County Public Works 1600 Prairie Drive, Medina, MN 55340 Office: 612-596-0356 Carla.Stueve@hennepin.us City of Golden Valley: Michael Ryan City Engineer Golden Valley City Hall 10 75 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 7800 Golden Valley Road, Golden Valley, MN 55427 Office: 763-593-8043 mryan@goldenvalleymn.gov 10. Assignment, Amendments, Default, Waiver, Agreement Complete, Cancellation or Termination. Assignment. The City shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the County. Amendments. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Parties hereto. Default. If the City fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the City's default is excused by the County, the County may upon written notice immediately cancel this Agreement in its entirety. Waiver. Either party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. Agreement Complete. The entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Cancellation or Termination. This Agreement may be terminated or cancelled by each party by mutual agreement with or without cause by either party upon thirty (30) day written notice. This Agreement shall be terminated or cancelled by any party upon a material breach by the other party. In the event of a termination or cancellation, the Parties will remain responsible for cost participation as provided in this Agreement for obligations incurred up through the effective date of the termination or cancellation, subject to any equitable adjustment that may be required to account for the effects of a breach. 11. Indemnification. The City Indemnifies the County. The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the City or the City’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may 11 76 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this Agreement. The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County Indemnifies the City. The County agrees to defend, indemnify and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the County or the County’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the County to perform fully, in any respect, all obligations under this Agreement. The County’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 12. Insurance. The County and the City agree that any future contract let by the Parties for the performance of any of the work included hereunder shall include clauses that will: 1) Require the contractor to indemnify and hold the County and the City, their commissioners, officers, agents and employees harmless from any liability, claim, demand, judgments, expenses, action or cause of action of any kind or character arising out of any act or omission of the contractor, their officers, employees, agents or subcontractors; 2) Require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the contractor to provide and maintain enough insurance so as to assure the performance of its indemnification and hold harmless obligation: Limits (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products - Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. (2) Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,500,000 (3) Workers’ Compensation and employer’s Liability: 12 77 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 Workers’ Compensation: Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Employer’s Liability. Bodily injury by: Accident – Each Accident $500,000 Disease – Policy Limit $500,000 Disease - Each Employee $500,000 (4) Professional Liability – Per Claim and Aggregate: $2,000,000 The above listed Professional Liability insurance will not be required in any construction contract let by the City if the City’s contractors are not required to perform design engineering as part of the construction contract. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City’s contractors to determine the need for and to procure additional insurance which may be needed in connection with the Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. 13. Worker Compensation Claims. City’s Employees. Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. County’s Employees. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. 13 78 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 14. Records/Audits. The City agrees that the County, the State Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the Project and the accounting practices and procedures of the City which involve transactions relating to this Agreement. 15. Nondiscrimination. The provisions of Minnesota Statute Section 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. 16. Counterparts/Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. 17. Minnesota Laws Govern. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. (This space left intentionally blank) 14 79 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 IN TESTIMONY WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized officers and agree to be bound by the provisions herein set forth. CITY OF GOLDEN VALLEY By:_______________________________ Mayor Date:______________________________ And:______________________________ City Manager Date:______________________________ COUNTY OF HENNEPIN ATTEST: By: By:__________________________________ Deputy/Clerk of the County Board Chair of its County Board Date: Date: ________________________________ And: ________________________________ County Administrator Date: ________________________________ REVIEWED BY THE COUNTY ATTORNEY’S OFFICE: And:_________________________________ Assistant County Administrator, Public Works By: Date:________________________________ Assistant County Attorney Date: RECOMMENDED FOR APPROVAL REVIEWED: By:_________________________________ By: County Highway Engineer County Administrative Clerk Date:________________________________ Date: RECOMMENDED FOR APPROVAL By:_________________________________ Acting Department Director, Transportation Operations Date:________________________________ 15 80 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 EXHIBIT A Engineer’s Estimate and Division of Cost Summary 16 81 TOTAL Federal Funding Hennepin County City of GOLDEN VALLEY Construction Contract (1)1,271,639.58$ 1,144,475.62$ 92,710.08$ 34,453.87$ Right of Way (2)8,300.00$ -$ 4,150.00$ 4,150.00$ Design Engineering (3)190,000.00$ -$ 148,655.35$ 41,344.65$ Construction Engineering (4)127,163.96$ -$ 92,710.08$ 34,453.87$ County Supplied (Traffic Signal) Equipment & Services (5)130,000.00$ 117,000.00$ 8,710.00$ 4,290.00$ Contingency (6)127,163.96$ 114,447.56$ 9,271.01$ 3,445.39$ PROJECT TOTAL 1,854,267.49$ 1,375,923.18$ 356,206.53$ 122,137.78$ NOTES: (1) (2) (3) (4) (5) (6)10% Contingency for construction. Based on breakdown in Engineer's Estimate. Federal funding capped at 90%. Agency construction costs include application of federal dollars towards local match split. Split determined based on Hennepin County Cost Participation and Maintenance Policies and unit prices from engineer's estimate of quantities. Final amount to be paid on Agreement No. PW 05-44-25 to Three Rivers Park District based on final construction contract. Right of way cost split 50% County / 50% City. Right of way settled parcel amount to be paid on Agreement No. PW 05-44-25 to Three Rivers Park District. Design Engineering amount of $190,000 paid on Agreement No. PW 02-44-24 to Three Rivers Park District. City: 12% Design Engineering (Based on Construction Costs before federal funds are applied). 10% Construction Engineering (Based on Construction Costs before federal funds are applied) to be paid on Agreement No. PW 05-44-25 to Three Rivers Park District. County supplied signal equipment utilizing federal funding match. Local match cost split 67% County / 33% City. Two each of the following: controller cabinet, video detection camera system, and evp detectors & card. LOWBID - ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST CSAH: 66 HENNEPIN COUNTY PROJ. NO.: 2211003 - (SP 027-030-055, SP 128-020-019) EXHIBIT "A"- SUMMARY File Location: https://hennepin.sharepoint.com/teams/pw-transportationdesign/HC_Projects/066_2211000/Estimate/Detail/2020V_CSAH066_TrailandSafetyImprovements_SEQ_Estimate1_LowBid&Amd1; WORKSHEET:(EE Summary (06-13-25)) 1 of 4 Last Update: 7/15/2025 17 82 QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT F) ITEM NO.G) SORT CODE H) ITEM DESCRIPTION I) PLAN J) UNIT K) UNIT COST L) TOTAL QUANTITY M) TOTAL COST N) GROUPA_COLUMN_A N) GROUPA_COLUMN_A_AMOUN N) GROUPA_COLUMN_B N) GROUPA_COLUMN_B_AMOUN N) GROUPA_COLUMN_C N) GROUPA_COLUMN_C_AMOUN N) GROUPB_COLUMN_D N) GROUPB_COLUMN_D_AMOUN N) GROUPB_COLUMN_E N) GROUPB_COLUMN_E_AMOUNT N) GROUPB_COLUMN_F N) GROUPB_COLUMN_F_AMOUNT N) GROUPC_COLUMN_G N) GROUPC_COLUMN_G_AMOUN2011.60 00003 CONSTRUCTION SURVEYING LUMP SUM $21,845.00 1 $21,845.00 0.2 $4,369.00 0.5 $10,922.50 0.1 $2,184.50 0.2 $4,369.00 2011.60 01000 AS BUILT LUMP SUM $4,610.00 1 $4,610.00 0.21 $968.10 0.47 $2,166.70 0.07 $322.70 0.18 $829.80 0.07 $322.70 2021.50 00010 MOBILIZATION LUMP SUM $289,663.00 1 $289,663.00 0.21 $60,829.23 0.47 $136,141.61 0.07 $20,276.41 0.18 $52,139.34 0.07 $20,276.41 2031.50 00010 FIELD OFFICE EACH $57,750.00 1 $57,750.00 0.21 $12,127.50 0.47 $27,142.50 0.07 $4,042.50 0.18 $10,395.00 0.07 $4,042.50 2041.61 00010 TRAINEES HOUR $1.00 600 $600.00 150 $150.00 400 $400.00 50 $50.00 2101.50 00020 CLEARING EACH $806.40 7 $5,644.80 3 $2,419.20 4 $3,225.60 2101.50 00030 GRUBBING EACH $537.60 7 $3,763.20 3 $1,612.80 4 $2,150.40 2102.50 00010 PAVEMENT MARKING REMOVAL LIN FT $0.95 4188 $3,978.60 4188 $3,978.60 2102.52 00010 PAVEMENT MARKING REMOVAL SQ FT $2.73 1684 $4,597.32 1301 $3,551.73 383 $1,045.59 2104.50 00370 REMOVE ANCHORAGE ASSEMBLY-PLATE BEAM EACH $262.50 1 $262.50 1 $262.50 2104.50 00460 REMOVE WOOD POST EACH $500.00 4 $2,000.00 4 $2,000.00 2104.50 00770 REMOVE MANHOLE OR CATCH BASIN EACH $1,138.00 16 $18,208.00 6 $6,828.00 7 $7,966.00 1 $1,138.00 2 $2,276.00 2104.50 00820 REMOVE CASTING EACH $166.00 10 $1,660.00 4 $664.00 6 $996.00 2104.50 00840 REMOVE GATE VALVE EACH $1,006.00 3 $3,018.00 1 $1,006.00 2 $2,012.00 2104.50 00880 REMOVE HYDRANT EACH $1,511.00 4 $6,044.00 1 $1,511.00 1 $1,511.00 2 $3,022.00 2104.50 01185 REMOVE DELINEATOR / MARKER EACH $36.75 6 $220.50 4 $147.00 2 $73.50 2104.50 01220 REMOVE SIGN EACH $42.00 67 $2,814.00 17 $714.00 44 $1,848.00 4 $168.00 2 $84.00 2104.50 01675 REMOVE SIGN PANEL EACH $42.00 3 $126.00 3 $126.00 2104.50 01910 REMOVE ENERGY ABSORBING TERMINAL EACH $451.53 5 $2,257.65 4 $1,806.12 1 $451.53 2104.50 03080 SALVAGE PEDESTRIAN PUSH BUTTON STATION EACH $525.00 1 $525.00 1 $525.00 2104.50 03300 SALVAGE SIGN EACH $42.00 11 $462.00 5 $210.00 4 $168.00 2 $84.00 2104.50 03405 SALVAGE SIGN PANEL EACH $42.00 12 $504.00 2 $84.00 9 $378.00 1 $42.00 2104.50 00195 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT $6.30 54 $340.20 54 $340.20 2104.50 00205 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT $2.42 10102 $24,446.84 2858 $6,916.36 5710 $13,818.20 1158 $2,802.36 368 $890.56 8 $19.36 2104.50 00270 REMOVE WATER MAIN LIN FT $79.00 30 $2,370.00 12 $948.00 18 $1,422.00 2104.50 00285 REMOVE SEWER PIPE (STORM)LIN FT $19.00 157 $2,983.00 54 $1,026.00 85 $1,615.00 10 $190.00 8 $152.00 2104.50 00315 REMOVE CURB AND GUTTER LIN FT $10.85 5420 $58,807.00 2284 $24,781.40 2700 $29,295.00 98 $1,063.30 338 $3,667.30 2104.50 00325 REMOVE CONCRETE CURB LIN FT $13.00 125 $1,625.00 125 $1,625.00 2104.50 00370 REMOVE STONE RETAINING WALL LIN FT $16.00 312 $4,992.00 98 $1,568.00 104 $1,664.00 110 $1,760.00 2104.50 00410 REMOVE CHAIN LINK FENCE LIN FT $3.75 935 $3,506.25 728 $2,730.00 207 $776.25 2104.50 00420 REMOVE WOOD FENCE LIN FT $12.80 90 $1,152.00 90 $1,152.00 2104.50 00460 REMOVE GUARDRAIL-PLATE BEAM LIN FT $18.00 121 $2,178.00 76 $1,368.00 45 $810.00 2104.50 01130 REMOVE GUARDRAIL-TYPE 31 LIN FT $18.00 65 $1,170.00 65 $1,170.00 2104.50 00080 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD $16.50 152 $2,508.00 152 $2,508.00 2104.50 00110 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD $18.25 280 $5,110.00 185 $3,376.25 95 $1,733.75 2104.50 00120 REMOVE BITUMINOUS PAVEMENT SQ YD $6.75 12010 $81,067.50 1901 $12,831.75 8046 $54,310.50 925 $6,243.75 1138 $7,681.50 2104.52 00100 REMOVE BITUMINOUS WALK SQ FT $1.05 19793 $20,782.65 1412 $1,482.60 14070 $14,773.50 2709 $2,844.45 810 $850.50 792 $831.60 2104.52 00140 REMOVE CONCRETE WALK SQ FT $1.00 54465 $54,465.00 17088 $17,088.00 29595 $29,595.00 5744 $5,744.00 2038 $2,038.00 2104.60 00400 SALVAGE SIGN SPECIAL EACH $63.00 14 $882.00 1 $63.00 12 $756.00 1 $63.00 2104.62 00021 REMOVE BRICK PAVERS SQ FT $16.80 742 $12,465.60 256 $4,300.80 486 $8,164.80 2104.62 00110 SALVAGE BRICK PAVERS SQ FT $17.85 474 $8,460.90 474 $8,460.90 2106.51 00010 EXCAVATION - COMMON CU YD $29.75 6297 $187,335.75 1377 $40,965.75 3625 $107,843.75 573 $17,046.75 545 $16,213.75 177 $5,265.75 2106.51 00040 EXCAVATION - SUBGRADE CU YD $58.60 180 $10,548.00 180 $10,548.00 2106.51 00130 COMMON EMBANKMENT (CV)CU YD $9.95 3433 $34,158.35 785 $7,810.75 1830 $18,208.50 679 $6,756.05 89 $885.55 50 $497.50 2108.50 00035 GEOTEXTILE FABRIC TYPE 5 SQ YD $2.25 270 $607.50 270 $607.50 2211.51 00070 AGGREGATE BASE CLASS 5 TON $36.50 6618 $241,557.00 1408 $51,392.00 3970 $144,905.00 630 $22,995.00 517 $18,870.50 5 $182.50 88 $3,212.00 2232.50 00120 MILL BITUMINOUS SURFACE (3.0")SQ YD $3.00 16121 $48,363.00 15507 $46,521.00 614 $1,842.00 2360.51 12200 TYPE SP 9.5 WEARING COURSE MIXTURE (2;B)TON $109.25 1649 $180,153.25 529 $57,793.25 861 $94,064.25 204 $22,287.00 10 $1,092.50 10 $1,092.50 35 $3,823.75 2360.51 13300 TYPE SP 9.5 WEARING COURSE MIXTURE (3,C)TON $102.00 4701 $479,502.00 228 $23,256.00 1144 $116,688.00 2947 $300,594.00 382 $38,964.00 2360.51 23205 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,B)TON $100.25 3256 $326,414.00 418 $41,904.50 2179 $218,444.75 149 $14,937.25 510 $51,127.50 2402.60 00420 METAL RAILING FOR BIKEWAYS (DESIGN M-1)LIN FT $385.54 36 $13,879.44 36 $13,879.44 2411.51 04000 STRUCTURE EXCAVATION CLASS E CU YD $39.74 531 $21,101.94 189 $7,510.86 254 $10,093.96 44 $1,748.56 44 $1,748.56 2411.60 XXXXX SIGN POST FOOTING TYPE 1 EACH $4,482.00 2 $8,964.00 2 $8,964.00 2411.60 XXXXX SIGN POST FOOTING TYPE 2 EACH $4,781.00 1 $4,781.00 1 $4,781.00 2411.62 00007 PREFABRICATED MODULAR BLOCK WALL SQ FT $69.77 1411 $98,445.47 501 $34,954.77 674 $47,024.98 118 $8,232.86 118 $8,232.86 2451.51 00270 COARSE AGGREGATE BEDDING (CV)CU YD $81.65 180 $14,697.00 180 $14,697.00 2451.61 00520 STRUCTURAL BACKFILL CU YD $31.25 166 $5,187.50 58 $1,812.50 80 $2,500.00 14 $437.50 14 $437.50 2503.50 19125 12" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $117.50 20 $2,350.00 14 $1,645.00 6 $705.00 2503.50 19155 15" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $107.25 352 $37,752.00 35 $3,753.75 317 $33,998.25 2503.60 00320 CONNECT TO EXISTING STORM SEWER EACH $1,942.00 29 $56,318.00 17 $33,014.00 9 $17,478.00 1 $1,942.00 1 $1,942.00 1 $1,942.00 2503.60 21012 12" PVC PIPE SEWER LIN FT $87.00 150 $13,050.00 42 $3,654.00 54 $4,698.00 54 $4,698.00 2504.60 00010 CONNECT TO EXISTING WATER MAIN EACH $1,337.00 6 $8,022.00 1 $1,337.00 2 $2,674.00 3 $4,011.00 2504.60 00020 HYDRANT EACH $7,459.00 3 $22,377.00 1 $7,459.00 1 $7,459.00 1 $7,459.00 2504.60 00035 ADJUST VALVE BOX-WATER EACH $663.00 15 $9,945.00 2 $1,326.00 10 $6,630.00 3 $1,989.00 2504.60 00806 6" GATE VALVE AND BOX EACH $4,242.00 3 $12,726.00 2 $8,484.00 1 $4,242.00 2504.60 03008 ADJUST CURB BOX EACH $632.58 1 $632.58 1 $632.58 2504.60 01062 6" WATERMAIN DUCTILE IRON CL 52 LIN FT $113.00 23 $2,599.00 3 $339.00 13 $1,469.00 7 $791.00 2504.60 01082 8" WATERMAIN DUCTILE IRON CL 52 LIN FT $158.00 12 $1,896.00 6 $948.00 6 $948.00 2504.61 00020 DUCTILE IRON FITTINGS POUND $127.00 352 $44,704.00 221 $28,067.00 131 $16,637.00 2506.50 06000 CASTING ASSEMBLY EACH $772.00 44 $33,968.00 17 $13,124.00 23 $17,756.00 1 $772.00 1.5 $1,158.00 1.5 $1,158.00 2506.50 06020 ADJUST FRAME AND RING CASTING EACH $781.00 29 $22,649.00 3 $2,343.00 23 $17,963.00 2 $1,562.00 1 $781.00 2506.50 00140 CONSTRUCT DRAINAGE STRUCTURE DESIGN N LIN FT $527.00 37.4 $19,709.80 14.4 $7,588.80 19.9 $10,487.30 1.55 $816.85 1.55 $816.85 2506.50 00190 CONSTRUCT DRAINAGE STRUCTURE DESIGN SD-48 LIN FT $715.00 5.5 $3,932.50 5.5 $3,932.50 2506.50 00193 CONSTRUCT DRAINAGE STRUCTURE DESIGN SD-60 LIN FT $1,357.00 5 $6,785.00 5 $6,785.00 ITEM NO.SORT CODE ITEM DESCRIPTION UNIT THREE RIVERS PDSP 091-090-088REGIONAL TRAIL FEDERAL AID PARTICIPATING HENNEPIN CO. INTERSECTION IMPROVEMENTSTHREE RIVERS TRAIL PROJECT TOTAL ESTIMATED THREE RIVERS PDSP 091-090-088LOCAL TRAIL THREE RIVERS PD GOLDEN VALLEY TRAIL CONNECTION NON PARTICIPATINGCITY PARK TRAIL EXHIBIT "A" CSAH: 66 HENNEPIN COUNTY PROJ. NO.: 2211000 - (SP 027-030-055, SP 091-090-088, SP 128-020-019)LOWBID - ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST MILL & OVERLAY HENNEPIN CO.SP 027-030-055 SP 128-020-019UNIT COST SP 091-090-088REGIONAL TRAILEXTENSION GOLDEN VALLEYTHREE RIVERS PDSP 091-090-088REGIONAL TRAIL File Location: https://hennepin.sharepoint.com/teams/pw-transportationdesign/HC_Projects/066_2211000/Estimate/Detail/2020V_CSAH066_TrailandSafetyImprovements_SEQ_Estimate1_LowBid&Amd1; WORKSHEET:(Engineer's Estimate) PAGE 2 OF 4 Last Update: 7/15/2025 18 83 QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM NO.SORT CODE ITEM DESCRIPTION UNIT THREE RIVERS PDSP 091-090-088REGIONAL TRAIL FEDERAL AID PARTICIPATING HENNEPIN CO. INTERSECTION IMPROVEMENTSTHREE RIVERS TRAIL PROJECT TOTAL ESTIMATED THREE RIVERS PDSP 091-090-088LOCAL TRAIL THREE RIVERS PD GOLDEN VALLEY TRAIL CONNECTION NON PARTICIPATINGCITY PARK TRAIL EXHIBIT "A" CSAH: 66 HENNEPIN COUNTY PROJ. NO.: 2211000 - (SP 027-030-055, SP 091-090-088, SP 128-020-019)LOWBID - ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST MILL & OVERLAY HENNEPIN CO.SP 027-030-055 SP 128-020-019UNIT COST SP 091-090-088REGIONAL TRAILEXTENSION GOLDEN VALLEYTHREE RIVERS PDSP 091-090-088REGIONAL TRAIL 2506.50 02420 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $794.00 94.5 $75,033.00 37.9 $30,092.60 44.8 $35,571.20 4.4 $3,493.60 3.7 $2,937.80 3.7 $2,937.80 2506.50 03020 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT $1,222.00 5.1 $6,232.20 2.55 $3,116.10 2.55 $3,116.10 2506.50 08000 RECONSTRUCT DRAINAGE STRUCTURE LIN FT $1,342.00 3.8 $5,099.60 0.6 $805.20 3.2 $4,294.40 2506.60 06200 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH $2,158.00 5 $10,790.00 1 $2,158.00 4 $8,632.00 2521.52 00040 4" CONCRETE WALK SQ FT $7.45 11041 $82,255.45 3583 $26,693.35 6363 $47,404.35 311 $2,316.95 784 $5,840.80 2521.52 00052 5" CONCRETE WALK-SPECIAL SQ FT $21.20 3450 $73,140.00 3140 $66,568.00 310 $6,572.00 2521.52 00060 6" CONCRETE WALK SQ FT $20.48 310 $6,348.80 92 $1,884.16 170 $3,481.60 48 $983.04 2521.60 00030 DRILL AND GROUT REINF BAR (EPOXY COATED)EACH $29.93 757 $22,657.01 266 $7,961.38 345 $10,325.85 60 $1,795.80 86 $2,573.98 2521.62 00400 CONCRETE CURB RAMP WALK SQ FT $16.01 9502 $152,127.02 3405 $54,514.05 3784 $60,581.84 829 $13,272.29 1484 $23,758.84 2531.50 02120 CONCRETE CURB AND GUTTER DESIGN B424 LIN FT $27.83 2797 $77,840.51 2567 $71,439.61 115 $3,200.45 115 $3,200.45 2531.50 02310 CONCRETE CURB AND GUTTER DESIGN B612 LIN FT $34.13 538 $18,361.94 160 $5,460.80 368 $12,559.84 5 $170.65 5 $170.65 2531.50 02320 CONCRETE CURB AND GUTTER DESIGN B624 LIN FT $27.98 4965 $138,920.70 2217 $62,031.66 2506 $70,117.88 121 $3,385.58 121 $3,385.58 2531.50 19220 CONCRETE CURB AND GUTTER DESIGN S524 LIN FT $34.13 1999 $68,225.87 891 $30,409.83 1108 $37,816.04 2531.50 00060 6" CONCRETE DRIVEWAY PAVEMENT SQ YD $67.73 201 $13,613.73 55 $3,725.15 146 $9,888.58 2531.50 00080 8" CONCRETE DRIVEWAY PAVEMENT SQ YD $80.06 116 $9,286.96 75 $6,004.50 22 $1,761.32 19 $1,521.14 2531.60 24130 CONCRETE CURB DESIGN V LIN FT $44.63 28 $1,249.64 28 $1,249.64 2531.62 00010 TRUNCATED DOMES SQ FT $83.21 1779 $148,030.59 577 $48,012.17 954 $79,382.34 84 $6,989.64 82 $6,823.22 82 $6,823.22 2533.50 03010 PORTABLE PRECAST CONCRETE BARRIER DESIGN 8337 LIN FT $13.40 800 $10,720.00 800 $10,720.00 2533.50 03020 PORTABLE PRECAST CONCRETE BARRIER DESIGN 8337 - ANCHORED LIN FT $39.10 425 $16,617.50 425 $16,617.50 2533.50 03030 RELOCATE PORTABLE PRECAST CONCRETE BARRIER DESIGN 8337 LIN FT $11.17 876 $9,784.92 876 $9,784.92 2533.50 03040 RELOCATE PORTABLE PRECAST CONCRETE BARRIER DES 8337-ANCHORED LIN FT $7.99 551 $4,402.49 551 $4,402.49 2540.60 XXXXX WAYFINDING SIGN EACH $28,350.00 1 $28,350.00 1 $28,350.00 2540.62 00102 INSTALL BRICK PAVERS SQ FT $18.90 474 $8,958.60 474 $8,958.60 2557.50 00001 WIRE FENCE DESIGN SPECIAL LIN FT $112.93 206 $23,263.58 206 $23,263.58 2557.50 01523 WIRE FENCE DESIGN 60V-9322 LIN FT $96.59 198 $19,124.82 98 $9,465.82 100 $9,659.00 2563.60 00001 TRAFFIC CONTROL SUPERVISOR LUMP SUM $49,875.00 1 $49,875.00 0.21 $10,473.75 0.47 $23,441.25 0.07 $3,491.25 0.25 $12,468.75 2563.60 00010 TRAFFIC CONTROL LUMP SUM $49,875.00 1 $49,875.00 0.21 $10,473.75 0.47 $23,441.25 0.07 $3,491.25 0.18 $8,977.50 0.07 $3,491.25 2563.60 00100 ALTERNATE PEDESTRIAN ROUTE LUMP SUM $13,125.00 1 $13,125.00 0.21 $2,756.25 0.47 $6,168.75 0.07 $918.75 0.25 $3,281.25 2563.60 00002 RAISED PAVEMENT MARKER TEMPORARY EACH $2.36 273 $644.28 273 $644.28 2563.60 00035 PORTABLE BARRIER DELINEATOR EACH $8.40 110 $924.00 110 $924.00 2563.62 00010 TEMPORARY IMPACT ATTENUATOR ASSEMBLY $10,338.10 8 $82,704.80 8 $82,704.80 2563.62 00020 RELOCATE TEMPORARY IMPACT ATTENUATOR ASSEMBLY $1,899.02 8 $15,192.16 8 $15,192.16 2564.50 00110 INSTALL SIGN PANEL EACH $52.50 4 $210.00 3 $157.50 1 $52.50 2564.60 01515 INSTALL SIGN EACH $288.75 19 $5,486.25 7 $2,021.25 10 $2,887.50 2 $577.50 2564.60 01516 INSTALL SIGN SPECIAL EACH $393.75 14 $5,512.50 1 $393.75 12 $4,725.00 1 $393.75 2564.60 02350 DELINEATOR / MARKER PANEL EACH $126.00 13 $1,638.00 5 $630.00 5 $630.00 1 $126.00 2 $252.00 2564.62 00010 SIGN SQ FT $88.20 676 $59,623.20 179 $15,787.80 421 $37,132.20 71 $6,262.20 5 $441.00 2565.52 00030 TRAFFIC CONTROL SIGNAL SYSTEM B SYSTEM $370,650.00 1 $370,650.00 0.67 $248,335.50 0.33 $122,314.50 2565.52 00040 TRAFFIC CONTROL SIGNAL SYSTEM C SYSTEM $357,000.00 1 $357,000.00 0.67 $239,190.00 0.33 $117,810.00 2565.60 00037 ADJUST HANDHOLE EACH $2,625.00 1 $2,625.00 1 $2,625.00 2565.60 00308 INSTALL APS PEDESTRIAN PUSH BUTTON STATION EACH $1,785.00 1 $1,785.00 1 $1,785.00 2565.60 XXXXX RELOCATE FIBER OPTIC VAULT EACH $3,780.00 2 $7,560.00 1 $3,780.00 1 $3,780.00 2565.60 XXXXX ADJUST FIBER OPTIC LINE EACH $2,100.00 8 $16,800.00 3 $6,300.00 5 $10,500.00 2565.62 00101 REVISE SIGNAL SYSTEM A SYSTEM $197,137.50 1 $197,137.50 1 $197,137.50 2565.62 00301 TEMPORARY SIGNAL SYSTEM A SYSTEM $33,075.00 1 $33,075.00 1 $33,075.00 2565.62 00302 TEMPORARY SIGNAL SYSTEM B SYSTEM $30,135.00 1 $30,135.00 0.67 $20,190.45 0.33 $9,944.55 2565.62 00303 TEMPORARY SIGNAL SYSTEM C SYSTEM $76,650.00 1 $76,650.00 0.67 $51,355.50 0.33 $25,294.50 2572.50 00020 TEMPORARY FENCE LIN FT $5.25 320 $1,680.00 155 $813.75 75 $393.75 30 $157.50 20 $105.00 40 $210.00 2573.50 00025 STABILIZED CONSTRUCTION EXIT LUMP SUM $3,786.20 1 $3,786.20 0.2 $757.24 0.5 $1,893.10 0.1 $378.62 0.2 $757.24 2573.50 00030 EROSION CONTROL SUPERVISOR LUMP SUM $4,359.64 1 $4,359.64 0.2 $871.93 0.5 $2,179.82 0.1 $435.96 0.2 $871.93 2573.50 00110 STORM DRAIN INLET PROTECTION EACH $127.50 97 $12,367.50 42 $5,355.00 45 $5,737.50 5 $637.50 2.5 $318.75 2.5 $318.75 2573.50 00023 SILT FENCE, TYPE MS LIN FT $3.68 288 $1,059.84 146 $537.28 142 $522.56 2573.50 00064 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT $2.40 4004 $9,609.60 466 $1,118.40 2424 $5,817.60 1000 $2,400.00 114 $273.60 2574.51 00010 SUBSOILING ACRE $135.48 1.4 $189.67 0.4 $54.19 0.6 $81.29 0.2 $27.10 0.1 $13.55 0.1 $13.55 2574.51 00020 SOIL BED PREPARATION ACRE $1,312.50 3.8 $4,987.50 1.1 $1,443.75 1.9 $2,493.75 0.5 $656.25 0.2 $262.50 0.1 $131.25 2574.51 00104 BOULEVARD TOPSOIL BORROW CU YD $59.66 645 $38,480.70 195 $11,633.70 410 $24,460.60 40 $2,386.40 2574.51 00012 FERTILIZER TYPE 2 POUND $1.38 815 $1,124.70 230 $317.40 416 $574.08 110 $151.80 32 $44.16 27 $37.26 2575.50 00110 RAPID STABILIZATION METHOD 4 SQ YD $3.15 176 $554.40 59 $185.85 117 $368.55 2575.50 00315 ROLLED EROSION PREVENTION CATEGORY 15 SQ YD $2.09 11131 $23,263.79 3149 $6,581.41 5681 $11,873.29 1508 $3,151.72 431 $900.79 362 $756.58 2575.51 00021 SEEDING ACRE $924.00 2.4 $2,217.60 0.7 $646.80 1.2 $1,108.80 0.3 $277.20 0.1 $92.40 0.1 $92.40 2575.51 00035 MOWING ACRE $282.45 4.9 $1,384.01 1.4 $395.43 2.5 $706.13 0.6 $169.47 0.2 $56.49 0.2 $56.49 2575.51 00040 WEED SPRAYING ACRE $1,050.00 1.4 $1,470.00 0.4 $420.00 0.6 $630.00 0.2 $210.00 0.1 $105.00 0.1 $105.00 2575.51 00010 WEED SPRAY MIXTURE GALLON $105.00 0.8 $84.00 0.2 $21.00 0.3 $31.50 0.1 $10.50 0.1 $10.50 0.1 $10.50 2575.52 00020 RAPID STABILIZATION METHOD 3 M GALLON $729.75 29 $21,162.75 8 $5,838.00 15 $10,946.25 4 $2,919.00 1 $729.75 1 $729.75 2575.61 25070 SEED SOUTHERN BOULEVARD POUND $3.16 144 $455.04 48 $151.68 80 $252.80 11 $34.76 5 $15.80 2575.61 25080 SEED TURFGRASS POUND $5.88 305 $1,793.40 78 $458.64 146 $858.48 51 $299.88 14 $82.32 16 $94.08 2581.50 00006 6" REMOVABLE PREFORMED PAVEMENT MARKING TAPE LIN FT $2.36 4441 $10,480.76 4441 $10,480.76 2581.60 00020 REMOVABLE PREFORMED PLASTIC MASK (BLACK)LIN FT $2.63 1701 $4,473.63 1701 $4,473.63 2582.50 00010 MOBILE RETROREFLECTOMETER MEASUREMENTS LIN FT $0.15 21971 $3,295.65 18833 $2,824.95 3138 $470.70 2582.50 10104 4" SOLID LINE PAINT LIN FT $1.16 655 $759.80 286 $331.76 369 $428.04 2582.50 10106 6" SOLID LINE PAINT LIN FT $1.37 14454 $19,801.98 14454 $19,801.98 2582.50 10204 4" BROKEN LINE PAINT LIN FT $1.16 1160 $1,345.60 933 $1,082.28 209 $242.44 18 $20.88 2582.50 10404 4" DOUBLE SOLID LINE PAINT LIN FT $2.52 2940 $7,408.80 2940 $7,408.80 2582.50 30106 6" SOLID LINE MULTI-COMPONENT LIN FT $1.79 505 $903.95 505 $903.95 2582.50 30404 4" DOUBLE SOLID LINE MULTI-COMPONENT LIN FT $2.52 253 $637.56 253 $637.56 File Location: https://hennepin.sharepoint.com/teams/pw-transportationdesign/HC_Projects/066_2211000/Estimate/Detail/2020V_CSAH066_TrailandSafetyImprovements_SEQ_Estimate1_LowBid&Amd1; WORKSHEET:(Engineer's Estimate) PAGE 3 OF 4 Last Update: 7/15/2025 19 84 QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM NO.SORT CODE ITEM DESCRIPTION UNIT THREE RIVERS PDSP 091-090-088REGIONAL TRAIL FEDERAL AID PARTICIPATING HENNEPIN CO. INTERSECTION IMPROVEMENTSTHREE RIVERS TRAIL PROJECT TOTAL ESTIMATED THREE RIVERS PDSP 091-090-088LOCAL TRAIL THREE RIVERS PD GOLDEN VALLEY TRAIL CONNECTION NON PARTICIPATINGCITY PARK TRAIL EXHIBIT "A" CSAH: 66 HENNEPIN COUNTY PROJ. NO.: 2211000 - (SP 027-030-055, SP 091-090-088, SP 128-020-019)LOWBID - ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST MILL & OVERLAY HENNEPIN CO.SP 027-030-055 SP 128-020-019UNIT COST SP 091-090-088REGIONAL TRAILEXTENSION GOLDEN VALLEYTHREE RIVERS PDSP 091-090-088REGIONAL TRAIL 2582.50 36104 4" SOLID LINE MULTI-COMPONENT GROUND IN LIN FT $1.58 1647 $2,602.26 98 $154.84 1549 $2,447.42 2582.50 36106 6" SOLID LINE MULTI-COMPONENT GROUND IN LIN FT $1.79 9396 $16,818.84 517 $925.43 7423 $13,287.17 1352 $2,420.08 104 $186.16 2582.50 36204 4" BROKEN LINE MULTI-COMPONENT GROUND IN LIN FT $1.58 400 $632.00 400 $632.00 2582.50 XXXXX 6" BROKEN LINE MULTI COMP GR IN LIN FT $1.79 160 $286.40 150 $268.50 10 $17.90 2582.50 XXXXX 6" DOTTED LINE MULTI COMP GR IN LIN FT $1.79 296 $529.84 134 $239.86 162 $289.98 2582.50 36404 4" DOUBLE SOLID LINE MULTI-COMPONENT GROUND IN LIN FT $3.15 6027 $18,985.05 1330 $4,189.50 3800 $11,970.00 897 $2,825.55 2582.50 76124 24" SOLID LINE PREFORM THERMO GROUND IN LIN FT $20.48 332 $6,799.36 91 $1,863.68 241 $4,935.68 2582.52 04060 PAVEMENT MESSAGE PREFORM THERMOPLASTIC GROUND IN ENHANCED SKID RESIST SQ FT $24.68 330 $8,144.40 75 $1,851.00 255 $6,293.40 2582.52 08060 CROSSWALK PREFORM THERMOPLASTIC GROUND IN ENHANCED SKID RESISTANCE SQ FT $13.65 5371 $73,314.15 1781 $24,310.65 2435 $33,237.75 1155 $15,765.75 TOTAL $5,410,889.58 TOTAL $1,174,835.91 TOTAL $2,295,205.11 TOTAL $306,207.16 TOTAL $347,115.00 TOTAL $927,100.85 TOTAL $344,538.73 TOTAL $15,886.82 TOTAL ESTIMATED CONSTRUCTION COST $5,410,889.58 $1,174,835.91 $347,115.00 $344,538.73 $15,886.82$306,207.16$2,295,205.11 $927,100.85 File Location: https://hennepin.sharepoint.com/teams/pw-transportationdesign/HC_Projects/066_2211000/Estimate/Detail/2020V_CSAH066_TrailandSafetyImprovements_SEQ_Estimate1_LowBid&Amd1; WORKSHEET:(Engineer's Estimate) PAGE 4 OF 4 Last Update: 7/15/2025 20 85 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 EXHIBIT B Project Layout 21 86 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 EXHIBIT C Drainage Ownership and Maintenance Responsibilities 22 87 2388 2489 2590 2691 2792 2893 2994 3095 3196 3297 3398 3499 35100 36101 Agreement No. PW 06-13-25 CSAH No. 66; C.P. 2211003 EXHIBIT D Project Plan Title Sheet 37 102 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3D.7. Approve Change Order #1 with Northwest Asphalt for Zane Avenue & Lindsay Street Reconstruction (Proj. No. 23-02) Prepared By Caleb Brolsma, Assistant City Engineer Michael Ryan, City Engineer Summary In August 2024, a contract was awarded to Northwest Asphalt, Inc. for construction of the Zane Avenue and Lindsay Street Improvements Project No. 23-02 in the amount of $6,021,938.44. During construction, field conditions encountered called for replacement of PCCP watermain and a valve on Olson Memorial Highway Frontage Road, which will allow new watermain to be installed underneath Metropolitan Council's sanitary sewer force main. Financial or Budget Considerations Approved funding for the project currently includes $10,050,000. Staff recommends approval of this change order with Northwest Asphalt, Inc. for $38,785.00. Funding for this change order includes $6,000.00 assumed from the City’s State Aid account and $32,785.00 paid through the Utility Enterprise Fund (7121.6960). Total project costs including this change order are within the approved project budget. Legal Considerations This change order affects construction materials and associated practices, and does not change any other terms or conditions of the approved contract. The City Attorney's office has approved this item. Equity Considerations The City’s work to execute our Pavement Management Program (PMP) is consistent with the unbiased programs and services pillar of the City’s Equity Plan. The Pavement Management Program is unbiased, prioritizing streets that are not constructed to current standards, and streets that objectively have low Pavement Quality Index scores. This resolution supports the PMP goals and requirements, providing safe streets, reliable access, and consistent experiences for communities throughout the city. Recommended Action Motion to Approve Change Order #1 with Northwest Asphalt for Zane Avenue & Lindsay Street Reconstruction (Proj. No. 23-02) 103 Supporting Documents Zane Ave and Lindsay St (Proj. No. 23-02).pdf 104 Change Order No. 1 City Project No. 23-02 Change Order Level 2 SP/SAP(s) 128-408-002 MN Project No. N/A Page 1 of 3 Project Location Zane Avenue from Golden Valley Road to Olson Memorial Highway Frontage Road and Lindsay St from Zane Avenue to Lilac Drive Local Agency City of Golden Valley Local Project No. 23-02 Contractor Northwest Asphalt MSAS Route # 408 Address/City/State/Zip 1451 Stagecoach Rd, Shakopee, MN 55379 Project Description Full reconstruction of Zane Ave and Lindsay St including utilities, road section, sidewalk, railroad crossing. Total Change Order Amount $38,785.00 This Contract uses MnDOT Standard Specification for Construction 2020 Edition This Contract between the City of Golden Valley and Contractor is modified as follows: Issue: The Engineer has determined the Contract needs to be revised in accordance with specification 1402.5 Extra Work. Installation of new watermain on Zane Ave includes using the pipe-jacking method to install new watermain underneath Metropolitan Council’s sanitary sewer forcemain near the intersection of Zane Ave and Olson Memorial Highway Frontage Rd. Performing this work requires an additional valve to be installed so that the section of pipe that will be jacked can be isolated. If only a valve were installed, the new watermain would abut existing 16” prestressed concrete cylinder pipe (PCCP) that was installed in 1962 and has reached the end of its useful life. PCCP pipe is no longer a city standard and presents significant risk of breaking during the jacking operation due to vibration. The Engineer has determined that a new valve, watermain, and tee should be installed using modern materials, which will allow the jacking to be completed. Resolution: 1. The Contractor and Engineer have agreed upon unit pricing to install the additional watermain at the intersection of Zane Ave and Olson Memorial Highway Frontage Rd. 2. The Contractor will install all watermain materials and furnish and install all other necessary materials to complete the work. 3. Payment for this work will be by unit cost using State-Aid and Local Funding, as shown in the Estimate of Cost. 105 Change Order No. 1 City Project No. 23-02 Change Order Level 2 SP/SAP(s) 128-408-002 MN Project No. N/A Page 2 of 3 Contract Item, Unit Price, and Estimated Quantity * Funding Group Fed. Funding Category (if applicable) Item No. Description Unit Unit Price + or – + or – Quantity Amount $ State- Aid, Local 2021.501 Mobilization LS $4,500.00 +1 +$4,500 Local 2504.601 Temporary Water System LS $3,500.00 +1 +$3,500 Local 2573.510 Sediment Removal Vac Truck HR $350.00 +12 $4,200.00 State- Aid 2104.504 Remove Bituminous Pavement SY $9.00 +45 +$405.00 State- Aid 2231.507 Bituminous Patching Mixture SY $102.00 +45 +$4,590.00 State- Aid, Local 2563.601 Traffic Control LS $1,750.00 +1 +$1,750.00 Local 2504.603 Install Watermain HR $1,240.00 +16 +$19,840.00 Net Change this Change Order +$38,785.00 *New bid item to the Contract Due to this change, the contract time: (check one) ( X ) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806 ( ) Is Increased by _____ Working Days ( ) Is Decreased by _____ Working Days ( ) Is Increased by _____ Calendar Days ( ) Is Decreased by _____ Calendar Days ATTACHMENTS: By signing this agreement, the Contractor acknowledges receipt of the specified attachments (if applicable.) ( ) Plans ( ) Specs ( ) Other 106 Change Order No. 1 City Project No. 23-02 Change Order Level 2 SP/SAP(s) 128-408-002 MN Project No. N/A Page 3 of 3 Signatures Title Signature Date City Manager Mayor Contractor Authorized Representative ESTIMATE OF COST DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This work is eligible for: ___ Federal Funding ___ State Aid Funding ___ Local funds District State Aid Engineer: _________________________________ Date: ____________ 107 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3D.8. Approve Change Order #2 with New Look Contracting for Ottawa Watermain (Proj. No. 25-05) Prepared By Caleb Brolsma, Assistant City Engineer Michael Ryan, City Engineer Summary The Minnesota Department of Transportation (MnDOT) is constructing a shared use trail on the north side of Trunk Highway 55, which requires the City to relocate its watermain within a segment of the project. The watermain relocation is required because trail construction will reduce the amount of ground cover above the watermain, making it susceptible to freezing. The project was put out for bid with a Base Bid, Alternate 1, and Alternate 2. In July 2025, a contract was awarded to New Look Contracting, Inc. for construction of the Base Bid portion of the Ottawa Watermain (Proj No. 25-05) in the amount of $698,002. Conflicts related to the watermain layout were discovered during construction at the connection point of the Base Bid and Bid Alternate 1. This change order allows for the construction of Bid Alternate 1 with modifications, which enables the long-term watermain layout to avoid reliance on undersized private systems and eliminate incompatible sections of watermain. The watermain in Bid Alternate 1 was installed in 1954 and had reached the end of its useful life, so would have been replaced in the near future regardless of the constructability issues discovered on-site. Financial or Budget Considerations The currently approved funding for the project is $968,537.00. Approved construction costs include the Base Bid and Change Order #1 for a total of $704,661.70. Approved professional services fees include $200,735.00. The cost associated with this change order is $399,997.73 and increases the construction contract price to $1,104,659.43. Staff requests a budget increase of $440,000.00 for this specific project, from the Utility Enterprise Fund, to accommodate Change Order #2 plus an industry standard 10% contingency. This can be accommodated through the existing fund reserves that exceed FY 2025 reserve goals. Approval of this request increases the total project budget to $1,408,537.00. Legal Considerations This change order affects construction scope, materials and associated practices and changes the contractual substantial completion date of the project to October 31, 2025. The City Attorney's office 108 has approved this item. Equity Considerations The City’s work to execute the TH-55 Ottawa Watermain project is consistent with the unbiased programs and services pillar of the City’s Equity Plan. This project will enable the City to continue providing reliable water and sewer utilities City-wide. Recommended Action Motion to Approve Change Order #2 with New Look Contracting for Ottawa Watermain (Proj. No. 25- 05). Supporting Documents TH-55 Ottawa Watermain Change Order 2 (Proj. No. 25-05).pdf Change Order 2 Plan Revisions.pdf 109 Change Order No. 2 City Project No. 25-05 Change Order Level 2 SP/SAP(s) N/A MN Project No. N/A Page 1 of 4 Project Location Olson Memorial Hwy Frontage Road east of Ottawa Ave Local Agency City of Golden Valley Local Project No. 25-05 Contractor New Look Contracting MSAS Route # N/A Address/City/State/Zip 14045 Northdale Boulevard, Rogers, MN 55374 Project Description Watermain installation along the Olson Memorial Hwy Frontage Road east of Ottawa Ave Total Change Order Amount $399,997.73 This Contract uses MnDOT Standard Specification for Construction 2020 Edition This Contract between the City of Golden Valley and Contractor is modified as follows: Issue: The Engineer has determined the Contract needs to be revised in accordance with specification 1402.3 Significant Change in the Character of the Work. During construction, it was determined that the scope of the work under the Base Bid contract would leave some portions of the remaining watermain in conflict with the MnDOT retaining wall construction and would create long term maintenance concerns for the watermain. In order to avoid conflicts with MnDOT’s project and to better provide a long-term improvement for the city’s watermain, the Engineer has determined the new watermain installation should be extended west from Ottawa Avenue to Schaper Road. This work will directionally drill the watermain to avoid existing utilities in the area. This work was previously bid as Bid Alternate 1, however modifications have been made to Bid Alternate 1 to reduce the scope and alter construction methods. Resolution: 1. The Contractor and Engineer have agreed upon unit pricing for extending the watermain to Schaper Rd based on previous bidding unit pricing. 2. The Contractor will furnish and install all water materials and will minimize impacts to newly installed watermain. Watermain fittings shall be domestic as per city standards. 3. Project substantial completion date shall be extended to October 31, 2025. 4. Payment for this work will be under local funding as shown in the Estimate of Cost. 110 Change Order No. 2 City Project No. 25-05 Change Order Level 2 SP/SAP(s) N/A MN Project No. N/A Page 2 of 4 Contract Item, Unit Price, and Estimated Quantity * Funding Group Fed. Funding Category (if applicabl e) Item No. Description Unit Unit Price + or – + or – Quantity Amount $ * Local 2021.501 MOBILIZATION LS $45,000.00 +1 +$45,000.00 * Local 2101.505 CLEARING AC $20,000.00 +0.1 +$2,000.00 * Local 2101.505 GRUBBING AC $10,000.00 +0.1 +$1,000.00 * Local 2104.502 REMOVE GATE VALVE & BOX EA $1,000.00 +1 +$1,000.00 * Local 2104.502 REMOVE HYDRANT EA $1,500.00 +1 +$1,500.00 * Local 2104.503 REMOVE WATER MAIN L F $50.00 +30 +$1,500.00 * Local 2104.518 REMOVE BITUMINOUS WALK S F $10.00 +255 +$2,550.00 * Local 2104.603 ABANDON WATER MAIN L F $15.00 +610 +$9,150.00 * Local 2106.507 COMMON EMBANKMENT (CV) C Y $50.00 +218 +$10,900.00 * Local 2106.507 STABILIZING AGGREGATE (CV) C Y $125.00 +230 +$28,750.00 * Local 2106.601 DEWATERING LS $12,500.00 +1 +$12,500.00 * Local 2106.607 HAUL & DISPOSE OF CONTAMINATED MATERIAL C Y $75.00 +218 +$16,350.00 * Local 2106.610 EXPLORATORY EXCAVATION HR $1.00 +10 +$10.00 * Local 2130.523 WATER MG AL $1.00 +3 +$3.00 * Local 2503.608 DUCTILE IRON FITTINGS LB $24.02 +719 +$17,270.38 * Local 2504.601 IRRIGATION SYSTEM REPAIR LS $2,000.00 +1 +$2,000.00 * Local 2504.602 CONNECT TO EXISTING WATER MAIN EA $2,565.83 +3 +$7,697.49 * Local 2504.602 HYDRANT EA $8,500.00 +1 +$8,500.00 * Local 2504.602 FIRE HYDRANT MARKER EA $100.00 +1 +$100.00 * Local 2504.602 6" GATE VALVE & BOX EA $4,119.62 +1 +$4,119.62 * Local 2504.602 12" GATE VALVE & BOX EA $8,619.62 +2 +$17,239.24 * Local 2504.603 6" WATERMAIN DUCTILE IRON CL52 L F $275.00 +10 +$2,750.00 * Local 2504.603 12" PVC WATERMAIN L F $150.00 +10 +$1,500.00 111 Change Order No. 2 City Project No. 25-05 Change Order Level 2 SP/SAP(s) N/A MN Project No. N/A Page 3 of 4 * Local 2504.603 12" PVC WATERMAIN (DIRECTIONAL DRILLED) L F $300.00 +547 +$164,100.00 * Local 2504.604 4" INSULATION S Y $150.00 +4 +$600.00 * Local 2521.518 3" BITUMINOUS WALK S F $10.00 +255 +$2,550.00 * Local 2563.601 TRAFFIC CONTROL LS $2,000.00 +1 +$2,000.00 * Local 2573.501 STABILIZED CONSTRUCTION EXIT LS $5,000.00 +1 +$5,000.00 * Local 2573.502 STORM DRAIN INLET PROTECTION EA $250.00 +2 +$500.00 * Local 2573.503 SILT FENCE; TYPE MS L F $6.00 +200 +$1,200.00 * Local 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $6.00 +605 +$3,630.00 * Local 2574.507 COMMON TOPSOIL BORROW C Y $100.00 +110 +$11,000.00 * Local 2574.508 FERTILIZER TYPE 3 LB $10.00 +72 +$720.00 * Local 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 S Y $7.50 +988 +$7,410.00 * Local 2575.505 SEEDING AC $20,000.00 +0.19 +$3,800.00 * Local 2575.508 HYDRAULIC STABILIZED FIBER MATRIX LB $5.00 +650 +$3,250.00 * Local 2575.523 WATER MG AL $1.00 +23 +$23.00 * Local 2575.608 SEED SOUTHERN BOULEVARD LB $25.00 +33 +$825.00 Net Change this Change Order +$399,997.73 *New bid item to the Contract Due to this change, the contract time: (check one) ( ) Is NOT changed (X ) May be revised as provided in MnDOT Specification 1806 ( ) Is Increased by _____ Working Days ( ) Is Decreased by _____ Working Days (X) Is Increased by 31 Calendar Days ( ) Is Decreased by _____ Calendar Days ATTACHMENTS: By signing this agreement, the Contractor acknowledges receipt of the specified attachments (if applicable.) (X) Plans ( ) Specs ( ) Other 112 Change Order No. 2 City Project No. 25-05 Change Order Level 2 SP/SAP(s) N/A MN Project No. N/A Page 4 of 4 Signatures Title Signature Date City Manager Mayor Contractor Authorized Representative 113 ||||||||||||||||||||||||||||||||||| HH S E W G G G G G G G G G G G G GGGG C C C C C C C C C C C C C F F F F F F F F F F F F F C C C C C CCCC C C C C C C C C C C C CCCCCCCCCCCCCCC C C C C C C GGGGE E E E E C C EEEEEEEEEEEEEEE C C C C C C C CCCCCCCCCCCCCCCCC CCCCCCCC CCCCCCCCCCCCC FFFFFFFF >>>>>>SSWM AB WM AB WM AB WM AB WM AB WM AB WM AB B B B XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXX AC BB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM ABWM ABWM ABMNDOT ROW BASE BID BASE BID BID ALT 1 BID ALT 1 DRAINAGE AND UTILITY EASEMENT PROPOSED WATERMAINALIGNMENT CONCRETE CURB &GUTTER DESIGNSPECIAL (55 LF) CONCRETE CURB &GUTTER DESIGNSPECIAL (45 LF) OLSON MEMORIAL HWY(TH 55) 4800 4708 OLSON MEMORIAL HWY FRONTAGE RD NOTTAWA AVE N23+00 24+00 25+00 26+00 S ||||||||||||||||||||||||||||||||||||| G G G G G G G G G G G G G G F F F F F F F F F F F F F E E E S S HH S S GGC C C C C C C C C C C C C C F F CCCCCCCCC C C C CC C C C C C C C C C C C C C C C C C CG GGE E E E E E E E E E E E E E EEE E E E E E FF E EEE EEEEEEEEEEEEEEEEEE C C C C C C C C CC CCCCCCCCCCCCCC >>STSS SS WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM ABWM ABHY GV MNDOT ROW BID ALT 1 BID ALT 1 BID ALT 2 BID ALT 2 DRAINAGE AND UTILITY EASEMENT PROPOSED WATERMAINALIGNMENT 4950 4800 OLSON MEMORIAL HWY(TH 55)SCHAPER RD 18+00 19+00 20+00 21+00 22+00 SREMOVE WATERMAIN ABANDON WATERMAIN REMOVE WATER SERVICE/ CURB STOP REMOVE AND REPLACECONCRETE CURB AND GUTTER REMOVE AND REPLACECONCRETE CURB & GUTTER SPECIAL(SEE CITY DETAIL PLATE GV-STRT-060) CLEAR AND GRUB (BY ACRE) REMOVE AND REPLACEBITUMINOUS WALK REMOVE AND REPLACEBITUMINOUS DRIVEWAY REMOVE AND REPLACEBITUMINOUS PAVEMENT LEGEND ADJUST FRAME AND RING CASTING REMOVE GATE VALVE EXCAVATION LIMITS REMOVE HYDRANT SS REMOVE MANHOLE MILL & OVERLAYBITUMINOUS PAVEMENT WM AB AC HY B SAWCUT BITUMINOUS PAVEMENT XXXXXXXXXXXXXXXXXXXXX ST RM REMOVE SEWER PIPE (STORM) GV 4" DBLE SOLID LINE MULTI COMP C:\ACC\ACCDocs\WSB\028092-000\Project Files\05_Discipline\Roadway\03_Sheets\028092-000-C-DEMO-0001.dwg 8/26/2025 3:10:42 PM13R AS SHOWN HRD EABHRD SCALE IN FEET 0 H: 20 40 N REMOVAL PLANS LOCATION BID ALTERNATE 1 AND BASE BID SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.TH 55 OTTAWA WATERMAIN PROJECTCITY OF GOLDEN VALLEY, MN028092-000 25-05 EMILY A. BROWN5177306-03-202525 N MATCHLINE STA - 18+00SEE SHEET - 12MATCHLINE STA - 22+25SEE BELOWMATCHLINE STA - 26+00SEE SHEET - 14MATCHLINE STA - 22+25SEE ABOVE1.CONTRACTOR SHALL PROTECT EXISTING TREES,SHRUBS, AND LANDSCAPING NOT IDENTIFIED FORREMOVAL DURING CONSTRUCTION UNLESSOTHERWISE NOTED.2.CONTRACTOR SHALL PROTECT EXISTING UTILITIESDURING CONSTRUCTION AT NO ADDITIONALCOMPENSATION.3.EXISTING SANITARY SEWER AND MANHOLES TO BEREMOVED ARE ON HELICAL PILING. HELICAL PILINGTO BE CUT OFF 2' BELOW REMOVED PIPE ANDABANDONED (INCIDENTAL). NOTES: 1 CHANGE ORDER NO. 28/26/20251.1 1 114 820 825 830 835 840 845 850 855 860 820 825 830 835 840 845 850 855 860 837.51837.518+00837.51837.518+00 838.28838.318+50 839.92839.919+00 841.39841.419+50 842.49842.520+00 843.62843.620+50 842.91842.921+00 842.94842.921+50 843.67843.722+00 844.40844.422+25 7.5' MINBURY DEPTH EXISTING PROFILE PROPOSED PROFILEELEVATIONELEVATION EXISTING/PROPOSED PROFILE 1.5' MIN SEPARATION 3' MIN SEPARATION 387' - 12" PVC WATERMAIN DIRECTIONALLY DRILLED WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM ABWM AB||||||||||||||||||||||||||||||||||||| G G G G G G G G G G G G G G F F F F F F F F F F F F F E E E S S HH S GGC C C C C C C C C C C C C C F F CCCCCCCCC C C C CC C C C C C C C C C C C C C C C C C CG GGE E E E E E E E E E E E E E EEE E E E E E FF E EEE EEEEEEEEEEEEEEEEEE C C C C C C C C CC CCCCCCCCCCCCCC 18+00 19+00 20+00 21+00 22+00S S SS STSTA: 21+58.126.68 LTHYDRANT5.5'-6" DIP6" GV STA: 21+58.060.0012"X6" TEE 12" PVC12" PVC 12" PVC 12" PVC12" PVC STA: 18+34.927.81 LT12" GV CONNECT TO EXISTING WATERMAIN EX 42" MCES FORCEMAIN EX 30" MCES FORCEMAIN MNDOT ROW BID ALT 1 BID ALT 1 BID ALT 2 BID ALT 2 10' MIN DRAINAGE AND UTILITY EASEMENT PROTECT IN PLACE UTILITIES(INCIDENTAL) (TYP.) 4950 4800 OLSON MEMORIAL HWY(TH 55)SCHAPER RD STA: 18+36.264.25 LT12" - 22.5° BEND CONNECT TO EXISTING WATERMAIN 12" PVC SSTA: 18+41.320.00 RT12" GV 12" PVC STA: 18+36.270.0012"x12" TEE LEGEND S EXCAVATION LIMITS EXISTING WATERMAIN PROPOSED WATERMAIN EXISTING WATER SERVICEWITH CURB STOP PROPOSED 2" COPPER WATER SERVICEWITH CURB STOP EXISTING HYDRANT WITH VALVE PROPOSED HYDRANT WITH VALVE PROPOSED WATER FITTINGS EXISTING SANITARY SEWER EXISTING SANITARY MANHOLE EXISTING STORM SEWER PROPOSED STORM SEWER C:\ACC\ACCDocs\WSB\028092-000\Project Files\05_Discipline\Roadway\03_Sheets\028092-000-C-SSWT-0001.dwg 8/26/2025 3:41:21 PMWATERMAIN AND SANITARY SEWER PLANS 17R AS SHOWN HRD EABHRD N SCALE IN FEET 0 H: 20 40 SCALE IN FEET 0 V: 5 10 LOCATION BID ALTERNATE 1 SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.TH 55 OTTAWA WATERMAIN PROJECTCITY OF GOLDEN VALLEY, MN028092-000 25-05 EMILY A. BROWN5177306-03-202525MATCHLINE STA - 18+00SEE SHEET - 16MATCHLINE STA - 22+25SEE SHEET - 181.CONTRACTOR MUST VERIFY FORCEMAIN CROSSINGDEPTH.2.MAINTAIN A MINIMUM HORIZONTAL OFFSET OF 10'FROM FORCEMAIN OR SANITARY SEWER, UNLESSOTHERWISE STATED IN PLANS.3.DIRECTIONAL DRILLING BENDS TO BE VERIFIED BYCONTRACTOR IN THE FIELD.4.PVC PIPE SHALL BE C-900 FUSIBLE WATERMAIN.5.CONTRACTOR SHALL USE SPECIAL CONSTRUCTIONMETHODS TO KEEP CONSTRUCTION OPERATIONSWITHIN LIMITS IDENTIFIED ON THE PLAN (INCIDENTAL).6.PROVIDE THRUST BLOCKING PER DETAIL ON SHEET 7(INCIDENTAL). NOTES:1.8/26/2025CHANGE ORDER NO. 21 1 1 1 115 830 835 840 845 850 855 860 865 870 830 835 840 845 850 855 860 865 870 844.40844.422+25 845.58845.622+50 847.83847.823+00 850.26850.323+50 851.89851.924+00 853.54853.524+50 855.12855.125+00 856.79856.825+50 858.48858.526+00 7.5' MINBURY DEPTH EXISTING PROFILE PROPOSED PROFILEELEVATIONELEVATION EXISTING/PROPOSED PROFILE EXISTING SANITARY DROP 161' - 12" PVC W A T E R M A I N D I R E C T I O N A L L Y D R I L L E D 210' - 12" PVC WATE R M A I N O P E N C U T CONNECT TOEXISTING WATERMAIN WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM ABWM ABWM AB||||||||||||||||||||||||||||||||||| HH S E W G G G G G G G G G G G G GGGG C C C C C C C C C C C C C F F F F F F F F F F F F F C C C C C CCCC C C C C C C C C C C C CCCCCCCCCCCCCCC C C C C C C GGGGE E E E E C C EEEEEEEEEEEEEEE C C C C C C C CCCCCCCCCCCCCCCCC CCCCCCCC CCCCCCCCCCCCC FFFFFFFF23+00 24+00 25+00 26+00SS STA: 23+89.960.00 LT12"x8" TEE STA: 23+89.964.46 LT8" GV STA: 23+86.5730.42 RTINSTALL GATE VALVE & BOX 12" PVC8" PVC EX 42" MCES FORCEMAIN EX 30" MCES FORCEMAIN MNDOT ROW BASE BID BASE BID BID ALT 1 BID ALT 1 10' MIN DRAINAGE AND UTILITY EASEMENT PROTECT IN PLACE UTILITIES (INCIDENTAL) (TYP.) 12" PVC 6" DIP STA: 25+05.1411.51 LT6" GV STA: 25+05.300.00 RT12"x6" TEE OLSON MEMORIAL HWY(TH 55) 4800 4708 OLSON MEMORIAL HWY FRONTAGE RD NOTTAWA AVE N12" PVC STA: 23+93.410.00 LT12" GV 12" PVC STA: 23+86.930.0012" - 11.25° BEND STA: 23+19.950.0012" - 11.25° BEND 12" PVC CONNECTTO EXISTINGWATERMAIN S LEGEND S EXCAVATION LIMITS EXISTING WATERMAIN PROPOSED WATERMAIN EXISTING WATER SERVICEWITH CURB STOP PROPOSED 2" COPPER WATER SERVICEWITH CURB STOP EXISTING HYDRANT WITH VALVE PROPOSED HYDRANT WITH VALVE PROPOSED WATER FITTINGS EXISTING SANITARY SEWER EXISTING SANITARY MANHOLE EXISTING STORM SEWER PROPOSED STORM SEWER C:\ACC\ACCDocs\WSB\028092-000\Project Files\05_Discipline\Roadway\03_Sheets\028092-000-C-SSWT-0001.dwg 8/26/2025 3:41:25 PMWATERMAIN AND SANITARY SEWER PLANS 18R AS SHOWN HRD EABHRD N SCALE IN FEET 0 H: 20 40 SCALE IN FEET 0 V: 5 10 LOCATION BID ALTERNATE 1 AND BASE BID SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.TH 55 OTTAWA WATERMAIN PROJECTCITY OF GOLDEN VALLEY, MN028092-000 25-05 EMILY A. BROWN5177306-03-202525MATCHLINE STA - 22+25SEE SHEET - 17MATCHLINE STA - 26+00SEE SHEET - 191.CONTRACTOR MUST VERIFY FORCEMAIN CROSSINGDEPTH.2.MAINTAIN A MINIMUM HORIZONTAL OFFSET OF 10'FROM FORCEMAIN OR SANITARY SEWER, UNLESSOTHERWISE STATED IN PLANS.3.DIRECTIONAL DRILLING BENDS TO BE VERIFIED BYCONTRACTOR IN THE FIELD.4.PVC PIPE SHALL BE C-900 FUSIBLE WATERMAIN.5.CONTRACTOR SHALL USE SPECIAL CONSTRUCTIONMETHODS TO KEEP CONSTRUCTION OPERATIONSWITHIN LIMITS IDENTIFIED ON THE PLAN (INCIDENTAL).6.PROVIDE THRUST BLOCKING PER DETAIL ON SHEET 7(INCIDENTAL). NOTES:1.8/26/2025CHANGE ORDER NO. 21 1 116 ||||||||||||||||||||||||||||||||||| HH S E W G G G G G G G G G G G G GGGG C C C C C C C C C C C C C F F F F F F F F F F F F F C C C C C CCCC C C C C C C C C C C C CCCCCCCCCCCCCCC C C C C C C GGGGE E E E E C C EEEEEEEEEEEEEEE C C C C C C C CCCCCCCCCCCCCCCCC CCCCCCCC CCCCCCCCCCCCC FFFFFFFF WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM ABWM ABWM ABOLSON MEMORIAL HWY(TH 55) 4800 4708 OLSON MEMORIAL HWY FRONTAGE RD N SSMNDOT ROW BASE BID BASE BID BID ALT 1 BID ALT 1 DRAINAGE AND UTILITY EASEMENT PROPOSED WATERMAINALIGNMENT 23+00 24+00 25+00 26+00OTTAWA AVE NS ||||||||||||||||||||||||||||||||||||| G G G G G G G G G G G G G G F F F F F F F F F F F F F E E E S S HH S GGC C C C C C C C C C C C C C F F CCCCCCCCC C C C CC C C C C C C C C C C C C C C C C C CG GGE E E E E E E E E E E E E E EEE E E E E E FF E EEE EEEEEEEEEEEEEEEEEE C C C C C C C C CC CCCCCCCCCCCCCC WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM ABWM AB4950 4800 OLSON MEMORIAL HWY(TH 55)SCHAPER RDSSS S STMNDOT ROW BID ALT 1 BID ALT 1 BID ALT 2 BID ALT 2 DRAINAGE AND UTILITY EASEMENT PROPOSED WATERMAINALIGNMENT 18+00 19+00 20+00 21+00 22+00 SEXCAVATION LIMITS LEGEND INLET PROTECTION FLOW DIRECTION SEDIMENT CONTROL LOGTYPE WOOD FIBER PERMANENT STABILIZATION:HYDRAULIC STABILIZED FIBER MATRIX@ 3500 LBS/ACRESEED MIX SOUTHERN BOULEVARD@ 160 LBS/ACRE WITHFERTILIZER TYPE 3 @ 350 LBS/ACRE STABILIZED CONSTRUCTION EXIT C:\ACC\ACCDocs\WSB\028092-000\Project Files\05_Discipline\Roadway\03_Sheets\028092-000-C-EROS-0001.dwg 8/26/2025 1:21:55 PM21R AS SHOWN HRD EABHRD SCALE IN FEET 0 H: 20 40 N EROSION CONTROL PLANS LOCATION BID ALTERNATE 1 AND BASE BID SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.TH 55 OTTAWA WATERMAIN PROJECTCITY OF GOLDEN VALLEY, MN028092-000 25-05 EMILY A. BROWN5177306-03-202525 N MATCHLINE STA - 18+00SEE SHEET - 20MATCHLINE STA - 22+25SEE BELOWMATCHLINE STA - 26+00SEE SHEET - 22MATCHLINE STA - 22+25SEE ABOVE1.THE CONTRACTOR SHALL AMEND THE SWPPP ANDEROSION CONTROL (EC) PLAN SHEETS TO SHOWTHE LOCATIONS OF PROPOSED STOCKPILES,STAGING AREAS, AND POTENTIAL POLLUTANTGENERATING ACTIVITIES (IF DESIGNATEDCONCRETE WASHOUT AREA, FUELING LOCATIONS,CHEMICAL STORAGE, ETC). INLET PROTECTION ISSHOWN FOR EXISTING STORM STRUCTURES.2.ADDITIONAL EC CAN BE ADDED AT ANY PHASE OFTHE PROJECT WITH APPROVAL BY THE ENGINEER.3.DISTURBED SOILS WITHIN 200' OF WETLAND ORSURFACE WATER NEED STABILIZATION WITHIN 24HOURS OF COMPLETION OR INACTIVITY. NOTES:CHANGE ORDER NO. 28/26/20251.1 1 1 117 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3E. Adopt Resolution No. 25-080 Approving Amendment to Legal Description of Resolution No. 25-060 Final Plat for Hope Second Addition Prepared By Chloe McGuire, Deputy Community Development Director Joseph Stark, Paralegal Summary The City Council adopted Resolution No. 25-060 on July 1, 2025, approving the final plat for Hope Second Addition, located at 504 Lilac Drive. The resolution in front of Council tonight amends the legal description. The legal description in the original resolution, while technically correct, was not consistent with prior legal descriptions utilized for this property. In order to create a clear process and path for this project, Staff is recommending an amendment to that resolution to update the legal description to be consistent with prior documents related to this property. This will allow a more transparent and clear path for the City, and for future property owners. In the attached resolution, the previously used legal description is indicated on page one under the first "Whereas" clause and describes Tracts A and B. The updated legal description begins at the end of page one and extends onto pages two and three. Both legal descriptions describe Tracts A and B, but the amended legal description is significantly longer than the originally utilized legal description. The second, longer legal description is far more precise. Both may be accurate, but for consistency across the project and to ensure no issues during the recording process with the County, Staff is proposing to use the second legal description. These types of legal description differences can result from numerous actions - this arose from two different surveyors working on this project. By utilizing the same legal description (that spans three pages), we are keeping a consistent legal record for this project. Financial or Budget Considerations There are no impacts to the HOPE program budget with this action. Legal Considerations The City's Legal Division has reviewed and approved of this resolution. This resolution amends the existing legal description in order to provide a clear chain of title for this property. Equity Considerations 118 This resolution is authorizing an amendment to a legal description on a prior resolution. The prior resolution is related to a final plat for the HOPE program, which received equity review. This resolution is procedural in nature and does not require additional equity review. Recommended Action Motion to adopt Resolution No. 25-080 approving amendment to Legal Description of Resolution No. 25-060 final plat for Hope Second Addition. Supporting Documents Resolution No. 25-080 - Approving Amendment to Legal Description of Resolution No. 25-060 Final Plat for Hope Second Addition 119 RESOLUTION NO. 25-080 RESOLUTION APPROVING AMENDMENT TO LEGAL DESCRIPTION OF RESOLUTION NO. 25-060 - FINAL PLAT FOR HOPE SECOND ADDITION WHEREAS, the City of Golden Valley, Applicant, previously requested approval of a final plat for “Hope Second Addition” covering the following described tracts of land: That part of Tracts A and B described below: Tract A. Lot 5, Block 2, Clover Leaf Terrace, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 1440913; Tract B. Lots 4 and 6, Block 2, Clover Leaf Terrace, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies easterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B15 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the Registrar of Titles and the office of the County Recorder in and for said County; thence northwesterly on an azimuth of 307 degrees 28 minutes 20 seconds along the boundary of said plat for 147.65 feet to Right of Way Boundary Corner B14 and the point of beginning of Line 1 to be described; thence on an azimuth of 193 degrees 46 minutes 00 seconds for 62.25 feet; thence on an azimuth of 181 degrees 09 minutes 03 seconds for 232.56 feet and there terminating. WHEREAS, the Council approved the final plat for “Hope Second Addition” by Resolution No. 25-060 on July 1, 2025; and WHEREAS, staff noted an error in the legal description as stated in Resolution No. 25-060 and wishes to correct that error. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley hereby amends, only as to paragraph 1 above, all other terms and conditions of the original Resolution to remain in full effect, Resolution No. 25-060 by replacing the Legal Description in paragraph 1 with the following: That part of Tracts A and B described below:    Tract A.    120 Resolution No. 25-080 -2- September 2, 2025 Lot 5, Block 2, Clover Leaf Terrace, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered;    Except that part which lies easterly of Line 1 described below and westerly of Line 2 described below:    Line 1.    Commencing at Right of Way Boundary Corner B23 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the Registrar of Titles and office of the County Recorder in and for said County; thence southwesterly on an azimuth of 244 degrees 33 minutes 51 seconds along the boundary of said plat for 45.93 feet to Right of Way Boundary Corner B24; thence continue on an azimuth of 244 degrees 33 minutes 51 seconds for 66.04 feet; thence on an azimuth of 230 degrees 32 minutes 45 seconds for 15.21 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 337 degrees 11 minutes 06 seconds for 115.04 feet; thence on an azimuth of 345 degrees 56 minutes 42 se conds for 190.29 feet; thence on an azimuth of 348 degrees 50 minutes 14 seconds for 156.87 feet; thence on an azimuth of 351 degrees 29 minutes 53 seconds for 144.16 feet; thence on an azimuth of 357 degrees 06 minutes 03 seconds for 136.76 feet; thence on an azimuth of 04 degrees 41 minutes 16 seconds for 231.67 feet and there terminating;    Line 2.    Commencing at Right of Way Boundary Corner B15 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the Registrar of Titles and office of the County Recorder in and for said County; thence northwesterly on an azimuth of 307 degrees 28 minutes 20 seconds along the boundary of said plat for 147.65 feet to Right of Way Boundary Corner B14 and the point of beginning of Line 2 to be described; thence on an azimuth of 193 degrees 46 minutes 00 seconds for 62.25 feet; thence on an azimuth of 181 degrees 09 minutes 03 seconds for 232.56 feet and there terminating;    the title thereto being registered, as is evidenced by Certificate of Title No. 1579960.    Tract B    Lots 4 and 6, Block 2, CLOVER LEAF TERRACE, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies within the following described line: Beginning at 121 Resolution No. 25-080 -3- September 2, 2025 Right of Way Boundary Corner B14 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the Registrar of Titles and office of the County Recorder in and for said County; thence southeasterly on an azimuth of 127 degrees 28 minutes 20 seconds along the boundary of said plat for 147.65 feet to Right of Way Boundary Corner B15; thence on an azimuth of 220 degrees 17 minutes 38 seconds along the boundary of said plat for 73.63 feet to Right of Way Boundary Corner B16; thence on an azimuth of 204 degrees 24 minutes 40 seconds along the boundary of said plat for 149.76 feet to Right of Way Boundary Corner B17; thence on an azimuth of 176 degrees 11 minutes 12 seconds along the boundary of said plat for 10.95 feet; thence on an azimuth of 270 degrees 37 minutes 56 seconds for 27.89 feet; thence on an azimuth of 01 degrees 09 minutes 03 seconds for 232.56 feet; thence on an azimuth of 13 degrees 46 minutes 00 seconds for 62.25 feet to Right of Way Boundary Corner B14 as shown on said Plat No. 27-103 and there terminating.    (Tract B is Abstract Property)  Adopted by the City Council this 2nd day of September, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 122 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 3F. Adopt Resolution No. 25-081 Approving Ȟaȟá Wakpádaŋ/Bassett Creek Co-Naming Policy Prepared By Ethan Kehrberg, Sustainability Specialist Chloe McGuire, Deputy Community Development Director Summary The Bassett Creek Watershed Management Commission (BCWMC) officially co-named the Creek in 2024, and since, Staff have slowly started to utilize the co-naming on our digital documents and in conversations about the Creek. The Environmental Commission (EC), Diversity, Equity, and Inclusion Commission (DEIC) and Open Space and Recreation Commission (OSRC) have discussed co-naming the Creek, as well as other water bodies. At their July 28 meeting, the Environmental Commission unanimously recommended that City Council adopt a creek co-naming policy for Ȟaȟá Wakpádaŋ/ Bassett Creek. Staff are supportive of the co-naming practice to further the City's diversity, equity, and inclusion focus, and also further act on the City's land acknowledgement statement. Background on Bassett (Current Namesake) As Europeans began to settle the area, they found the Ȟaȟá Wakpádaŋ and its watershed to be valuable property. Joel Bean Bassett, born in New Hampshire, came to Minneapolis in 1850 and began working in the lumber industry. He purchased land near the creek and started a farm. He became the first probate judge of Hennepin County. Because of his business and community stature, locals began calling the creek “Bassett’s Creek.” Working as an Indian Agent at Crow Wing from 1865 to 1869, Bassett helped enforce a land treaty designed to concentrate the Ojibwe population in a single place. It encouraged them to farm elsewhere to open forests to logging. With capital from several investors, Bassett built a steam- powered sawmill along the creek. His lumber and flour-milling operations lasted into the 1890s. By the late 1880s, Bassett was convicted of fraudulent timber harvesting, and in 1902 the U.S. Supreme Court ruled that J. B. Bassett & Co. and others had illegally taken timber from the White Earth reservation. Contracts let them take 2.8 million board feet of dead and downed timber. But Bassett and the other defendants harvested far more, ultimately taking 17 million board feet, including standing timber — more than six times what was allowed. Summary 123 In an intention to help acknowledge past harms to the indigenous community, and in an intention to align with BCWMC, City Staff is supportive of the co-naming policy. The policy includes language on who should utilize the policy, when, and how to utilize the co-naming in practice when special characters are not available. Staff, contractors, and other City Representatives will utilize the policy in both written and verbal communication including but not limited to online content, maps, plans, and signs. Financial or Budget Considerations Staff worked on this policy as part of their regular duties. There will be costs associated with signage updates if the policy passes including the signs at the Bassett Creek Nature Area, wayfinding signage along the creek, and interpretative signage about the creek and stormwater programs. There are approximately 25 signs that reference Bassett Creek, some of these were originally purchased by BCWMC and City Staff will work with them to replace those signs. The budget for the other signs will be determined when replacement is ordered. Streets and trails using the Bassett Creek namesake would not be renamed as part of this effort. A re- naming of streets or trails and associated re-addressing would take a larger public effort. An understanding of the impacts to individual property owners would need to be heavily considered and is therefore not recommended at this time. Legal Considerations The City's Legal Division has reviewed and approved the draft policy. Equity Considerations The City's Equity Division has reviewed the policy. Additionally, the City's Diversity, Equity, and Inclusion Commission (DEIC) and Open Space and Recreation Commission (OSRC) have reviewed the draft policy. The co-naming of the Creek is a tangible action to provide additional recognition to the Dakota People. Recommended Action Motion to adopt Resolution No. 25-081 approving Ȟaȟá Wakpádaŋ/Bassett Creek Co-Naming Policy. Supporting Documents BCWMC Creek Co-Naming Practices Resolution No. 25-081 - Approving Ȟaȟá Wakpádaŋ Co-Naming Policy Exhibit A - Ȟaȟá Wakpádaŋ Co-Naming Policy 124 Land and Water Acknowledgement Statement Adopted May 2024 We acknowledge that the waterways of he Ȟaȟá Wakpádaŋ,locaed in Mnisoa Makoċe,he homeland of he Dakoa peoples,are living waers which are parof a larger living ecosysem. Hisorically,he Ȟaȟá Wakpádaŋ provided maerial,nurional,and spiriual susenance o he Dakoa peoples. We acknowledge he forced removal of the Dakoa from he lands and waerways hanurured hem as relaves.And,we recognize he environmenal degradaon haconnues in he waershed oday. The living waers of Ȟaȟá Wakpádaŋ remain significano he Dakoa and oher Nave peoples,including many who presenly live in he waershed.The Basset Creek Waershed ManagemenCommission seeks o idenfy and inegrae Nave wisdom by collaborang wih Indigenous peoples and communies o reduce he impacs of climae change and improve he ecosysem healh for all living beings in he waershed. Acknowledging he complex pasand presenraumas and riumphs is a sep oward healing for he land, waershed,and peoples who live in he waershed oday. Diversity,Equity,Inclusion,Accessibility Policy Adopted August 2024 The BCWMC is commited o undersanding issues and priorizing improvemens in diversiy,equiy,inclusion, and accessibiliy as hey relae o he Commission’s work in improving and proecng aquac ecosysems, building climae resiliency,and reducing flood risk.The BCWMC srives for diverse represenaon in decision making,robusengagemenand communicaon wih hisorically underrepresened communies,equiable access o informaon and resources,and use of social vulnerabiliy and similar indices in priorizaon of is projecs and programs. Creek Co-Naming Practces Approved December 2024 a.For simpliciy righnow use boh he Dakoa and English names only for he creek and only on he main sem of he creek.(Some lakes or oher sreams have Dakoa names and ohers eiher don’have Dakoa names or hey are unknown.) b.Be consisenwih forma.Place he Dakoa name firs,hen use a slash (raher han a hyphen),and hen lis he English name:Ȟaȟá Wakpádaŋ /Basset Creek. c.Use co-naming wherever possible,parcularly on public facing documens and places including signs aroad crossings;signs aprojecsies,in parks,and aUepils;on he BCWMC websie;on he BCWMC leterhead. d.Consider using Dakoa arwork (in addion o he name)on signs,on websie,and oher appropriae places. e.Consider where boh creek names should be used in he Waershed ManagemenPlan. 125 RESOLUTION NO. 25-081 RESOLUTION FOR ADOPTION OF Ȟaȟá Wakpádaŋ/ BASSETT CREEK CO-NAMING POLICY WHEREAS, the City of Golden Valley (the “City”) is committed to taking actionable steps to strengthen diversity, equity, and inclusion; and WHEREAS, the City passed the Land Acknowledgment Statement on May 17, 2022, acknowledging and honoring the Dakota Peoples, on whose ancestral lands the City is built and whose land resources we use; and WHEREAS, the Bassett Creek Watershed Management Commission (BCWMC) adopted their Creek Co-Naming Practices in December 2024, co-naming Ȟaȟá Wakpádan/Bassett Creek after an oral history project and Ȟaȟá Wakpádan & Indigenous Culture; and WHEREAS, the City’s Environmental Commission met on June 23, 2025, and unanimously recommended approval of adopting BCWMC’s Co-Naming Practice locally to align in naming practice; and WHEREAS, the City’s Diversity, Equity, and Inclusion Commission (DEIC) and Open Space and Recreation Commission (OSRC) reviewed the draft policy via email in August 2025; and WHEREAS, the City seeks to co-name Bassett Creek with Ȟaȟá Wakpádan, the Dakota People’s name for Bassett Creek. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley adopts the Ȟaȟá Wakpádan/Bassett Creek Co-Naming Policy attached hereto as Exhibit A. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of September 2025. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 126 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Information Policy Title: Co-Naming Ȟaȟá Wakpádaŋ/Bassett Creek Department: Community Development Policy Owner (job title): Sustainability Specialist Policy ID: Council Approval Date: September 2, 2025 Resolution Number: 25-0XX Effective Date: ☒New ☐ Updated Policy Overview Policy Description: This policy governs the naming of Bassett Creek, a local waterway, on City documents. This policy requires the City co- name the creek with its Dakota name, “Ȟaȟá Wakpádaŋ” and the English name “Bassett Creek.” Purpose & Scope: Purpose The City of Golden Valley (the “City”) wishes to acknowledge and honor the Dakota nation, on whose ancestral land the City of Golden Valley is built, and whose land and water resources we use. The City intends to follow the Bassett Creek Watershed Management Commission (“BCWMC”) in co-naming the Ȟaȟá Wakpádaŋ/Bassett Creek (the “Creek”). Per BCWMC, one way to honor Indigenous communities is through language. Using Dakota place names and vocabulary is an important step in acknowledging Dakota history, culture, and ongoing contributions to natural and human communities. Background The BCWMC worked with local leaders on their co-naming policy, including Roxanne Biidabinokwe Gould, professor emeritus of Indigenous and environmental studies, and Jim Rock. Both Roxanne and Jim live in Golden Valley near the Ȟaȟá Wakpádaŋ. The Environmental Commission voted to recommend the City Council adopt the BCWMC’s Co-Naming Policy at its June 2025 meeting. Scope This policy applies to any content sponsored, established, registered, or authorized by the City and any of its Departments or Divisions including, but not limited to: Online Content, including Social Media and City Webpages Maps Small Area Plans and Comprehensive Plans Signs All City Representatives shall utilize this policy when referring to the Creek both inside and outside the limits of Golden Valley. The Creek does not follow the geographic limits of the City. All City Representatives shall follow the co-naming policy in both written and verbal communications. Questions regarding the scope of this policy should be directed to the Community and Economic Development Director. 127 Definitions:  Ȟaȟá Wakpádaŋ means “Creek to the River of the Falls” or “Falls Creek,” and is the Dakota name for the creek with the English name Bassett Creek.  City Representatives means all City employees, agents, independent contractors, and elected and appointed officials.  Bassett Creek means the Main Stem Bassett Creek as indicated by the BCMWC and defined on its website. Related Documents, Materials & Resources:  A copy of the Bassett Creek Watershed Management Commission’s “Creek Co-Naming Practices: Approved December 2024” is attached.  Ȟaȟá Wakpádaŋ” & Indigenous Culture Webpage from BCWMC  City of Golden Valley Land Acknowledgement Statement  How to Pronounce Ȟaȟá Wakpádaŋ Policy The City of Golden Valley approves and applauds the Bassett Creek Watershed Management Commission’s decision to use both the Dakota and English names for the creek with the English name “Bassett Creek.” To the extent it is within the authority of the City of Golden Valley, and to the extent it is consistent with the practices and policies of the Bassett Creek Watershed Management Commission: 1) Both the Dakota and English names shall be used on the main stem of the creek; 2) The Dakota name shall be placed first, then a slash (rather than a hyphen), then the English name: Ȟaȟá Wakpádaŋ/Bassett Creek; 3) The individual characters and accents shall be used whenever possible. When an app or webpage does not allow unique characters, Haha Wakpadan/Bassett Creek may be acceptable; 4) This co-naming shall be used wherever possible, particularly on public facing documents and places, including signs at road crossings, signs at project sites, and in parks; 5) Because Ȟaȟá Wakpádaŋ means “Falls Creek”, it may be appropriate to place “the” in front of Ȟaȟá Wakpádaŋ/Bassett Creek depending on usage; 6) The City will use Dakota artwork on signs and other appropriate places whenever possible. 128 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 5A. Adopt Resolution No. 25-076 Adopting Supplement One to GVPD Policy Manual Prepared By Brittany Froberg, Police Support Services Supervisor Summary The Police Department, Human Resources, City Managers, and Legal Departments have drafted a comprehensive document outlining the key updates made to Chapter 10 of the Golden Valley Police Department's Policy manual. It was necessary for City Council to have an opportunity to review the extensive policy updates prior to making a formal decision. Staff recommends that the City Council adopt the proposed supplement to the Police Department Policy Manual, which updates and clarifies key personnel policies. The Police Department Manual serves as a critical tool in guiding the administration, operations, and accountability of the department. This supplement focuses primarily on personnel-related policies and addresses areas such as recruitment, promotions, performance evaluations, leave and accommodations, disciplinary procedures, and standards for conduct. The policies contained in Supplement One will be added to Chapters 3 and 10 of the GVPD Policy Manual. Key goals of the supplement include: Ensuring alignment with state and federal employment laws, including the Minnesota Human Rights Act, the Americans with Disabilities Act (ADA), the Police Officer Disciplinary Procedures Act (PODPA), and Title VII of the Civil Rights Act. Promoting consistency and transparency in personnel decisions. Establishing clear expectations for professional conduct and accountability. Clarifying key safety procedures. Financial or Budget Considerations There are no financial or budget considerations. Legal Considerations Adopting this supplement strengthens the City’s legal compliance framework. It helps mitigate risk by ensuring that personnel decisions are governed by up-to-date, legally sound policies. Clear procedures for hiring, discipline, and workplace accommodations reduce the likelihood of liability due to inconsistent, illegal, or discriminatory practices. 129 Equity Considerations The updated policies advance the City’s commitment to equity by embedding principles of fairness, inclusivity, and nondiscrimination into departmental operations. The supplement includes provisions to: Promote equitable recruitment and promotion processes. Ensure reasonable accommodations for employees with disabilities. Foster a respectful and inclusive workplace culture. These efforts support the City’s broader equity goals and help build community trust by demonstrating a commitment to a fair and accountable public safety system. Recommended Action Motion to adopt Resolution No. 25-076 adopting Supplement One to GVPD Policy Manual. Supporting Documents Chapter 10 Policies Comparison (Supplement One vs All Previously Approved Policies) Resolution No. 25-076 - Adopting Supplement One to the GVPD Policy Manual Exhibit A - Supplement One to GVPD Policy Manual Previously Adopted Police Policy Manual (Approved 9-15-2020, Partially Superseded) Allegations of Misconduct Policy (approved 9-3-2024, re-approved 8-6-2025) 130 GVPD Policy Manual Update Supplement One Comparison Summary 131 Summary Table New Policy Old Policy Summary of Changes 1000—Recruitment & Selection None No previous written policy. Implementing new written procedures to clarify roles of command staff, supervisors, and Human Resources. Previously referred employees to City Employee Handbook. Command staff requested department specific policy for clarity. Added new policy to: • Implemented Lexipol best practices (based on Nation-wide risk analysis models) • Align with Minnesota State Law • Align with Human Resources and business best practices • Align with City Code • Ensure consistency with City-wide policies, practices, and procedures • Address issues related to 24-7 staffing 1001—Evaluation of Employees G.P.8.04—Officer Performance Evaluation System See summary of changes: 1001 Evaluation of Employees 1002—Rotational Duties, Special Assignments, and Promotions G.P.4.08—Special Assignment Selection G.P.4.14—Officer in Charge Assignment See summary of changes: 1002 Rotational Duties, Special Assignments, and Promotions 1003—Grievance Procedure G.P.6.07—Labor Management Disputes See summary of changes: 1003 Grievance Procedure 1004—Anti- Retaliation None Previously referred employees to City of Employee Handbook. Command staff requested department specific policy for clarity and to address command staff and supervisor roles in the event of a retaliation complaint. 132 1005—Reporting of Employee Convictions & Court Orders G.P.8.01, Code of Conduct, Principle 8 See summary of changes: 1005 Reporting of Employee Convictions & Court Orders 1006—Drug and Alcohol-Free Workplace G.P.4.07—Drug & Alcohol Testing See summary of changes: 1006 Drug & Alcohol- Free Workplace 1007—Absence due to Illness None Previously referred employees to City Employee Handbook. Command staff requested department specific policy for clarity and to address issues related to 24-7 staffing. 1008— Communicable Diseases G.P.4.09— Bloodborne Pathogen Exposure See summary of changes: 1008 Communicable Diseases 1009—Smoking and Tobacco Use None Previously referred employees to City Employee Handbook. Command staff requested department specific policy for clarity and to address issues related to 24-7 staffing. Added new policy to: • Implemented Lexipol best practices (based on Nation-wide risk analysis models) • Align with Minnesota State Law • Align with Human Resources and business best practices • Align with City Code • Ensure consistency with City-wide policies, practices, and procedures 1010—Personnel Complaints G.P.8.07 superseded on XX.XX by POST Template See summary of changes: 1010 Personnel Complaints 1011—Seat Belts None No previous policy. Added new policy to address safety concern and to: • Implemented Lexipol best practices (based on Nation-wide risk analysis models) • Align with Minnesota State Law • Ensure consistency with City-wide policies, practices, and procedures 133 1012—Ballistic Vests G.P.8.15—Body Armor See summary of changes: 1012 Ballistic Vests 1013—Personnel Records G.P.4.10—Managing Personnel Files See summary of changes: 1013 Personnel Records 1015— Commendations & Awards G.P.8.05— Department Awards See summary of changes: 1015 Commendations & Awards 1016—Fitness for Duty None Previously referred employees to City Employee Handbook. Command staff requested department specific policy for clarity and to: • Implemented Lexipol best practices (based on Nation-wide risk analysis models) • Align with Minnesota State Law • Align with Human Resources and business best practices • Eliminate potential conflict to collective bargaining agreements to • Ensure consistency with City-wide policies, practices, and procedures • Address issues related to physical nature of job 1017—Meal Periods & Breaks None Previously referred employees to City Employee Handbook. Command staff requested department specific policy for clarity and to address issues related to 24-7 staffing. 1021—Outside Employment G.P.8.02—Off Duty Employment See summary of changes: 1021 Outside Employment 1022—Occupational Disease, Personal Injury & Death Reporting G.P.4.09— Bloodborne Pathogen Exposure See summary of changes: 1022 Occupational Disease, Personal Injury & Death Reporting 1023—Personal Appearance Standards G.P.8.14—Personal Grooming See summary of changes: 1023 Personal Appearance Standards 134 1024—Uniform Regulations G.P.1.02—Uniforms & Equipment See summary of changes: 1024 Uniform Regulations 1026—Nepotism & Conflicting Relationships None No prior policy. Added new policy to: •Implemented Lexipol best practices (based on Nation-wide risk analysis models) •Align with Minnesota State Law •Align with Human Resources and business best practices •Eliminate potential conflict to collective bargaining agreements to •Ensure consistency with City-wide policies, practices, and procedures 1027—Department Badges G.P.1.02—Uniforms & Equipment See summary of changes: 1027 Department Badges 1028—Temporary Modified Duty Assignments (Light- Duty) None Previously referred employees to City Employee Handbook. Command staff requested department specific policy for clarity and to address issues specific to police duties. Added new policy to: •Implemented Lexipol best practices (based on Nation-wide risk analysis models) •Align with Minnesota State Law •Align with Human Resources and business best practices •Eliminate potential conflict to collective bargaining rights •Ensure consistency with City-wide policies, practices, and procedures 1029—Performance History Audits None No prior policy. Added new policy to: •Implemented Lexipol best practices (based on Nation-wide risk analysis models) •Align with Minnesota State Law •Align with Human Resources and business best practices •Eliminate potential conflict to collective bargaining agreements to •Ensure consistency with City-wide policies, practices, and procedures 135 1030—Employee Speech, Expression, and Social Networking G.P.8.01—Code of Conduct , Principle 8 See summary of changes: 1030 Employee Speech, Expression, and Social Networking 1031—POST Licensing G.P.4.10—Managing Personnel Files See summary of changes: 1031 POST Licensing 1032—Workplace Accident and Injury Reduction G.P.4.05—Injured on Duty Claims G.P.4.01—Critical Incidents See summary of changes: 1032 Workplace Accident and Injury Reduction 1033—Line of Duty Deaths G.P.4.05—Injured on Duty Claims G.P.4.01—Critical Incidents See summary of changes: 1033 Line of Duty Deaths 1034—Wellness Program G.P.8.16—Check Up for the Neck Up See summary of changes: 1034 Wellness Program 334—Chaplains None No prior policy. Driving changes for addition: • Implemented Lexipol best practices (based on Nation-wide risk analysis models) • Align with Minnesota State Law • Align with Human Resources and business best practices • Ensure consistency with City-wide policies, practices, and procedures • Ensure safety and wellness for officers as well as volunteers serving in Chaplain role 136 1001 Evaluation of Employees Summary of Main Distinctions • NEW: Policy 1001 provides a general, process-oriented employee evaluation system emphasizing objectivity, legal compliance, and annual review—providing more flexibility for the City and employees to identify appropriate criteria; based on City- wide process and links to broader organizational goals, creating less of a silo. • GVPD Policy 8.04 details a structured, trait- and standards-based officer evaluation system, frequent and systematic documentation, explicit ratings and appeals processes, and a focus on the department’s operational mission. Alignments, Updates, and Additions New Policy Previous Policy • requires annual evaluations, emphasizes documentation, ongoing feedback throughout the evaluation period, and private review meetings with employees. • requires semi-annual evaluations, systematic shift/quarterly note-taking, annual joint supervisor ratings, and structured remediation for unsatisfactory ratings, which do not align with City processes/systems. • focuses on a combination of performance traits and job-specific factors, objectivity, and fairness. • focuses only on six specific performance traits and use of behavioral guidelines. • specifies central storage in the Human Resources personnel file and emphasized compliance with retention schedule. • instructs supervisors to maintain ongoing evaluation files, resulting in duplicate and incomplete records; and does not leverage HR personnel file as central storage, which aligns with general retention schedule. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Reference to collective bargaining agreements to eliminate potential conflict. • Consistency with City-wide policies, practices, and procedures. 137 1002 Rotational Duties, Special Assignments, and Promotions Summary of Main Distinctions • NEW: Policy 1002 provides broad, flexible, department-wide policies for assignments and promotions with centralized, discretionary authority and general selection frameworks. The new policy also distinguishes between rotational duties, special assignments, and promotions to ensure fair compensation and compliance with collective bargaining agreements. • Policy 4.08 creates narrowly focused, highly structured procedures for key roles (Detective, OIC), mandates explicit notifications, prescribes detailed supervisory and evaluation practices, and included outdated labor contract specifics for compensation and process. Alignments, Updates, and Additions New Policy Previous Policy • establishes broad, department-wide policies covering three main categories of assignments: rotational duties, special assignments, and promotions. It provides general frameworks, definitions, selection authorities, and criteria for each category. • does not comprehensively cover all special assignments, instead covers only Detective and Officer in Charge (OIC). • describes comprehensive, multi-step processes for special assignments, including supervisor recommendations, interviews with the Assistant Chief, Chief’s assignment, and City Manager confirmation. The Chief holds discretionary power to waive these procedures in temporary or emergency circumstances. • provides a standardized, competitive testing and selection process based on outdated civil service model only for the detective assignment. For OIC, it details a direct assignment by the sergeant based on discretion, with no formal testing, focusing instead on experience and competence. • provides no process for other roles. • presents role categories and evaluation criteria but avoids items that are more appropriately covered in job descriptions and collective bargaining agreements, such as specific duties and pay. • presents role categories and evaluation criteria but does not list specific tasks or duties for assignments; instead, it refers to qualifications, traits, and performance metrics generally. 138 Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Reference to collective bargaining agreements to eliminate potential conflict. • Consistency with City-wide policies, practices, and procedures. 139 1003 Grievance Procedure Summary of Main Distinctions • NEW: Policy 1003 refers employees to collective bargaining agreements for applicable grievance procedures. This approach eliminates potential conflicts with state law and collective bargaining agreements and appropriately cues employees to consult with their union representatives regarding any questions related to the grievance process. • GVPD Policy 6.07 restates applicable law regarding police officer requirement to continue to perform law enforcement duties notwithstanding labor disputes with City management. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Reference to collective bargaining agreements to eliminate potential conflict. • Consistency with City-wide policies, practices, and procedures. 140 1005 Reporting of Employee Convictions & Court Orders Summary of Main Distinctions • NEW: Policy 1005 requires employees to report criminal convictions, arrests, and court orders, especially those impacting legal eligibility to serve as a peace officer or to possess firearms. • GVPD Policy 8.01 addresses officer conduct off duty but does not explicitly require mandatory reporting. Alignments, Updates, and Additions New Policy Previous Policy • contains mandatory reporting requirements for employees regarding criminal convictions, arrests, and court orders, especially those impacting legal eligibility to serve as a peace officer or to possess firearms. • states that officers should conduct themselves in accordance with the law and avoid behavior that discredits themselves or the agency whether on or off-duty • does not contain mandatory reporting requirements. • contains clear disciplinary consequences for failure to report, including administrative leave, reassignment, termination, or revocation of departmental identification for retirees. • does not contain any provisions related to the reporting of employees’ own legal matters such as criminal convictions or court orders, nor any eligibility requirements for employment or firearm possession. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Reference to collective bargaining agreements to eliminate potential conflict. • Consistency with City-wide policies, practices, and procedures. 141 1006 Drug and Alcohol-Free Workplace Summary of Main Distinctions • NEW: Policy 1006 Policy 1006 functions as a brief, introductory statement, deferring substantive content to the City’s Employee Handbook, which contains procedural and legal requirements related to drugs and alcohol in the workplace. • GVPD Policy 4.07 acted as a stand-alone Drug & Alcohol Testing policy applicable only to the police department. While both policies cover the same subject matter and were substantively similar, Policy 4.07 was out of date, having not been updated since 1990. To avoid this issue in the future, and to ensure consistent processes and procedures across all City departments, staff recommends referring employees to the City Employee Handbook. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Reference to collective bargaining agreements to eliminate potential conflict. • Consistency with City-wide policies, practices, and procedures. 142 1008 Communicable Diseases Summary of Main Distinctions • NEW: Policy 1008 takes a broad approach, addressing all communicable diseases—including those transmitted by blood, other bodily fluids, tissue, and via respiratory means (e.g., tuberculosis, HBV, HIV). Bloodborne pathogen risks are included under the umbrella of “communicable diseases.” Explicit definitions are provided for “communicable disease” and “exposure,” including both bloodborne and airborne risks. The policy requires a department lead on matters related to communicable diseases. • GVPD Policy 4.09 is narrowly focused on bloodborne pathogens, specifically covering exposures to blood and certain other potentially infectious materials (OPIM) as defined by OSHA and CDC. Airborne or non-bloodborne communicable diseases are not covered. Definitions are precise for “blood,” “OPIM,” “occupational exposure,” and “significant exposure,” but there is no general category for "communicable diseases." This policy was last updated in 2013. Alignments, Updates, and Additions New Policy Previous Policy • requires Chief to designate department lead for exposure prevention, control, mitigation, and planning. • does not designate a specific department lead for exposure related matters. • prevention, reporting, and mitigation strategies encompass both bloodborne and airborne diseases. • Universal precautions are mandated for all bodily fluids, and specific measures address contact, droplet, and airborne risks. • prevention measures are strictly for circumstances involving bloodborne pathogens. • applies broadly to “members” of the department with exposure risk, without explicit classification of employees. • Training and PPE access are matched to risk, but there is no detailed high-risk role identification. • indicates specific employee classes (sworn officers, designated first responders) as at occupational risk. • Only these roles are assigned relevant tasks and receive corresponding protections, vaccinations, and training. 143 Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Consistency with City-wide policies, practices, and procedures. 144 1010 Personnel Complaints Summary of Main Distinctions • NEW: Policy 1010 provides Agency-specific policy that applies to all department members and aligns with our Employee Handbook, as well as City, State, and Federal laws. • GVPD Allegations of Misconduct Policy is not tailored to local operational detail, rather, it is an exact copy of the model policy provided by the Minnesota POST Board. While it is similar to Policy 1010 in many respects, it has not been customized or adapted to the agency. Both policies broadly apply to both criminal and administrative misconduct involving any department employee (not just peace officers) and contain thorough instructions with regard to the acceptance and processing of complaints. Both policies also encompass complaints submitted by employees and members of the public. Alignments, Updates, and Additions New Policy Previous Policy • applies to complaints regarding allegations of misconduct or improper job performance that, if true, would constitute a violation of department policy, City policy, or federal, state, or local law policy or rule. • defines misconduct to include a violation of an agency policy or procedure governing conduct of agency members or conduct by a peace officer that would be a violation of POST Standards of Conduct. • details right to appeal in accordance with law or CBA. • detailed processes with no reference to CBA. • centralizes responsibility with the Chief Law Enforcement Officer (CLEO) or designee, while designating muti-level responsibilities for supervisors, command staff, and HR during complaint intake and investigations. Includes a multi-tiered review process. • details multi-level responsibilities for supervisors, and command staff, during complaint intake and investigations. Does not include a multi-tiered review process or contemplate Human Resources support or information sharing. • removes references to officials that are inconsistent with Plan B form of government (i.e. sheriff, county attorney, board of county administrators). • contains reference to various officials that are not applicable to Plan B form of city government. 145 • requires external investigation when subject is a member of the command staff. • requires complaints against Chief to be made to City Manager. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Reference to collective bargaining agreements to eliminate potential conflict. • Alignment with Minnesota State Law, Human Resources, and business best practices. • Consistency with City-wide policies, practices, and procedures. 146 1012 Ballistic Vests Summary of Main Distinctions • NEW: Policy 1012 The first document centers on "ballistic vests" and provides detailed agency guidelines for their use, focusing on situations where officers could be expected to take enforcement action. • GVPD Policy 8.15 uses the term "body armor," and emphasizes maximizing officer safety across both uniformed and some non-uniformed roles, with explicit references to soft body armor. GVPD Command Staff requested changes to this policy to align with department practices and clarify the meaning of body armor, which only includes ballistic vests. Other types of body protection are only used in very specific circumstances (such as SWAT) and are covered by other policies. Alignments, Updates, and Additions Term New Policy Old Policy Scope/Terminology Ballistic vests; situation- based Soft body armor; role-based Officer Roles Assignment/situation defined Explicitly uniformed/non- uniformed Mandatory Use Enforcement situations, with exceptions All uniformed field duties, certain non-uniformed Exceptions Limited; supervisor discretion Detailed; includes medical, SWAT, etc. Replacement Agency replaces if worn/damaged Agency replaces except for misuse/abuse Inspection Scheduled, supervisor- documented Officer self-inspects, no schedule Training Required; Training Sergeant tasked Not addressed Consequences Not specified Officer pays for misuse/abuse Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. 147 1013 Personnel Records Summary of Main Distinctions • NEW: Policy 1013 provides guidance on maintaining personnel data and preservation of the confidentiality of personnel data pursuant to the Constitution and the laws of Minnesota —provides comprehensive and robust procedures that address privacy, segregation of sensitive data, employee rights (access, response, correction), internal mechanisms for purging, and detailed handling of various record types. • GVPD Policy 8.04 details maintain records outlined below in accordance with sound management practices and with applicable statutory requirements – provides general guidance, emphasizes statutory compliance, and provides less internal guidance on access rights, procedural protections, or the segregation and heightened confidentiality of sensitive information. Alignments, Updates, and Additions New Policy Previous Policy • divides personnel-related files into several distinct types (personnel, supervisor, training, medical, and employee assistance files), each with tightly defined content, purpose, and storage/location requirements • categorizes files by functional area (e.g., payroll/benefits, injured on duty, internal affairs, training, personnel, etc.) and assigns responsibilities by department (e.g., Finance, City Manager, Police Command) • provides a detailed breakdown of what constitutes the personnel file and the separation of certain sensitive data (such as medical and employee assistance records) into other segregated files. • lists the main types of content found in the personnel file (application, discipline, evaluations, etc.) • does not address the segregation of medical or highly sensitive data as a standard practice • establishes detailed protocols for employee access, including statutory rights, procedures for challenging or removing items, and notification requirements when disclosures occur. • codifies exceptions to employee access (e.g., ongoing investigations, confidential references). • notes that records are to be available consistent with statutory requirements • does not specify the procedures for access, notification, or item removal/request for correction, nor does it elaborate on exceptions or outline employee rights to the same degree. 148 Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. 149 1015 Commendations & Awards Summary of Main Distinctions • NEW: Policy 1015 provides detailed processes for department members to nominate each other for and receive awards. The policy establishes the different kinds of awards and establishes a committee for handling the awards program. • GVPD Policy 8.05 enumerates eligibility, nomination, and recognition processes for both department members and the community. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Human Resources and business best practices. • Reflection of current GVPD practices. 150 1021 Outside Employment Summary of Main Distinctions • NEW: Policy 1021 is detailed in defining, regulating, and restricting outside employment, including prohibitions, thorough procedural and oversight requirements, numeric and performance-based revocation criteria, and provisions for special situations like disability or city-contracted security assignments. • G.P. 8.02 is less prescriptive, relies on the Chief’s discretion, and features strict hour limits but fewer explicit restrictions and procedures, especially regarding security employment and use of departmental resources. Alignments, Updates, and Additions New Policy Previous Policy • offers an expansive definition, covering all compensated work outside the department, including self- employment. • focuses more on employment for others and does not explicitly mention self-employment. • establishes a multi-layered approval process requiring submission with mandatory written documentation and notice. There are procedures for changes, renewal, and revocation (including an appeals process). • requires written approval from the Chief before starting employment, with requests routed through the supervisor and documented in the personnel file. • approvals for changes follow the same process as initial applications, but the approval remains under the sole discretion of the Chief. There is no mention of an appeals process for denial or revocation. • details specific prohibited roles (e.g., private security guard, private investigator) and also prohibits outside employment involving department resources, symbols, or influence. • vests the determination of incompatible employment in the Chief of Police’s discretion and does not list specific universally banned roles but disallows anything deemed incompatible with police duties. • strictly forbids use of any departmental resources, data, or equipment for outside employment purposes; • generally prohibits the use of department uniform, badge, or equipment for outside employment, • mainly prohibits use of city vehicles for outside employment unless explicitly approved. • does not address the broader use of other departmental resources. 151 except for special approved department contracts. • requires wearing the official uniform and equipment for approved law enforcement/security outside jobs, • no broad prohibition on department resource use in such contexts. • prohibits private security/traffic control outside employment unless arranged via an approved City contract with indemnification, regulates such assignments extensively, and places them outside collective bargaining. • allows approval for security-type outside employment at the Chief’s discretion, prescribes uniform/equipment requirements but does not explicitly prohibit any category of outside security work, nor does it require City contracts or mention indemnification or collective bargaining exceptions. • restricts outside employment during disability, administrative leave, or modified duty, including mandatory notification, supervisor review, and detailed revocation criteria. • does not address outside employment during disability or leave, presenting no special procedures or requirements. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Reference to collective bargaining agreements to eliminate potential conflict. • Consistency with City-wide policies, practices, and procedures. 152 1022 Occupational Disease, Personal Injury & Death Reporting Summary of Main Distinctions • NEW: Policy 1022 is broad, addressing all occupational diseases, personal injuries, and deaths as defined by state law, with detailed reporting, administrative review, and references to workers’ compensation and third-party settlements. It does not provide prevention or exposure protocols. • GVPD Policy 4.09 is narrow, focused strictly on bloodborne pathogen exposure, with operational procedures for prevention, immediate response, medical follow-up, training, and OSHA compliance. It does not address general occupational disease, personal injury, or third-party settlements. Alignments, Updates, and Additions New Policy Previous Policy • provides clear and explicit definitions for occupational disease, referencing Minnesota state law. • defines occupational disease to include both physical diseases and specifically diagnosed mental impairments (e.g., PTSD), but excludes mental impairment caused by ordinary personnel actions. • coverage is broad and statutory, relating to any employment-related disease as defined in law. • occupational diseases are subject to detailed and formal reporting procedures. • does not define or address occupational disease in a general or statutory sense. • focuses exclusively on terms relevant to exposure to bloodborne pathogens (e.g., "occupational exposure" in pathogen context, not in general workers' compensation context). • clearly defines personal injury as any employment-related physical or mental injury, including those resulting from occupational disease, but excludes those caused by personal reasons or standard management actions. • personal injury is subject to similar formal reporting as occupational • does not explicitly define personal injury except as it may occur in the context of bloodborne pathogen exposure (termed as "significant exposure"). • does not reference or address broader personal injury events as defined by statute. 153 disease, with explicit procedures and documentation. • does not address bloodborne pathogen exposure directly. • such exposures could be encompassed within the broader definitions if they result in a qualifying occupational disease or personal injury, but no specific preventive, reporting, or medical follow-up protocols are included for infectious exposures. • entirely focused on bloodborne pathogen exposure, with comprehensive procedures for prevention, reporting, medical evaluation, follow-up, and confidentiality. • explicitly defines exposure scenarios, prescribes the use of personal protective equipment (PPE), adheres to OSHA’s Bloodborne Pathogen Standard, and mandates training and recordkeeping. • provides detailed protocols for immediate reporting, medical evaluation, prophylaxis, and post- exposure management, with confidentiality and training requirements. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Consistency with City-wide policies, practices, and procedures. 154 1023 Personal Appearance Standards Summary of Main Distinctions • NEW: Policy 1023 is broader and more accommodation-focused, equitable, inclusive, and accepting of individuality. • GVPD Policy 8.14 is more prescriptive, detailed, and out of step with generational differences. It is also segmented by assignment and gender, with limited procedures for exception or accommodation. Alignments, Updates, and Additions New Policy Previous Policy • provides a set of standards focused on professionalism, safety, and inclusivity, with policies that allow for legal, religious, and cultural accommodations; standards are generally the same for all members, with exceptions permitted by the chief of police. • contains more detailed, prescriptive, and assignment- and gender-specific rules; there are explicit distinctions between uniformed, non-uniformed, and undercover staff, and much greater specificity in standards for hair, facial hair, fingernails, jewelry, and cosmetics. • focuses on neat grooming, alignment with OSHA safety requirements, requires certain lengths (hair and nails) when necessary for safety. • provides accommodations for religious/cultural hairstyles. • differentiates standards for males and females, uniformed and non- uniformed, with explicit measurements, hair/nail style, length and color restrictions; has rigid gender specific rules regarding facial hair. • does not contain accommodations for religion or culture. • does not call-out cosmetics but applies general standards of professionalism. • explicitly permits cosmetics only if not ornate or attention-drawing. • applies general safety and appropriateness criteria for jewelry, with few explicit limits; restricts visible body piercings other than regulated ear piercings, with exceptions for non- visible piercings. • sets strict limits on number, type, size, and color of jewelry (e.g., post earrings only, one in each ear, specifics on acceptable bracelets); closely limits earrings (studs, size, color), with no other visible piercings allowed. • restricts visible offensive tattoos and body art but focuses on content rather than anatomical location, and addresses religious accommodation. • bans all tattoos visible above shirt collar, on hands and prescribes content, approval requirements, and exceptions more specifically, but does not mention accommodation. 155 Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Consistency with City-wide policies, practices, and procedures. 156 1024 Uniform Regulations Summary of Main Distinctions • NEW: Policy 1024 contains comprehensive item lists within the policy, more structured procurement/replacement systems. • GVPD Policy 1.02 relies heavily on a separate specifications manual for most equipment details, has detailed policy restrictions on uniform use, and emphasizes individual responsibility for optional items. Alignments, Updates, and Additions New Policy Previous Policy • requires well-maintained uniforms and provides explicit lists of uniform items in the document itself. • offers highly detailed appearance standards. • does not use uniform classes but instead sets calendar-based standards, requiring a winter uniform between December and February, leaving other periods more flexible. • defines three explicit uniform classes (a, b, c), each for specific occasions. • includes comprehensive, assignment- based itemized lists and all required items are provided by the department. • authorizes only items listed in a separate manual, with optional items’ purchase and maintenance being the employee’s responsibility. • describes centralized procurement/replacement, with no mention of employee-purchased optional items. • refers to a separate manual for specific item requirements and optional items must be self-financed unless damaged on duty. • has a formal, stepwise requisition system for all equipment, with records maintained by administrative staff, and includes procedures for regular vendor bids. • no detailed procurement workflow for standard items is supplied. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Consistency with City-wide policies, practices, and procedures. 157 1027 Department Badges Summary of Main Distinctions • NEW: Policy 1027 is a tailored policy concerned with badges (and insignia), their symbolic significance, authorized holders, and restrictions on their use, possession, retention, and visual representation. • GVPD Policy 1.02 regulates all aspects of issued duty clothing and gear (including badges as just one component), but does not detail special badge-related permissions or restrictions for retirees, employee groups, or political usage. Both policies state that badges and related insignia are City property. Alignments, Updates, and Additions New Policy Previous Policy • focuses on the ownership, authorized use, and visual control of police department badges, patches, and department name/insignia. • details who may possess, wear, or display department badges and under what circumstances. • covers guidance on all aspects of duty attire and equipment for police personnel. • provides explicit, detailed requirements for carrying, wearing, and displaying badges—including distinctions for licensed/unlicensed staff, retirees, and association or group uses. • Prohibits non-official or unauthorized use, reproduction, or political association. • does not address special badge use, retiree situations, or association uses. • allows honorably retired officers to retain flat badge (if personally purchased). • no provisions for retiring employees retaining any badge or identification. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law, Human Resources, and business best practices. • Consistency with City-wide policies, practices, and procedures. 158 1030 Employee Speech, Expression, and Social Networking Summary of Main Distinctions • NEW: Policy 1030 provides transparent and detailed rules of online conduct and social media activity, including concrete examples and requirements for protecting departmental interests and prescribes more explicit rules for employee speech and representation. • GVPD Policy 8.01 focuses more generally on confidentiality and the ethical management of sensitive information, without addressing online or social networking contexts. Alignments, Updates, and Additions New Policy Previous Policy • provides detailed guidelines and explicit examples of prohibited online behavior, including restrictions regarding what may be posted or disclosed via web, email, social media, and other online platforms. • omits references to social networking and digital expression, focusing solely on confidentiality in a general sense without addressing online contexts. • provides transparency to enforcement connected to departmental interests and employee rights. • provides only broad disciplinary information. • offers explicit instructions regarding public endorsements, statements, and the use of department imagery or representation online; it requires authorization and disclaimers to avoid misrepresenting the department. • does not mention public endorsements, representation, or department identification in any medium. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law. • Consistency with City-wide policies, practices, and procedures. 159 1031 POST Licensing Summary of Main Distinctions • NEW: Policy 1031 the POST Licensing document is completely dedicated to the rules, procedures, and consequences governing POST license maintenance for peace officers. • GVPD Policy 4.10 is focused on the procedural administration, retention, and security of personnel records—offering only brief acknowledgment of licensing as a record category, with no regulation or detail about licensing itself. Alignments, Updates, and Additions New Policy Previous Policy • the POST Licensing document sets forth a rule-based process for license renewal with explicit deadlines, requirements, and impacts on job status for non-compliance (e.g., “Inactive” status, removal from duty, possible termination, etc.). • does not include discussion of license renewal procedures, compliance requirements, or any employment actions tied to licensing status. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). 160 1032 Workplace Accident and Injury Reduction Summary of Main Distinctions • NEW: Policy 1032 is prevention-oriented, establishing comprehensive programs, training, regular inspections, and proactive hazard identification to reduce workplace illnesses and injuries across the police department. • GVPD Policies 4.05 and 4.01 are incident-driven, detailing procedural and notification requirements specifically after a workplace injury or significant incident has occurred. Alignments, Updates, and Additions New Policy Previous Policy • covers all work-related illnesses, injuries, accidents, hazardous exposures, and unsafe conditions, regardless of severity, provided medical treatment, or lost time. • policy narrowly addresses two types of incidents: (1) specific injuries sustained while on duty, and (2) designated critical and non-critical events, as explicitly defined in policy. • provides systematic training requirements; ongoing safety education, internal communication, and regular safety meetings to reinforce prevention. • provides no standalone safety or health training provision. • prioritizes hazard prevention with scheduled inspections, active identification, and correction of hazards before injuries occur. • no formal processes for hazard identification, routine inspection, or pre-incident mitigation. • specifies detailed recordkeeping duties, retention schedules, and requirements for maintaining training and safety committee records. • requires completion and routing of event reports but does not address long-term record retention or availability for external review. • Assistant Police Chief of Operations oversees the program, with supervisors assigned roles in reporting, safety compliance, hazard correction, training, and detailed investigations. • designates Sergeants (or shift supervisors) to receive injury reports and form completion – this process is not compliant with City-wide workplace safety policies and practices. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Human Resources and business best practices. 161 • Consistency with City-wide policies, practices, and procedures. 162 1033 Line of Duty Deaths Summary of Main Distinctions • NEW: Policy 1033 is a highly specialized policy, focusing on detailed supports, sensitive procedures, and responsive roles designed for tragedies involving a department member’s death. The policy emphasizes survivor support, memorial/funeral coordination, and benefits. It provides specialized procedures and may, at the Chief’s discretion, be applied to some non-line-of-duty or life- threatening injury cases. Workplace injuries are more specifically addressed in Policy 1032—Workplace Accident and Injury Reduction. • GVPD Policies 4.05 and 4.01 are broader, applying to department and City employees who are injured or involved in significant incidents on duty. The policies are oriented around administrative and operational efficiency for a range of workplace incidents, and lack the personal, supportive, and long-term care provisions found in the death-specific policy. Alignments, Updates, and Additions New Policy Previous Policy • specific definitions for "line-of-duty death" and "survivors," directly aligning with the statute and internal guidance. • defines "critical" and "non-critical" events primarily through lists of examples, without formal glossary entries for core terms. • mandates sensitive, in-person survivor notification, thorough planning for family, and internal department notification only after families are informed. • focus on immediate, chain-of- command administrative notification without specialized survivor or family protocols. • assigns highly specialized liaison and coordinator roles, each with distinct duties in survivor/family support, department wellness, and event logistics. • emphasizes the responsibility of the employee and their immediate supervisor to report and document incidents. • no dedicated liaisons or specialized duties for survivor or family support. • provisions include substantial, structured, and ongoing support for both families and coworkers, such as benefits guidance, counseling, accompaniment, and memorialization. • no formalized or codified emotional, logistical, or financial support for families or employees beyond administrative awareness. 163 • demand proactive coordination with outside law enforcement (especially for notifications, funerals, investigations, and mutual aid). • reference inter-agency involvement mainly as a reporting trigger, without detailing protocols or proactive collaboration. • assign public information duties to a designated liaison, with structured information release, survivor consultation, and restrictions before survivor notification. • leaves media management as an implied command staff responsibility, without specifying dedicated roles or detailed protocols. • protocols mandate long-term departmental contact and support for survivors and coworkers, including benefits, wellness checks, and ongoing communication. • injured on duty/critical incident procedures conclude at the point of notification and documentation. • no designated follow-up or continuing departmental support. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law. • Alignment with Human Resources and business best practices. • Reference to collective bargaining agreements to eliminate potential conflict. • Consistency with City-wide policies, practices, and procedures. 164 1034 Wellness Program Comparison Summary of Main Distinctions • NEW: Policy 1034 provides a comprehensive, detailed, statute-referenced, and holistic department wellness program encompassing physical, mental, and emotional well-being, with structured administration, training, and evaluation. • GVPD Policy 8.16 is narrowly focused on the annual mental health check-in program, outlining basic participation and confidentiality rules without integrating broader wellness elements, administrative oversight, or program evaluation mechanisms included in Policy 1034. Alignments, Updates, and Additions New Policy Previous Policy • covers a holistic wellness program that includes physical fitness, mental health, peer support, critical incident support, and ongoing training and education. • focuses narrowly and exclusively on mental health check-in's, requiring annual sessions with mental health providers for sworn staff and voluntary sessions for non-sworn staff. • contains detailed definitions, program structures, coordinator roles, participation requirements, confidentiality protocols, audit/ evaluation requirements, references to related policies/ statutes, and compliance procedures. • primarily covers participation, confidentiality, provider options, attendance confirmation, and the potential for provider-led training and post-critical incident support. • integrates mental health programs (“Check-up for the Neck up” initiative) as a subset within a broader, multifaceted wellness structure. • lacks provisions for physical wellness, peer support structures, program evaluation, or formal coordinator roles. Driving Change Factors • Implemented Lexipol best practices (based on Nation-wide risk analysis models). • Alignment with Minnesota State Law. • Alignment with Human Resources and business best practices. • Consistency with City-wide policies, practices, and procedures. 165 RESOLUTION NO. 25-076 A RESOLUTION ADOPTING SUPPLEMENT ONE TO THE GOLDEN VALLEY POLICE DEPARTMENT POLICY MANUAL WHEREAS, the Golden Valley City Council is the policy making body for the City under Minnesota Statutes, section 412.611 and adopts all City policies by resolution; and WHEREAS, the City of Golden Valley Police Department is responsible for enforcing compliance with the MN POST Board rules by adopting identical or substantially similar agency policies; and WHEREAS, the Golden Valley Police Department Policy Manual (the “Policy Manual”) is critical to ensuring the police department’s operations remain in compliance with evolving laws, regulations, and law enforcement best practices ; and WHEREAS, the Police Department Command staff, in partnership with the City Manager, Human Resources Department, and the City Attorney, have reviewed and updated the policies contained in Supplement One to the Golden Valley Police Department Policy Manual (“Supplement One”) and recommend the Council adopt Supplement One for inclusion in the Policy Manual; and WHEREAS, upon adoption of Supplement One, Police Department Command staff will provide Supplement One and related training to members of the Golden Valley Police Department. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that: 1. This Council adopts Supplement One to the Golden Valley Police Department Policy Manual attached hereto as Exhibit A. 2. The policies contained in Supplement One shall supersede and replace all previously adopted policies on the topics covered in Supplement One. 3. The Police Department Command Staff are directed to ensure that Supplement One is distributed to all relevant parties and to provide all necessary training to GVPD staff. BE IT FURTHER RESOLVED, that Supplement One to the Golden Valley Police Department Policy Manual shall take effect immediately upon adoption. 166 Resolution No. 25-076 - 2 - September 2, 2025 Adopted by the City Council of the City of Golden Valley, Minnesota this 2nd day of September, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 167 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Recruitment and Selection - 1 Golden Valley Police Department Policy Manual Recruitment and Selection 1000.1 PURPOSE AND SCOPE This policy provides a framework for employee recruiting efforts and identifying job-related standards for the selection process. This policy supplements the rules that govern employment practices for the Golden Valley Police Department and that are promulgated and maintained by the Human Resources Department. 1000.2 POLICY In accordance with applicable federal, state, and local law, the Golden Valley Police Department provides equal opportunities for applicants and employees regardless of actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. The Department does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law. The Department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards. 1000.3 RECRUITMENT The Assistant Police Chief—Operations shall, in collaboration with the Human Resources and other applicable departments, employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates. The strategy shall include: (a) Establishment of a written recruitment plan. 1. The plan shall include an outline of steps for recruiting candidates who are representative of the community. This should include candidates who live in or are from the community, if appropriate and consistent with applicable laws, memorandum of understandings, or collective bargaining agreements. (b) Identification of racially and culturally diverse target markets. (c) Use of marketing strategies to target diverse applicant pools. (d) Expanded use of technology and maintenance of a strong internet presence. This may include an interactive department website and coordinating the use of department- managed social networking sites with the Communications Department, if resources permit. (e) Expanded outreach through partnerships with community groups, citizen academies, local colleges, universities, the media and the military. (f) Employee referral and recruitment incentive programs. (g) Consideration of shared or collaborative regional testing processes. Policy 1000 168 Golden Valley Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Recruitment and Selection - 2 The Department shall avoid advertising, recruiting, and screening practices that tend to stereotype, focus on homogeneous applicant pools, or screen applicants in a discriminatory manner. The Department and Human Resources staff should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of their status in the recruiting process. 1000.4 SELECTION PROCESS The Department shall actively strive to identify a diverse group of candidates that have in some manner distinguished themselves as being outstanding prospects. Minimally, the Department shall employ a comprehensive screening, background investigation, and selection process that assesses cognitive and physical abilities and includes review and verification of the following: (a) A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record) (b) Driving record (c) Personal and professional reference checks (d) A Citizen of the U.S. or eligible to work in the U.S., including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents (Minn. R. 6700.0700, Subp. 1). This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes. (e) Information obtained from public internet sites 1. This review should include the identification of any activity that promotes or supports unlawful violence or unlawful bias against persons based on protected characteristics (e.g., race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability). (f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.) (g) Local, state, and federal criminal history record checks (h) Medical and psychological examinations will be conducted as required by MN. POST (may only be given after a conditional offer of employment) (i) Selection committee assessment (j) Relevant national and state decertification records, if available, including the National Decertification Index (k) Any relevant information in the National Law Enforcement Accountability Database 1000.4.1 VETERAN'S PREFERENCE Veterans who are candidates for job openings shall receive preference recognizing the training and experience, loyalty and sacrifice not otherwise readily assessed by examination pursuant 169 Golden Valley Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Recruitment and Selection - 3 to Minn. Stat. § 197.455. 1000.5 BACKGROUND INVESTIGATION Every candidate shall undergo a thorough background investigation to verify the candidate's personal integrity and high ethical standards, and to identify any past behavior that may be indicative of the candidate's unsuitability to perform duties relevant to the operation of the Golden Valley Police Department. The background investigation must determine whether the candidate meets the standards established by the Minnesota Board of Peace Officer Standards and Training (POST) as well as the security standards established to access state and national computerized record and communication systems (Minn. Stat. § 626.87; Minn. R. 6700.0670; Minn. R. 6700.0700). A background investigation is valid for six months after completion. If the candidate is not hired during the six months, the background investigation must be updated before a final offer of employment to the candidate is made (Minn. R. 6700.0670, Subp. 2). 1000.5.1 NOTICES Background investigators shall ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA and Minnesota law (15 USC § 1681d; Minn. Stat. § 13C.02). 1000.5.2 STATE NOTICES Upon initiation of a candidate's background investigation, the Chief of Police or the authorized designee shall provide written notice to POST as soon as practicable, but no later than ten days thereafter that includes the candidate's full name and date of birth and the candidate's peace officer license number, if applicable (Minn. Stat. § 626.87; Minn. R. 6700.0670, Subp. 3). If the background investigation identifies a disqualification under the minimum selection standards in Minn. R. 6700.0700, the Chief of Police or the authorized designee shall provide written notice to POST as soon as practicable, but no later than ten days (Minn. R. 6700.0670, Supb. 3). 1000.5.3 REVIEW OF SOCIAL MEDIA SITES Due to the potential for accessing unsubstantiated, private, or protected information, the Department should not require candidates to provide passwords, account information, or access to password-protected social media accounts (Minn. R. 6700.0670, Subp. 1). The Department shall, whenever possible, utilize the services of an appropriately trained and experienced third party to conduct open source, internet-based searches and/or review information from social media sites to ensure that: (a) The legal rights of candidates are protected. (b) Material and information to be considered are verified, accurate, and validated. (c) The Department fully complies with applicable privacy protections and local, state, and federal law. 170 Golden Valley Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Recruitment and Selection - 4 Regardless of whether a third party is used, the Department and Human Resources staff should ensure that potentially impermissible information is not available to any person involved in the candidate selection process. 1000.5.4 DOCUMENTING AND REPORTING The background investigator shall summarize the results of the background investigation in a report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report shall not include any information that is prohibited from use, including that from social media sites, in making employment decisions. The report and all supporting documentation shall be included in the candidate’s background investigation file. 1000.5.5 RECORDS RETENTION The background report and all supporting documentation shall be maintained by the Human Resources Department and in accordance with the established records retention schedule (Minn. R. 6700.0670, Subp. 2; Minn. R. 6700.0700, Subp. 2). 1000.6 DISQUALIFICATION GUIDELINES As a general rule, performance indicators and candidate information and records shall be evaluated by considering the candidate as a whole, and taking into consideration the following: • Age at the time the behavior occurred • Passage of time • Patterns of past behavior • Severity of behavior • Probable consequences if past behavior is repeated or made public • Likelihood of recurrence • Relevance of past behavior to public safety employment • Aggravating and mitigating factors • Other relevant considerations A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the- circumstances framework. 1000.7 STANDARDS FOR OFFICERS Candidates shall meet the minimum standards established by Minnesota POST (Minn. R. 6700.0700): (a) Citizen of, or eligible to work in, the United States (Minn. R. 6700.0700, Subp. 1) (b) Possess a valid driver's license (c) Free of any felony conviction (d) Not be required to register as a predatory offender under state law (e) Free of conviction of any controlled substance law or of any misdemeanor offense listed in Minn. R. 6700.0700 171 Golden Valley Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Recruitment and Selection - 5 (f) Have no record of engaging in discriminatory conduct, involvement with a hate or extremist group, or criminal gang (g) Fingerprinted for purposes of disclosure of any felony convictions (h) Submit to a medical examination and psychological evaluation required by Minn. R. 6700.0675 to ensure that the candidate is free from any physical, emotional, or mental condition which might adversely affect the candidate's performance of peace officer duties (i) Successfully complete a physical strength and agility examination (j) Successfully complete an oral examination 1000.7.1 NOTIFICATION TO POST The Chief of Police shall notify the POST Board of any candidate appointed to the position of peace officer before the first day of employment on a form provided by POST. The appointee may not exercise peace officer powers until the notification form is received and approved by POST Board (Minn. R. 6700.0800). 1000.8 PROBATIONARY PERIODS The Assistant Police Chief—Operations should coordinate with the Golden Valley Human Resources and City Manager to identify procedures for: (a) Appraising performance during probation. (b) Assessing the level of performance required to complete probation. (c) Extending probation. (d) Documenting successful or unsuccessful completion of probation. 172 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Evaluation of Employees - 6 Golden Valley Police Department Policy Manual Evaluation of Employees 1001.1 PURPOSE AND SCOPE The Department’s employee performance evaluation system is designed to record work performance for both the Department and the employee, providing recognition for good work and developing a guide for improvement. 1001.2 POLICY The Golden Valley Police Department utilizes a performance evaluation report to measure performance and to use as a factor in making personnel decisions that may relate to promotions, reassignment, discipline, demotion and termination. The evaluation report is intended to serve as a guide for work planning and review by the supervisor and employee. It gives supervisors a way to create an objective history of work performance based on job standards. The Department evaluates employees in a non-discriminatory manner based upon job-related factors specific to the employee’s position, without regard to actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. 1001.3 EVALUATION PROCESS Evaluation reports will cover a specific period of time and should be based on documented performance during that period. Evaluation reports will be completed by each employee's immediate supervisor on the form provided by the Human Resources Department. The immediate supervisor should complete the form for each employee after consulting other supervisors directly familiar with the employee's performance during the rating period. All sworn and non-sworn supervisory personnel shall be trained on the completion of performance evaluations. Each supervisor should discuss the tasks of the position, standards of performance expected and the evaluation criteria with each employee at the beginning of the rating period. Supervisors should document this discussion in the prescribed manner. Policy 1001 173 Golden Valley Police Department Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Evaluation of Employees - 7 Assessment of an employee's job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise. 1001.4 EVALUATION FREQUENCY 1001.4.1 FULL-TIME PROBATIONARY PERSONNEL Personnel must successfully complete the probationary period before being eligible for certification as regular employees. 1001.4.2 FULL-TIME REGULAR STATUS PERSONNEL An Employee Performance Evaluation shall be completed at least once each calendar year by the employee's immediate supervisor. If an employee is transferred from one assignment to another in the middle of an evaluation period and less than six months have transpired since the transfer, an evaluation shall be completed by the current supervisor with input from the previous supervisor. A special evaluation may be completed at any time and for any reason or no reason at all. 1001.5 EVALUATION INTERVIEW When the supervisor has completed the preliminary evaluation, arrangements shall be made for a private discussion of the evaluation with the employee. The supervisor should discuss the results of the recently completed rating period and clarify any questions the employee may have. If the employee has valid and reasonable protests of any of the ratings, the supervisor may make appropriate changes to the evaluation. Areas needing improvement and goals for reaching the expected level of performance should be identified and discussed. The supervisor should also provide relevant counseling regarding advancement, specialty positions and training opportunities. The supervisor and employee will sign and date the evaluation. Employees may also write comments in the Employee Comments section of the performance evaluation report. 174 Golden Valley Police Department Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Evaluation of Employees - 8 1001.6 EVALUATION REVIEW After the supervisor finishes the discussion with the employee, the signed performance evaluation is forwarded to the Assistant Chief. The Assistant Chief shall review the evaluation for fairness, impartiality, uniformity and consistency. The Assistant Chief shall evaluate the supervisor on the quality of ratings given. 1001.7 EVALUATION DISTRIBUTION The original performance evaluation shall be placed in the employee's personnel file, which is maintained by Human Resources. A copy will be given to the employee and a copy will be stored in the Department’s personnel management system. 175 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Rotational Duties, Special Assignments, and Promotions - 1 Golden Valley Police Department Policy Manual Rotational Duties, Special Assignments, and Promotions 1002.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for promotions and for making special assignments within the Golden Valley Police Department. 1002.1.1 DEFINITIONS •Rotational Duties: Rotational duties are specific tasks, responsibilities or functions that a member is expected to perform as part of their role within the Department. They are essential functions that contribute to the overall goals of the organization but do not require the member's full attention every day. Rotational duties may include routine activities, project-based tasks, and other responsibilities that align with the member's position. Rotational duties are an opportunity for employees to gain new skills, show initiative, and contribute to the organization in a different capacity. •Special Assignments: Special Assignments refer to specific tasks or responsibilities that an employee is assigned outside of their usual job duties. Special assignments typically require most or all of a member's full attention every day and require special training or expertise. Special assignments are designated in members' collective bargaining agreements and the duties are typically outlined in a special assignment job description. •Promotions: Promotions refer to the advancement of an employee to a higher level or position. A change in job duties or assignment of rotational duties is not the same as a promotion, which refers to the advancement of an employee to a higher level or position. 1002.2 POLICY The Golden Valley Police Department assigns duties and determines promotions in a non- discriminatory manner based upon job-related factors, skills, and qualifications. 1002.3 ASSIGNMENT OF ROTATIONAL DUTIES & SPECIAL ASSIGNMENTS Assignments of duties and promotions are made by the Chief of Police or their designee. •Promotions: The appointing authority for promotions is the City Manager, who makes appointment decisions upon the recommendation of the Chief of Police. •Special Assignments: The Chief of Police may appoint members to special assignments pursuant to the terms of applicable collective bargaining agreements. •Rotational Duties: The Chief of Police or their designee may, from time to time and in their sole discretion, assign rotational duties to any member. Policy 1002 176 Golden Valley Police Department Policy Manual Rotational Duties, Special Assignments, and Promotions Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Rotational Duties, Special Assignments, and Promotions - 2 1002.3.1 GENERAL REQUIREMENTS The following requirements should be considered when selecting a candidate for a special assignment: (a)Years of relevant experience (b)Off probation (c) Possession of or ability to obtain any certification required by the Minnesota Board of Peace Officer Standards and Training or law (d)Exceptional skills, experience, or abilities related to the special assignment (e)Not on a Performance Improvement Plan (f)Not the subject of an ongoing internal affairs investigation 1002.3.2 EVALUATION CRITERIA The following criteria will be used in evaluating candidates for a special assignment: (a)Presents a professional appearance. (b) Maintains a physical condition that aids in their performance. (c)Expressed an interest in the assignment. (d)Demonstrates the following traits: 1.Emotional stability and maturity 2.Stress tolerance 3.Sound judgment and decision-making 4.Personal integrity and ethical conduct 5.Leadership skills 6.Initiative 7.Adaptability and flexibility 8.Ability to meet Department goals and objectives in a positive manner 9.Displaying commitment to the City of Golden Valley’s purpose, values, and welcome statement. 1002.3.3 SELECTION PROCESS The selection process for special assignments will include an administrative evaluation as determined by the Chief of Police and Human Resources to include: (a)Supervisor recommendations - Each supervisor who has supervised or otherwise been involved with the candidate will submit a recommendation. 1.The supervisor recommendations will be submitted to the Assistant Chief for whom the candidate will work. (b)Assistant Chief interview - The Assistant Chief will schedule interviews with each candidate. 177 Golden Valley Police Department Policy Manual Rotational Duties, Special Assignments, and Promotions Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Rotational Duties, Special Assignments, and Promotions - 3 1.Based on supervisor recommendations and those of the Assistant Chief after the interview, the Assistant Chief will submit his/her recommendations to the Chief of Police. (c)Assignment by the Chief of Police (d)Confirmation by the City Manager The selection process for all special assignment positions may be waived for temporary assignments, emergency situations, training, and at the discretion of the Chief of Police. 1002.4 PROMOTIONAL REQUIREMENTS Requirements and information regarding any promotional process are available at the Golden Valley Human Resources Department. 178 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Grievance Procedure - 4 Golden Valley Police Department Policy Manual Grievance Procedure 1003.1 Members should reference the relevant collective bargaining agreement for the applicable grievance procedure. Policy 1003 179 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Anti-Retaliation - 1 Golden Valley Police Department Policy Manual Anti-Retaliation 1004.1 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members. This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause. These guidelines are intended to supplement and not limit members' access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal or state law, provision of the U.S. Constitution, law, ordinance, City policy, or collective bargaining agreement. 1004.2 POLICY The Golden Valley Police Department has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 1004.3 RETALIATION PROHIBITED No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy. Retaliation includes any adverse action or conduct, including but not limited to: •Refusing to hire or denying a promotion. •Extending the probationary period. •Unjustified reassignment of duties or change of work schedule. •Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. •Taking unwarranted disciplinary action. •Spreading rumors about the person filing the complaint or about the alleged wrongdoing. •Unreasonably avoiding or excluding a person because they have engaged in protected activity. Policy 1004 180 Golden Valley Police Department Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Anti-Retaliation - 2 1004.3.1 RETALIATION PROHIBITED FOR INTERVENING OR REPORTING An officer shall not be retaliated against for intervening or reporting that another law enforcement officer or a member used excessive force (Minn. Stat. § 626.8452 & 626.8475). 1004.4 COMPLAINTS OF RETALIATION Any member who feels they have been retaliated against in violation of this policy should promptly report the matter to any supervisor, command staff member, Chief of Police, human resources, or the City Manager. Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of the information or otherwise act in bad faith. Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member's identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process. 1004.5 SUPERVISOR RESPONSIBILITIES Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions. The responsibilities of supervisors include, but are not limited to: (a)Ensuring complaints of retaliation are properly reported. (b)Receiving all complaints in a fair and impartial manner. (c)Documenting the complaint and any steps taken to resolve the problem. (d)Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of command and explaining to the member how the complaint will be handled. (e) Taking appropriate and reasonable steps to mitigate any further violations of this policy. (f)Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation. (g)Periodic follow-up with the complainant to ensure that retaliation is not continuing. (h)Not interfering with or denying the right of a member to make any complaint. 181 Golden Valley Police Department Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Anti-Retaliation - 3 (i)Taking reasonable steps to accommodate requests for assignment or schedule change made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. 1004.6 COMMAND STAFF RESPONSIBILITIES The Chief of Police should communicate to all supervisors the prohibition against retaliation. Command staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to: (a)Communicating to all members the prohibition against retaliation. (b)Acknowledging receipt of the complaint, notifying the human resources manager of the complaint. (c)Ensuring complaints of retaliation are investigated as provided in the Personnel Complaints Policy. (d)The timely review of complaint investigations. (e)Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence. (f)The timely communication of the outcome to the complainant. 1004.7 WHISTLE-BLOWING The Minnesota Whistleblower Act protects an employee who, in good faith (Minn. Stat. § 181.932): (a) Communicates a violation of any law or rule to the Department or to any government body or law enforcement official. (b)Participates in an investigation, hearing, or inquiry at the request of a public body or office. (c)Refuses an order to perform an act that the employee objectively believes violates a law, rule, or regulation, and informs the employer of the reason. (d) Reports a situation where the quality of health care services provided by a health care facility or provider violates a state or federal standard and potentially places the public at risk of harm. (e)Communicates the findings of a technical or scientific study that the employee believes, in good faith, to be truthful and accurate. Members who believe they have been the subject of retaliation for engaging in such protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the Human Resources Department for investigation pursuant to the Personnel Complaints Policy. 182 Golden Valley Police Department Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Anti-Retaliation - 4 1004.8 RECORDS RETENTION AND RELEASE The Human Resources Department shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules. 1004.9 TRAINING The policy should be reviewed with each new member. All members should receive periodic refresher training on the requirements of this policy. 183 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Reporting of Employee Convictions and Court Orders - 1 Golden Valley Police Department Policy Manual Reporting of Employee Convictions and Court Orders 1005.1 PURPOSE AND SCOPE Convictions of certain offenses may restrict or prohibit an employee’s ability to properly perform official duties. Therefore, all employees shall be required to promptly notify the Department of any past and current criminal convictions. 1005.2 DOMESTIC VIOLENCE CONVICTIONS AND RESTRAINING ORDERS Minnesota and federal law prohibit individuals convicted of certain offenses and individuals subject to certain court orders from lawfully possessing a firearm. Such convictions and court orders often involve allegations of the use or attempted use of force or threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922; Minn. Stat. § 518B.01). All members are responsible for ensuring that they have not been disqualified from possessing a firearm by any such conviction or court order and shall promptly report any such conviction or court order to a supervisor, as provided in this policy. 1005.3 CRIMINAL CONVICTIONS Any person convicted of a felony is prohibited from being a peace officer in the State of Minnesota. Any license of a peace officer convicted of a felony is automatically revoked (Minn. Stat. § 626.8431). Even when legal restrictions are not imposed by statute or by the courts upon conviction of any criminal offense, criminal conduct by a member of this department may prohibit him/her from carrying out law enforcement duties. Minn. Stat. § 624.713 prohibits ineligible persons from possessing a handgun or semi-automatic assault weapon. 1005.3.1 COURT ORDERS All employees shall promptly notify the department if they are a party to, or have been served with, any court order from any jurisdiction. 1005.4 REPORTING PROCEDURE All members of this department and all retired officers with an identification card issued by the Department shall promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing of any past or current criminal arrest or conviction regardless of whether the matter is currently on appeal and regardless of the penalty or sentence, if any. The Chief of police shall notify the City Attorney. All members and all retired officers with an identification card issued by the Department shall further promptly notify their immediate supervisor (or the Chief of Police in the case of retired Policy 1005 184 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Reporting of Employee Convictions and Court Orders - 2 Golden Valley Police Department Policy Manual Reporting of Employee Convictions and Court Orders officers) in writing if the member or retiree becomes the subject of a domestic violence restraining court order or similar court order. Any member whose criminal conviction unduly restricts or prohibits that member from fully and properly performing his/her duties may be disciplined including, but not limited to, being placed on administrative leave, reassignment and/or termination. Any member failing to provide prompt written notice pursuant to this policy shall be subject to discipline or retiree identification revocation. 1005.5 CHEMICAL DEPENDENCY TREATMENT If an officer is informally admitted to a treatment facility or program pursuant to Minn. Stat. §253B.04 for chemical dependency he/she is not eligible to possess a pistol, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility (Minn. Stat. § 624.713 Subd. 1(6)). Officers in this situation shall promptly notify the Department or the human resources department. 185 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Drug- and Alcohol-Free Workplace - 3 Golden Valley Police Department Policy Manual Drug- and Alcohol-Free Workplace 1006.1 GENERAL GUIDELINES Alcohol and drug use in the workplace or on department time can endanger the health and safety of department members and the public. Members should refer to the Employee Handbook for the Drug and Alcohol-Free Workplace policy. Policy 1006 186 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Absence due to Illness - 4 Golden Valley Police Department Policy Manual Absence due to Illness 1007.1 PURPOSE AND SCOPE Use of PTO, Sick Leave and ESST are governed by the Employee Handbook and the members' collective bargaining agreements. 1007.2 NOTIFICATION Except for ESST, all members should notify the Shift Sergeant or appropriate supervisor as soon as they are aware that they will not be able to report to work and no less than two one hours before the start of their scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every effort should be made to have a representative for the member contact the supervisor. If, due to an emergency, a member cannot notify their supervisor two hours before the start of a scheduled shift, they should notify their supervisor as soon as reasonably practicable. When the necessity to be absent from work is foreseeable, such as planned medical appointments or treatments, the member shall, whenever possible and practicable, provide the Department with no less than 30 days' notice of the impending absence. Members are responsible for ensuring their time off was appropriately accounted for, and for completing and submitting the required documentation describing the type of time off used and the specific amount of time taken. 1007.3 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but are not limited to: (a)Monitoring and regularly reviewing the attendance of those under their command to ensure that the use of sick leave and absences is consistent with this policy. (b)Notifying Human Resources and payroll of an absence of three or more days to determine whether the absence may qualify as family medical leave or ESST. (c)Addressing absences and sick leave use in the member's performance evaluation when excessive or unusual use has: (a)Negatively affected the member's performance or ability to complete assigned duties. (b)Negatively affected department operations. (d)When appropriate, counseling members regarding excessive absences and/or inappropriate use of sick leave. (e)Referring eligible members to an available employee assistance program when appropriate. Policy 1007 187 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Communicable Diseases - 1 Golden Valley Police Department Policy Manual Communicable Diseases 1008.1 PURPOSE AND SCOPE This policy provides general guidelines to assist in minimizing the risk of department members contracting and/or spreading communicable diseases. 1008.1.1 DEFINITIONS Definitions related to this policy include: Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis. Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to a member’s position at the Golden Valley Police Department. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.) 1008.2 POLICY The Golden Valley Police Department is committed to providing a safe work environment for its members. Members should be aware that they are ultimately responsible for their own health and safety. 1008.3 EXPOSURE CONTROL OFFICER The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall develop an exposure control plan that includes: (a) Exposure-prevention and decontamination procedures. (b) Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure. (c)The provision that department members will have no-cost access to the appropriate personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket masks) for each member’s position and risk of exposure. (d)Evaluation of persons in custody for any exposure risk and measures to separate them. (e)Compliance with all relevant laws or regulations related to communicable diseases, including: 1.Responding to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136). 2.Exposure control mandates in 29 CFR 1910.1030 (Minn. R. 5206.0600). Policy 1008 188 Golden Valley Police Department Policy Manual Communicable Diseases Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Communicable Diseases - 2 3.Reporting cases and suspected cases of communicable diseases to the Department of Public Health (Minn. R. 4605.7070; Minn. Stat. § 144.4804). 4.Notifying appropriate medical facilities regarding member exposures and providing assistance locating source individuals, as applicable (Minn. Stat. § 144.7414) The ECO should also act as the liaison with the Minnesota Occupational Safety and Health Administration (MNOSHA) and may request voluntary compliance inspections. The ECO should annually review and update the exposure control plan and review implementation of the plan. 1008.4 EXPOSURE PREVENTION AND MITIGATION 1008.4.1 GENERAL PRECAUTIONS All members are expected to use good judgment and follow training and procedures related to mitigating the risks associated with communicable disease. This includes, but is not limited to (29 CFR 1910.1030; Minn. R. 5206.0600): (a)Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized equipment in the work area or department vehicles, as applicable. (b)Wearing department-approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes and non-intact skin can be reasonably anticipated. (c)Washing hands immediately or as soon as feasible after removal of gloves or other PPE. (d)Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease. (e)Using an appropriate barrier device when providing CPR. (f)Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease. (g) Decontaminating non-disposable equipment (e.g., flashlight, control devices, clothing and portable radio) as soon as possible if the equipment is a potential source of exposure. 1.Clothing that has been contaminated by blood or other potentially infectious materials shall be removed immediately or as soon as feasible and stored/ decontaminated appropriately. (h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture-resistant containers for their storage and/or transportation. (i)Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure. (j)Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored. 189 Golden Valley Police Department Policy Manual Communicable Diseases Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Communicable Diseases - 3 1008.4.2 IMMUNIZATIONS Members who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost (29 CFR 1910.1030; Minn. R. 5206.0600). 1008.5 POST EXPOSURE 1008.5.1 INITIAL POST-EXPOSURE STEPS Members who experience an exposure or suspected exposure shall: (a) Begin decontamination procedures immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water). (b)Obtain medical attention as appropriate. (c)Notify a supervisor as soon as practicable. 1008.5.2 REPORTING REQUIREMENTS The supervisor on-duty shall investigate every exposure or suspected exposure that occurs as soon as possible following the incident. The supervisor shall ensure the following information is documented (29 CFR 1910.1030; Minn. R. 5206.0600): (a)Name of the member exposed (b)Date and time of the incident (c)Location of the incident (d)Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source) (e)Work being done during exposure (f)How the incident occurred or was caused (g)PPE in use at the time of the incident (h)Actions taken post-event (e.g., clean-up, notifications) The supervisor shall advise the member that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited. The supervisor should complete the incident documentation in conjunction with other reporting requirements that may apply (see the Occupational Disease, Personal Injury and Death Reporting Policy). 1008.5.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT Department members shall have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary. The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information (29 CFR 1910.1030; Minn. R. 5206.0600): (a)Whether the member has been informed of the results of the evaluation. 190 Golden Valley Police Department Policy Manual Communicable Diseases Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Communicable Diseases - 4 (b)Whether the member has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment. No other information should be requested or accepted by the ECO. 1008.5.4 COUNSELING The Department shall provide the member, and his/her family if necessary, the opportunity for counseling and consultation regarding the exposure (29 CFR 1910.1030; Minn. R. 5206.0600). 1008.5.5 SOURCE TESTING Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed member or when it is otherwise appropriate. Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed member’s supervisor to ensure testing is sought. Source testing may be achieved by: (a)Obtaining consent from the individual. (b)Seeking testing through the procedures of Minn. Stat. § 144.7401 to Minn. Stat. § 144.7415 through a licensed hospital or other emergency medical care facility. Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing. The ECO should seek the consent of the individual for testing and consult the City Attorney to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if he/she refuses. 1008.6 CONFIDENTIALITY OF REPORTS Medical information shall remain in confidential files and shall not be disclosed to anyone without the member’s written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well (Minn. Stat. § 144.7411). 1008.7 TRAINING All members shall participate in training regarding communicable diseases commensurate with the requirements of their position. The training (29 CFR 1910.1030; Minn. R. 5206.0700): (a) Shall be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training. (b)Shall be provided whenever the member is assigned new tasks or procedures affecting his/her potential exposure to communicable disease. (c)Should provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure and what steps should be taken if a suspected exposure occurs. 191 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Smoking and Tobacco Use - 5 Golden Valley Police Department Policy Manual Smoking and Tobacco Use 1009.1 PURPOSE AND SCOPE This policy establishes limitations on smoking and the use of tobacco products by members and others while on-duty or while in Golden Valley Police Department facilities or vehicles. This policy is in addition to the Smoking and Tobacco use policy in the Employee Handbook. 1009.2 POLICY The Golden Valley Police Department recognizes that tobacco use is a health risk and can be offensive to others. Smoking and tobacco use also presents an unprofessional image for the Department and its members. Therefore smoking and tobacco use is prohibited by members while on duty. 1009.3 SMOKING AND TOBACCO USE Smoking and tobacco use by members is prohibited anytime members are on duty. It shall be the responsibility of each member to ensure that no person under their supervision smokes or uses any tobacco product 1009.4 ADDITIONAL PROHIBITIONS No employee shall smoke, even while out of view of the public or off-duty, in areas properly posted with "No Smoking" notices nor shall any employee use tobacco products in any of the following locations within the City: (a)Public places and places of work, including both indoor and outdoor dining areas of liquor and food establishments; (b)Within 25 feet of entrances, exits, open windows, and ventilation intakes of public places and places of work; (c)Within 25 feet of any outdoor dining area at any liquor or food establishment; (d)Public parks and recreation facilities; and (e)Public school property (Minn. Stat. § 609.681; Minn. Stat. § 144.4165). The Chief of Police or the authorized designee should ensure that proper signage is in place for notice of areas where tobacco use is restricted (Minn. R. 4620.0500). Policy 1009 192 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 6 Golden Valley Police Department Policy Manual Personnel Complaints 1010.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation, and disposition of complaints regarding the conduct or performance of members of the Golden Valley Police Department (Minn. R. 6700.2200). A complaint is defined as communication, written, verbal or otherwise, alleging that a department employee has engaged in an act that constitutes misconduct or violates department policy, city policy, or federal/state law. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation. 1010.2 POLICY The Department takes all complaints seriously and will accept and address all complaints in accordance with this policy and applicable federal, state, and local law, municipal and county rules and any requirements established within collective bargaining agreements and/or memorandum of understanding. Anyone who has personal knowledge of facts or who has reliable hearsay information alleging the misconduct or improper conduct of a department member may file a complaint. Misconduct means a violation of law, standards promulgated by the Peace Officer Standards and Training Board, agency policy, or City policy. This policy will ensure that Department employees and members of the public can report complaints without concern for reprisal or retaliation. However, nothing in this policy shall prevent a supervisor from giving instruction, constructive feedback, or conducting performance management in the course of their normal duties. 1010.3 PERSONNEL COMPLAINTS Personnel complaints include any allegation of misconduct or improper job performance that, if true, would constitute a violation of department policy, City policy, or of federal, state or local law, policy or rule. Personnel complaints may be generated internally or by the public. Inquiries about conduct or performance that, if true, would not violate department policy or federal, state or local law, policy or rule may be handled informally by a supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department. Policy 1010 193 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 7 1010.3.1 SOURCES OF COMPLAINTS The following applies to the source of complaints: (a)Personnel complaints may be generated internally or by the public (Citizen). (b)Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone. Any member of the public who becomes aware of an alleged misconduct or GVPD staff performance issue should report it immediately. (c)Any department member or other City employee becoming aware of alleged misconduct shall immediately notify a supervisor. (d) Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action. (e)Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided. (f)Employees and members of the public may elect to submit complaints to the supervisor or Human Resources (HR) directly. (g)Tort claims and lawsuits may generate a personnel complaint. (h)The Minnesota Board of Peace Officer Standards and Training (POST) may refer complaints alleging a violation of a statute or rule that the board is empowered to enforce (Minn. Stat. § 214.10, Subd. 10). (i)Any person making a complaint may be accompanied by an attorney or other representative, including at the time the complaint is made. (j)Any person wishing to file a complaint against the Chief of Police should be referred to the City Manager for investigation by an outside investigator. (k)The Chief of Police is responsible for ensuring that all notifications and documentation throughout the complaint investigative resolution process are in accordance with applicable department policy, City policy, Collective Bargaining Agreements, and federal/state laws, including but not limited to the Peace Officers Discipline Procedures Act. 1010.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1010.4.1 COMPLAINT FORMS Personnel complaint forms will be maintained in a clearly visible location in the public area of the police facility and be accessible through the department website. Forms may also be available at other City facilities. Personnel complaint forms in languages other than English may also be provided, as determined necessary or practicable. 1010.4.2 ACCEPTANCE All complaints will be courteously accepted by any department member, or the Human Resources Department (HR), and promptly given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a supervisor is not immediately available to 194 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 8 take an oral complaint, the receiving member shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall complete and submit a complaint form as appropriate. Although not required, complainants may be encouraged to file complaints in person when necessary to obtain proper identification, signatures, photographs or physical evidence. 1010.4.3 COMPLAINT COPIES After a complaint is filed, the accepting member should sign the document, keep a copy for the department and provide a copy to the complainant. The accepting member should forward the complaint to the appropriate Command Staff member. The Command Staff member shall notify and work with HR to determine the nature of the complaint, whether the complaint warrants further investigation, and what additional steps are required. If the complaint is made directly to HR, HR shall notify and work with the Command Staff to determine the nature of the complaint, whether the complaint warrants further investigation, and what additional steps are required. If the allegations involve a member of the Command Staff, the member or HR staff person who receives the complaint shall forward the complaint to the City Manager. 1010.5 DOCUMENTATION Supervisors shall ensure that all complaints are documented on a complaint form and that, to the extend possible, the complaint contains the date and time of the incident, a detailed explanation of what occurred, a list of who was involved, and a list of any witnesses. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. All complaints and inquiries should also be documented in a log that records and tracks complaints. The log shall include the nature of the complaint and the actions taken to address the complaint. On an annual basis, the Department should audit the log and send an audit report to the Chief of Police or the authorized designee and HR. 1010.6 PRELIMINARY REVIEW All personnel complaints shall be initially forwarded to an Assistant Chief of Police who will prepare a summary of the complaint and forward to the Chief of Police for a preliminary review to determine if there is a basis or merit behind the submitted complaint. If the Police Chief determines that there is no basis or merit behind the complaint, the complaint will be considered closed, logged as provided in section 1010.5, and the complainant will be notified in writing within 30 days from the date the allegations were determined to be exonerated or unfounded. If the preliminary investigation determines that there is a basis or merit behind the complaint, the Chief of police shall resolve the complaint as soon as possible or move forward with an administrative investigation and assign a member and Assistant Chief of Police to investigate the complaint. 1010.7 ADMINISTRATIVE INVESTIGATIONS Allegations of misconduct will be administratively investigated as follows (Minn. R. 6700.2200). 195 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 9 1010.7.1 SUPERVISOR RESPONSIBILITIES In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that another supervisor investigate any complaint. A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. The responsibilities of supervisors include, but are not limited to: (a)Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed. 1. The original complaint form will be directed to the appropriate Assistant Chief of Police via the chain of command, who, in cooperation with HR, will take appropriate action and determine who will have responsibility for the investigation. 2.In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the member's Assistant Chief or the Chief of Police, who will initiate appropriate action. (b)Responding to all complaints in a courteous and professional manner. (c)Resolving those personnel complaints that can be resolved immediately. 1. Follow-up contact with the complainant should be made within 24 hours of the Department receiving the complaint to confirm receipt. 2.If the matter is resolved and no further action is required, the supervisor will note the resolution on a complaint form and forward the form to the appropriate Assistant Chief of Police and HR. (d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Shift Sergeant and Command Staff are notified via the chain of command as soon as practicable. (e)Promptly contacting the Department of Human Resources and Command Staff for direction regarding their roles in addressing a complaint that relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination. (f)Forwarding unresolved personnel complaints to the Command Staff, who will, in cooperation with HR, determine whether to contact the complainant or assign the complaint for investigation. (g) Informing the complainant of the investigator’s name and the complaint number within three days after assignment. (h)Investigating a complaint as follows: 1. Making reasonable efforts to obtain names, addresses and telephone numbers of witnesses. 2.When appropriate, ensuring immediate medical attention is provided and 196 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 10 photographs of alleged injuries and accessible uninjured areas are taken. (i)Ensuring that the procedural rights of the accused member are followed. (j)Ensuring interviews of the complainant are generally conducted during reasonable hours. 1010.7.2 EXTERNAL INVESTIGATIONS The Chief of Police or City Manager may request that an outside agency conduct an investigation anytime either the Chief of Police or the City Manager determines an external investigation is appropriate. This department should not conduct an investigation when a member of the Command Staff is the subject of the complaint. An external investigation should be requested through the City Manager. 1010.7.3 ADMINISTRATIVE INVESTIGATION PROCEDURES Whether conducted by an assigned memberor an external investigator, the following shall apply to members covered by the Peace Officer Discipline Procedures Act (Minn. Stat. § 626.89): (a)Interviews of an accused member shall be conducted during reasonable hours and preferably when the member is on-duty (Minn. Stat. § 626.89, Subd. 7). If the member is off-duty, they shall be compensated. (b)Unless waived by the member, interviews of an accused member shall be at the Golden Valley Police Department or at a place agreed upon by the accused member (Minn. Stat. § 626.89, Subd. 4). (c)Prior to any interview, a member should be informed of the nature of the investigation. 1. The member shall be given a copy of any written complaint signed by the complainant (Minn. Stat. § 626.89, Subd. 5). (d)All interviews should be for a reasonable period and the member's personal needs should be accommodated (Minn. Stat. § 626.89, Subd. 7). (e)No member should be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. (f)Any member refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so. 1.A member should be given an order to answer questions in an administrative investigation that might incriminate the member in a criminal matter only after the member has been given a Garrity advisement. Administrative investigators should consider the impact that compelling a statement from the member may have on any related criminal investigation and should take reasonable steps to avoid creating any foreseeable conflicts between the two related investigations. This may include conferring with the person in charge of the criminal investigation (e.g., discussion of processes, timing, implications). 2.No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor. 197 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 11 (g)The interviewer shall record all interviews of members and witnesses. The member may also record the interview. A complete copy or transcript of the interview must be made available to the member upon written request without charge or undue delay. If the member has been previously interviewed, a copy of that recorded interview shall be provided to the member prior to any subsequent interview (Minn. Stat. § 626.89, Subd. 8). (h)All members subjected to interviews that could result in discipline have the right to have an uninvolved representative or attorney present before or during the interview (Minn. Stat. § 626.89, Subd. 9). When a member requests a representative or attorney, no interview may be taken until a reasonable opportunity is provided for the member to obtain that person's presence. However, in order to maintain the integrity of each individual's statement, involved members shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (i) All members shall provide complete and truthful responses to questions posed during interviews. (j)No member may be compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation. (k)Before a formal statement is taken, the member shall be advised in writing or on the record that admissions made may be used as evidence of misconduct or a basis for discipline (Minn. Stat. § 626.89, Subd. 10). (l)A member may not be required to produce financial records (Minn. Stat. § 626.89, Subd. 11). (m)A member's photograph will not be released unless allowed by law (Minn. Stat. § 626.89, Subd. 12). 1010.7.4 ADMINISTRATIVE INVESTIGATION FORMAT Investigations of personnel complaints shall be thorough, complete and essentially follow this format: •Introduction - Include the identity of the members, the identity of the assigned investigators, the initial date and source of the complaint. •Synopsis - Provide a brief summary of the facts giving rise to the investigation. •Summary - List the allegations separately, including applicable policy sections, with a brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation. •Evidence - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of member and witness statements. Other evidence related to each allegation should also be detailed in this section. •Conclusion - A recommendation regarding further action or disposition should be provided. •Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report. 198 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 12 1010.7.5 DISPOSITIONS Each personnel complaint shall be classified with one of the following dispositions: •Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded. •Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper. •Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member. •Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. The Chief of Police may authorize that any investigation be re-opened any time substantial new evidence is discovered concerning the complaint. 1010.7.6 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within one year from the date of discovery by an individual authorized to initiate an investigation. 1010.7.7 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS The member conducting the investigation shall provide the complainant with periodic updates on the status of the investigation, as appropriate and consistent with the provisions of the Minnesota Government Data Practices Act (MGDP) (Minn. Stat. § 13.43, Subd. 2; Minn. R. 6700.2200). 1010.8 ADMINISTRATIVE SEARCHES Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be searched as part of an administrative investigation upon a reasonable suspicion of misconduct. Such areas may also be searched any time by a supervisor for non-investigative purposes, such as obtaining a needed report, radio or other document or equipment. 1010.9 ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the Department, the City Manager, upon recommendation of the Chief of Police, may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave: (a)May be required to relinquish any department badge, identification, assigned weapons and any other department equipment. (b)Shall be required to continue to comply with all policies and lawful orders of a supervisor. 199 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 13 (c)May be temporarily reassigned to a different shift, generally a normal business-hours shift, during the investigation. The employee may be required to remain available for contact at all times during such shift, and shall report as ordered. (d)Shall be served with a Notice Administrative Leave Form detailing specific requirements and expectations during such leave. This section shall not preclude the Command Staff from placing employees on temporary leave for circumstances unrelated to a personnel complaints. 1010.10 CRIMINAL INVESTIGATION Where a member is accused of potential criminal conduct, a separate member or outside investigator shall be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation. The Chief of Police and City Manager shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief of Police may request a criminal investigation by an outside law enforcement agency. A member accused of criminal conduct shall be provided with all rights afforded to a civilian. The member should not be administratively ordered to provide any information in the criminal investigation. The Golden Valley Police Department may release information concerning the arrest or detention of any member, including an officer, that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. The Chief of Police may postpone making a decision on an administrative investigation until any related criminal charges are resolved. The complainant and involved member should be informed of this decision. 1010.11 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES Upon completion of a formal investigation, an investigation report should be forwarded to the Chief of Police and HR through the chain of command. Each level of command should review and include their comments in writing before forwarding the report. The Chief of Police may accept or modify any classification or recommendation for disciplinary action. 1010.11.1 COACHING Coaching is appropriate for addressing minor infractions or when there is a need for performance improvement. It serves as a developmental tool aimed at fostering growth and enhancing skills, thereby enabling personnel to meet departmental standards and expectations. Coaching should be employed as a proactive measure to guide officers in understanding their roles and responsibilities more effectively. Coaching may not be used to address repeated violations or instances of misconduct, or as a means to avoid discipline. 1010.11.2 DISCIPLINE Discipline is necessary when dealing with repeated violations or instances of misconduct. The primary objective of discipline is to ensure accountability and to correct behavior that undermines 200 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 14 the integrity and function of the department. Discipline should be applied in a manner that is fair, consistent, and in accordance with established departmental policies and collective bargaining agreements. Disciplinary action may include, but is not limited to (Minn. R. 6700.2200): (a)Oral reprimand. (b) Written reprimand. (c)Suspension. (d)Demotion. (e)Discharge. 1010.11.3 ASSISTANT CHIEF RESPONSIBILITIES Upon receipt of any completed personnel investigation, the Assistant Chief of the involved member shall review the entire investigative file, the member's personnel file and any other relevant materials. The Assistant Chief shall prepare a written recommendation regarding the disposition of any allegations and the amount of discipline, if any, to be imposed. Prior to forwarding recommendations to the Chief of Police, the Assistant Chief may return the entire investigation to the assigned investigator or supervisor for further investigation or action. When forwarding any written recommendation to the Chief of Police, the Assistant Chief shall include all relevant materials supporting the recommendation. Actual copies of a member's existing personnel file need not be provided and should, where relevant be incorporated by reference. 1010.11.4 CHIEF OF POLICE RESPONSIBILITIES Upon receipt of any written recommendation regarding the disposition of any allegations or for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation or may return the file to the Assistant Chief for further investigation or action. Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. All complaints resulting in disciplinary action shall be reviewed by HR and the City Attorney prior to any discipline being imposed. In the event disciplinary action is proposed, the Chief of Police shall, in accordance with any requirements of the applicable collective bargaining agreement, provide the member with a written notice and the following: (a)Access to all of the materials considered by the Chief of Police in recommending the proposed discipline. (b)An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. 1. Upon a showing of good cause by the member, the Chief of Police may grant a 201 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 15 reasonable extension of time for the member to respond. 2.If the member elects to respond orally, the presentation shall be recorded by the Department. Upon request, the member shall be provided with a copy of the recording. Once the member has completed their response or if the member has elected to waive any such response, the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall render a timely written decision to the member and specify the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of Police has issued a written decision, the discipline shall become effective. 1010.11.5 PRE-DISCIPLINE EMPLOYEE RESPONSE The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following: (a)The response is not intended to be an adversarial or formal hearing. (b) Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c)The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d)In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results prior to the imposition of any discipline. (e)The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials. 1010.11.6 MINNESOTA POST INVESTIGATIONS The Minnesota POST Board may require an administrative investigation based upon a complaint alleging a violation of a statute or rule that the board is empowered to enforce. Any such misconduct allegation or complaint assigned to this department shall be completed and a written summary submitted to the POST executive director within 30 days of the order for inquiry (Minn. Stat. § 214.10, Subd. 10). The Department shall cooperate with POST's investigation and provide requested information unless (Minn. Stat. § 626.8457): (a)There is an active criminal investigation or active criminal proceeding regarding the same incident or misconduct that is being investigated by POST. (b)An active internal investigation exists regarding the same incident or misconduct that is being investigated by POST during 45 days from the time the request was made by POST. The Chief of Police or the authorized designee shall comply with the request upon completion of the internal investigation or once 45 days has passed, whichever 202 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 16 occurs first. 1010.11.7 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT The Chief of Police or the authorized designee shall ensure that the complainant is notified of the disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint. Notice must be consistent with the provisions of the MGDP (Minn. Stat. § 13.43, Subd. 2; Minn. R. 6700.2200). The Chief of Police shall notify HR of the final disposition and provide copies of all documentation related to the complaint process, investigation, and resolution for record keeping/retention. HR shall file all documents in accordance with section 10.10.15 of this policy. 1010.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline. 1010.13 POST-DISCIPLINE APPEAL RIGHTS Non-probationary employees have the right to appeal using the procedures established by any collective bargaining agreement or personnel rules (Minn. R. 6700.2200). Employees covered by the Veterans Preference Act are entitled to written notice of the right to request a hearing within 30 days of receipt of the notice of intent to terminate, suspend or demote. Failure to request the hearing in the time specified waives the right to the hearing and all other legal remedies. Any hearing shall be held in compliance with law (Minn. Stat. § 197.46). 1010.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS At-will and probationary employees and members other than non-probationary employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy, and without notice or cause at any time. These individuals are not entitled to any rights under this policy except for employees covered by the Veterans Preference Act (Minn. Stat. § 197.46). However, any of these individuals released for misconduct may be afforded an opportunity solely to clear their names, which shall be limited to a single appearance before the City Manager or their authorized designee (Minn. R. 6700.2200). Any probationary period may be extended at the discretion of the Chief of Police in cases where the individual has been absent for more than a week or when additional time to review the individual is considered to be appropriate. 1010.15 RETENTION OF PERSONNEL INVESTIGATION FILES All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Records Policy. 1010.15.1 CONFIDENTIALITY OF PERSONNEL FILES All active investigations of alleged misconduct and personnel complaints shall be considered confidential and maintained separately from peace officer personnel files. The contents of such files shall not be revealed to other than the involved member or authorized personnel, except 203 Golden Valley Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Complaints - 17 pursuant to lawful process, such as Minn. R. 6700.2500. Data in closed files shall be treated as private or public data depending on whether discipline was imposed upon the member and whether the member is a public official as defined by Minn. Stat. § 13.43. 1010.15.2 LETTERS OF DISCIPLINE AND REPRIMANDS Letters of discipline and reprimands may only be placed in a member’s personnel file after they are received by the member (see generally Minn. Stat. § 626.89, Subd. 13). 1010.16 REQUIRED REPORTING TO POST The Chief of Police or the authorized designee shall notify POST of certain officer personnel events, including but not limited to: (a)A termination or resignation of an officer who is the subject of an internal or criminal investigation due to alleged misconduct regardless of whether the investigation has been initiated or completed, or whether the officer was criminally charged (Minn. Stat. § 626.8457, Subd. 4). (b) The violation of a required POST model policy identified in Minn. R. 6700.1615 (Minn. R. 6700.1615, Subd. 2). 204 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Seat Belts - 1 Golden Valley Police Department Policy Manual Seat Belts 1011.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of seat belts and child restraints. This policy will apply to all members operating or riding in department vehicles (Minn. Stat. § 169.686). 1011.1.1 DEFINITIONS Definitions related to this policy include: Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213 (Minn. Stat. § 169.685). 1011.2 POLICY It is the policy of the Golden Valley Police Department that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle collision. 1011.3 WEARING OF SAFETY RESTRAINTS All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by the City while on- or off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall ensure that all other occupants, including those who are not members of the Department, are properly restrained (Minn. Stat. § 169.686). Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the department member or the public. Members must be prepared to justify any deviation from this requirement. 1011.4 TRANSPORTING CHILDREN All children younger than 8 years of age and shorter than 4 feet 9 inches tall shall be restrained in a child passenger safety seat system (Minn. Stat. § 169.685, Subd . 5(b)). Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by law, children and any child restraint system may be secured in the front seat of such vehicles provided this positioning meets federal safety standards and the vehicle and child restraint system manufacturer's design and use recommendations. In the event that a child is transported in the Policy 1011 205 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Seat Belts - 2 Golden Valley Police Department Policy Manual Seat Belts front seat of a vehicle, the seat should be pushed back as far as possible and the passenger- side airbag should be deactivated. If this is not possible, members should arrange alternate transportation when feasible. 1011.5 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of any department vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints. Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy. 1011.6 INOPERABLE SEAT BELTS Department vehicles shall not be operated when the seat belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the seat belt is inoperable. Department vehicle seat belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police. Members who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. 1011.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS Vehicles manufactured and certified for use without seat belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use. 1011.8 VEHICLE AIRBAGS In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device. 206 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Body Armor - 3 Golden Valley Police Department Policy Manual Ballistic Vests 1012.1 PURPOSE AND SCOPE The purpose of this policy is to provide law enforcement officers with guidelines for the proper use of ballistic vests. 1012.2 POLICY It is the policy of the Golden Valley Police Department to maximize officer safety through the use of ballistic vests in combination with prescribed safety procedures. While ballistic vests provide a significant level of protection, they are not a substitute for the observance of officer safety procedures. The use of any tactical equipment beyond ballistic vests shall be approved by a member of the Command Staff. 1012.3 ISSUANCE OF BODY ARMOR The Training Sergeant shall ensure that body armor is issued to all officers when the officer begins service at the Golden Valley Police Department and that, when issued, the ballistic vest meets or exceeds the standards of the National Institute of Justice. The Training Sergeant shall establish a ballistic vest replacement schedule and ensure that replacement ballistic vests are issued pursuant to the schedule or whenever the ballistic vest becomes worn or damaged to the point that its effectiveness or functionality has been compromised. 1012.3.1 USE OF BALLISTIC VESTS Generally, the use a ballistic vest is required subject to the following: (a)Officers shall only wear agency-approved ballistic vests. (b)Officers shall wear ballistic vests anytime they are in a situation where they could reasonably be expected to take enforcement action. (c)Officers shall wear other body armor anytime they are in a situation where they could reasonably be expected to take enforcement action and the use is approved or directed by the Command Staff or their designee. (d)Officers may be excused from wearing a ballistic vest when they are functioning primarily in an administrative or support capacity and could not reasonably be expected to take enforcement action. (e)Ballistic vests shall be worn when an officer is working in uniform or taking part in Department range training. (f)An officer may be excused from wearing a ballistic vest when they are involved in undercover or plainclothes work that their supervisor determines could be compromised by wearing a ballistic vest, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing a ballistic vest. Policy 1012 207 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Body Armor - 4 Golden Valley Police Department Policy Manual Body Armor 1012.3.2 INSPECTIONS OF BODY ARMOR Supervisors should ensure that ballistic vests are worn and maintained in accordance with this policy through routine observation and periodic documented inspections. Annual inspections of ballistic vests should be conducted by an authorized designee for fit, cleanliness and signs of damage, abuse and wear. 1012.3.3 CARE AND MAINTENANCE OF BALLISTIC VESTS Ballistic vests should never be stored for any period of time in an area where environmental conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient room temperature/humidity conditions), such as in automobiles or automobile trunks. Ballistic vests should be cared for and cleaned pursuant to the manufacturer’s care instructions provided with the ballistic vests. The instructions can be found on labels located on the external surface of each ballistic panel. The carrier should also have a label that contains care instructions. Failure to follow these instructions may damage the ballistic performance capabilities of the vests. If care instructions for the ballistic vests cannot be located, contact the manufacturer to request care instructions. Ballistic vests should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer, as noted on the vest panel label. 1012.4 TRAINING SERGEANT RESPONSIBILITIES The Training Sergeant should: (a) Monitor technological advances in the ballistic vest industry for any appropriate changes to Department approved ballistic vests. (b)Assess weapons and ammunition currently in use and the suitability of approved ballistic vests to protect against those threats. (c)Provide training that educates officers about the safety benefits of wearing ballistic vests. (d)Collect ballistic vests, along with other Department issued equipment, upon separation of employment of any Member. 208 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Records - 5 Golden Valley Police Department Policy Manual Personnel Records 1013.1 PURPOSE AND SCOPE This policy governs maintenance and access to personnel data. Personnel data includes any file maintained under an individual member's name. Without regard to where and how stored, all data about a current or former employee or applicant for employment shall be defined and classified as personnel data consistent with Minn. Stat. § 13.43. All data relating to a criminal investigation of a current or former employee or applicant shall be defined and classified as criminal data consistent with Minn. Stat. § 13.82. 1013.2 POLICY It is the policy of this department to maintain personnel data and preserve the confidentiality of personnel data pursuant to the Constitution and the laws of Minnesota (Minn. Stat. § 13.43). All personnel records are maintained by the Human Resources Department and accessible to employees as provided by law. Personnel records may be stored in the following locations, among others: the personnel file, the supervisor file, the training file, the medical file, and employee assistance records. 1013.3 PERSONNEL FILE The personnel file shall be maintained by the Human Resources Department as a record of a person’s employment/appointment with this Department. The personnel file should contain, at a minimum: (a)Personal data, including photographs, marital status, names of family members, educational and employment history or similar information. A photograph of the member should be permanently retained. (b)Application materials. (c)Election of employee benefits. (d)Personnel action reports reflecting assignments, promotions and other changes in employment/appointment status. These should be permanently retained. (e)Original performance evaluations. These should be permanently maintained. (f)Discipline records, including copies of sustained personnel complaints and corresponding investigative files. (g) Adverse comments such as supervisor notes or memos may be retained in the department file after the member has had the opportunity to read and initial the comment. 1.Once a member has had an opportunity to read and initial any adverse comment, Policy 1013 209 Golden Valley Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Records - 6 the member shall be given the opportunity to respond in writing to the adverse comment. 2.Any member response shall be attached to and retained with the original adverse comment. 3.If a member refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the member's file. (h)Commendations and awards. (i)Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy. 1013.4 SUPERVISOR FILE Supervisor files may be separately maintained internally by a member's supervisor for the purpose of completing timely performance evaluations. The supervisor file may contain supervisor comments, notes, notices to correct, coaching memos, and other materials that are intended to serve as a foundation for the completion of timely performance evaluations. 1013.5 TRAINING FILE The Police department shall maintain an individual training file for each member containing records of all training; original or photocopies of available certificates, and documentation of all education and firearms qualifications. Training records may also be created and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records). (a)The involved member is responsible for providing the assigned Training Sergeant or immediate supervisor with evidence of completed training/education in a timely manner. (b) The assigned Training Sergeant or supervisor shall ensure that copies of such training records are placed in the member’s training file. 1013.6 MEDICAL FILE The Human Resources department shall maintain a private medical file separately from all other personnel data and shall contain all documents relating to the member’s medical condition and history, including but not limited to: (a)Materials relating to a medical leave of absence, including leave under the Family and Medical Leave Act (FMLA). (b)Documents relating to workers’ compensation claims or the receipt of short- or long- term disability benefits. 210 Golden Valley Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Records - 7 (c)Fitness-for-duty examinations, psychological and physical examinations, follow-up inquiries and related documents. (d) Medical release forms, doctor’s slips and attendance records that reveal a member’s medical condition. (e)Any other documents or materials that reveal the member’s medical history or medical condition, including past, present or future anticipated mental, psychological or physical limitations. 1013.7 EMPLOYEE ASSISTANCE RECORDS Employee assistance records must be kept separate from personnel records and shall not become part of an employee’s personnel file (Minn. Stat. § 181.980, Subd. 3). 1013.8 SECURITY Personnel data should be maintained in a secured location and locked either in a cabinet or access-controlled room. Personnel data maintained in an electronic format should have adequate password protection and access shall only be granted to those City employees with a business need to know. Any personnel data not deemed public data is private and shall not be subject to disclosure except as provided by the Minnesota Government Data Practices Act, the City of Golden Valley’s Data Practices policy, this policy, the Records Maintenance and Release Policy, according to applicable discovery procedures, or with the member’s written consent (Minn. Stat. § 13.43; Minn. Stat. § 181.967, Subd. 4). Nothing in this policy is intended to preclude review of personnel data by the City Manager, City Attorney or other attorneys or representatives of the City in connection with official business. 1013.8.1 REQUESTS FOR DISCLOSURE Any member receiving a request for personnel data shall promptly notify the police department data designee, their supervisor, or the City’s Data Practices Compliance Official. Upon receipt of any such request, the responsible person shall notify the affected member as soon as practicable that such a request has been made. The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of the Data Practices Compliance Official or the City Attorney. All requests for disclosure that result in access to a member’s personnel data shall be logged in the City’s data practices request log, which shall be maintained according to the City’s Data Retention Schedule. 1013.8.2 RELEASE OF PRIVATE DATA Except as provided by this policy, pursuant to lawful process, or pursuant to state law or court order, no private data shall be disclosed without the written consent of the employee or as otherwise allowed by law (Minn. Stat. § 13.43; Minn. Stat. § 181.967, Subd. 4). 211 Golden Valley Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personnel Records - 8 1013.9 MEMBER ACCESS TO THEIR OWN PERSONNEL RECORDS Upon request, any member may request access to their own personnel file as set forth in Minn. Stat. § 181.961. Any member seeking the removal of any item from their personnel files shall file a written request to the Chief of Police through the chain of command. The Department shall remove any such item if appropriate and allowed by law, or within 30 days provide the member with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the member’s request and the written response from the Department shall be retained with the contested item in the member’s corresponding personnel file. If the contested item is ultimately removed, the written responses shall also be removed (Minn. Stat. § 181.962, Subd. 1). An employee not satisfied with this resolution may seek such other remedies as are authorized by the Minnesota Government Data Practices Act. Members may be restricted from accessing files containing any of the following information: (a)An ongoing internal affairs investigation to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the member of the intent to discipline. (b)Confidential portions of internal affairs files that have not been sustained against the member. (c)Letters of reference concerning employment/appointment, licensing or issuance of permits regarding the member. (d)Any portion of a test document, except the cumulative total test score for either a section of the test document or for the entire test document. (e)Materials used by the Department for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management incentive plans, promotions and job assignments or other comments or ratings used for department planning purposes. (f)Information of a personal nature about a person other than the member if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy. (g)Records relevant to any other pending claim between the Department and the member that may be discovered in a judicial proceeding. 1013.10 RETENTION AND PURGING Personnel data shall be maintained in accordance with the established records retention schedule and the Minnesota Government Data Practices Act. 212 Golden Valley Police Department Policy Manual Personnel Records Published with permission by Golden Valley Police Department (a)If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained through the chain of command from the Chief of Police and the City’s Data Practices Compliance Official. (b)If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule. 213 Policy 1015 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Commendations and Awards - 1 Commendations and Awards 1015.1 PURPOSE AND SCOPE This policy provides general guidelines for recognizing commendable or meritorious acts of members of the Golden Valley Police Department and individuals from the community. 1015.2 POLICY It is the policy of the Golden Valley Police Department to recognize and acknowledge exceptional individual or group achievements, performance, proficiency, heroism and service of its members and individuals from the community through commendations and awards. 1015.3 COMMENDATIONS Commendations for members of the Department or for individuals from the community may be initiated by any department member or by any person from the community. 1015.4 CRITERIA A meritorious or commendable act may include, but is not limited to: •Superior handling of a difficult situation. •Conspicuous bravery or outstanding performance. •Any action or performance that is above and beyond the typical duties. 1015.4.1 DEPARTMENT MEMBER DOCUMENTATION Members of the Department should document meritorious or commendable acts by completing the appropriate form completely. The documentation should contain: (a) Identifying information: 1.For members of the Department - name, division and assignment at the date and time of the meritorious or commendable act 2.For individuals from the community - name, address, telephone number (b)A brief account of the meritorious or commendable act with report numbers, as appropriate. (c)The signature of the member submitting the documentation. 1015.4.2 COMMUNITY MEMBER DOCUMENTATION Documentation of a meritorious or commendable act submitted by a person from the community should be accepted in any form. However, written documentation is preferred and available on the city's website. Department members accepting the documentation should attempt to obtain detailed information regarding the matter, including: (a) Identifying information: 214 Golden Valley Police Department Policy Manual Commendations and Awards Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Commendations and Awards - 2 1.For members of the Department - name, division and assignment at the date and time of the meritorious or commendable act 2.For individuals from the community - name, address, telephone number (b)A brief account of the meritorious or commendable act with report numbers, as appropriate. (c)The signature of the person submitting the documentation. 1015.4.3 PROCESSING DOCUMENTATION Documentation regarding the meritorious or commendable act of a member of the Department should be forwarded to the Awards Committee. The awards committee will review and forward their recommendation to the Chief of Police for their review. The Chief of Police or the authorized designee will present the commendation to the department member. The documentation will then be returned to the Administrative Support secretary for entry into the member's personnel file. Documentation regarding the meritorious or commendable act of an individual from the community should be forwarded to the Awards Committee for review and recommendations. The documentation will be signed by the Assistant Chief and forwarded to the Chief of Police for his/ her review. An appropriate venue or ceremony to acknowledge the individual's actions should be arranged. Documentation of the commendation shall be maintained in a file designated for such records. 1015.5 AWARDS Awards may be bestowed upon members of the Department and individuals from the community. These awards include: Medal of Honor The Medal of Honor may be awarded to any member of the department for the act of exceptional bravery or heroism. Demonstrated unselfishness, courage, and the immediate high risk of death or serious physical injury would characterize such an act. The award may also be given posthumously to a member who has died while in the line of duty. The Medal of Honor recipient shall receive a commemorative medal with blue ribbon, framed certificate of recognition, and a red/yellow uniform bar. Medal of Valor The Medal of Valor may be awarded to any member of the department for an extraordinary act of bravery that demonstrates obvious self-sacrifice in the face of death or serious physical injury. The Medal of Valor recipient shall receive a commemorative medal with blue ribbon, framed certificate of recognition, and a blue/white uniform bar. Certificate of Merit The Certificate of Merit may be awarded to a member of the department who distinguishes himself/herself by performing an act of excellent or outstanding self-initiated police work; acts that 215 Golden Valley Police Department Policy Manual Commendations and Awards Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Commendations and Awards - 3 are highly unusual and creditable; and for continuing, long-term dedication and devotion to the department or community (as a representative of the department). The Certificate of Merit recipient shall receive a framed certificate of recognition and a blue/red/white uniform bar. Page 287 Life Saving Award The Life Saving Award may be awarded to a member of the department when an employee's promptness and alert actions result in saving a life. The award may also be given where evidence indicates that actions by the employee(s) prolonged a human life. The Life Saving Award recipient shall receive a certificate of recognition and a red/blue/white uniform bar. Departmental Commendation The Departmental Commendation Award may be awarded to a member of the department for an outstanding police act or single incident, or significant accomplishment or achievement which brings credit to the department and which involved performance above and beyond the performance normally expected and required of the member's assignment. It may also be awarded to a member of the department for consistent, ongoing superior performance during the calendar year. The Departmental Commendation recipient shall receive a framed certificate of recognition and a red/blue uniform bar. Unit Citation Award The Unit Citation Award may be awarded to a shift or unit for exceptional performance of their duty/service and which reflects good credit upon the department and law enforcement profession as a whole. The Unit Citation Award recipient shall receive a certificate of recognitions and a red/ blue uniform bar. Certificate of Excellence This award is for distinction in job performance for Police Department employees. It is to be awarded to employees for any act of outstanding performance of duties for a specific incident or superior performance for any assignment over a prolonged period of time. Letter of Recognition The letter of Recognition may be awarded to a member of the department by a supervisor for performance that is recognizable because of his/her professionalism, attention to detail, or a specific effort to accomplish it. The Letter of Recognition does not go through the approval process. It will, however, be forwarded to the Committee and does not take the place of any other awards/ recognition that may be initiated. Citizens Award/Outside Agency Award A Citizens Award/Outside Agency Award may be recommended for any private citizen or officer from another agency in recognition of actions or achievements that have directly benefited the Police Department, any of its members, or other citizens in a substantial or significant manner. 1015.6 AWARDS/RECOGNITION RECOMMENDATIONS All departmental employees are encouraged to initiate award recommendations. All award recommendations must be made on the appropriate form, and care should be taken to include 216 Golden Valley Police Department Policy Manual Commendations and Awards Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Commendations and Awards - 4 as much detail as possible. A copy of the report, if not excessive in length, may be attached to the recommendation. All recommendations shall be forwarded to the chairperson of the Awards Committee. 1015.7 AWARDS/RECOGNITION COMMITTEE MEMBERSHIP The Awards/Recognition Committee will consist of the following members: •Chairperson (above the rank of sergeant) •Police Sergeant •Investigator •Patrol Officer (2) Awards/Recognition Committee members shall serve a term of two years. Committee members may resign from the committee, in writing, and the position will be filled by another person of the same rank or title. The goal of the two-year term length is to maintain the experience of the committee. The patrol commander will serve as committee chair. The committee may look at an employees' overall work during the calendar year and recommend an award based on his/her accomplishments. 1015.7.1 COMMITTEE PROCEDURES The Awards/Recognition Committee will meet at least twice annually. Members will be compensated for their attendance in accordance with any applicable labor agreements or pertinent departmental policies. It will be the duty of the committee to review each recommendation in great detail to decide the level of award/recognition, if any, is appropriate. Decisions of the committee will be made by a majority vote, with the chairperson casting the deciding vote in case of a tie. In cases where a recommendation is denied, a memorandum stating the reason for such denial shall be sent to the originating person. That person may appeal the decision in writing directly to the Chief of Police. All findings and recommendations of the committee shall be forwarded to the Chief of Police in writing. The Chief of Police will conduct a review of all recommendations and will be the final authority. The chief of police may raise or lower the level of award recommendation, reject it totally, or send it back to the committee for further documentation. The Awards/Recognition Committee will maintain written records of all recommendations. These records will be maintained by the department in compliance with relevant policies and procedures. 1015.7.2 PREPARATION AND PRESENTATION OF AWARDS/RECOGNITION It shall be the duty of the Committee Chair to compose the written narrative which will accompany each level of award/recognition. The actual preparation and giving of the award/recognition shall be the responsibility of the Chief of Police. 1015.8 WEARING OF AWARD RIBBONS Award ribbons issued for the Medal of Honor, Medal of Valor and Medal of Merit may be worn by uniformed personnel centered directly above the name tag on the uniform shirt, and by plain clothes personnel on the lapel of a suit or sport coat. Uniform bars issued by the Golden Valley 217 Golden Valley Police Department Policy Manual Commendations and Awards Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Commendations and Awards - 5 Police Department may be worn on duty. Awards received from other agencies may be worn on duty. Other assignment recognition uniform bars may be allowed by the Chief of Police. 218 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Fitness for Duty - 1 Golden Valley Police Department Policy Manual Fitness for Duty 1016.1 PURPOSE AND SCOPE All officers are required to be free from any physical, emotional or mental condition that might adversely affect the exercise of peace officer duties. The purpose of this policy is to ensure that all officers of this department remain fit for duty and able to perform their job functions. 1016.2 EMPLOYEE RESPONSIBILITIES (a)It shall be the responsibility of each member of this department to maintain good physical condition sufficient to safely and properly perform essential duties of the position. (b)Each member of this department shall perform his/her respective duties without physical, emotional and/or mental constraints. (c)During working hours, all employees are required to be alert, attentive and capable of performing assigned responsibilities. (d)Any employee who feels unable to perform his/her duties shall promptly notify a supervisor. In the event that an employee believes that another employee is unable to perform his/her duties, such observations and/or belief shall be promptly reported to a supervisor. 1016.3 SUPERVISOR RESPONSIBILITIES (a)A supervisor observing an employee, or receiving a report of an employee, who is perceived to be unable to safely perform his/her duties due to a physical, medical or mental condition shall take prompt and appropriate action in an effort to resolve the situation. (b)Whenever feasible, the supervisor should attempt to ascertain the reason or source of the problem and in all cases a preliminary evaluation should be made to determine the level of inability of the employee to perform his/her duties. (c)In the event the employee appears to be in need of immediate medical or psychiatric treatment, all reasonable efforts should be made to provide such care. (d)In conjunction with the Shift Sergeant or the employee’s available Assistant Chief, a determination should be made whether the employee should be temporarily relieved from his/her duties. (e)The Chief of Police shall be promptly notified in the event that any employee is relieved from duty. Policy 1016 219 Golden Valley Police Department Policy Manual Fitness for Duty Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Fitness for Duty - 2 1016.4 NON-WORK RELATED CONDITIONS Any employee suffering from a non-work related condition that warrants a temporary relief from duty may be required to use sick leave or other paid time off in order to obtain medical treatment or other reasonable rest period and must follow all policies related to time away from work. 1016.5 WORK RELATED CONDITIONS Any employee suffering from a work-related condition that warrants a temporary relief from duty shall be required to comply with personnel rules and guidelines for processing such claims. Upon the recommendation of the Shift Sergeant or unit supervisor and concurrence of a Assistant Chief, any employee whose actions or use of force in an official capacity result in death or serious injury to another may be temporarily removed from regularly assigned duties and/or placed on paid administrative leave for the well-being of the employee and until such time as the following may be completed: (a)A preliminary determination that the employee's conduct appears to be in compliance with policy and law. (b)If appropriate, the employee has had the opportunity to receive necessary counseling and/or psychological clearance to return to full duty. 1016.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS (a)Whenever circumstances reasonably indicate that an employee is unfit for duty, the Chief of Police may serve that employee with a written order to undergo a physical and/ or psychological examination in cooperation with Human Resources to determine the level of the employee’s fitness for duty. The order shall indicate the date, time and place for the examination. (b)The examining physician or therapist will provide the Department with a report indicating that the employee is either fit for duty or, if not, list any functional limitations that limit the employee's ability to perform job duties. If the employee places his/her condition at issue in any subsequent or related administrative action or grievance, the examining physician or therapist may be required to disclose any and all information that is relevant to such proceeding. (c)To facilitate the examination of any employee, the Department will provide all appropriate documents and available information to assist in the evaluation and/or treatment. (d)All reports and evaluations submitted by the treating physician or therapist shall be part of the employee’s private medical file. (e)Any employee ordered to receive a fitness for duty examination shall comply with the terms of the order and cooperate fully with the examining physician or therapist regarding any clinical interview, tests administered or other procedures as directed. 220 Golden Valley Police Department Policy Manual Fitness for Duty Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Fitness for Duty - 3 Any failure to comply with such an order and any failure to cooperate with the examining physician or therapist may be deemed insubordination and may subject the employee to discipline up to and including termination. (f)Once an employee has been deemed fit for duty by the examining physician or therapist, the employee will be notified to resume his/her duties. (g)If an employee is deemed unfit for duty by the Department, the employee may submit a report from the employee’s personal physician, psychiatrist, psychologist or other health care provider that will be taken into consideration. 1016.7 APPEALS Employees disputing the application or interpretation of this policy may submit a grievance as provided in the Grievance Procedure Policy or the applicable collective bargaining agreement. 221 Policy 1017 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Meal Periods and Breaks - 1 Meal Periods and Breaks 1017.1 PURPOSE AND SCOPE This policy regarding meals and breaks, insofar as reasonably possible shall conform to the policy governing all City employees pursuant to Minn. Stat. § 177.253, Minn. Stat. § 177.254 and Minn. R. § 5200.0120. 1017.1.1 MEAL PERIODS Each employee who works for eight or more consecutive hours is entitled to sufficient time to eat a meal (Minn. Stat. § 177.254). Licensed Peace Officers and Community Service Officers shall remain on-duty subject to call during meal periods. All other employees are not on call during meal periods unless directed otherwise by a supervisor. Uniformed Officers shall request clearance from Dispatch prior to taking a meal period. Uniformed Licensed Peace Officers and Community Service Officers shall take their meal periods within the City limits unless on assignment outside of the City. The time spent for the meal period shall not exceed the authorized time allowed. 1017.1.2 10 MINUTE BREAKS Each employee is allowed adequate time from work within each four consecutive hours of work to utilize the nearest convenient restroom (Minn. Stat. § 177.253). Employees normally assigned to the police facility shall remain in the police facility for their breaks. This does not prohibit them from taking a break outside the facility if on official business. Field officers will take their breaks in their assigned areas, subject to call, and shall monitor their radios. When field officers take their breaks away from their vehicles, they shall do so only with the knowledge and clearance of Dispatch. 222 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Outside Employment - 5 Outside Employment 1021.1 PURPOSE AND SCOPE To avoid actual or perceived conflicts of interest for Department employees engaging in outside employment, all employees shall initially obtain written approval from the Chief of Police prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Chief of Police in accordance with the provisions of this policy and the City of Golden Valley Employee Handbook Outside Employment Policy. 1021.1.1 DEFINITIONS Outside Employment - The employment of any member of this department who receives wages, compensation or other consideration of value from another employer, organization or individual not affiliated directly with this department for services, product(s) or benefits rendered. For purposes of this section, the definition of outside employment includes those employees who are self- employed and not affiliated directly with this department for services, product(s) or benefits rendered. 1021.2 APPROVAL No member of this department may engage in any outside employment without first obtaining prior written approval of the Chief of Police. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy is grounds for disciplinary action. 1021.2.1 OBTAINING APPROVAL. To obtain approval for outside employment, the employee must complete an Outside Employment Application that shall be submitted to the employee's immediate supervisor. The application will then be forwarded through the appropriate chain of command to the Chief of Police, Human Resources and the City Manager for consideration. All requests for outside employment must meet the requirements of the City's outside employment policy in the Employee Handbook as well as any requirements imposed by the Chief of Police. If approved, the employee will be provided with a copy of the written approval. 1021.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT AUTHORIZATION Any outside employment authorization may be revoked or suspended after the employee has received written notification of the reasons for revocation or suspension. Revocation will be implemented after the employee has exhausted the appeal process. The outside employment may be revoked: (a)If an employee’s performance declines to a point where it is evaluated by a supervisor as needing improvement to reach an overall level of minimum acceptable competency and the outside employment may be related to the employee's performance. The Chief of Police may, at his/her discretion, notify the employee of the intent to revoke any previously approved outside employment authorization(s). After the appeal Policy 1021 223 Golden Valley Police Department Policy Manual Outside Employment Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Outside Employment - 6 process has concluded, the revocation will remain in force until the employee’s performance directly related to the outside employment has been reestablished to the minimum level of acceptable competency. (b)If, at any time during the term of a valid outside employment authorization, an employee’s conduct or outside employment conflicts with the provisions of Department policy, or any law. (c)The outside employment creates an actual or apparent conflict of interest with the Department or City. 1021.3 PROHIBITED OUTSIDE EMPLOYMENT The Department expressly reserves the right to deny any Outside Employment Application submitted by an employee seeking to engage in any activity that: (a)Involves the employee’s use of Department time, facilities, equipment or supplies, the use of the Department badge, uniform, prestige or influence for private gain or advantage. (b)Involves the employee’s receipt or acceptance of any money or other consideration from anyone other than this department for the performance of an act that the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment or as a part of the employee’s duties as a member of this department. (c) Involves the performance of an act in other than the employee’s capacity as a member of this department that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other employee of this department. (d)Involves time demands that would render performance of the employee’s duties for this department below minimum standards or would render the employee unavailable for reasonably anticipated overtime assignments and other job-related demands that occur outside regular working hours. 1021.3.1 OUTSIDE SECURITY & SPECIAL EVENTS SERVICES Due to the potential conflict of interest no member of this department may engage in any outside or secondary employment as a private security guard, private investigator or other similar private security position. Any private organization, entity or individual seeking special services for security or traffic control from members of this department must submit a written request to the Chief of Police in advance of the desired service and enter into a written contract with the City that provides for at least the following: (a)The applicant will be required to enter into a written indemnification agreement prior to approval. (b) The applicant will further be required to provide for the compensation and full benefits of all employees requested for such services. (c)If such a request is approved, any employee working outside overtime shall be subject 224 Golden Valley Police Department Policy Manual Outside Employment Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Outside Employment - 7 to the following conditions: 1.The officer(s) shall wear the Department uniform/identification. 2. The officer(s) shall be subject to all the rules and regulations of this Department and the City. 3.No officer may engage in such outside employment during or at the site of a strike, lockout, picket or other physical demonstration of a labor dispute. 4. Compensation for such approved outside security services shall be pursuant to normal overtime procedures. Such overtime will be monitored by the Assistant Chief of Patrol. 5. Outside security services, outside employment or outside overtime shall not be subject to the collective bargaining process. 1021.3.3 SPECIAL RESTRICTIONS Except for emergency situations or with prior authorization from the Assistant Chief, undercover officers or officers assigned to covert operations shall not be eligible to work overtime or other assignments in a uniformed or other capacity that might reasonably disclose the officer's law enforcement status. 1021.4 DEPARTMENT RESOURCES Employees are prohibited from using any Department equipment or resources in the course of or for the benefit of any outside employment. This shall include the prohibition of access to official records or databases of this department or other agencies through the use of the employee’s position with this department. 1021.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS If an employee terminates his/her outside employment, the employee shall promptly submit written notification of such termination to the Chief of Police through the appropriate chain of command. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through normal procedures set forth in this policy. Employees shall also promptly submit in writing to the Chief of Police any material changes in outside employment including any change in the number of hours, type of duties or demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material shall report the change. 1021.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY OR ADMINISTRATIVE LEAVE Department members engaged in outside employment who are placed on disability or administrative leave or modified/light-duty shall inform their immediate supervisor in writing within five days whether they intend to continue to engage in outside employment while on such leave or light-duty status. The immediate supervisor shall review the duties of the outside employment along with any work-related doctor’s orders and make a recommendation to the Chief of Police whether such outside employment should continue or be suspended or revoked. In the event the Chief of Police determines that the outside employment should be discontinued or if the employee fails to promptly notify their supervisor of their intentions regarding the work 225 Golden Valley Police Department Policy Manual Outside Employment Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Outside Employment - 8 authorization, a notice of intent to revoke the employee's authorization will be forwarded to the involved employee and a copy attached to the original work authorization. The revocation process outlined in this policy shall be followed. Criteria for revoking or suspending the outside employment approval while on disability status or administrative leave include, but are not limited to, the following: (a) The outside employment is medically detrimental to the total recovery of the disabled employee, as indicated by the City's professional medical advisors. (b)The outside employment performed requires the same or similar physical ability, as would be required of an on-duty employee. (c)The employee’s failure to make timely notice of their intentions to their supervisor. (d) The outside employment is not compatible with the reason the employee is on administrative leave. 226 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Occupational Disease, Personal Injury and Death Reporting - 1 Golden Valley Police Department Policy Manual Occupational Disease, Personal Injury and Death Reporting 1022.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance regarding the timely reporting of occupational diseases, personal injuries and deaths. 1022.1.1 DEFINITIONS Definitions related to this policy include (Minn. Stat. § 176.011): Occupational disease – A mental impairment or physical disease arising out of and in the course of employment peculiar to the occupation in which the member is engaged and due to causes in excess of the hazards ordinary of employment. The term includes diagnosis of post- traumatic stress disorder (PTSD) by a psychiatrist or psychologist; however, mental impairment is not considered a disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action taken in good faith by the Department. Personal injury – Any mental impairment or physical injury arising out of and in the course of employment, including personal injury caused by occupational disease, while engaged in, on or about the premises where the member’s services require the member’s presence as part of that service at the time of the injury and during the hours of that service. Personal injury does not include an injury caused by the act of a third person or fellow department member who intended to injure the member because of personal reasons, and not directed against the member as a member of the Golden Valley Police Department, or because of the employment with the Golden Valley Police Department. Mental impairment is not considered a personal injury if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action taken in good faith by the Department. 1022.2 POLICY The Golden Valley Police Department will address occupational diseases, personal injuries and deaths appropriately, and will comply with applicable state workers’ compensation requirements (Minn. Stat. § 176.231). 1022.3 RESPONSIBILITIES 1022.3.1 MEMBER RESPONSIBILITIES Any member sustaining any occupational disease or personal injury shall complete a first report of injury as soon as practicable, but within 24 hours, to a supervisor, and shall seek medical care when appropriate. Policy 1022 227 Golden Valley Police Department Policy Manual Occupational Disease, Personal Injury and Death Reporting Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Occupational Disease, Personal Injury and Death Reporting - 2 1022.3.2 SUPERVISOR RESPONSIBILITIES A supervisor learning of any occupational disease or personal injury should ensure the member receives medical care as appropriate. Supervisors shall ensure that required documents regarding workers’ compensation are completed and forwarded promptly. Any related Citywide disease- or injury-reporting protocol shall also be followed. Supervisors shall determine whether the Major Incident Notification and Workplace Accident and Injury Reduction policies apply and take additional action as required. 1022.3.3 ASSISTANT CHIEF RESPONSIBILITIES The Assistant Chief who receives a report of an occupational disease, personal injury or death should review the report for accuracy and determine what additional action should be taken. The report shall then be forwarded to the Chief of Police, the City's risk management entity, Human Resources, and the Assistant Chief of Operations to ensure any required Minnesota Occupational Safety and Health Administration (MNOSHA) reporting is made as required in the illness and injury prevention plan identified in the Workplace Accident and Injury Reduction Policy. 1022.3.4 CHIEF OF POLICE RESPONSIBILITIES The Chief of Police shall review and forward copies of the report to the Department of Human Resources. Copies of the report and related documents retained by the Department shall be filed in the member’s confidential medical file. 1022.4 OTHER DISEASE OR INJURY Diseases, injuries or deaths caused or occurring on-duty that do not qualify for workers’ compensation reporting shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to the appropriate Assistant Chief through the chain of command and a copy sent to the Assistant Chief of Operations. Unless the injury is extremely minor, this report shall be signed by the affected member, indicating that he/she desired no medical attention at the time of the report. By signing, the member does not preclude his/her ability to later seek medical attention. 1022.5 SETTLEMENT OFFERS When a member sustains an occupational disease or personal injury that is caused by another person and is subsequently contacted by that person, his/her agent, insurance company or attorney and offered a settlement, the member shall take no action other than to submit a written report of this contact to his/her supervisor as soon as possible. 1022.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising out of or related to an occupational disease or personal injury, the member shall provide the Chief of Police with written notice of the proposed terms of such settlement. In no case shall the member 228 Golden Valley Police Department Policy Manual Occupational Disease, Personal Injury and Death Reporting Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Occupational Disease, Personal Injury and Death Reporting - 3 accept a settlement without first providing written notice to the Chief of Police. The purpose of such notice is to permit the City to determine whether the offered settlement will affect any claim the City may have regarding payment for damage to equipment or reimbursement for wages against the person who caused the disease or injury, and to protect the City's right of subrogation, while ensuring that the member's right to receive compensation is not affected. 229 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personal Appearance Standards - 4 Golden Valley Police Department Policy Manual Personal Appearance Standards 1023.1 PURPOSE AND SCOPE To project uniformity and neutrality toward the public and other members of the Department, employees shall maintain their personal hygiene and appearance to project a professional image appropriate for this department and for their assignment. 1023.2 GROOMING Unless otherwise stated and because deviations from these standards could present officer health safety issues, the following appearance standards shall apply to all members, except those whose current assignment would deem them not appropriate, and where the Chief of Police has granted exception. 1023.2.1 HAIR Hair shall be clean and neatly trimmed or arranged. Hair adornments shall be primarily for the purpose of securing the hair and must not interfere with officer safety. When working a field assignment, hairstyles for department members must not extend below the bottom edge of a uniform or dress shirt collar while assuming a normal stance. Longer hair shall be worn up or in a tightly wrapped braid or ponytail that is secured to the head above the bottom edge of the shirt collar. 1023.2.2 FACIAL HAIR Facial hair must be neatly groomed and meet all requirements of the Occupational Safety and Health Administration (OSHA), including not interfering with equipment like helmets, gas masks, or other personal protective equipment. 1023.2.3 FINGERNAILS Fingernails shall be cleaned and neatly trimmed to a length that will not present a safety concern. 1023.2.4 PERSONAL HYGIENE All members must maintain proper personal hygiene. Examples of improper personal hygiene include but are not limited to dirty fingernails, bad breath, body odor, and dirty hair. Any member who has a condition due to a protected category (e.g., race, physical disability) that affects any aspect of personal hygiene covered by this policy may qualify for an accommodation and should report any need for an accommodation to the Chief of Police or human resources. 1023.3 BODY PIERCING OR ALTERATION Body piercing or alteration to any area of the body that is visible in any authorized uniform or attire, Policy 1023 230 Golden Valley Police Department Policy Manual Personal Appearance Standards Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personal Appearance Standards - 5 and is a deviation from naturally occurring anatomical features and that is not medically required is prohibited. Such body alteration includes, but is not limited to: (a)Tongue splitting or piercing. (b) The complete or transdermal implantation of any material other than hair replacement or breast augmentation. (c)Abnormal shaping of the ears, eyes, nose or teeth. (d)Branding or scarification. Ear piercings are allowed, but members may be asked to limit the size and style of earrings while on duty for safety purposes. Piercings that are not visible or are covered by clothing are allowed so long as they do not interfere with a member's uniform or equipment. Facial piercings can cause safety issues during physical confrontations or while wearing personal protective equipment. Therefore, sworn members may not wear facial piercings while on duty. 1023.4 POLICY Golden Valley Police Department members shall maintain their personal hygiene and appearance to project a professional image that is appropriate for this department and for their assignments. Department personal appearance standards are primarily based on safety requirements. 1023.5 APPEARANCE 1023.5.1 TATTOOS At no time while the member is on-duty or representing the Department in any official capacity shall any offensive tattoo or body art be visible. Examples of offensive tattoos include but are not limited to those that exhibit or advocate discrimination; those that exhibit gang, supremacist, or extremist group affiliation; and those that depict or promote drug use, sexually explicit acts, or other obscene material. 1023.5.2 JEWELRY For the purpose of this policy, jewelry refers to rings, earrings, necklaces, bracelets, wristwatches, and tie tacks or tie bars. Jewelry may not create a safety concern for the department member or others. Jewelry that depicts racial, sexual, discriminatory, gang-related, or obscene language is not allowed. Members may be asked to limit the size, quantity, and style of jewelry for safety purposes. 1023.5.3 DENTAL ORNAMENTATION Members may be asked to limit the size, quantity, and style of dental ornamentation for decorative purposes that is not medically required for safety purposes. 231 Golden Valley Police Department Policy Manual Personal Appearance Standards Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Personal Appearance Standards - 6 1023.6 RELIGIOUS ACCOMMODATION The religious beliefs and needs of department members should be reasonably accommodated. Requests for religious accommodation should generally be granted unless there is a compelling security or safety reason and denying the request is the least restrictive means available to ensure security or safety. The Chief of Police should be advised any time a request for religious accommodation is denied. Those who request to wear headscarves, simple head coverings, certain hairstyles, or facial hair for religious reasons should generally be accommodated absent unusual circumstances. 1023.7 EXEMPTIONS Members who seek an exemption to this policy protected by law (e.g., culturally protective hairstyles) should generally be accommodated (Minn. Stat. § 363A.03). A member with an exemption may be ineligible for an assignment if the individual accommodation presents a security or safety risk. The Chief of Police should be advised any time a request for such an accommodation is denied or when a member with an exemption is denied an assignment based on a safety or security risk. 232 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Uniform Regulations - 1 Golden Valley Police Department Policy Manual Uniform Regulations 1024.1 PURPOSE AND SCOPE The uniform policy of the Golden Valley Police Department is established to ensure that uniformed officers, special assignment personnel and non- licensed employees will be readily identifiable to the public through the proper use and wearing of department uniforms. Employees should also refer to the following associated policies: •Firearms •Department Owned and Personal Property •Body Armor •Personal Appearance Standards The uniform and equipment specifications manual is maintained and periodically updated by the Chief of Police or the authorized designee. The manual, and associated procedures, should be consulted regarding authorized equipment and uniform specifications. The Golden Valley Police Department will provide uniforms for all employees who are required to wear them in the manner, quantity and frequency agreed upon in the respective employee group’s collective bargaining agreement. The uniforms for officers of this department shall be a consistent color pursuant to Minn. Stat. § 626.88 Subd. 2. 1024.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT Police employees wear the uniform to be identified as the law enforcement authority in society. The uniform also serves an equally important purpose, which is to identify the wearer as a source of assistance in an emergency, crisis or other time of need. (a)Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean and appear professionally pressed. (b)All peace officers of this department shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty. (c)Personnel shall wear only the uniform specified for their rank and assignment. (d)The uniform is to be worn in compliance with the specifications set forth in the Department's uniform specifications and procedures which are maintained separately from this policy. (e)All supervisors will perform periodic inspections of their personnel to ensure conformance to these regulations. (f)Civilian attire shall not be worn in combination with any distinguishable part of the uniform. Policy 1024 233 Golden Valley Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Uniform Regulations - 2 (g)Uniforms are only to be worn while on-duty, while in transit to or from work, for court or at other official Department functions or events. (h)If the uniform is worn while in transit while driving a personal vehicle an outer garment shall be worn over the uniform shirt so as not to bring attention to the employee while off-duty. (i)Employees shall not purchase or drink alcoholic or THC/cannabis infused food or beverages while wearing any identifiable part of the Department uniform. 1024.2.1 DEPARTMENT ISSUED IDENTIFICATION The Department issues each employee an official Department identification card bearing the employee’s name, identifying information and photo likeness. All employees shall be in possession of their Department-issued identification card at all times while on-duty or when carrying a concealed weapon. (a)Whenever on-duty or acting in an official capacity representing the Department, employees shall display their Department issued identification in a courteous manner to any person upon request and as soon as practicable. (b)Officers working specialized assignments may be excused from the possession and display requirements when directed by their Assistant Chief. 1024.3 UNIFORM CLASSES 1024.3.1 CLASS A UNIFORM The Class A uniform is to be worn on special occasions such as funerals, graduations, promotions, ceremonies or as directed. The Class A uniform is required for all licensed personnel. The Class A uniform includes the standard issue uniform with: (a)Long sleeve shirt with tie. (b) Eight point hat with badge (c)Polished shoes. The campaign hat may be worn for events held outdoors. Boots with pointed toes are not permitted. 1024.3.2 CLASS B UNIFORM All officers will possess and maintain a serviceable Class B uniform at all times. The Class B uniform will consist of the same garments and equipment as the Class A uniform with the following exceptions: (a)The long or short sleeve shirt may be worn with the collar open. No tie is required. (b)A white, navy blue or black crew neck t-shirt must be worn with the uniform. (c)All shirt buttons must remain buttoned except for the last button at the neck. (d) Polished shoes. 234 Golden Valley Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Uniform Regulations - 3 (e)Approved all black unpolished shoes may be worn. (f)Boots with pointed toes are not permitted. 1024.3.3 CLASS C UNIFORM The Class C uniform may be established to allow field personnel cooler clothing during the summer months or for special duty assignments. The Chief of Police will establish the regulations and conditions for wearing the Class C Uniform and the specifications for the Class C Uniform. 1024.3.4 SPECIALIZED UNIT UNIFORMS The Chief of Police may authorize special uniforms to be worn by officers in specialized units such as Canine Team, SWAT, Bicycle Patrol, Motor Officers and other specialized assignments. 1024.3.5 FOUL WEATHER GEAR The Uniform and Equipment Specifications lists the authorized uniform jacket and rain gear. 1024.4 INSIGNIA AND PATCHES (a)Shoulder patches - The authorized shoulder patch supplied by the Department shall be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of an inch below the shoulder seam of the shirt, and be bisected by the crease in the sleeve. (b)Service stripes and stars - Service stripes and other indicators for length of service shall be worn on long sleeved shirts and jackets. They are to be machine stitched onto the uniform. The bottom of the service stripe shall be sewn the width of one and one- half inches above the cuff seam with the rear of the service stripes sewn on the dress of the sleeve. The stripes are to be worn on the left sleeve only. (c)The regulation nameplate, or an authorized sewn-on nameplate, shall be worn at all times while in uniform. The nameplate shall display the employee's first initial and last name. If the employee desires other than the legal first name, the employee must receive approval from the Chief of Police. The nameplate shall be worn and placed above the right pocket located in the middle, bisected by the pressed shirt seam, with equal distance from both sides of the nameplate to the outer edge of the pocket. (d)When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate shall be affixed to the jacket in the same manner as the uniform. (e)Assignment Insignias - Assignment insignias, (e.g., SWAT, FTO or similar) may be worn as designated by the Chief of Police. (f)Flag pin or patch - A flag pin may be worn, centered above the nameplate. An American flag patch of a size not to exceed 3 inches by 5 inches may be worn on the sleeve or above the right front pocket using appropriate flag display etiquette (Minn. Stat. § 15.60). (g) Badge - The Department-issued badge, or an authorized sewn-on cloth replica, must be worn and be visible at all times while in uniform. Licensed non-uniform personnel will wear or carry their badge in a manner that it is in reasonable proximity to their firearm and able to be displayed whenever appropriate. 235 Golden Valley Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Uniform Regulations - 4 (h) Rank insignia - The designated insignia indicating the employee's rank must be worn at all times while in uniform. The Chief of Police may authorize exceptions. 1024.4.1 MOURNING BADGE Uniformed employees may wear a black mourning band across the uniform badge whenever a law enforcement officer is killed in the line of duty. The following mourning periods will be observed: (a)An officer of this department - From the time of death until midnight on the 14th day after the death. (b)An officer from this state - From the time of death until midnight on the day of the funeral. (c)Funeral attendee - While attending the funeral of a fallen officer. (d) National Peace Officers Memorial Day (May 15) - From midnight through the following midnight. (e)As directed by the Chief of Police or designee. 1024.5 CIVILIAN ATTIRE There are assignments within the Department that do not require the wearing of a uniform because recognition and authority are not essential to their function. There are also assignments in which wearing civilian attire is necessary. (a)All employees shall wear clothing that fits properly, is clean and free of stains and not damaged or excessively worn. (b)All administrative, investigative and support personnel who elect to wear civilian clothing to work shall wear button style shirts with a collar, dresses, blouses, slacks or suits that are moderate in style. (c)The following items shall not be worn on-duty: 1.T-shirt alone. 2. Open-toed sandals or thongs. 3.Swimsuit, tube tops or halter tops. 4.Spandex type pants or see-through clothing. 5.Distasteful printed slogans, buttons or pins. 6.Shorts. (d)Variations from this order are allowed at the discretion of the Chief of Police or designee when the employee's assignment or current task is not conducive to wearing such clothing. (e)No item of civilian attire may be worn on-duty that would adversely affect the reputation of the Golden Valley Police Department or the morale of the employees. (f)Licensed employees carrying firearms while wearing civilian attire should wear clothing that effectively conceals the firearm when outside a controlled law enforcement facility or work area. 236 Golden Valley Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Uniform Regulations - 5 1024.6 POLITICAL ACTIVITIES, ENDORSEMENTS, ADVERTISEMENTS OR OTHER APPEARANCES IN UNIFORM Unless specifically authorized by the Chief of Police, Golden Valley Police Department employees may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a badge, patch or other official insignia of the Department, or cause to be posted, published or displayed, the image of another employee, or identify him/herself as an employee of the Golden Valley Police Department to do any of the following: (a)Endorse, support, oppose or contradict any political campaign or initiative. (b)Endorse, support, oppose or contradict any social issue, cause or religion. (c)Endorse, support or oppose, any product, service, company or other commercial entity. (d)Appear in any commercial, social or nonprofit publication, or any motion picture, film, video, public broadcast, photo, any website or any other visual depiction. 1024.7 OPTIONAL EQUIPMENT - MAINTENANCE AND REPLACEMENT (a)Any of the items listed in the Uniform and Equipment Specifications as optional shall be purchased at the expense of the employee. (b)Maintenance of optional items shall be the financial responsibility of the purchasing employee (e.g., repairs due to normal wear and tear). (c)Replacement of items listed in this order as optional shall be done as follows: 1.When the item is no longer functional because of normal wear and tear, the employee bears the full cost of replacement. 2. When the item is no longer functional because of damage in the course of the employee's duties, it may be replaced following the procedures for the replacement of damaged personal property in the Department-Owned and Personal Property Policy. 1024.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES Golden Valley Police Department employees may not wear any uniform item, accessory or attachment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. Golden Valley Police Department employees may not use or carry any tool or other piece of equipment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. 237 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Nepotism and Conflicting Relationships - 1 Golden Valley Police Department Policy Manual Nepotism and Conflicting Relationships 1026.1 PURPOSE AND SCOPE The purpose of this policy is to ensure equal opportunity and effective employment practices by avoiding actual or perceived favoritism, discrimination or actual or potential conflicts of interest by or between members of this department. These employment practices include: recruiting, testing, hiring, compensation, assignment, use of facilities, access to training opportunities, supervision, performance appraisal, discipline and workplace safety and security. 1026.1.1 DEFINITIONS Business relationship - Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder or investor in an outside business, company, partnership, corporation, venture or other transaction. Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably appears that a Department employee's action, inaction or decisions are or may be influenced by the employee's personal or business relationship. Nepotism - The practice of showing favoritism to relatives in appointment, employment, promotion or advancement by any public official in a position to influence these personnel decisions. Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship beyond mere friendship. Public official - A supervisor, officer or employee vested with authority by law, rule or regulation, or to whom authority has been delegated. Relative - An employee's parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted or step), sibling or grandparent. Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority of a supervisor. Supervisor - An employee who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluation and/or performance of a subordinate employee. 1026.2 RESTRICTED DUTIES AND ASSIGNMENTS The Department will not prohibit all personal or business relationships between employees. However, in order to avoid nepotism or other inappropriate conflicts, the following restrictions apply: (a) Employees are prohibited from directly supervising, occupying a position in the line of supervision or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship. 1. Supervisor/subordinate relationships that do not meet the requirements of this policy may exist temporarily only in extraordinary circumstances and with Policy 1026 238 Golden Valley Police Department Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Nepotism and Conflicting Relationships - 2 the written approval of the Chief of Police and City Manager, either of which may impose conditions or restrictions on the arrangement. If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor shall defer matters pertaining to the involved employee to an uninvolved supervisor. 2.When personnel and circumstances permit, the Department will attempt to make every reasonable effort to avoid placing employees in such supervisor/ subordinate situations. The Department reserves the right to transfer or reassign any employee to another position within the same classification in order to avoid conflicts with any provision of this policy. (b)Employees are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship. (c)Whenever reasonably possible Field Training Officers (FTOs) and other trainers will not be assigned to train relatives. FTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation. (d)To avoid actual or perceived conflicts of interest members of this department shall refrain from developing or maintaining personal or financial relationships with victims, witnesses or other individuals during the course of, or as a direct result of, any official contact. (e)Except as required in the performance of official duties or in the case of immediate relatives, employees shall not develop or maintain personal or financial relationships with any individual they know or reasonably should know is under criminal investigation, is a convicted felon, parolee, fugitive, or registered predatory offender or who engages in intentional violations of state or federal laws. 1026.2.1 EMPLOYEE RESPONSIBILITY Prior to entering into any personal or business relationship or other circumstance that the employee knows or reasonably should know could create a conflict of interest or other violation of this policy, the employee shall promptly notify his/her uninvolved, next highest supervisor. Whenever any employee is placed in circumstances that would require the employee to take enforcement action or provide other official information or services to any relative or other individual with whom the employee is involved in a personal or business relationship, the employee shall promptly notify his/her uninvolved immediate supervisor. In the event that no uninvolved supervisor is immediately available, the employee shall promptly notify dispatch to have another uninvolved employee either relieve the involved employee or minimally remain present to witness the action. 239 Golden Valley Police Department Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Nepotism and Conflicting Relationships - 3 1026.2.2 SUPERVISOR'S RESPONSIBILITY Upon being notified of or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to promptly mitigate or avoid such violations. Supervisors shall also promptly notify the Chief of Police of such actual or potential violations through the chain of command. 240 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Department Badges - 1 Golden Valley Police Department Policy Manual Department Badges 1027.1 PURPOSE AND SCOPE The Golden Valley Police Department badge and uniform patch as well as the likeness of these items and the name of the Golden Valley Police Department are property of the Department and their use shall be restricted as set forth in this policy. 1027.2 POLICY The uniform badge shall be issued to Department members as a symbol of authority. The use and display of Department badges shall be in strict compliance with this policy. Only authorized badges issued by this department shall be displayed, carried or worn by members while on-duty or otherwise acting in an official or authorized capacity. 1027.2.1 FLAT BADGE Licensed officers, with the written approval of the Chief of Police, may purchase at their own expense a flat badge capable of being carried in a wallet. The use of the flat badge is subject to all the same provisions of Department policy as the uniform badge. (a)An officer may sell, exchange or transfer the flat badge he/she purchased to another officer within the Golden Valley Police Department with the written approval of the Chief of Police. (b) Should the flat badge become lost, damaged or otherwise removed from the officer’s control he/she shall make the proper notifications as outlined in the Department- Owned and Personal Property Policy. (c)An honorably retired officer may keep his/her flat badge upon retirement. (d)The purchase, carrying or display of a flat badge is not authorized for non-licensed personnel. 1027.2.2 NON-SWORN PERSONNEL Badges and Department identification cards issued to non- licensed personnel shall be clearly marked to reflect the position of the assigned employee (e.g. parking control, dispatcher). (a)Non-licensed personnel shall not display any Department badge except as a part of his/her uniform and while on-duty or otherwise acting in an official and authorized capacity. (b)Non-licensed personnel shall not display any Department badge or represent him/ herself, on- or off-duty, in such a manner which would cause a reasonable person to believe that he/she is a licensed officer. Policy 1027 241 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Department Badges - 2 Golden Valley Police Department Policy Manual Department Badges 1027.2.3 RETIREE UNIFORM BADGE Upon honorable retirement employees may purchase their assigned duty badge for display purposes. It is intended that the duty badge be used only as private memorabilia, as other uses of the badge may be unlawful or in violation of this policy. 1027.3 UNAUTHORIZED USE Except as required for on-duty use by current employees, no badge designed for carry or display in a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably retired peace officer. Department badges are issued to all licensed employees and non-sworn uniformed employees for official use only. The Department badge, shoulder patch or the likeness thereof, or the Department name shall not be used for personal or private reasons including, but not limited to, letters, memoranda and electronic communications, such as electronic mail or websites and web pages. The use of the badge, uniform patch and Department name for all material (e.g., printed matter, products or other items) developed for Department use shall be subject to approval by the Chief of Police. Employees shall not loan the badge or identification card to others and shall not permit the badge or identification card to be reproduced or duplicated. 1027.4 PERMITTED USE BY EMPLOYEE GROUPS The likeness of the Department badge shall not be used without the express authorization of the Chief of Police and shall be subject to the following: (a)The employee associations may use the likeness of the Department badge for merchandise and official association business provided it is used in a clear representation of the association and not the Golden Valley Police Department. The following modifications shall be included: 1.The text on the upper and lower ribbons is replaced with the name of the employee association. 2.The badge number portion displays the acronym of the employee association. (b)The likeness of the Department badge shall not be used for endorsement of political candidates. 242 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Temporary Modified-Duty Assignments - 1 Golden Valley Police Department Policy Manual Temporary Modified-Duty Assignments (Light- Duty) 1028.1 PURPOSE AND SCOPE This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, City rules, or current memorandums of understanding or collective bargaining agreements. For example, nothing in this policy affects the obligation of the Department to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability or limitation that is protected under federal or state law. Employees shall refer to the employee handbook for all reasonable accommodation policies and procedures. 1028.2 POLICY Subject to operational considerations, the Golden Valley Police Department may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the Department with a productive employee during the temporary period. 1028.3 GENERAL CONSIDERATIONS Priority consideration for temporary modified-duty assignments will be given to employees with work-related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or the Minnesota Human Rights Act (Minn. Stat. § 363A.01 et seq.) shall be treated equally, without regard to any preference for a work-related injury. No position in the Golden Valley Police Department shall be created or maintained as a temporary modified-duty assignment. Temporary modified-duty assignments are a management prerogative and not an employee right. The availability of temporary modified-duty assignments will be determined on a case-by- case basis, consistent with the operational needs of the Department. Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational needs and the employee's ability to perform in a modified-duty assignment. The Chief of Police or the authorized designee may restrict employees working in temporary modified-duty assignments from wearing a uniform, displaying a badge, carrying a firearm, operating an emergency vehicle or engaging in outside employment, or may otherwise limit them in employing their peace officer powers. Temporary modified-duty assignments shall generally not exceed a cumulative total of 1,040 hours in any one-year period. Policy 1028 243 Golden Valley Police Department Policy Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Temporary Modified-Duty Assignments - 2 1028.4 PROCEDURE Employees may request a temporary modified-duty assignment for short-term injuries or illnesses. Employees seeking a temporary modified-duty assignment should submit a written request to their Assistant Chiefs or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing: (a)An assessment of the nature and probable duration of the illness or injury. (b)The prognosis for recovery. (c)The nature and scope of limitations and/or work restrictions. (d)A statement regarding any required workplace accommodations, mobility aids or medical devices. (e)A statement that the employee can safely perform the duties of the temporary modified-duty assignment. The Assistant Chief will make a recommendation through the chain of command to the Chief of Police regarding temporary modified-duty assignments that may be available based on the needs of the Department and the limitations of the employee. The Chief of Police or the authorized designee shall confer with the Human Resources Department. 1028.5 ACCOUNTABILITY Written notification of assignments, work schedules and any restrictions should be provided to employees assigned to temporary modified-duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate department operations and the employee’s medical appointments, as mutually agreed upon with the Assistant Chief. 1028.5.1 EMPLOYEE RESPONSIBILITIES The responsibilities of employees assigned to temporary modified duty shall include, but not be limited to: (a)Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors. (b)Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. (c)Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty. (d) Submitting a written status report to the Assistant Chief that contains a status update and anticipated date of return to full-duty when a temporary modified-duty assignment extends beyond 60 days. 244 Golden Valley Police Department Policy Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Temporary Modified-Duty Assignments - 3 1028.5.2 SUPERVISOR RESPONSIBILITIES The employee’s immediate supervisor shall monitor and manage the work schedule of those assigned to temporary modified duty. The responsibilities of supervisors shall include, but not be limited to: (a)Periodically apprising the Assistant Chief of the status and performance of employees assigned to temporary modified duty. (b)Notifying the Assistant Chief and ensuring that the required documentation facilitating a return to full duty is received from the employee. (c)Ensuring that employees returning to full duty have completed any required training and certification. 1028.6 MEDICAL EXAMINATIONS Prior to returning to full-duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations. The Department may require a fitness-for-duty examination prior to returning an employee to full- duty status, in accordance with the Fitness for Duty Policy. 1028.7 PREGNANCY If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment. If notified by an employee or the employee's representative regarding limitations related to pregnancy, childbirth, or related medical conditions, the Department should make reasonable efforts to provide an accommodation for the employee in accordance with federal and state law. The accommodation should be provided without unnecessary delay, as appropriate (42 USC § 2000gg-1; 29 CFR 1636.3; 29 CFR 1636.4; Minn. Stat. § 181.939; Minn. Stat. § 363A.08). 1028.7.1 NOTIFICATION Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy-related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the City’s personnel rules and regulations regarding family and medical care leave. 1028.8 PROBATIONARY EMPLOYEES Probationary employees who are assigned to a temporary modified-duty assignment may have their probation extended by a period of time equal to their assignment to temporary modified duty. 245 Golden Valley Police Department Policy Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Temporary Modified-Duty Assignments - 4 1028.9 MAINTENANCE OF CERTIFICATION AND TRAINING Employees assigned to temporary modified duty shall maintain all certification, training and qualifications appropriate to both their regular and temporary duties, provided that the certification, training or qualifications are not in conflict with any medical limitations or restrictions. If conflicts do arise the member shall maintain certifications prior to resuming regular duties Employees who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training or qualifications. 246 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Performance History Audits - 1 Golden Valley Police Department Policy Manual Performance History Audits 1029.1 PURPOSE AND SCOPE This policy provides guidance for the use of performance history audits. Performance history audits can help identify commendable performance as well as provide early recognition of training needs and other potential issues (e.g., problematic conduct). This policy addresses the responsibilities, performance indicators, and components of the audit; handling of collected data; and conducting appropriate interventions, when necessary. 1029.2 RESPONSIBILITIES Under the authority of the Assistant Chief of Operations, the Command Staff is responsible for collecting performance indicators and other relevant data. The data will be compiled to generate quarterly performance history audit reports that will be provided to the appropriate Assistant Chief. The Command Staff will utilize confidential methods to compile and track information regarding performance indicators for each officer during each quarter in order to prepare the report. Though generated quarterly, each report should contain data from a one-year time period. The Assistant Chief of Operations should forward a copy of each performance history audit report to the City Attorney for review and retention as attorney work product and confidential personnel information. 1029.3 COMPONENTS OF PERFORMANCE HISTORY AUDITS Performance history audits should include the following components: •Performance indicators •Data analysis •Employee review •Follow-up monitoring 1029.3.1 PERFORMANCE INDICATORS Performance indicators represent the categories of employee performance activity that the Chief of Police has determined may be relevant data for the generation and analysis of performance history audits. These indicators may include but are not limited to the frequency and/or number of: (a)Use of force incidents. (b)Involvement and conduct during vehicle pursuits. (c)Personnel complaints, including the findings. (d)Commendations, compliments, and awards from the Department and the public. (e)Claims and civil suits related to the employee's actions or alleged actions. (f)Canine bite incidents. Policy 1029 247 Golden Valley Police Department Policy Manual Performance History Audits Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Performance History Audits - 2 (g) Personnel investigations. (h)Prosecuting Attorney case rejections and the reasons. (i)Intentional or unintentional firearm discharges (regardless of injury). (j)Vehicle collisions. (k)Missed court appearances. (l)Documented counseling. 1029.3.2 DATA ANALYSIS The Assistant Chief of Operations will review each performance history audit report and determine whether it should be provided to the officer's immediate supervisor for further consideration. 1029.3.3 EMPLOYEE REVIEW Upon receipt of a performance history audit report, the supervisor will carefully review the report with the officer to assess any potential trends or other issues that may warrant intervention to improve officer performance and avoid unnecessary uses of force. These interventions could include informal counseling, additional training, or a recommendation for other action, including discipline. The officer shall date and sign the report and should be provided with a copy of the report upon request. If a supervisor determines that an officer's performance warrants action beyond informal counseling, the supervisor shall advise the appropriate Assistant Chief of such recommendation. If the Assistant Chief concurs with the recommendation of the supervisor, the supervisor shall take steps to initiate the appropriate action. If discipline or other adverse action is initiated against an officer as a result of a performance history audit, the officer shall be entitled to all rights and processes set forth in the Personnel Complaints Policy. 1029.3.4 FOLLOW-UP MONITORING Depending upon the results of each performance history audit, a determination should be made by the Assistant Chief of Operations, after discussion with the officer's immediate supervisor, about the need, types, and duration of any follow-up. Performance indicators and data analysis will generally provide the basis upon which such decisions should be made. 1029.4 CONFIDENTIALITY OF DATA Information, data, and copies of material compiled to develop performance history audit reports shall be considered confidential as part of the employee's personnel file and will not be subject to discovery or release except as provided by law. Access to performance history audit reports will be governed under the same process as access to an officer's personnel file, as outlined in the Personnel Records Policy. 248 Golden Valley Police Department Policy Manual Performance History Audits Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Performance History Audits - 3 Access to the underlying data will be governed by the process for access to the original records (such as police reports). 1029.5 RETENTION Performance history audit reports and associated records shall be retained in accordance with the established records retention schedule. 1029.6 POLICY The Golden Valley Police Department collects data to assist supervisors with evaluating the performance of their employees, including identifying problematic conduct and providing for appropriate interventions. While it is understood that the statistical compilation of data may be helpful to supervisors, the Department recognizes that it cannot account for, and must carefully balance such data with, the many variables in law enforcement, such as: •Ability to detect crime. •Work ethic. •Assignment and shift. •Physical abilities (ability to perform the job-related physical tasks). •Randomness of events. 249 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Employee Speech, Expression and Social Networking - 1 Golden Valley Police Department Policy Manual Employee Speech, Expression, and Social Networking 1030.1 PURPOSE AND SCOPE This policy is intended to address issues associated with employee use of social networking sites and to provide guidelines for the regulation and balance of employee speech and expression with the needs of the Department. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, about matters of public concern such as misconduct or corruption. Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 1030.1.1 APPLICABILITY This policy applies to all forms of communication including but not limited to film, video, print media, public or private speech, use of all Internet services, including the World Wide Web, e- mail, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, wikis, video and other file sharing sites. 1030.2 POLICY Because public employees occupy a trusted position in the community, their statements have the potential to contravene the policies and performance of this department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that employees of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public the Golden Valley Police Department will carefully balance the individual employee's rights against the organization's needs and interests when exercising a reasonable degree of control over its employees' speech and expression. 1030.3 SAFETY Employees should carefully consider the implications of their speech or any other form of expression when using the Internet. Speech and expression that may negatively affect the safety of Golden Valley Police Department employees such as posting personal information in a public forum can result in compromising an employee’s home address or family ties. Employees should therefore not disseminate or post any information on any forum or medium that could reasonably be expected to compromise the safety of any employee, employee's family or associates or persons that this agency has had professional contact with such as crime victims or staff of Policy 1030 250 Golden Valley Police Department Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Employee Speech, Expression and Social Networking - 2 other organizations. Examples of the type of information that could reasonably be expected to compromise safety include: •Disclosing a photograph and name or address of an employee. •Disclosing the address, telephone number or email address of an employee. •Otherwise disclosing where another employee can be located off-duty. 1030.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT To meet the organization's safety, performance and public-trust needs the following are prohibited unless the speech is otherwise protected (for example an employee speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, on a matter of public concern): (a) Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Golden Valley Police Department or its employees. (b) Speech or expression that, while not made pursuant to an official duty, is significantly linked to or related to the Golden Valley Police Department and tends to compromise or damage the mission, function, reputation or professionalism of the Golden Valley Police Department or its employees. Examples may include: 1.Statements that indicate disregard for the law or the state or U.S. Constitution. 2.Statements that are discriminatory or hate speech. 3.Expression that demonstrates support for criminal activity. 4.Participating in sexually explicit photographs or videos for compensation or distribution. (c)Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the employee as a witness. For example posting statements or expressions to a website that glorify or endorse dishonesty or illegal behavior. (d)Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the employees of the Department. For example a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen to jeopardize employees by informing criminals of details that could facilitate an escape or attempted escape. (e) Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by the Golden Valley Police Department. (f)Use or disclosure, through whatever means, of any not public data, photograph, video or other recording obtained or accessible as a result of employment with the Department for financial or personal gain or data classified as not public by state or federal law or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee. 251 Golden Valley Police Department Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Employee Speech, Expression and Social Networking - 3 (g)Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the Golden Valley Police Department on any personal or social networking or other website or web page without the express authorization of the Chief of Police. (h)Accessing websites for non-authorized purposes or use of any personal communication device, game device or media device, whether personally or department-owned, for personal purposes while on-duty except in the following circumstances: 1.When brief personal communications may be warranted by the circumstances (e.g., inform family of extended hours). 2.During authorized breaks; such usage should be limited as much as practicable to areas out of sight and sound of the public and shall not be disruptive to the work environment. Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website). 1030.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS While employees are not restricted from engaging in the following activities as private citizens or as authorized members of a recognized bargaining unit or officer associations, employees may not represent the Golden Valley Police Department or identify themselves in any way that could be reasonably perceived as representing the Golden Valley Police Department in order to do any of the following, unless specifically authorized by the Chief of Police: (a)Endorse, support, oppose or contradict any political campaign or initiative. (b)Endorse, support, oppose or contradict any social issue, cause or religion. (c)Endorse, support, or oppose any product, service, company or other commercial entity. (d)Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or any website. Additionally, when it can reasonably be construed that an employee acting in his/her individual capacity or through an outside group or organization (e.g. bargaining group) is affiliated with this department, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the Golden Valley Police Department. Employees retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of a recognized bargaining unit or officer associations, on political subjects and candidates at all times while off- duty. However employees may not use their official authority or influence to interfere with or affect the result of an election, appointment, or a nomination for office. Employees are also prohibited 252 Golden Valley Police Department Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Employee Speech, Expression and Social Networking - 4 from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502). 1030.5 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to e-mails, texts, or anything published or maintained through file-sharing software or any Internet site (e.g., Facebook, MySpace) that is accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 1030.6 CONSIDERATIONS In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Chief of Police or authorized designee should consider include: (a)Whether the speech or conduct would negatively affect the efficiency of delivering public services. (b) Whether the speech or conduct would be contrary to the good order of the Department or the efficiency or morale of its members. (c)Whether the speech or conduct would reflect unfavorably upon the Department. (d) Whether the speech or conduct would negatively affect the member’s appearance of impartiality in the performance of his/her duties. (e)Whether similar speech or conduct has been previously authorized. (f)Whether the speech or conduct may be protected and outweighs any interest of the Department. 1030.7 TRAINING Subject to available resources the Department should provide training regarding employee speech and the use of social networking to all members of the Department. 253 Policy 1031 Golden Valley Police Department Policy Manual Published with permission by Golden Valley Police Department POST Licensing 1031.1 PURPOSE AND SCOPE Maintaining a valid POST license is a critical element of an officer’s ability to continue their employment and is their sole professional responsibility. Every officer and every part-time officer is required to complete the continuing education requirements to maintain a valid license every three years (Minn. R. § 6700.0900; Minn. R. 6700.1000). 1031.2 RENEWAL SCHEDULE Any officer whose license expires is not authorized to work as a peace officer until the license status is valid. Officers renew their POST licenses according to a schedule established by Administrative Rule (Minn. R. 6700.1000). 1031.2.1 LICENSE RENEWAL CREDITS A peace officer license may be renewed only upon the licensee or the licensee's appointing authority providing the POST board proof the licensee has successfully completed board- approved continuing education and posting of fees on or before June 30 of the year a license is due for renewal. Licensee required hours of continuing credit are (Minn. R. 6700.1000, Subd. 3): •16 hours for a peace officer approved mandatory learning objectives or a part-time peace officer who has been licensed for at least six months but less than 18 months. •32 hours for a peace officer or a part-time peace officer who has been licensed for at least 18 months but less than 30 months. •48 hours for a peace officer or a part-time peace officer who has been licensed for at least 30 months. 1031.3 INACTIVE LICENSE Officers who fail to complete the requirements will have their license placed in the “Inactive” status. The employee may then be placed in a temporary administrative assignment until their license is “Valid”. Those employees may also face administrative discipline up to and including termination. Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. ***DRAFT*** POST Licensing - 1 254 Policy 1032 Golden Valley Police Department Policy Manual Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Workplace Accident and Injury Reduction - 1 Workplace Accident and Injury Reduction 1032.1 PURPOSE AND SCOPE The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for members of the Golden Valley Police Department, in accordance with the requirements of Minn. Stat. § 182.653. This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, it may be supplemented by procedures outside the Policy Manual. This policy does not supersede but supplements any related Citywide safety efforts. 1032.2 POLICY The Golden Valley Police Department is committed to providing a safe environment for its members and visitors and to minimizing the incidence of work-related illness and injuries. The Department will participate in the City-wide Workplace Accident and Injury Reduction (AWAIR) program and will provide tools, training and safeguards designed to reduce the potential for accidents, illness and injuries. It is the intent of the Department to comply with all laws and regulations related to occupational safety. 1032.3 A WORKPLACE ACCIDENT AND INJURY REDUCTION PROGRAM The Assistant Police Chief—Operations responsible for developing an AWAIR program that shall include: (a)Workplace safety and health training programs. (b)Regularly scheduled safety meetings. (c)Posted or distributed safety information. (d)A system for members to make good-faith complaints to management about workplace hazards. (e)Participate in the City’s safety committee. 255 Golden Valley Police Department Policy Manual Workplace Accident and Injury Reduction Published with permission by Golden Valley Police Department (f)Follow the City’s process to ensure illnesses and injuries are reported as required under Minnesota Occupational Safety and Health Administration (MNOSHA) (29 CFR 1904.39; Minn. Stat. § 182.674; Minn. R. 5205.0010). (g)Descriptions of the following (Minn. Stat. § 182.653): 1.How managers, supervisors and members are responsible for implementing the program and how continued participation of management will be established, measured and maintained 2.The methods used to identify, analyze and control new or existing hazards, conditions and operations 3.How the plan will be communicated to all affected members so that they are informed of work-related hazards and controls 4.How workplace accidents will be investigated and corrective action implemented 5.How safe work practices and rules will be enforced The Assistant Chief of Operations must conduct and document a review of the AWAIR program at least annually and document how the program procedures are applied (Minn. Stat. §182.653). 1032.4 ASSISTANT CHIEF OF OPERATIONS RESPONSIBILITIES The responsibilities of the Assistant Chief of Operations include but are not limited to: (a)Managing and implementing a plan to reduce the incidence of member illness and injury. (b) Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and members. This system shall include: 1.New member orientation that includes a discussion of safety and health policies and procedures. 2.Regular member review of the AWAIR program. (c)Ensuring that all safety and health policies and procedures are clearly communicated and understood by all members. (d) Taking reasonable steps to ensure that all members comply with safety rules in order to maintain a safe work environment. This includes but is not limited to: 1.Informing members of the AWAIR guidelines. 2.Recognizing members who perform safe work practices. 3. Ensuring that the member evaluation process includes member safety performance. 4.Ensuring department compliance to meet standards regarding the following: (a) Bloodborne pathogen precautions (29 CFR 1910.1030; Minn. Stat. § 182.6555; Minn. R. 5206.0600) (b) Personal Protective Equipment (PPE) (see the Personal Protective Equipment Policy) (29 CFR 1910.134; Minn. R. 5205.0010)256 Golden Valley Police Department Policy Manual Workplace Accident and Injury Reduction Published with permission by Golden Valley Police Department (c)Appropriate barriers in law enforcement vehicles (Minn. R. 5205.0755) (d)Emergency Action Plan (29 CFR 1910.38(a); Minn. R. 5205.0010) (e)Walk-Working Surfaces (Minn. R. 5205.0010; 29 CFR 1910.21 et seq.) (f)Personal Fall Protection Systems (Minn. R. 5205.0010; 29 CFR 1910.140) (e)Making available a form to document inspections, unsafe conditions, or work practices, and actions taken to correct unsafe conditions and work practices. (f)Making available a form to document individual incidents or accidents. (g) Making available a form to document the safety and health training of each member. This form will include the member’s name or other identifier, training dates, type of training, and training providers. (h) Conducting and documenting a regular review of the illness and injury prevention plan. 1032.5 SUPERVISOR RESPONSIBILITIES Supervisor responsibilities include, but are not limited to: (a) Ensuring member compliance with AWAIR guidelines and answering questions from members about this policy. (b)Training, counseling, instructing or making informal verbal admonishments any time safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Standards of Conduct Policy. (c)Establishing and maintaining communication with members on health and safety issues. This is essential for an injury-free, productive workplace. (d)Completing required forms and reports relating to illness and injury prevention; such forms and reports shall be submitted to the Assistant Chief of Operations. (e)Notifying the Assistant Chief of Operations when: 1.New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment. 2.New, previously unidentified hazards are recognized. 3.Occupational illnesses and injuries occur. 4.New and/or permanent or intermittent members are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted. 5.Workplace conditions warrant an inspection. 1032.6 HAZARDS All members should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Members should make their reports to a supervisor (as a general rule, their own supervisors). Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner, based on the severity of the hazard. These hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering members or property, supervisors should protect or remove all exposed members from the area or item, except those necessary to correct the existing 257 Golden Valley Police Department Policy Manual Workplace Accident and Injury Reduction Published with permission by Golden Valley Police Department condition. Members who are necessary to correct the hazardous condition shall be provided with the necessary protection. All significant actions taken and dates they are completed shall be documented on the appropriate form. This form should be forwarded to the Assistant Chief of Operations via the chain of command. The Assistant Chief of Operations will take appropriate action to ensure the AWAIR program addresses potential hazards upon such notification. 1032.7 INSPECTIONS Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment. The Assistant Chief of Operations shall ensure that the appropriate documentation is completed for each inspection. 1032.7.1 EQUIPMENT Members are charged with daily vehicle inspections of their assigned vehicles and of their PPE prior to working in the field. Members shall complete the appropriate form if an unsafe condition cannot be immediately corrected. Members should forward this form to their supervisors. 1032.7.2 FREQUENCY OF INSPECTIONS Safety inspections shall be conducted by the safety and health committee at a frequency decided by the committee, but at least quarterly (Minn. R. 5208.0040). 1032.8 INVESTIGATIONS Any member sustaining any work-related illness or injury, as well as any member who is involved in any accident or hazardous substance exposure while on-duty shall report such event as soon as practicable to a supervisor. Members observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors. A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include: (a)A visit to the accident scene as soon as possible. (b)An interview of the injured member and witnesses. (c)An examination of the workplace for factors associated with the accident/exposure. (d)Determination of the cause of the accident/exposure. (e)Corrective action to prevent the accident/exposure from reoccurring. (f)Documentation of the findings and corrective actions taken. Additionally, the supervisor should proceed with the steps to report an on-duty injury, as required under the Occupational Disease, Personal Injury and Death Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting. 258 Golden Valley Police Department Policy Manual Workplace Accident and Injury Reduction Published with permission by Golden Valley Police Department 1032.9 TRAINING The Assistant Chief of Operations should work with the assigned Training Sergeant to provide all members, including supervisors, with training on general and job-specific workplace safety and health practices. Training shall be provided: (a) To supervisors to familiarize them with the safety and health hazards to which members under their immediate direction and control may be exposed. (b)To all members with respect to hazards specific to each member’s job assignment. (c)To all members given new job assignments for which training has not previously been provided. (d)Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard. (e) Whenever the Department is made aware of a new or previously unrecognized hazard. (f)Annually for training related to infectious agents and hazardous substances as required by MNOSHA (Minn. Stat. § 182.653). 1032.9.1 TRAINING TOPICS The assigned Training Sergeant shall ensure that training includes: (a)Reporting unsafe conditions, work practices and injuries, and informing a supervisor when additional instruction is needed. (b)Use of appropriate clothing, including gloves and footwear. (c)Use of respiratory equipment. (d)Availability of toilet, hand-washing and drinking-water facilities. (e)Provisions for medical services and first aid. (f)Handling of bloodborne pathogens and other biological hazards. (g)Prevention of heat and cold stress. (h)Identification and handling of hazardous materials, including chemical hazards to which members could be exposed, and review of resources for identifying and mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)). (i)Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and non-ionizing radiation. (j)Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods. (k)Back exercises/stretches and proper lifting techniques. (l)Avoidance of slips and falls. (m)Good housekeeping and fire prevention. (n)Other job-specific safety concerns. 1032.10 RECORDS Records and training documentation relating to the AWAIR program will be maintained in accordance with the established records retention schedule. 259 Golden Valley Police Department Policy Manual Workplace Accident and Injury Reduction Published with permission by Golden Valley Police Department All safety and health committee recommendations and reports shall be kept for two years. The reports shall be made available to the Minnesota Department of Labor and Industry upon request (Minn. R. 5208.0050). Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. ***DRAFT*** Workplace Accident and Injury Reduction - 7 260 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 1 Golden Valley Police Department Policy Manual Line-of-Duty Deaths 1033.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of the Golden Valley Police Department in the event of the death of a member occurring in the line of duty and to direct the Department in providing proper support for the member's survivors. The Chief of Police may also apply some or all of this policy for a non-line-of-duty member death, or in situations where members are injured in the line of duty and the injuries are life-threatening. 1033.1.1 DEFINITIONS Definitions related to this policy include: Line-of-duty death - The death of an officer during the course of performing law enforcement- related functions while on- or off-duty, or a non-sworn member during the course of performing assigned duties. For an officer, a line-of-duty death includes death that is the direct and proximate result of a personal injury sustained in the line of duty (34 USC § 10281). Survivors - Immediate family members of the deceased member, which can include spouse, children, parents, other next of kin, or significant others. The determination of who should be considered a survivor for purposes of this policy should be made on a case-by-case basis given the individual's relationship with the member and whether the individual was previously designated by the deceased member. 1033.2 POLICY It is the policy of the Golden Valley Police Department to make appropriate notifications and to provide assistance and support to survivors and coworkers of a member who dies in the line of duty. It is also the policy of this department to respect the requests of the survivors when they conflict with these guidelines, as appropriate. 1033.3 INITIAL ACTIONS BY COMMAND STAFF (a)Upon learning of a line-of-duty death, the deceased member’s supervisor should provide all reasonably available information to the Shift Sergeant and Dispatch. 1.Communication of information concerning the member and the incident should be restricted to secure networks to avoid interception by the media or others (see the Public Information Liaison section of this policy). (b) The Shift Sergeant should ensure that notifications are made in accordance with the Officer-Involved Shootings and Deaths and Major Incident Notification policies as applicable. Policy 1033 261 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 2 (c)If the member has been transported to the hospital, the Shift Sergeant or the authorized designee should respond to the hospital to assume temporary responsibilities as the Hospital Liaison. (d)The Chief of Police or the authorized designee should assign members to handle survivor notifications and assign members to the roles of Hospital Liaison (to relieve the temporary Hospital Liaison) and the Department Liaison as soon as practicable (see the Notifying Survivors section and the Department Liaison and Hospital Liaison subsections in this policy). 1033.4 NOTIFYING SURVIVORS Survivors should be notified as soon as possible in order to avoid the survivors hearing about the incident in other ways. The Chief of Police or the authorized designee should review the deceased member's emergency contact information and make accommodations to respect the member's wishes and instructions specific to notifying survivors. However, notification should not be excessively delayed because of attempts to assemble a notification team in accordance with the member's wishes. The Chief of Police, Shift Sergeant, or the authorized designee should select at least two members to conduct notification of survivors, one of which may be the Department chaplain. Notifying members should: (a)Make notifications in a direct and compassionate manner, communicating as many facts of the incident as possible, including the current location of the member. Information that is not verified should not be provided until an investigation has been completed. (b) Determine the method of notifying surviving children by consulting with other survivors and taking into account factors such as the child's age, maturity, and current location (e.g., small children at home, children in school). (c)Plan for concerns such as known health concerns of survivors or language barriers. (d)Offer to transport survivors to the hospital, if appropriate. Survivors should be transported in department vehicles. Notifying members shall inform the Hospital Liaison over a secure network that the survivors are on their way to the hospital. Notifying members should remain at the hospital while the survivors are present. (e)When survivors are not at their residences or known places of employment, actively seek information and follow leads from neighbors, other law enforcement, postal authorities, and other sources of information in order to accomplish notification in as timely a fashion as possible. Notifying members shall not disclose the reason for their contact other than a family emergency. (f)If making notification at a survivor's workplace, ask a workplace supervisor for the use of a quiet, private room to meet with the survivor. Members shall not inform the workplace supervisor of the purpose of their visit other than to indicate that it is a family emergency. 262 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 3 (g)Offer to call other survivors, friends, or clergy to support the survivors and to avoid leaving survivors alone after notification. (h)Assist the survivors with meeting child care or other immediate needs. (i)Provide other assistance to survivors and take reasonable measures to accommodate their needs, wishes, and desires. Care should be taken not to make promises or commitments to survivors that cannot be met. (j)Inform the survivors of the name and phone number of the Survivor Support Liaison (see the Survivor Support Liaison section of this policy), if known, and the Department Liaison. (k)Provide their contact information to the survivors before departing. (l)Document the survivors' names and contact information, as well as the time and location of notification. This information should be forwarded to the Department Liaison. (m)Inform the Chief of Police or the authorized designee once survivor notifications have been made so that other Golden Valley Police Department members may be apprised that survivor notifications are complete. 1033.4.1 OUT-OF-AREA NOTIFICATIONS The Department Liaison should request assistance from law enforcement agencies in appropriate jurisdictions for in-person notification to survivors who are out of the area. (a)The Department Liaison should contact the appropriate jurisdiction using a secure network and provide the assisting agency with the name and telephone number of the department member that the survivors can call for more information following the notification by the assisting agency. (b)The Department Liaison may assist in making transportation arrangements for the member's survivors, but will not obligate the Department to pay travel expenses without the authorization of the Chief of Police. 1033.5 NOTIFYING DEPARTMENT MEMBERS Supervisors or members designated by the Chief of Police are responsible for notifying department members of the line-of-duty death as soon as possible after the survivor notification is made. Notifications and related information should be communicated in person or using secure networks and should not be transmitted over the radio. Notifications should be made in person and as promptly as possible to all members on-duty at the time of the incident. Members reporting for subsequent shifts within a short amount of time should be notified in person at the beginning of their shifts. Members reporting for duty from their residences should be instructed to contact their supervisors as soon as practicable. Those members who are working later shifts or are on days off should be notified by phone as soon as practicable. 263 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 4 Members having a close bond with the deceased member should be notified of the incident in person. Supervisors should consider assistance (e.g., peer support, modifying work schedules, approving sick leave) for members who are especially affected by the incident. Supervisors should direct members not to disclose any information outside the Department regarding the deceased member or the incident. 1033.6 LIAISONS AND COORDINATORS The Chief of Police or the authorized designee should select members to serve as liaisons and coordinators to handle responsibilities related to a line-of-duty death, including but not limited to: (a) Department Liaison. (b)Hospital Liaison. (c)Survivor Support Liaison. (d)Wellness Support Liaison. (e) Funeral Liaison. (f)Mutual aid coordinator. (g) Benefits Liaison. (h) Finance coordinator. (i)Public Information Liaison Liaisons and coordinators will be directed by the Department Liaison and should be given sufficient duty time to complete their assignments. Members may be assigned responsibilities of more than one liaison or coordinator position depending on available department resources. The Department Liaison may assign separate liaisons and coordinators to accommodate multiple family units, if needed. The Department should consider seeking assistance from surrounding law enforcement agencies to fill liaison and coordinator positions, as appropriate. 1033.6.1 DEPARTMENT LIAISON The Department Liaison should be an Assistant Chief or of sufficient rank to effectively coordinate department resources and should serve as a facilitator between the deceased member's survivors and the Department. The Department Liaison reports directly to the Chief of Police. The Department Liaison's responsibilities include but are not limited to: (a)Directing the other liaisons and coordinators in fulfilling survivors' needs and requests. Consideration should be given to organizing the effort using the National Incident Management System. (b) Establishing contact with survivors within 24 hours of the incident and providing them contact information. (c)Advising survivors of the other liaison and coordinator positions and their roles and responsibilities. 264 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 5 (d) Identifying locations that will accommodate a law enforcement funeral and presenting the options to the appropriate survivors, who will select the location. (e)Coordinating all official law enforcement notifications and arrangements. (f)Making necessary contacts for authorization to display flags at half-staff. (g) Reminding department members of appropriate information-sharing restrictions regarding the release of information that could undermine future legal proceedings. (h) Coordinating security checks of the member's residence as necessary and reasonable. (i)Serving as a liaison with visiting law enforcement agencies during memorial and funeral services. 1033.6.2 HOSPITAL LIAISON The Hospital Liaison should work with hospital personnel to: (a)Establish a command post or incident command system, as appropriate, to facilitate management of the situation and its impact on hospital operations (e.g., influx of people, parking). (b)Arrange for appropriate and separate waiting areas for: 1.The survivors and others whose presence is requested by the survivors. 2.Department members and friends of the deceased member. 3. Media personnel. (c)Ensure, as practicable, that any suspects who are in the hospital and their families or friends are not in proximity to the member's survivors or Golden Valley Police Department members (except for members who may be guarding a suspect). (d)Arrange for survivors to receive timely updates regarding the member before information is released to others. (e)Arrange for survivors to have private time with the member, if requested. 1. The Hospital Liaison or hospital personnel may need to explain the condition of the member to the survivors to prepare them accordingly. 2. The Hospital Liaison should accompany the survivors into the room, if requested. (f)Stay with survivors and provide them with other assistance as needed at the hospital. (g)If applicable, explain to the survivors why an autopsy may be needed. (h)Make arrangements for hospital bills to be directed to the Department, that the survivors are not asked to sign as guarantor of payment for any hospital treatment, and that the member's residence address, insurance information, and next of kin are not included on hospital paperwork. Other responsibilities of the Hospital Liaison include but are not limited to: •Arranging transportation for the survivors back to their residence. 265 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 6 •Working with investigators to gather and preserve the deceased member's equipment and other items that may be of evidentiary value. •Documenting their actions at the conclusion of duties. 1033.6.3 SURVIVOR SUPPORT LIAISON The Survivor Support Liaison should work with the Department Liaison to fulfill the immediate needs and requests of the survivors of any member who has died in the line of duty and serve as the long-term department contact for survivors. The Survivor Support Liaison should be selected by the deceased member's Assistant Chief. The following should be considered when selecting the Survivor Support Liaison: •The liaison should be an individual the survivors know and with whom they are comfortable working. •The selection may be made from names recommended by the deceased member's supervisor and/or coworkers. The deceased member's partner or close friends may not be the best selections for this assignment because the emotional connection to the member or survivors may impair their ability to conduct adequate liaison duties. •The liaison must be willing to assume the assignment with an understanding of the emotional and time demands involved. The responsibilities of the Survivor Support Liaison include but are not limited to: (a) Arranging for transportation of survivors to hospitals, places of worship, funeral homes, and other locations, as appropriate. (b) Communicating with the Department Liaison regarding appropriate security measures for the family residence, as needed. (c)If requested by the survivors, providing assistance with instituting methods of screening telephone calls made to their residence after the incident. (d)Providing assistance with travel and lodging arrangements for out-of-town survivors. (e)Returning the deceased member's personal effects from the Department and the hospital to the survivors. The following should be considered when returning the personal effects: 1.Items should not be delivered to the survivors until they are ready to receive the items. 2.Items not retained as evidence should be delivered in a clean, unmarked box. 3.All clothing not retained as evidence should be cleaned and made presentable (e.g., items should be free of blood or other signs of the incident). 4.The return of some personal effects may be delayed due to ongoing investigations. (f)Assisting with the return of department-issued equipment that may be at the deceased member's residence. 266 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 7 1.Unless there are safety concerns, the return of the equipment should take place after the funeral at a time and in a manner considerate of the survivors' wishes. (g)Working with the Wellness Support Liaison for survivors to have access to available counseling services. (h)Coordinating with the department's Public Information Liaison to brief the survivors on pending press releases related to the incident and to assist the survivors with media relations in accordance with their wishes (see the Public Information Liaison section of this policy). (i) Briefing survivors on investigative processes related to the line-of-duty death, such as criminal, internal, and administrative investigations. (j)Informing survivors of any related criminal proceedings and accompanying them to such proceedings. (k)Introducing survivors to prosecutors, victim's assistance personnel, and other involved personnel as appropriate. (l)Maintaining long-term contact with survivors and taking measures to sustain a supportive relationship (e.g., follow-up visits, phone calls, cards on special occasions, special support during holidays). (m)Inviting survivors to department activities, memorial services (e.g., as applicable, the Annual Candlelight Vigil at the National Law Enforcement Officers Memorial), or other functions as appropriate. Survivor Support Liaisons providing services after an incident resulting in multiple members being killed should coordinate with and support each other through conference calls or meetings as necessary. The Department recognizes that the duties of a Survivor Support Liaison will often affect regular assignments over many years, and is committed to supporting members in the assignment. If needed, the Survivor Support Liaison should be issued a personal communication device (PCD) owned by the Department to facilitate communications necessary to the assignment. The department-issued PCD shall be used in accordance with the Personal Communication Devices Policy. 1033.6.4 WELLNESS SUPPORT LIAISON The Wellness Support Liaison should work with the department wellness coordinator or the authorized designee and other liaisons and coordinators to make wellness support and counseling services available to members and survivors who are impacted by a line-of-duty death. The responsibilities of the Wellness Support Liaison include but are not limited to: (a) Identifying members who are likely to be significantly affected by the incident and may have an increased need for wellness support and counseling services, including: 1.Members involved in the incident. 2.Members who witnessed the incident. 267 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 8 3. Members who worked closely with the deceased member but were not involved in the incident. (b) Making arrangements for members who were involved in or witnessed the incident to be relieved of department responsibilities until they can receive wellness support. (c) Making wellness support and counseling resources (e.g., peer support, Critical Incident Stress Debriefing) available to members as soon as reasonably practicable following the line-of-duty death. (d) Coordinating with the Survivor Support Liaison to inform survivors of available wellness support and counseling services and assisting with arrangements as needed. (e) Following up with members and the Survivor Support Liaison in the months following the incident to determine if additional wellness support or counseling services are needed. 1033.6.5 FUNERAL LIAISON The Funeral Liaison should work with the Department Liaison, Survivor Support Liaison, and survivors to coordinate funeral arrangements to the extent the survivors wish. The Funeral Liaison's responsibilities include but are not limited to: (a) Assisting survivors in working with the funeral director regarding funeral arrangements and briefing them on law enforcement funeral procedures. (b) Completing funeral notification to other law enforcement agencies. (c) Coordinating the funeral activities of the Department, including but not limited to the following: 1. Honor Guard (a) Casket watch (b) Color guard (c) Pallbearers (d) Bell/rifle salute 2. Bagpipers/bugler 3. Uniform for burial 4. Flag presentation 5. Last radio call (d) Briefing the Chief of Police and command staff concerning funeral arrangements. (e) Assigning an officer to remain at the family home during the viewing and funeral. (f) Arranging for transportation of the survivors to and from the funeral home and interment site using department vehicles and drivers. (g) Addressing event-related logistical matters (e.g., parking, visitor overflow, public assembly areas). 268 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 9 1033.6.6 MUTUAL AID COORDINATOR The mutual aid coordinator should work with the Department Liaison and the Funeral Liaison to request and coordinate any assistance from outside law enforcement agencies needed for, but not limited to: (a)Traffic control during the deceased member's funeral. (b)Area coverage so that as many Golden Valley Police Department members can attend funeral services as possible. The mutual aid coordinator should perform duties in accordance with the Outside Agency Assistance Policy. Where practicable, the Chief of Police should appoint a mutual aid coordinator to identify external resources in advance of any need (e.g., regional honor guard teams, county- or state-wide resources). 1033.6.7 BENEFITS LIAISON The Benefits Liaison should provide survivors with information concerning available benefits and will assist them in applying for benefits. Responsibilities of the Benefits Liaison include but are not limited to: (a)Confirming the filing of workers' compensation claims and related paperwork (see the Occupational Disease, Personal Injury and Death Reporting Policy). (b) Researching and assisting survivors with application for federal government survivor benefits, such as those offered through the following: 1.Public Safety Officers' Benefits Program, including financial assistance available through the Public Safety Officers' Educational Assistance (PSOEA) Program, as applicable (34 USC § 10281 et seq.). 2.Social Security Administration. 3.Department of Veterans Affairs. (c)Researching and assisting survivors with application for state and local government survivor benefits. 1.Survivor benefits (Minn. Stat. § 353.657). 2.Disability survivor benefits (Minn. Stat. § 353.656). 3.Continued health insurance coverage benefit (Minn. Stat. § 299A.465). 4.Death benefit (Minn. Stat. § 299A.44). 5.Education benefit (Minn. Stat. § 299A.45). (d)Researching and assisting survivors with application for other survivor benefits such as: 1.Private foundation survivor benefits programs. 2.Survivor scholarship programs. 269 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 10 (e) Researching and informing survivors of support programs sponsored by police associations and other organizations. (f)Documenting and informing survivors of inquiries and interest regarding public donations to the survivors. 1.If requested, working with the finance coordinator to assist survivors with establishing a process for the receipt of public donations. (g)Providing survivors with a summary of the nature and amount of benefits applied for, including the name of a contact person at each benefit office. Printed copies of the summary and benefit application documentation should be provided to affected survivors. (h)Maintaining contact with the survivors and assisting with subsequent benefit questions and processes as needed. 1033.6.8 FINANCE COORDINATOR The finance coordinator should work with the Chief of Police and the Department Liaison to manage financial matters related to the line-of-duty death. The finance coordinator’s responsibilities include, but are not limited to: (a)Establishing methods for purchasing and monitoring costs related to the incident. (b)Providing information on finance-related issues, such as: 1.Paying survivors’ travel costs if authorized. 2.Transportation costs for the deceased. 3.Funeral and memorial costs. 4.Related funding or accounting questions and issues. (c)Working with the Benefits Liaison to establish a process for the receipt of public donations to the deceased member’s survivors. (d)Providing accounting and cost information as needed. 1033.7 PUBLIC INFORMATION LIAISON The Chief of Police or their designee shall serve as the Public Information Liaison, who should be the department's contact point for the media. As such, the Public Information Liaison should coordinate with the Department Liaison to: (a)Collect and maintain the most current incident information and determine what information should be released. (b)Instruct department members to direct any media inquiries to the Public Information Liaison. (c)Prepare necessary press releases. 1. Coordinate with the City’s Communications Department and other entities having media roles (e.g., outside agencies involved in the investigation or incident). 270 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 11 2.Disseminate important public information, such as information on how the public can show support for the department and deceased member's survivors. (d)Arrange for community and media briefings by the Chief of Police or the authorized designee as appropriate. (e)Respond, or coordinate the response, to media inquiries. (f)If requested, assist the member's survivors with media inquiries. 1.Brief the survivors on handling sensitive issues such as the types of questions that reasonably could jeopardize future legal proceedings. (g)Release information regarding memorial services and funeral arrangements to department members, other agencies, and the media as appropriate. (h)If desired by the survivors, arrange for the recording of memorial and funeral services via photos and/or video. The identity of deceased members should be withheld until the member's survivors have been notified. If the media have obtained identifying information for the deceased member prior to survivor notification, the Public Information Liaison should request that the media withhold the information from release until proper notification can be made to survivors. The Public Information Liaison should notify media when survivor notifications have been made. 1033.8 DEPARTMENT CHAPLAIN The Department chaplain may serve a significant role in line-of-duty deaths. Chaplain duties may include but are not limited to: •Assisting with survivor notifications and assisting the survivors with counseling, emotional support, or other matters, as appropriate. •Assisting liaisons and coordinators with their assignments, as appropriate. •Assisting department members with counseling or emotional support, as requested and appropriate. Further information on the potential roles and responsibilities of the chaplain is in the Chaplains Policy. 1033.9 INVESTIGATION OF THE INCIDENT The Chief of Police shall make necessary assignments to conduct thorough investigations of any line-of-duty death and may choose to use the investigation process outlined in the Officer- Involved Shootings and Deaths Policy. Investigators from other agencies may be assigned to work on any criminal investigation related to line-of-duty deaths. Partners, close friends, or personnel who worked closely with the deceased member should not have any investigative responsibilities because such relationships may impair the objectivity required for an impartial investigation of the incident. Involved department members should be kept informed of the progress of the investigations and provide investigators with any information that may be pertinent to the investigations. 271 Golden Valley Police Department Policy Manual Line-of-Duty Deaths Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Line-of-Duty Deaths - 12 1033.10 LINE-OF-DUTY DEATH OF A LAW ENFORCEMENT ANIMAL The Chief of Police may authorize appropriate memorial and funeral services for law enforcement animals killed in the line of duty. 1033.11 NON-LINE-OF-DUTY DEATH The Chief of Police may authorize certain support services for the death of a member not occurring in the line of duty. 272 Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Wellness Program - 1 Golden Valley Police Department Policy Manual Wellness Program 1034.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance on establishing and maintaining a proactive wellness program for department members. The wellness program is intended to be a holistic approach to a member's well-being and encompasses aspects such as physical fitness, mental health, and overall wellness. Additional information on member wellness is provided in the: •Chaplains Policy. •Line-of-Duty Deaths Policy. •Drug- and Alcohol-Free Workplace Policy. 1034.1.1 DEFINITIONS Definitions related to this policy include: Critical incident – An event or situation that may cause a strong emotional, cognitive, or physical reaction that has the potential to interfere with daily life. Critical Incident Stress Debriefing (CISD) – A standardized approach using a discussion format to provide education, support, and emotional release opportunities for members involved in work- related critical incidents. Peer support – Mental and emotional wellness support provided by peers trained to help members cope with critical incidents and certain personal or professional problems. 1034.2 POLICY It is the policy of the Golden Valley Police Department to prioritize member wellness to foster fitness for duty and support a healthy quality of life for department members. The Department will maintain a wellness program that supports its members with proactive wellness resources, critical incident response, and follow-up support. 1034.3 WELLNESS COORDINATOR The Assistant Chief of Operations shall act as the wellness coordinator. The coordinator should report directly to the Chief of Police or the authorized designee and should collaborate with advisers (e.g., Department of Human Resources, legal counsel, licensed psychotherapist, qualified health professionals), as appropriate, to fulfill the responsibilities of the position, including but not limited to: (a) Identifying wellness support providers (e.g., licensed psychotherapists, external peer support providers, physical therapists, dietitians, physical fitness trainers holding accredited certifications). 1.As appropriate, selected providers should be trained and experienced in providing mental wellness support and counseling to public safety personnel. Policy 1034 273 Golden Valley Police Department Policy Manual Wellness Program Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Wellness Program - 2 2.When practicable, the Department should not use the same licensed psychotherapist for both member wellness support and fitness for duty evaluations. (b)Developing management and operational procedures for department peer support members, such as: 1.Peer support member selection and retention. 2.Training and applicable certification requirements. 3.Deployment. 4. Managing potential conflicts between peer support members and those seeking service. 5. Monitoring and mitigating peer support member emotional fatigue (i.e., compassion fatigue) associated with providing peer support. 6.Using qualified peer support personnel from other public safety agencies or outside organizations for department peer support, as appropriate. (c)Verifying members have reasonable access to peer support or licensed psychotherapist support. (d)Establishing procedures for CISDs, including: 1.Defining the types of incidents that may initiate debriefings. 2.Steps for organizing debriefings. (e)Facilitating the delivery of wellness information, training, and support through various methods appropriate for the situation (e.g., phone hotlines, electronic applications). (f)Ensuring member compliance with the Department’s Check-up for the Neck up Program. (g)Verifying a confidential, appropriate, and timely Employee Assistance Program (EAP) is available for members. This also includes: 1.Obtaining a written description of the program services. 2.Providing for the methods to obtain program services. 3.Providing referrals to the EAP for appropriate diagnosis, treatment, and follow- up resources. 4.Obtaining written procedures and guidelines for referrals to, or mandatory participation in, the program. 5.Obtaining training for supervisors in their role and responsibilities, and identification of member behaviors that would indicate the existence of member concerns, problems, or issues that could impact member job performance. (h)Assisting members who have become disabled with application for federal government benefits such as those offered through the Public Safety Officers' Benefits Program (34 USC § 10281 et seq.). 1.The coordinator should work with appropriate Department liaisons to assist qualified members and survivors with benefits, wellness support, and counseling 274 Golden Valley Police Department Policy Manual Wellness Program Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Wellness Program - 3 services, as applicable, when there has been a member death (see the Line-of- Duty Deaths Policy for additional guidance). 1034.4 DEPARTMENT PEER SUPPORT 1034.4.1 PEER SUPPORT MEMBER SELECTION CRITERIA The selection of a department peer support member will be at the discretion of the coordinator. Selection should be based on the member's: •Desire to be a peer support member. •Experience or tenure. •Demonstrated ability as a positive role model. •Ability to communicate and interact effectively. •Evaluation by supervisors and any current peer support members. 1034.4.2 PEER SUPPORT MEMBER RESPONSIBILITIES The responsibilities of department peer support members include: (a)Providing pre- and post-critical incident support. (b)Presenting department members with periodic training on wellness topics, including but not limited to: 1.Stress management. 2. Suicide prevention. 3.How to access support resources. (c)Providing referrals to licensed psychotherapists and other resources, where appropriate. 1. Referrals should be made to department-designated resources in situations that are beyond the scope of the peer support member's training. 1034.4.3 PEER SUPPORT MEMBER TRAINING A department peer support member should complete department-approved training prior to being assigned. 1034.5 CRITICAL INCIDENT STRESS DEBRIEFINGS A Critical Incident Stress Debriefing should occur as soon as practicable following a critical incident. The coordinator is responsible for organizing the debriefing. Notes and recorded statements shall not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a critical incident. The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law, or a valid court order. 275 Golden Valley Police Department Policy Manual Wellness Program Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Wellness Program - 4 Attendance at the debriefing should only include peer support members, peer support counselors, and/or critical incident stress management team members, and those directly involved in the incident. Members who witness a critical incident are prohibited from providing critical incident stress management services at a debriefing about an incident that they witnessed (Minn. Stat. § 181.9732). 1034.5.1 PEER SUPPORT COUNSELOR COMMUNICATIONS Communications with peer support counselors are confidential and shall not be disclosed except as provided in Minn. Stat. § 181.9731. A peer support counselor is an individual who is designated by the Department and trained to provide peer counseling services (Minn. Stat. § 181.9731). 1034.5.2 CRITICAL INCIDENT STRESS MANAGEMENT TEAM MEMBER COMMUNICATIONS Communications with critical incident stress management team members are confidential and shall not be disclosed except as provided in Minn. Stat. § 181.9732. A critical incident stress management team member is an individual who is designated by the Department and trained to provide critical incident stress management services (Minn. Stat. § 181.9732). 1034.6 PEER SUPPORT COMMUNICATIONS Although the Department will honor the sensitivity of communications with peer support members, there is no legal privilege to such communications. 1034.7 PHYSICAL WELLNESS PROGRAM The coordinator is responsible for establishing guidelines for any on-duty physical wellness program, including the following: (a)Voluntary participation by members (b)Allowable physical fitness activities (c)Permitted times and locations for physical fitness activities (d)Acceptable use of department-provided physical fitness facilities and equipment (e)Individual health screening and fitness assessment (f)Individual education (e.g., nutrition, sleep habits, proper exercise, injury prevention) and goal-setting (g) Standards for fitness incentive programs. The coordinator should collaborate with the appropriate entities (e.g., human resources, legal counsel) to verify that any standards are nondiscriminatory. (h) Maintenance of physical wellness logs (e.g., attendance, goals, standards, progress) (i)Ongoing support and evaluation 276 Golden Valley Police Department Policy Manual Wellness Program Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Wellness Program - 5 1034.8 CHECK-UP FROM THE NECK UP PROGRAM The Department has established a Check-up for the Neck up Program to promote and support mental health, stress tolerance, and resiliency for all personnel. Participation in this program is mandatory for all sworn personnel. Non-sworn personnel may participate voluntarily. The following requirements and guidelines shall apply to this program: •Sworn officers are required to meet with a mental health professional for one hour at least once a year. •The city has partnered with a licensed mental health professional and employees may elect to see the partner provider at city expense. Employees may also elect to see a provider of their own choosing at their own expense, unless given prior approval by command staff. •Members will be asked to sign a release of information form. This will allow the provider to confirm employee attendance. •Employees will be compensated for their time. •Each employee may choose how he/she would like to spend the time with the mental health professional. Employees are encouraged to take the opportunity to discuss ways to reduce and manage the impact of work-related stressors. •All information disclosed to a provider is confidential; however, if a staff member is in crisis and is an immediate threat to him/herself or someone else, mandating reporting guidelines will be followed. •In addition to the yearly mental health check-ins, the mental health provider partner may present training to the department to promote the psychological and emotional health of personnel and may respond to offer support and services following defined critical incidents, if requested. 1034.9 WELLNESS PROGRAM AUDIT At least annually, the coordinator or the authorized designee should audit the effectiveness of the department's wellness program and prepare a report summarizing the findings. The report shall not contain the names of members participating in the wellness program, and should include the following information: •Data on the types of support services provided •Wait times for support services •Participant feedback, if available •Program improvement recommendations •Policy revision recommendations The coordinator should present the completed audit to the Chief of Police for review and consideration of updates to improve program effectiveness. 1034.10 TRAINING The coordinator or the authorized designee should collaborate with the Training Sergeant to provide all members with regular education and training on topics related to member wellness, 277 Golden Valley Police Department Policy Manual Wellness Program Copyright Lexipol, LLC 2025/02/28, All Rights Reserved. Published with permission by Golden Valley Police Department ***DRAFT*** Wellness Program - 6 including but not limited to: •The availability and range of department wellness support systems. •Suicide Prevention. •Recognizing and managing mental distress, emotional fatigue, post-traumatic stress, and other possible reactions to trauma. •Alcohol and substance disorder awareness. •Countering sleep deprivation and physical fatigue. •Anger management. •Marriage and family wellness. •Benefits of exercise and proper nutrition. •Effective time and personal financial management skills. Training materials, curriculum, and attendance records should be forwarded to the Training Coordinator as appropriate for inclusion in training records. 1034.10 .1 ADDITIONAL WELLNESS TRAINING FOR OFFICERS Officers shall complete in-service wellness training approved by POST as provided in Minn. Stat. §626.8478. The Chief of Police shall ensure that wellness training records are maintained in compliance with Minn. Stat. § 626.8478 and are made available as requested by POST (Minn. Stat. § 626.8478). 278 Copyright Lexipol, LLC 2024/11/18, All Rights Reserved. ***DRAFT*** Chaplains - 1 Published with permission by Golden Valley Police Department Golden Valley Police Department Policy Manual Chaplains 334.1 PURPOSE AND SCOPE This policy establishes the guidelines for Golden Valley Police Department chaplains to provide counseling or emotional support to members of the Department, their families and members of the public. 334.2 POLICY The Golden Valley Police Department shall ensure that department chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 334.3 ELIGIBILITY Requirements for participation as a chaplain for the Department may include, but are not limited to: (a) Being above reproach, temperate, prudent, respectable, hospitable, able to teach, be free from addiction to alcohol or other drugs and excessive debt. (b) Managing their households, families and personal affairs well. (c) Having a good reputation in the community. (d) Successful completion of an appropriate-level background investigation. (e) A minimum of five years of successful counseling experience. (f) Possession of a valid driver's license. (g) Participate in the ride along program. (h) When available, attend a citizens academy. The Chief of Police may apply exceptions for eligibility based on organizational needs and the qualifications of the individual. 334.4 RECRUITMENT, SELECTION AND APPOINTMENT The Golden Valley Police Department shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral and professional standards set forth by this department. All applicants shall be required to meet and pass the same pre-employment procedures as department personnel before appointment. 334.4.1 RECRUITMENT Chaplains should be recruited on a continuous and ongoing basis consistent with department policy on equal opportunity and nondiscriminatory employment. A primary qualification for Policy 334 279 Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/11/18, All Rights Reserved. ***DRAFT*** Chaplains - 2 Published with permission by Golden Valley Police Department participation in the application process should be an interest in and an ability to assist the Department in serving the public. Chaplain candidates are encouraged to participate in ridealongs with department members before and during the selection process. 334.4.2 SELECTION AND APPOINTMENT Chaplain candidates shall successfully complete the following process prior to appointment as a chaplain: (a) Submit the appropriate written application. (b) Include a recommendation from employers or volunteer programs. (c) Interview with the Chief of Police or designee and the chaplain coordinator. (d) Successfully complete an appropriate-level background investigation. (e) Complete an appropriate probationary period as designated by the Chief of Police. Chaplains are volunteers and serve at the discretion of the Chief of Police. Chaplains shall have no property interest in continued appointment. However, if a chaplain is removed for alleged misconduct, the chaplain will be afforded an opportunity solely to clear his/her name through a liberty interest hearing, which shall be limited to a single appearance before the Chief of Police or the authorized designee. 334.5 IDENTIFICATION AND UNIFORMS As representatives of the Department, chaplains are responsible for presenting a professional image to the community. Chaplains shall dress appropriately for the conditions and performance of their duties. Uniforms and necessary safety equipment will be provided for each chaplain. Identification symbols worn by chaplains shall be different and distinct from those worn by officers through the inclusion of "Chaplain" on the uniform and not reflect any religious affiliation. Chaplains will be issued Golden Valley Police Department identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Golden Valley Police Department identification cards, with the exception that “Chaplain” will be indicated on the cards. Chaplains shall be required to return any issued uniforms or department property at the termination of service. Chaplains shall conform to all uniform regulations and appearance standards of this department. 334.6 CHAPLAIN COORDINATOR The Chief of Police shall delegate certain responsibilities to a chaplain coordinator. The coordinator shall be appointed by and directly responsible to the Administrative Support or the authorized designee. The chaplain coordinator shall serve as the liaison between the chaplains and the Chief of Police. The function of the coordinator is to provide a central coordinating point for effective chaplain management within the Department, and to direct and assist efforts to jointly provide more productive chaplain services. Under the general direction of the Chief of Police or the authorized designee chaplains shall report to the chaplain coordinator and/or Shift Sergeant. 280 Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/11/18, All Rights Reserved. ***DRAFT*** Chaplains - 3 Published with permission by Golden Valley Police Department The chaplain coordinator may appoint a senior chaplain or other designee to assist in the coordination of chaplains and their activities. The responsibilities of the coordinator or the authorized designee include, but are not limited to: (a) Recruiting, selecting and training qualified chaplains. (b) Conducting chaplain meetings. (c) Establishing and maintaining a chaplain callout roster. (d) Maintaining records for each chaplain. (e) Tracking and evaluating the contribution of chaplains. (f) Maintaining a record of chaplain schedules and work hours. (g) Completing and disseminating, as appropriate, all necessary paperwork and information. (h) Planning periodic recognition events. (i) Maintaining liaison with other agency chaplain coordinators. An evaluation of the overall use of chaplains will be conducted on an annual basis by the coordinator. 334.7 DUTIES AND RESPONSIBILITIES Chaplains assist the Department, its members and the community, as needed. Assignments of chaplains will usually be to augment the Patrol Division. Chaplains may be assigned to other areas within the Department as needed. Chaplains should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. All chaplains will be assigned to duties by the chaplain coordinator or the authorized designee. Chaplains may not proselytize or attempt to recruit members of the Department or the public into a religious affiliation while representing themselves as chaplains with this department. If there is any question as to the receiving person’s intent, chaplains should verify that the person is desirous of spiritual counseling or guidance before engaging in such discussion. Chaplains may not accept gratuities for any service or any subsequent actions or followup contacts that were provided while functioning as a chaplain for the Golden Valley Police Department. 334.7.1 COMPLIANCE Chaplains are volunteer members of this department, and except as otherwise specified within this policy, are required to comply with the Volunteer Program Policy and other applicable policies. 334.7.2 OPERATIONAL GUIDELINES 281 Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/11/18, All Rights Reserved. ***DRAFT*** Chaplains - 4 Published with permission by Golden Valley Police Department (a) Chaplains will be scheduled to be on-call (b) At the end of each watch the chaplain will complete a chaplain shift report and submit it to the Chief of Police or the authorized designee. (c) Chaplains shall be permitted to ride with officers during any shift and observe Golden Valley Police Department operations, provided the Shift Sergeant has been notified and has approved the activity. (d) Chaplains shall not be evaluators of members of the Department. (e) In responding to incidents a chaplain shall never function as an officer. (f) When responding to in-progress calls for service chaplains may be required to standby in a secure area until the situation has been deemed safe. (g) Chaplains shall serve only within the jurisdiction of the Golden Valley Police Department unless otherwise authorized by the Chief of Police or the authorized designee. (h) Each chaplain may have access to current department member rosters, addresses, telephone numbers, duty assignments and other information that may assist in his/her duties. Such information will be considered private personnel data and each chaplain will exercise appropriate security measures to prevent distribution of the data. 334.7.3 ASSISTING DEPARTMENT MEMBERS The responsibilities of a chaplain related to department members include, but are not limited to: (a) Assisting in making notification to families of members who have been seriously injured or killed and after notification responding to the hospital or home of the member. (b) Visiting sick or injured members in the hospital or at home. (c) Attending and participating, when requested, in funerals of active or retired members. (d) Serving as a resource for members when dealing with the public in incidents, such as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol abuse and other such situations that may arise. (e) Providing counseling and support for members and their families. (f) Being alert to the needs of members and their families. 334.7.4 ASSISTING THE DEPARTMENT The responsibilities of a chaplain related to this department include, but are not limited to: (a) Assisting members in the diffusion of a conflict or incident when requested. (b) Responding to natural and accidental deaths, suicides and attempted suicides, family disturbances and any other incident that in the judgment of the Shift Sergeant or supervisor aids in accomplishing the mission of the Department. 282 Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/11/18, All Rights Reserved. ***DRAFT*** Chaplains - 5 Published with permission by Golden Valley Police Department (c) Responding to all major disasters, such as natural disasters, bombings and similar critical incidents. (d) Being on-call and, if reasonably possible, on-duty during major demonstrations or any public function that requires the presence of a large number of department members. (e) Attending department and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested. (f) Participating in in-service training classes. (g) Willingness to train others to enhance the effectiveness of the Department. 334.7.5 ASSISTING THE COMMUNITY The duties of a chaplain related to the community include, but are not limited to: (a) Fostering familiarity with the role of law enforcement in the community. (b) Providing an additional link between the community, other chaplain coordinators and the Department. (c) Providing liaison with various civic, business and religious organizations. (d) Promptly facilitating requests for representatives or leaders of various denominations. (e) Assisting the community in any other function as needed or requested. (f) Making referrals in cases where specialized attention is needed or in cases that are beyond the chaplain's ability to assist. (g) Assist with providing death or serious injury notifications. 334.7.6 CHAPLAIN MEETINGS All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the chaplain coordinator. 334.8 PRIVILEGED COMMUNICATIONS No person who provides chaplain services to members of the Department may work or volunteer for the Golden Valley Police Department in any capacity other than that of chaplain. Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits of the clergy-penitent, psychotherapist-patient and other potentially applicable privileges and shall inform members when it appears reasonably likely that the member is discussing matters that are not subject to privileged communications. In such cases the chaplain should consider referring the member to a non-department counseling resource. No chaplain shall provide counsel to or receive confidential communications from any Golden Valley Police Department member concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 283 Golden Valley Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2024/11/18, All Rights Reserved. ***DRAFT*** Chaplains - 6 Published with permission by Golden Valley Police Department 334.9 TRAINING The Department will establish a minimum number of training hours and standards for department chaplains. The training as approved by the Training Coordinator may include: • Stress management • Death notifications • Symptoms of post-traumatic stress • Burnout for members of law enforcement and chaplains • Legal liability and confidentiality • Ethics • Responding to crisis situations • The law enforcement family • Substance abuse • Suicide • Officer injury or death • Sensitivity and diversity 284 Golden Valley Police Department General Policies Golden Valley, Minnesota Revised September 2020 285 Page 2 Table of Contents TABLE OF CONTENTS.............................................................................................................................................. 2 INTRODUCTION ..................................................................................................................................................... 9 GENERAL POLICIES ............................................................................................................................................... 11 PATROL OPERATIONS .......................................................................................................................................... 12 G.P.1.01 ............................................................................................................................................................... 13 USE OF PUSH BUMPERS ......................................................................................................................................... 13 G.P.1.02 ............................................................................................................................................................... 14 UNIFORMS AND EQUIPMENT ................................................................................................................................... 14 G.P.1.03 ............................................................................................................................................................... 19 REIMBURSEMENT OF ESSENTIAL NON-UNIFORM ITEMS.................................................................................................. 19 G.P.1.04 ............................................................................................................................................................... 20 TRAFFIC SAFETY VESTS/ FLUORESCENT RAIN GEAR ....................................................................................................... 20 G.P.1.05 ............................................................................................................................................................... 21 IMPOUNDED MOTOR VEHICLE ................................................................................................................................. 21 G.P.1.06 ............................................................................................................................................................... 23 JUNK CAR ENFORCEMENT ....................................................................................................................................... 23 G.P.1.07 ............................................................................................................................................................... 24 VOIDING TRAFFIC CITATIONS ................................................................................................................................... 24 G.P.1.08 ............................................................................................................................................................... 25 RADAR USAGE ..................................................................................................................................................... 25 G.P 1.09 ............................................................................................................................................................... 27 SCHOOL BUS STOP ARM VIOLATIONS ........................................................................................................................ 27 G.P.1.10 ............................................................................................................................................................... 28 SNOW EMERGENCY PARKING VIOLATIONS .................................................................................................................. 28 G.P.1.11 ............................................................................................................................................................... 29 CRIMINAL CONDUCT ON SCHOOL BUSES..................................................................................................................... 29 G.P.1.12 ............................................................................................................................................................... 30 PROCEDURES WHEN LEAVING THE SQUAD .................................................................................................................. 30 G.P.1.13 ............................................................................................................................................................... 31 ROLL CALL .......................................................................................................................................................... 31 G.P.1.14 ............................................................................................................................................................... 32 POLICE OFFICER OPERATION OF DEPARTMENT VEHICLES WITHOUT LIGHTS ......................................................................... 32 G.P.1.15 ............................................................................................................................................................... 34 286 Page 3 WARRANT CHECKS AND ARRESTS ............................................................................................................................. 34 G.P.1.16 ............................................................................................................................................................... 35 MUTUAL AID REQUESTS AND RESPONSES ................................................................................................................... 35 G.P.1.17 ............................................................................................................................................................... 36 DETAINING SUSPECTS WANTED BY OTHER POLICE AGENCIES ........................................................................................... 36 G.P.1.18 ............................................................................................................................................................... 37 MOTOR VEHICLE PURSUITS ..................................................................................................................................... 37 G.P.1.19 ............................................................................................................................................................... 42 EMERGENCY OPERATION OF POLICE VEHICLES ............................................................................................................. 42 G.P.1.20 ............................................................................................................................................................... 44 FIRE SCENE RESPONSIBILITIES .................................................................................................................................. 44 G.P.1.21 ............................................................................................................................................................... 45 RESPONSE TO REPORTS OF MISSING CHILDREN AND ENDANGERED PERSONS ....................................................................... 45 G.P.1.22 ............................................................................................................................................................... 49 USE OF HANDCUFFS AND TRANSPORTATION OF PRISONERS ............................................................................................. 49 G.P 1.23 ............................................................................................................................................................... 51 BOOKING AND DETENTION...................................................................................................................................... 51 G.P.1.24 ............................................................................................................................................................... 59 DEBRIEFING SESSIONS FELONY ARRESTS AND UNUSUAL MISDEMEANOR ARRESTS ................................................................. 59 G.P.1.25 ............................................................................................................................................................... 60 COMPLETION OF DAILY PATROL LOG AND SQUAD CHECK ................................................................................................ 60 G.P. 1.26 .............................................................................................................................................................. 61 TRAFFIC ACCIDENT INVESTIGATION ........................................................................................................................... 61 G.P. 1.27 .............................................................................................................................................................. 62 USE OF DIGITAL AUDIO/VIDEO RECORDING EQUIPMENT IN POLICE VEHICLES & BOOKING/INTERVIEW ...................................... 62 G.P. 1.28 .............................................................................................................................................................. 66 BODY WORN CAMERAS ......................................................................................................................................... 66 G.P.1.29 ............................................................................................................................................................... 76 WINTERTIME CALLOUT PROCEDURES......................................................................................................................... 76 G.P.1.30 ............................................................................................................................................................... 78 JUVENILE CONTACTS.............................................................................................................................................. 78 G.P.1.32 ............................................................................................................................................................... 79 SMOKE-FREE ENVIRONMENT ORDINANCE ENFORCEMENT PROCEDURES ............................................................................. 79 G.P.1.33 ............................................................................................................................................................... 80 AUTOMATIC LICENSE PLATE READER ......................................................................................................................... 80 G.P.1.34 ............................................................................................................................................................... 83 287 Page 4 UNMANNED AERIAL SYSTEM ................................................................................................................................... 83 G.P. 1.35 .............................................................................................................................................................. 91 TRAFFIC ENFORCEMENT / STOPS / SEARCHES .............................................................................................................. 91 INVESTIGATIONS.................................................................................................................................................. 93 G.P.2.01 ............................................................................................................................................................... 94 IMPOUNDED PROPERTY.......................................................................................................................................... 94 G.P.2.02 ............................................................................................................................................................... 97 FIRE INVESTIGATION .............................................................................................................................................. 97 G.P.2.03 ............................................................................................................................................................... 99 FIRE DEPARTMENT RESCUE SQUAD OPERATIONS .......................................................................................................... 99 G.P.2.04 ............................................................................................................................................................. 100 CHILD ABUSE AND CHILD NEGLECT REPORTING/ INVESTIGATION .................................................................................... 100 G.P.2.05 ............................................................................................................................................................. 101 AUTO THEFT INVESTIGATIONS ................................................................................................................................ 101 G.P.2.06 ............................................................................................................................................................. 102 INVESTIGATION OF WORTHLESS CHECKS ................................................................................................................... 102 G.P.2.07 ............................................................................................................................................................. 103 EVIDENCE PHOTOS .............................................................................................................................................. 103 G.P.2.08 ............................................................................................................................................................. 104 REPORTING AND INVESTIGATION OF GASOLINE DRIVE-OFFS .......................................................................................... 104 G.P.2.09 ............................................................................................................................................................. 105 RESPONSE TO CRIMES MOTIVATED BY BIAS/HATE ...................................................................................................... 105 G.P. 2.10 ............................................................................................................................................................ 107 PROHIBITED POSSESSION OF FIREARMS- DV & RESTRAINING ORDER ............................................................................... 107 G.P. 2.11 ............................................................................................................................................................ 116 SEXUAL ASSAULT INVESTIGATION............................................................................................................................ 116 G.P. 2.12 ............................................................................................................................................................ 126 EYEWITNESS IDENTIFICATION PROCEDURE................................................................................................................. 126 G.P. 2.13 ........................................................................................................................................................ 12634 CONFIDENTIAL INFORMANT POLICY ......................................................................................................................... 126 ADMINISTRATIVE POLICIES ................................................................................................................................ 142 G.P. 4.01 ............................................................................................................................................................ 143 CRITICAL OR NON-CRITICAL EVENT NOTIFICATION ...................................................................................................... 143 G.P.4.02 ............................................................................................................................................................. 145 USE OF CITY VEHICLES ......................................................................................................................................... 145 288 Page 5 G.P.4.03 ............................................................................................................................................................. 147 ACCIDENTS INVOLVING DEPARTMENT VEHICLES ......................................................................................................... 147 G.P.4.04 ............................................................................................................................................................. 149 USE OF POLICE RANGE ......................................................................................................................................... 149 G.P.4.05 ............................................................................................................................................................. 150 INJURED ON DUTY CLAIMS ................................................................................................................................... 150 G.P.4.06 ............................................................................................................................................................. 151 POLICE OFFICER DUTIES AND POWERS ..................................................................................................................... 151 G.P. 4.07 ............................................................................................................................................................ 155 DRUG AND ALCOHOL TESTING ............................................................................................................................... 155 G.P.4.08 ............................................................................................................................................................. 162 SPECIAL ASSIGNMENT SELECTION PROCESS ............................................................................................................... 162 G.P.4.09 ............................................................................................................................................................. 163 BLOODBORNE PATHOGEN EXPOSURE....................................................................................................................... 163 G.P.4.10 ............................................................................................................................................................. 173 MANAGING PERSONNEL FILES ............................................................................................................................... 173 G.P.4.11 ............................................................................................................................................................. 175 PURCHASING ..................................................................................................................................................... 175 G.P.4.12 ............................................................................................................................................................. 176 REFERRAL OF FORMAL COMPLAINTS TO CITY ATTORNEY ............................................................................................... 176 G.P.4.13 ............................................................................................................................................................. 177 ANIMAL IMPOUND/RELEASE ................................................................................................................................. 177 G.P. 4.14 ............................................................................................................................................................ 179 OFFICER IN CHARGE ASSIGNMENT .......................................................................................................................... 179 G.P. 4.15 ............................................................................................................................................................ 181 PUBLIC SAFETY DEPARTMENT FITNESS FACILITY .......................................................................................................... 181 G.P. 4.16 ............................................................................................................................................................ 182 PROPERTY SEIZED FOR ADMINISTRATIVE FORFEITURE................................................................................................... 182 G.P. 4.17 ............................................................................................................................................................ 186 CLASSROOM DISCRIMINATION ............................................................................................................................... 186 G.P. 4.18 ............................................................................................................................................................ 191 TWO-FINGER RAPID IDENTIFICATION DEVICE USE ....................................................................................................... 191 SPECIAL OPERATIONS ........................................................................................................................................ 192 G.P.5.01 ............................................................................................................................................................. 193 BOMBS/BOMB THREATS ...................................................................................................................................... 193 G.P.5.02 ............................................................................................................................................................. 195 289 Page 6 HOSTAGE SITUATIONS ......................................................................................................................................... 195 G.P.5.03 ............................................................................................................................................................. 197 HIGH RISK ARREST AND SEARCH WARRANT PROCEDURE .............................................................................................. 197 G.P.5.04 ............................................................................................................................................................. 198 S.W.A.T. TEAM ................................................................................................................................................ 198 G.P.5.05 ............................................................................................................................................................. 201 EMERGENCY RESPONSE TEAM DIVERSIONARY DISTRACTION DEVICE DEPLOYMENT ............................................................. 201 G.P. 5.06 ............................................................................................................................................................ 203 ARMORED VEHICLE ............................................................................................................................................. 203 G.P. 5.07 ............................................................................................................................................................ 205 MOBILE FIELD FORCE .......................................................................................................................................... 205 COMMUNITY SERVICES ...................................................................................................................................... 210 G.P.6.01 ............................................................................................................................................................. 211 CITIZEN COMMENDATION LETTERS ......................................................................................................................... 211 G.P.6.02 ............................................................................................................................................................. 212 RIDEALONG PROGRAM ........................................................................................................................................ 212 G.P.6.03 ............................................................................................................................................................. 213 PERMIT TO CARRY A HANDGUN / TRANSFEREE PERMIT / REPORTS OF TRANSFER ................................................................ 213 G.P.6.04 ............................................................................................................................................................. 216 ALCOHOLIC BEVERAGES – LICENSING & REGULATIONS ................................................................................................. 216 G.P.6.05 ............................................................................................................................................................. 219 BLOCK PARTIES AND STREET CLOSINGS .................................................................................................................... 219 G.P.6.06 ............................................................................................................................................................. 220 PERMIT TO USE EXPLOSIVES .................................................................................................................................. 220 G.P.6.07 ............................................................................................................................................................. 221 LABOR MANAGEMENT DISPUTES ............................................................................................................................ 221 G.P.6.08 ............................................................................................................................................................. 222 TORNADO AND SEVERE WEATHER .......................................................................................................................... 222 G.P.6.09 ............................................................................................................................................................. 224 PROCEDURE FOR DISCONNECTING MALFUNCTIONING OUTDOOR WARNING SIRENS ............................................................ 224 G.P.6.10 ............................................................................................................................................................. 225 DOMESTIC ABUSE RESPONSE AND ARREST ................................................................................................................ 225 G.P 6.11 ............................................................................................................................................................. 233 PREDATORY OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION .......................................................................... 233 RECORDS AND DATA MANAGEMENT ................................................................................................................. 238 290 Page 7 G.P.7.01 ............................................................................................................................................................. 239 MINNESOTA GOVERNMENT DATA PRACTICES INFORMATION DISSEMINATION ................................................................... 239 G.P.7.02 ............................................................................................................................................................. 247 CJDN (AND RELATED SYSTEMS) INFORMATION .......................................................................................................... 247 G.P.7.03 ............................................................................................................................................................. 249 MOTOR VEHICLE REGISTRATION AND DRIVER’S LICENSE INFORMATION TO PUBLIC.............................................................. 249 G.P.7.04 ............................................................................................................................................................. 250 MANAGING HOT FILES ......................................................................................................................................... 250 G.P.7.05 ............................................................................................................................................................. 252 2-FINGER RAPID IDENTIFICATION USE...................................................................................................................... 252 G.P.7.06 ............................................................................................................................................................. 254 MISSING PERSONS .............................................................................................................................................. 254 G.P. 7.07 ............................................................................................................................................................ 256 HIT CONFIRMATIONS ........................................................................................................................................... 256 G.P. 7.08 ............................................................................................................................................................ 258 VALIDATIONS..................................................................................................................................................... 258 G.P. 7.09 ............................................................................................................................................................ 259 SUPPORTING DOCUMENTATION FOR IDENTITY THEFT .................................................................................................. 259 G.P. 7.10 ............................................................................................................................................................ 260 SUPPORTING DOCUMENTATION FOR PROPERTY HOT FILE RECORDS ................................................................................ 260 G.P. 7.11 ............................................................................................................................................................ 261 COMPREHENSIVE INCIDENT BASED REPORTING SYSTEM ............................................................................................... 261 DEPARTMENT STANDARDS ................................................................................................................................ 266 G.P. 8.01 ............................................................................................................................................................ 267 CODE OF CONDUCT ............................................................................................................................................. 267 G.P. 8.02 ............................................................................................................................................................ 275 OFF DUTY EMPLOYMENT...................................................................................................................................... 275 G.P.8.03 ............................................................................................................................................................. 277 FIELD TRAINING PROGRAM ................................................................................................................................... 277 G.P.8.04 ............................................................................................................................................................. 281 OFFICER PERFORMANCE EVALUATION SYSTEM ........................................................................................................... 281 G.P.8.05 ............................................................................................................................................................. 286 DEPARTMENT AWARDS ........................................................................................................................................ 286 G.P.8.06 ............................................................................................................................................................. 290 COURT APPEARANCE NOTIFICATION ........................................................................................................................ 290 G.P.8.07 ............................................................................................................................................................. 292 291 Page 8 COMPLAINTS AGAINST EMPLOYEES ......................................................................................................................... 292 G.P 8.08 ............................................................................................................................................................. 295 INSURANCE INTERVIEWS ....................................................................................................................................... 295 G.P. 8.09 ............................................................................................................................................................ 296 USE OF FORCE AND FIREARMS ............................................................................................................................... 296 G.P.8.10 ............................................................................................................................................................. 305 EXEMPTIONS FOR NO PARKING SIGN ENFORCEMENT ................................................................................................... 305 G.P.8.11 ............................................................................................................................................................. 306 LESS LETHAL EXTENDED RANGE IMPACT DEVICES........................................................................................................ 306 G.P.8.12 ............................................................................................................................................................. 309 CRITICAL INCIDENT PROTOCOL ............................................................................................................................... 309 G.P.8.13 ............................................................................................................................................................. 314 IMPARTIAL POLICING ........................................................................................................................................... 314 G.P.8.14 ............................................................................................................................................................. 316 PERSONAL GROOMING ........................................................................................................................................ 316 G.P.8.15 ............................................................................................................................................................. 319 BODY ARMOR.................................................................................................................................................... 319 G.P. 8.16 ............................................................................................................................................................ 322 CHECK UP FOR THE NECK UP ................................................................................................................................ 322 292 Page 9 Introduction The Department Manual consists of Policies and Procedures that provide a standard of conduct for the members of the Department while at the same time insures the community of professional services. The Department Manual benefits the community as well as the P olice Officers in setting rules which enhance consistent police action. It is impossible to cover all conceivable events that may occur in day-to-day police operations. Therefore, Police Officers are required to respond to situations using sound discretion and intelligence. The contents of this Manual represent the rules for which all members of this Department are held accountable. All previously published Policies and Procedures which have not been updated as of this year, are hereby suspended and canceled. All amendments or deletions to the Department Manual will be posted prior to being made part of the Department Manual. The Department Manual consists of the following: 1. General Policies Orders issued by the Chief’s Office designed to cover a specific circumstance or situation that is permanent or continuing in nature. The manual of conduct, present in previous versions, has been incorporated into the general policies. 293 Page 10 In order to provide an adaptable, systematic method of organizing and updating the Department manual, the following system will be used: 1. General Policies are arranged in the following order: 1.xx Patrol Operations 2.xx Investigations 3.xx Intentionally Left Blank 4.xx Administration Policies 5.xx Tactical Operations 6.xx Community Services 7.xx Records and Data Management 8.xx Department Standards General Policies shall have a consistent format. The date shall always be displayed. Policies that are revised or discarded shall be retained in an appropriate file for record keeping purposes. Special Policies will be reviewed twelve months from date of issuance. A log of revised or discarded Special Policies shall be retained. All policies will be reviewed at least once every three years. All personnel will be notified of any changes in Policy or Procedures. 294 Page 11 General Policies 295 Page 12 Patrol Operations 296 Page 13 G.P.1.01 Effective Date: January 1, 1987 November 2014 Use of Push Bumpers PURPOSE: A policy is established to regulate when and how Push bumpers are to be used. The purpose of the special bumpers is to allow the officer to clear the roadway of an immediate traffic hazard caused by a vehicular accident or stalled vehicle. Officers are expected to exercise good judgment to prevent damages due to pushing and for determining the necessity of pushing a vehicle. Proper use of the Push Bumpers could cause damage to the squad and citizen's vehicle. PROCEDURE: Push Bumpers shall be used only under the following conditions: 1. Vehicular accident where the vehicle is blocking the road, thereby creating a hazard. 2. Stalled vehicle on the roadway that presents an immediate hazard to other traffic. 3. Any emergency situation where the officer deems use is necessary. Precautions: 1. Make sure the vehicle is out of gear and emergency brake is off. 2. Vehicles will not be pushed any longer distance than is absolutely necessary to remove the existing hazard. 3. Pushing will be done only when there is a driver behind the wheel and in control of the vehicle being pushed. 4. Pushing of any vehicle shall be done only when it is possible to push the vehicle from either the front or back, and where the bumpers meet satisfactorily. Prohibited Actions: 1. Angle pushing. 2. Pushing stalled vehicles to get them started. 3. Removal of snowbirds. 297 Page 14 G.P.1.02 Effective Date: February 1, 1991 Revised: April 13, 2004 November 2009 November 2014 August 2016 March 2018 Uniforms and Equipment PURPOSE: The intent of this order is to provide guidance in prescribing the type and manner of duty attire as well as the method of procurement and replacement. All personnel shall conform to all portions of this policy unless directed otherwise by a supervisor, or extraordinary circumstances. UNIFORMS AND APPEARANCE All personnel, with the exception of administrative assistant staff, shall maintain a properly maintained, regulation uniform. The uniform shall only be worn on duty, and it shall at al l times reflect a neat and well-groomed appearance. All uniforms shall be consistent with appropriate specifications. Circumstances such as weather will dictate the use of jackets, sweaters, and foot gear. From December 1st to the last day of February the winter uniform will be worn. The winter uniform consists of the long sleeve uniform shirt with tie, or without tie and a white or navy blue t-shirt, or without tie and an approved navy blue mock t-shirt underneath. During the periods not covered either uniform may be worn. Members shall not report for duty wearing soiled, torn or patched uniforms. Shoes or boots are to be polished. When an undershirt is worn that is visible at the neck, it is to be white or navy blue in color with sleeves that are shorter than the sleeves of the uniform shirt being worn. Service stripes may be displayed on the left sleeve of the long sleeve uniform, one stripe for every 4 years of service. Sergeant chevrons will include service strips, one for every 5 years of sergeant service. When on duty and at all times when in uniform, sworn personnel are required to wear, as a minimum, a department approved firearm, one extra magazine of ammunition, handcuffs, taser and a department approved tool to deliver an intermediate level of force (OC, Asp, etc.). IDENTIFICATION All personnel shall be issued badges, name tags and identification cards as appropriate. These shall be worn and carried at all times while on duty unless in full police uniform, unless 298 Page 15 approved by a supervisor for undercover work where carrying identification may jeopardize an officer’s safety. Badges Personnel are issued two (2) breast badges and one (1) cap badge. The breast badge must be displayed on the outermost uniform item. Personnel in civilian clothes shall possess a badge while on duty. Name Tags Personnel are issued two (2) name tags. The name tag must be displayed on the outermost uniform item. Identification Cards Each employee shall be issued one identification card to identify that person's official capacity. The loss of any official identification shall be reported immediately. All official identification is the-sole property of the City of Golden Valley. REQUIRED UNIFORMS The City will provide all required uniforms as prescribed by the appropriate labor agreement. Only those items set forth in the attached specifications are authorized for official wear. SUPERVISOR RESPONSIBILITIES Supervisors shall periodically inspect officers and employees for compliance with this policy. REPLACEMENT PROCEDURE All Department purchases shall be made using the following procedure: 1. A "Requisition for Uniform & Equipment" shall be prepared and submitted to a Commander. 2. The approved requisition shall be returned to the employee, who shall hand deliver it to the vendor at the time of fitting or pickup. A copy of the approved requisition shall be given to the Administrative Assistant who maintains records of all items issued to employees. 3. The Department reserves the right to recall any issued items. 299 Page 16 Bids The Department shall periodically solicit bids for uniforms and equipment. This solicitation may result in the awarding of contracts to more than one vendor. At this time also, the authorized equipment lists shall be reviewed and updated. Authorized Equipment Below is a list of currently authorized uniforms and equipment. This list is broken down by job assignment. It is current as of April 2010: LEVEL 1 - SWORN OFFICERS LEVEL 3 - CSO/SWORN OFFICERS LEVEL 4 - RESERVES/SWORN OFFICERS Code Description Vendor Level Asp Holder Black B/W-Fits F-26 BATON #ASP- 26F.BW Streichers 1 Badge Breast Custom Galls 1 Badge Cap Custom Galls 1 Badge Holder Leather Galls 1 Button Gold Flat Police Style Galls 1 Cap Strap Gold Embossed Style Galls 1 Chevron For Sergeant Cloth Gold On Navy Galls 1 Collar Insignia Star Gold Galls 1 Collar Insignia Star Gold Miniature Size Galls 1 Dress Pants Horace Small #HS2137 Flashlight Black D Battery 3 Cell Streichers 1 Flashlight Black #Sl20xac Streichers 1 Glove Holder Formed Nylon Black Galls 1 Gloves Driving Unlined Galls 1 Handcuff Case Leather B/W Closed #Ts304 Galls 1 Handcuff Case Black Leather Open #C305 Galls 1 Handcuff Case Leather Black Closed Velcro #35PV Galls 1 Handcuffs Chrome Std. Wt. #Pe-Nc Streichers 1 Holster Generic Streichers 1 Jacket Gortex Unlined Navy #9610 Galls 1 Jacket Leather Navy W/Ziput Liner W/O Fur Collar Galls 1 Jacket Leather Navy Solid Lining W/O Fur Collar Galls 1 Jacket/Sum/Fall Gortex Lined Navy #9610 Galls 1 Mag Holder Magazine Holder Clip-On Black Streichers 1 Name Tag Gold Or Silver Metal Galls 1 Rain Cap Cover Nylon High V15 Green Galls 1 Raincoat Spiewak Galls 1 Service Stripes Cloth Gold Or Silver On Navy Galls 1 Shirt L.S. Flying Cross #4SW6686 (Dark Navy) 1 Shirt S.S. Flying Cross #4SW6686 (Dark Navy) 1 Shirt S.S. Short Sleeve White (Chief Only) Galls 1 300 Page 17 Shoe Hi-Top Tennis Style Black Galls 1 Shoe Rocky Ankle Boot #911-120 Galls 1 Shoes Rocky Oxford #911-110 Galls 1 Sweater Wooly Pully Navy Military Style Galls 1 Tailoring Tailor/Repair Clothing Galls 1 Tie Navy Clip On Galls 1 Vest High V15 Green Galls 1 Vest Carrier PACA (Matches Uniform Shirt) 1 Arm Vestcov Quil #Qwv Streichers 3 Armored Vest The Hybrid Streichers 3 Armored Vest Ultra Lite Ii Streichers 3 Armored Vest Hi Lite Ii Streichers 3 Armored Vest Cov To Fit The Hybrid Streichers 3 Badge Reserve Breast Badge Galls 3 Belt Keeper Leather B/W Black #Dl2421vc Galls 3 Belt Keeper Leather B/W Black Velcro Galls 3 Cap Summer 8 Pt. Mesh Band Navy Galls 3 Cap Winter 8 Pt. Closed Frame Band Navy Galls 3 Cap- Knit Black Knit, Folded Capstun Holder Black Velcro /Capstun #Z-305 Galls 3 Cargo Pants Flying Cross #39300 -or- Blauer #8980 3 Carryall Bag Leather/Fabric Bag Lettered Police Galls 3 Flag Pin (Optional) Flashlite Cones Yellow Galls 3 Flashlite Hldr Leather B/W Black #Ts87w Galls 3 Gloves Leather W/Wool Liners Galls 3 Gloves Thinsulite Lined Buckskin Galls 3 Jacket - Fleece Spiewak #5327 Galls 3 Jacket Sum/Fall Gortex Unlined Navy #9610 Galls 3 Jacket Winter Navy #107msx Galls 3 Key Holder Black Leather B/W #Ts88 Galls 3 Mock Turtlenecks Blauer (StreetGear 8110) -or- UnderArmour 3 Overshoes Brogue Black Zipper Front Galls 3 Pavcov1 Armored Vest Cover To Fit Hi Lite II Streichers 3 Rain Cap Cover High Visibility Galls 3 Raincoat High Visibility Galls 3 Sam Browne Belt Black Leather W/ Chrome Buckle #B2 Galls 3 Sam Browne Belt Black Leather Velcro B/W #5011v Galls 3 Shoes Boot Rocky #8032 (Men) Galls 3 Shoes Boot Rocky #4044 (Women) Galls 3 Clipboard Metal - For CSO Galls 4 Garrison Belt Black/Chrome Buckle/ Leather/B/W #B8 Galls 4 Garrison Belt Black B/W W/Velcro #5121V Galls 4 301 Page 18 Jacket Sum/Fall Navy Unlined #2579 Recruit Galls 4 Name Tag Blue W/White Letters Plastic Galls 4 Shirt L.S. Long Sleeve Lt. Blue Sentry #919lb Galls 4 Shirt S.S. Short Sleeve Lt. Blue #959lb Galls 4 Shoes Oxford Black #101 Galls 4 Shoes Lt. Wt. Hi-Top Black #534-6045 (Women) Galls 4 Shoes Oxford Walking Shoes #2025 Galls 4 Shoes Boot Black #1165 Galls 4 Sweater Cardigan Navy Galls 4 Tie Clip On Navy Galls 4 Tie Bar With GV Badge Gold Or Silver Galls 4 Tie Tac With GV Badge Gold Or Silver Galls 4 Trousers 100% Poly Navy #179 (Men) Galls 4 Trousers 100% Poly Navy #8309 (Men) Galls 4 Trousers Poly/Wool Navy #829 (Men) Galls 4 Trousers 100% Poly Navy #129 (Women) Galls 4 Vest Navy Quilted Sleeveless #610 Galls 4 302 Page 19 G.P.1.03 Effective Date: November 1, 1988 Revised: November 2009 Reimbursement of Essential Non-Uniform Items PURPOSE: The purpose of this policy is to clarify the City's responsibility for reimbursement of essential non-uniform items that are carried or worn by employees in cases of loss or damage. PROCEDURE: Whenever essential items are lost or damaged in the performance of duties, the employees will submit a written report to the Patrol Commander. If the loss is determined beyond the control of the individual employee, such as emergency conditions, physical confrontations, etc., reimbursement will be made for the appraised value of the item(s) lost or actual repair costs if damaged, not to exceed $500 per incident. The Department assumes no responsibility for other equipment or materials carried by the employee. For example, the police officer carrying his/her own weapon assumes the risk for loss or damage. This policy does not preclude reimbursement for non-essential items lost or damaged through individual insurance policies and/or the civil liability another may have for this purpose. These are left to the individual employee to resolve. The policy has no effect on uniform replacement and repair or replacement of City owned equipment which has been provided in the past when a determination that it was beyond the individual's control was made. Maximum Reimbursement per Incident: $500 (All Items Combined) Items Considered Essential (1) Glasses (prescription or non-prescription) (2) Contact lenses (3) Watches (4) Knife Exceptions to this policy may be made from time-to-time by the Police Chief or his/her designee depending upon a determination of "essentially" and the Department's inability or failure to provide like equipment or materials. 303 Page 20 G.P.1.04 Effective Date: January 1, 1987 Revised: November 2009 Traffic Safety Vests/ Fluorescent Rain Gear PURPOSE: Officer's safety during traffic direction details whether on duty or off duty. PROCEDURE: A traffic vest will be carried as assigned equipment in each marked squad car. Officers are issued a traffic vest and/or a florescent rain coat. A traffic vest or florescent rain coat will be worn while officers direct traffic or work other high visibilit y details involving traffic control. 304 Page 21 G.P.1.05 Effective Date: January 1, 1987 Revised: November 2009 Impounded Motor Vehicle PURPOSE: To establish a policy for: 1. Conditions for Impoundment 2. Pre-Impounding Vehicle Inventory 3. Impound Procedure 4. Release Procedure PROCEDURE: "IMPOUND VEHICLE" shall mean vehicles held for evidence and/or safekeeping. I. Conditions for Impoundment A. Vehicles involved in crimes and held for investigation or evidence. B. Vehicles involved in an accident where the officer has reasonable grounds to believe that vehicle conditions may have contributed to serious injury or death. C. Vehicles which are a public hazard. D. When the owner or driver (if owner is not present) is removed from the vehicle for medical care. E. When the owner or driver (if the owner isn’t present) is placed under custodial arrest. II. Pre-Impounding Vehicle Inventory Court decisions reaffirmed both the right and the obligation of police officers to conduct a thorough vehicle search prior to the impounding of such vehicle in order to inventory and adequately protect any personal property in that vehicle. The search should include the entire interior of the car, the glove compartment, and the trunk when the trunk keys are readily available. All personal property, and its disposition, will be noted on the Impound Report. 305 Page 22 III. Impound Procedure When a vehicle is to be impounded, the impounding officer shall complete the impounding papers before the vehicle is towed. If there are no license plates on the vehicle, the VIN (Vehicle Identification Number) must be shown on the impound report. A. A vehicle registration check is to be made on all impounded vehicles to determine the name and last address of the registered owner. B. The impounding officer shall note on the impounding report any and all special requirements for release (that is, if the car is to be held for a special reason or any other conditions or situations). IV. Entering an Impounded Vehicle into NCIC: A vehicle that is impounded without the owner’s/driver’s knowledge shall be entered into the NCIC database as an impounded vehicle. The impounding officer shall place a “hold” on the vehicle on the vehicle impound sheet to ensure the vehicle is removed from the database upon release. V. Release Procedure: The owner or authorized agent must present proof of ownership prior to the release of any vehicle. 306 Page 23 G.P.1.06 Effective date: December 29, 1988 Revised: November 2009 Junk Car Enforcement PURPOSE: To provide for a uniform and consistent procedure for enforcing the Junk Car Ordinance throughout the City. PROCEDURE: 1. When a police officer is called to or observes a vehicle in violation of the Junk Car Ordinance (Section 10.70) he/she will notify the homeowner by giving a junk car notice form citing the following information: A. The location of the violation. B. The license number, year, make, model and VIN number of the vehicle or vehicles in violation (if possible). C. Specific observations of the vehicle(s) which constitute a violation of the ordinance, e.g. expired license, absence of vital component parts, and/or other evidence of inoperability. D. Any attempt made to contact the property owner to advise them of the violation at the time of the initial report. 2. After a period of two weeks, if the car is still present, the officer may tag or tow to abate the violation. All efforts should be made to speak to the homeowner in person or on the phone so that he/she is aware of the violation and what needs to be done to remedy it. If it is necessary to tag or tow the violation, a case report will be initiated. 3. City council hearing may be scheduled at the request of -the offender. Officers may be required to attend Council hearing for the purpose of bringing testimony in the case to be heard by Council. 307 Page 24 G.P.1.07 Effective Date: January 1, 1987 November 2014 Voiding Traffic Citations Purpose: To establish a uniform procedure in dealing with citations which may need to be canceled. Citations may be voided by officers under limited circumstances. Requests to void citations should be for valid reasons including: vehicle was already cited for the same violation on the same day at the same location; Ticketwriter malfunction; false information was recorded, etc. A valid reason does not generally include an officer’s decision to issue a written or verbal warning in lieu of the citation. Citations are controlled by the Clerk of Court and all citations are recorded and audited. Procedure: 1. The requesting officer initiates a form requesting citations voiding or dismissal. • The reason for the request should be included. • All copies of the citation are attached to the form 2. Upon completion of above, the paperwork is forwarded to the supervisor for approval. 3. The supervisor will forward all approved requests for processing. 308 Page 25 G.P.1.08 Effective Date: November 1, 2003 November 2014 Radar Usage PURPOSE: To provide uniform guidelines for the use, maintenance, and calibration of speed measuring devices used by members of the Golden Valley Police Department. POLICY: It is the policy of the Golden Valley Police Department to employ devices to aid in enforcing speed laws to make our highways and roadways as safe as possible. Only department approved speed measuring devices are to be used by members of the Golden Valley Police Department. The proper care of the radar unit and verification of accuracy is the responsibility of the individual operator of the device. I. Procedures for Use of Radar: The radar unit must be checked for accuracy at least two times per work shift if the radar is used for enforcement. Accuracy tests must be done at the start of a shift, or prior to using the radar for enforcement purposes. If an operator used the radar f or enforcement, then the accuracy teats must be completed again at the end of the shift or at the end of the enforcement period of the radar. The accuracy tests must be recorded on the radar/laser log, which will be kept in the regular course of operations. Accuracy tests will include: the internal self-test, an external tuning for test, and moving mode test to ensure the unit is accurate and functioning properly . If for any reason, a radar unit does not function properly, the unit shall be immediately t aken out of service. The operator shall notify the officer in charge of radar repair and inform him/her of the problem. Each radar unit and its corresponding tuning fork set shall be checked for accuracy at least one time a year by a radar technician. The original certificate of accuracy will be kept on file at the Golden Valley Police Department. All operators of radar units will receive training in the setup, use and operation of the instrument. A visual independent determination of excessive speed on a target vehicle must be made before a citation is issued based on a radar speed reading. II. Laser Radar Units: The Golden Valley Police Department also currently uses laser/lidar speed measuring devices. 309 Page 26 The laser/lidar unit must be checked for accuracy and proper operation at least two times per work sift if the laser/lidar is used for enforcement. Accuracy tests must be done at the start of a shift, or prior to using the laser/lidar for enforcement purposes. If an operator used the laser/lidar for enforcement, then the accuracy tests must be completed again at the end of the shift, or at the end of the enforcement period of the laser/lidar. The accuracy tests must be recorded on the radar/laser log, which will be kept in the regular course of operations. Check the operation of the unit by performing an internal self -test sequence, which verifies the speed processing circuitry is working properly. Range measurements should be verified by checking the unit against two pre-measured independent distances. These two distances were measured by city engineering staff using steel tape at the distance reflected on the laser log sheet. A slight alignment test must also be completed. If for any reason a laser/lidar unit does not function properly, the u nit shall be immediately taken out of service. The operator shall notify the officer in charge of laser/lidar repair and inform him/her of the problem. All operators of the laser units will be trained in the proper use and techniques of the devices. III. Certified Speedometer: The radar in each squad is used to check that squad’s speedometer readings. Accuracy tests must first be completed with the radar unit according to policy. Speedometer verification with radar may be accomplished by using the moving mode whereby the speedometer readings are compared with the speed readings in the patrol speed window on the radar unit. The readings will be recorded on the squad speedometer verification log. This speedometer verification will be completed annually. The officer in charge of radar will maintain a record of the accuracy of each speedometer and keep the original record at the Golden Valley Police Department. 310 Page 27 G.P 1.09 Effective Date: March 1, 1992 Revised: November 2009 School Bus Stop Arm Violations PURPOSE: To outline a procedure for investigation of school bus stop arm violations. PROCEDURE: When a school bus driver or civilian who witnesses an offense under Minnesota Statute 169.444 reports the violation to the police department, the police department will investigate the report. The on-duty supervisor is responsible for ensuring the violation is promptly investigated and brought to conclusion. Investigation After taking the initial report and interviewing witnesses, the assigned officer will attempt to locate the vehicle and the driver soon as possible for purposes of interviewing the driver and making the determination if there is valid evidence upon which to make an arrest. The assigned officer is responsible for investigating this case and bringing it to a conclusion. 1. An arrest may be made and an RPR slip for a misdemeanor violation m ay be issued if: • It is determined a person failed to stop a vehicle or keep it stopped for the school bus extended stop signal arm and flashing red lights. • The violation is witnessed by the officer. • The driver is contacted within four hours after the incident, and the evidence supports the issuance of an RPR slip and court date, i.e., admission, witnesses, etc. 2. A request for a formal complaint may be made if: • The driver, or owner, of the vehicle has been interviewed after the four hour time limit and the officer makes the determination that there is evidence that a violation occurred. • The officer determines that a gross misdemeanor offense occurred because the driver failed to stop the motor vehicle or keep it stopped and passed or attempted to pass the school bus on the right-hand passenger side of the bus or passed or attempted to pass the school bus when a school child was outside of and on the roadway used by the bus or on the adjacent sidewalk. Officers are encouraged to contact the original complainant and inform the person of the final disposition of their complaint. 311 Page 28 G.P.1.10 Effective Date: January 1, 1987 Revised: December 23, 2005 November 2009 Snow Emergency Parking Violations PURPOSE: 1. To minimize snow removal costs for the City while insuring reasonable treatment of citizens. 2. To standardize enforcement and towing actions of officers. 3. To reduce public safety hazards associated with "snowbirds." 4. To economize the use of enforcement resources. 5. To encourage compliance with City Ordinance Sec. 9.07, Subd.l “After a snowfall of at least two inches (2"), parking is prohibited on any public street or alley in the City of Golden Valley, and parking may not resume on any such street or alley until the same has been plowed and the snow removed to the curb line.” POLICY: DECLARATION AND COMMUNICATION 1. The street supervisor, streets/vehicle maintenance supervisor, Public Works maintenance manager, or his/her designee, will confer with the police supervisor on duty to determine when the provisions of City Ordinance 9.07, Subd. 1 become applicable. Consideration is expected for adequate prior warning to the public, e.g., forecast for heavy snowfall. 2. The police supervisor will communicate this declaration to all appropriate police personnel. ENFORCEMENT AND TOWING 1. Under normal circumstances, citations will be issued for vehicles violating the ordinance. a. Towing will not commence in normal situations until at least 24 hours have elapsed from the time of violation. b. Towing may commence immediately when a request for removal has been made by the State, County, or City Public Works Department personnel and/or a safety hazard exists. 312 Page 29 G.P.1.11 Effective Date: January 1, 1995 Criminal Conduct on School Buses PURPOSE: Our department promotes cooperation with the schools, parents, and transportation providers in adopting a written policy for responding to criminal incidents on school buses as required by Minnesota statutes and to help ensure the safe tr ansportation of students to and from school. PROCEDURE: This department recognizes that responding to reports of criminal conduct on school buses is a law enforcement function. Officers are directed to handle this type of complaint like any other report of criminal conduct and make referrals to the appropriate prosecuting attorney when warranted. As with all complaints, officers can use justifiable discretion in investigating the case. Officers should take into account the seriousness of the offense, acti on under consideration and/or taken by the school, and input from individuals affected by the criminal conduct. This policy is not intended to interfere with or replace school disciplinary policies which relate to student misconduct on school buses. 313 Page 30 G.P.1.12 Effective Date: January 1, 1987 Revised: November 2009 Procedures When Leaving the Squad PURPOSE: This policy is intended to ensure that patrol officers out of their cars remain in contact with dispatch and other officers. PROCEDURE: Officers will carry a portable radio whenever they leave the patrol vehicle. Officers are responsible to ensure their portable radio is charged and in working condition. Officers are encouraged to use the squad computer to check out at locations when performing routine extra patrol duties or routine business checks, etc. Squad cars are to be locked when they are unattended. 314 Page 31 G.P.1.13 Effective Date: January 1, 1987 Revised: November 2009 Roll Call PURPOSE: To provide guidelines for roll call, car assignments and pre-shift squad inspections. PROCEDURE: A. Roll Call Information The desk CSO is responsible for collecting and delivering daily activity reports and teletypes to the sergeant or OIC. The sergeant or OIC will present the relevant electronic roll information to their shift. Materials may include: scoop sheets, daily activity reports, directed patrol information, wanted party information, relevant teletypes, new or amended policies or orders, status of squads, and other memoranda. Roll calls should begin promptly after squads and equipment have been checked and put into service for the upcoming shift. Officers should be on the street as soon as possible upon completion of roll call and inspection of the squads and equipment. B. Roll Call/Training Sergeants are encouraged to provide ongoing training during roll call focusing on legal updates, policies and procedures, or other relevant topics. C. Car Assignments Sergeants are responsible for the assignment of squads. D. Squad Car Inspection Prior to and at the end of shift, all officers will inspect their assigned vehicle for: 1. Any damage which shall be noted and reported to the shift supervisor. 2. Any weapons, contraband or abandoned property in the back seat area, which shall be noted and reported to the shift supervisor. Prior to the shift, all employees will ensure that their assigned squad has a full oxygen tank/first aid kit, defibrillator as assigned, fire extinguisher, road flares, traffic cones, and that the shotgun and rifle are loaded and squad-ready. 315 Page 32 G.P.1.14 Effective Date: January 1, 1991 Revised: November 2009 Police Officer Operation of Department Vehicles Without Lights PURPOSE: To outline department policy for operation of law enforcement vehicles without lights. I. Policy It is the policy of the Golden Valley Police Department to provide a uniform guideline for all department personnel to use when operating a department vehicle without headlights, taillights or marine navigation lighting, while functioning as a peace officer. II. Definitions For the purpose of this policy, the following definitions apply: A. Vehicle: A motor vehicle or watercraft owned, leased or otherwise the property of the State of Minnesota or a political subdivision. B. Lights: Refers to headlights, taillights and marine navigational lighting as referenced in MN Statutes, Sections 84.87, 84.928, 169.48 to 169.65 and 86B.511. III. Procedure A peace officer may not operate a vehicle without lights: A. On an interstate highway B. At speeds greater than what is reasonable and prudent under existing weather, road and traffic conditions C. Faster than the posted speed limit D. In situations where the peace officer is an active participant in the pursuit of a motor vehicle in violation of MN Statutes, Section 609.487 E. Contrary to the elements of MN Statutes, Section 169.541 Only sworn full time police officers while in the performance of their duties may operate a law enforcement vehicle without lights. 316 Page 33 The officer decision and conduct in operating his/her vehicle without lights must be reasonable and must be consistent with the standards adopted by the POST Board. The officer must reasonably believe that operating a vehicle without lights is necessary under the circumstances to investigate a criminal or suspected criminal violation of state laws or local ordinances. Routine random patrol without lights is precluded by this policy. Officers may park vehicles alongside or adjacent to roadways without lights illuminated to monitor traffic. However officers may not conduct moving traffic patrol without lights. 317 Page 34 G.P.1.15 Effective Date: January 1, 1987 Revised: November 2009 Warrant Checks and Arrests PURPOSE: Precautions must be taken when restricting the freedom of movement of a subject under his/her control. This is particularly true when warrant information dictates an on -scene arrest. The purpose of this policy is to reduce the likelihood of assault on officers. PROCEDURE: 1. Officers requesting a warrant check must give their location. 2. Whenever possible, the subject under consideration should be required to remain in his or her vehicle while the warrant check is being made. This will eliminate the monitoring of radio transmissions. 3. If the dispatcher has information for the officer which should be for the "officer only", the dispatcher will ask the officer if he/she is 10-12. The officer should understand that the dispatcher has information about the person(s), such as an outstanding warrant, suspects in a crime, etc. If the officer wants the information, he may tell the dispatcher “negative” or “go ahead” and the dispatcher may air the information. If the officer does not want the information broadcast immediately, he/she should respond “10-4” or “standby” when asked if 10-12. The dispatcher must hold the information until specifically told by the officer to go ahead with the information. When a dispatcher asks an officer about a 10-12 status, this should be an alert to other cars. Other officers should start moving toward their fellow officer's location for backup. 318 Page 35 G.P.1.16 Effective Date: January 1, 1987 Mutual Aid Requests and Responses PURPOSE: To assist Departments by allowing resources of one police agency to be utilized by another police agency in circumstances that call for additional resources. The Mutual Aid Pact is not restricted to providing resources only in critical incidents. PROCEDURE: In responding to mutual aid requests, the on-duty supervisor or OIC has authority to determine if assistance can be provided and the amount of assistance the Department can provide. The officers responding to mutual aid requests will be under the direction of the supervisor or OIC of the community requesting assistance. 319 Page 36 G.P.1.17 Effective Date: January 1, 1987 Detaining Suspects Wanted by Other Police Agencies PURPOSE: To establish a policy for requests by other agencies to stop individuals on their probable cause. PROCEDURE: This Department honors all probable cause pickup orders from other police agencies. Some of these probable cause pickup orders are TWX messages and some are verbal over the telephone or police radio. 1. When possible, Golden Valley supervisors should contact the requesting department and obtain as many facts as possible about the suspect and the case. There may be instances when supervisors may realize that the request does not contain the appropriate probable cause. If this fact emerges, the supervisor will then re-evaluate the request. 2. The person taking the request will inform the requesting agency that an official document will be needed by this Department concerning the suspect's name, description, or whatever information the arresting agency has along with the type of crime involved and the specific request made of this Department. 320 Page 37 G.P.1.18 Effective Date: December 29, 2000 Revised: May 7, 2008 August 6, 2019 Motor Vehicle Pursuits Purpose: To clearly describe the policies and procedures of the department, and the roles and responsibilities of officers, dispatchers, and supervisors involved in a motor vehicle pursuit. Policy: Sworn police officers will pursue and apprehend all violators or suspected violators of the law with due regard for the safety of the public, other law enforcement officers involved, the pursued driver and pursued vehicle passengers, and themselves in accordance with applicable department policies and state statutes. I. Definitions and Procedures A. Motor vehicle pursuit: An illegal attempt by a driver of a motor vehicle to flee from and elude an officer after having been ordered or signaled to stop by the officer. The driver of the pursued vehicle is in violation of Minnesota Statute 609.487, Fleeing a Peace Officer in a Motor Vehicle. B. Primary pursuit unit: The unit which initiates the pursuit, though may be replaced later by a unit closest to the fleeing vehicle. C. Secondary units: These units are the second and third police units in direct pursuit of the fleeing vehicle. These units follow the primary unit at a safe distance and may assume the role of primary unit or assist when the fleeing vehicle is stopped. D. Back-up units: Other police units participating in the pursuit but not in the direct pursuit of the fleeing vehicle. These units may operate emergency equipment and get in position to assist in stopping the fleeing vehicle or assist at the stop of the fleeing vehicle. E. Unmarked vehicles: If an unmarked vehicle initiates a pursuit, the unmarked unit shall withdraw and serve as a back-up unit when a marked patrol unit gets into position to assume the primary pursuit role. The unmarked unit should proceed to the stop of the fleeing vehicle to assist. An unmarked vehicle is defined as a detective vehicle. F. Aid to injured persons: If a person is injured during the course of a pursuit, assistance will be provided at the direction of the primary pursuit unit and the supervisor. This assistance will be provided by the appropriate ambulance service and other officers as directed. 321 Page 38 II. Roles and Responsibilities A. Primary pursuit unit: Upon initiating a pursuit this unit will have the following responsibilities: 1. Displaying emergency lights and sounding siren. 2. Notifying the dispatcher of the involvement in a pursuit and the following: • Location of: fleeing vehicle, and direction of travel and speed • Reason for the pursuit. • Complete vehicle description including license number, and occupants. 3. Frequent updates of the pursuit's direction and location are required for notification of other units and evaluation of the situation by the supervisor. The primary unit may assign communications responsibility to the secondary unit. 4. This unit is responsible for the pursuit tactics used and evaluation of the pursuit situation and hazards. 5. Should the pursuit leave the local dispatch area, the dispatcher will direct any change in cross-patching of channels for proper communication. B. Dispatcher's responsibilities: See Hennepin County Sheriff’s Office Dispatch Protocol C. Supervisor's Responsibility: The supervisor or officer-in-charge on duty has authority which supersedes all other officers involved in the pursuit. 1. The supervisor will monitor the pursuit from initiation to conclusion, coordinating police units in the pursuit as appropriate. 2. The supervisor will ensure affected inter-jurisdictional agencies are notified. 3. The supervisor will evaluate the information received during the pursuit, justifying its continuance, and ensuring the appropriate number of units is involved. The supervisor has the authority to order the discontinuance of the pursuit. 4. When practicable the supervisor will proceed to the termination point to ensure appropriate investigations are conducted. 5. The supervisor will notify the Patrol Commander when practicable, of any pursuits involving personal injuries or property damage. III. Pursuit Procedures and Tactics A. Pursuit Units/Pursuits Leaving Our Jurisdiction Only the primary unit and secondary units will be in direct pursuit of a fleeing motor vehicle. If the pursuit should leave the City jurisdiction, then only these units are authorized to leave the City unless other units are directed by the supervisor to assist. The primary unit will update the dispatcher with critical information before leaving the jurisdiction in a pursuit. The primary unit shall remain the primary unit in other jurisdictions unless the supervisor transfers the pursuit authority to another jurisdiction. B. Firearms Use Firearms use during pursuit situations will be consistent with Department Use of Force and Firearms Policy G.P. 8.09. 322 Page 39 C. Intentional Striking of a Pursued Vehicle. The intentional striking of a pursued vehicle with a police squad is a strategy which may be used to attempt to terminate a pursuit. Our primary concern in a pursuit is th e safety of the public and our efforts will be directed toward stopping the pursued vehicle as soon as possible. Once an officer is certain that a subject is starting to flee, the officer should immediately seek and use opportunities to end the pursuit with the pursuit intervention technique. Early proper use of this technique will accomplish the dual goals of safety to the public and arrest of the subject. The intentional striking, vehicle to vehicle contact, will be in conformance with the Department Use of Force Policy and will be documented in Golden Valley Police Department police reports. Unmarked detective vehicles should not be used for the intentional striking of a pursued vehicle. 1. Pursuit Intervention Technique(PIT) This is a tactic which is used to misdirect and spin sideways a pursued vehicle so that it may be stopped. All officers who are authorized to pursue violators will receive and successfully complete training in the pursuit intervention technique. In the decision to use this technique the officer must consider his/her own safety, the safety of the public, and of the violator in determining the location to apply the technique in order to terminate the pursuit. 2. Other Vehicle Contact Methods Officers are not limited to the PIT technique for vehicle to vehicle contact. Other methods of vehicle contact may be used by officers should the opportunity present itself in order to shorten or terminate a pursuit. These may include but are not limited to, pushing the vehicle from behind to box it in, pushing it sideways against a guardrail, or blocking the doors of the pursued vehicle upon its slowing or stopping so that passengers may not exit and escape on foot. The intent of these methods is not to injure pursued suspects, unless the officer is in a deadly force justified situation, but to terminate the pursuit for the safety of the public on the roadways. D. Roadblocks. 1. A roadblock may be employed when the fleeing vehicle constitutes an immediate and continuing serious hazard to life and public safety, and other efforts to terminate the pursuit have failed. 2. In all instances when possible and practicable roadblock location and deployment will be approved by a supervisor before implementation. 3. Moving roadblocks may be necessary in some situations. The goal is to box in the subject and gradually reduce speed until a stop is accomplished. E. Air Support During a pursuit of some duration, assistance from air support may be requested by the supervisor or units involved. If air support is available it will be used appropriately to assist in following the suspect vehicle and to aid the ground units. F. Assisting Other Agencies/Inter-jurisdictional Pursuit. 323 Page 40 When a pursuit enters this department’s jurisdiction the dispatcher will notify the shift supervisor with the available information. Golden Valley officers should monitor the pursuit and prepare to assist should the pursuit end in Golden Valley, but shall not become actively involved simply because the pursuit passes through Golden Valley unless: 1) another agency requests our assistance and there are fewer than (3) squads pursuing the suspect vehicle or 2) if directed to assist by a Golden Valley supervisor. If another agency terminates a pursuit in Golden Valley, Golden Valley Police Department officer shall also stop pursuing the vehicle unless: 1) The suspect(s) are wanted for a violent felony; 2) The vehicle is stolen; 3) The suspect’s driving behavior is causing extensive property damage or threatening personal injury to the public When assisting another agency with their pursuit, Golden Valley Police Department officers shall only use P.I.T. under the following circumstances: 1) When requested by another agency and 2) The suspect(s) are wanted for a violent felony; 3) The pursuit remains in Golden Valley for a protracted period of time and the suspect’s driving behavior is causing extensive property damage or threatening personal injury to the public and 4) The P.I.T. is approved by a Golden Valley supervisor. G. Discontinuing the Pursuit/Standards for Evaluation of Pursuits The primary unit and the supervisor have responsibility, once a pursuit is initiated, to determine if a pursuit should be continued or not. Officers should make every reasonable effort to apprehend the fleeing violator. However, the pursuit should be abandoned when there is an unreasonable danger to the officer and others that outweighs the necessity for immediate apprehension. The primary officer and supervisor may consider, but not limit themselves to, the seriousness of violations involved, the volume of traffic and time of day, the location of pursuit, the weather and road conditions, whether passengers other than sworn police officers are in the police vehicle, and the ability to identify the suspect and apprehend at a later time, when deciding to discontinue a pursuit. H. Termination of Pursuit. The primary unit officer is responsible for the arrest of the suspect when the suspect voluntarily stops or becomes involved in an accident. The secondary units will assist the primary unit and broadcast the termination of the pursuit to other units. In order to reduce the possibility of injury to the officer, as well as the suspect, all pursuit stops will be conducted as high-risk stops. I. Pursuit Follow-up. 324 Page 41 A. Reports Required. All pursuits will be documented with a Fleeing a Police Officer offense report by the primary officer, and assisting officers as needed. The report must contain the following elements: 1. the reason(s) for, and the circumstances surrounding the incident; 2. the offenses involved; 3. the length of the pursuit including time and distance; 4. the outcome of the pursuit; 5. any injuries or property damage resulting from the incident; and 6. any pending criminal charges against the driver. A State of MN Pursuit Report form will be completed and forwarded to the Commissioner of Public Safety within 30 days following the incident. B. Recording of Pursuits. Any video related to the pursuit will be returned along with a copy of the radio transmissions. C. Post Pursuit Analysis/Evaluation and Critique: All pursuits will be reviewed by supervisors, and post-pursuit briefings involving supervisors and officers will be held in order to conduct an analysis of the pursuit procedures and tactics followed. This post-pursuit briefing will be conducted by a commander or the chief. IV. Officer Training A. Supervisors are responsible for training their officers in the contents and application of this policy. Newly employed officers will receive training in regards to this policy during the Field Training Program. B. The department will utilize available classroom and hands-on training for officers and update their training as required by MN Statutes and MN POST rules. References MS 169.01 .......... Definition of Authorized Emergency Vehicle MS 169.03 .......... Emergency Vehicles; Application MS 169.17 .......... Emergency Vehicles MS 169.20 .......... Yield to Emergency Vehicle. MS 609.06 .......... Authorized Use of Force. MS 609.066 ........ Authorized Use of Deadly Force by Peace Officers. MS 609.487 ........ Fleeing a Peace Officer in a Motor Vehicle MS 626.5532....... Pursuit of Fleeing Suspects by Peace Officers MS 629.34 .......... Police Powers. 325 Page 42 G.P.1.19 Effective Date: March 1, 1988 Emergency Operation of Police Vehicles Purpose: To establish policies and procedures regarding emergency operation of police vehicles in order to achieve an expeditious response to emergencies where immediate police presence is required, including medical emergencies, traffic accidents, crimes in progress, and assistance to another law enforcement officer. I. Emergency Vehicle Operation Procedures: A. Officers shall drive with due regard for the safety of all persons and weigh hazards in their consideration of traffic laws and their authority to disregard traffic laws. B. An officer is authorized to consider and override traffic laws in response to emergency calls, in pursuit of a fleeing vehicle, and while attempting to obtain evidence of an offense. C. Intersections. Upon approaching a red semaphore or stop sign an officer shall slow down as necessary for safety and proceed cautiously after sounding an audible signal by siren and displaying red lights. An officer may also enter against the direction of traffic on a one way street to facilitate traveling to the area in which an emergency has been reported. D. Speed Limitations. Speed limitations set forth in State Statutes 169.14 to 169.17 do not apply to emergency vehicles when responding to emergency calls while sounding a siren and displaying red lights. Officers shall drive with due care to ensure their arrival at the scene. E. Officers may exceed the speed limit without operating red lights and siren in order to obtain evidence of an offense, however the officer shall attempt to stop the suspect once the elements of the violation are observed. F. It is recognized that there are incidents which require an immediate response when use of a siren can have adverse effects on the situation, including alerting crime suspects and endangering officers. When responding to such in progress calls as burglary, robbery, etc., the officer must consider citizens as well as officer safety in care fully weighing the risks involved against the necessity of not alerting the criminals. The officer should consider road and weather conditions, the time of day, and the traffic volume. G. Number of Officers Responding. Responding officers should coordinate response to emergencies so that no more than the appropriate number of squads for the reported situation are en route to the call in an emergency mode. Upon arrival at the scene the first 326 Page 43 officer(s) may request additional assistance, or the on-duty shift supervisor can direct additional units to proceed to the location. H. Emergency Parking. Upon arriving at an emergency situation officers may park their vehicles in an appropriate manner for the situation, overriding parking statutes or ordinances in order to protect the scene, evidence, or injured parties, or to prevent further injury or accident. II. Officer Responsibilities: A. Officers should evaluate all known aspects of an emergency situation in determining their response, appropriately balancing the need for a rapid arrival with safety considerations. B. Police officers responding to emergencies may override traffic laws - but must do so in a manner which will not jeopardize unreasonably the safety of others. III. Supervisor Responsibilities: A. The supervisor or OIC shall monitor emergency calls and evaluate the appropriate response modes for squads, directing units when necessary. B. Upon being notified that an emergency response has been initiated the supervisor shall verify that the response mode is appropriate, the correct number of units are involved in the response, and if applicable, that affected adjacent agencies are notified. References: MS 169.01 Definition of Authorized Emergency Vehicle MS 169.03 Emergency Vehicles; Application. MS 169.17 Emergency Vehicles. MS 169.20 Yield to Emergency Vehicle. 327 Page 44 G.P.1.20 Effective Date: January 1, 1987 Revised: July 2008 Fire Scene Responsibilities PURPOSE: On duty response will dictate in most instances that the police arrive first on the scene. The primary responsibility is life-saving, first aid and protection of property until relieved by the Fire Department. PROCEDURE; Primary Responsibilities 1. Make every effort to determine if any persons are within the involved structure. 2. If smoke and heat is minimal, attempt rescue if necessary. 3. If heavy smoke and heat is apparent, do not attempt a rescue unless there is clear evidence that the rescue attempt is critical to the life of an individual. The chances, without breathing apparatus, of entering a building with heavy fire involvement, finding the victim, and making a safe exit for both yourself and the victim are clearly limited. Therefore, where these conditions do exist it may be in the best interest of your own safety and the chances of effecting a successful rescue to wait for the arrival of the Fire Department. 4. Do not open doors and windows unless a rescue attempt is to be made. 5. Being aware of the possibility of arson or other crimes and keeping alert for possible suspects at the scene. II. Secondary Responsibilities 1. Protecting bystanders from becoming victims. 2. Identifying and flowing hydrant(s) 2. Protecting Fire Department equipment. 3. Controlling crowds. 4. Controlling traffic. 5. Short term post fire scene protection. 328 Page 45 G.P.1.21 Effective Date: August 1, 1995 Revised: November 2014 Response to Reports of Missing Children and Endangered Persons PURPOSE: The purpose of this policy is to establish guidelines and responsibilities for the consistent response to, and investigation of, all reports of missing and endangered persons as defined in Minnesota Statutes, Chapter 299C.52. POLICY: This agency recognizes that there is a critical need for immediate and consistent response to reports of missing and endangered children. The decisions made and actions taken during the preliminary stages have a profound effect on the outcome of the case. Therefore, our department has established the following responsibilities and guidelines for the investigation of missing and endangered children. All officers employed in the department will be informed of, and comply with, the following procedures. After the department has received a report of a missing child, obtained the basic facts of the case, descriptions of the missing child and abductor (if known), and determined there is sufficient evidence to believe that the child is endangered, officers will respond according to the following five types of general procedures: (1) Initial Response, (2) Initial Investigation, (3) Investigation, (4) Prolonged Investigation, (5) Recovery/Case Closure. The facts surrounding each missing and endangered child report will dictate when the procedures are warranted and what the order and priority should be in each of the five categories. However, each of the procedures must be carried out as circumstances warrant and many of the steps will need to be done simultaneously. DEFINITIONS: Missing: According to Minnesota Statutes, Chapter 299C.52, Subd. 1, (d) missing means “the status of a person after a law enforcement agency that has received a report of a missing person has conducted a preliminary investigation and determined that the person cannot be located.” 329 Page 46 Endangered: According to Minnesota Statutes, Chapter 299C.52, Subd. 1, (c) endangered means that “ a law enforcement official has received sufficient evidence that the missing person is at risk of physical injury or death.” Child: According to Minnesota Statutes, Chapter 299C.52, Subd. 1, (a), child means “any person under the age of 18 years or any person certified or known to be mentally incompetent.” Sufficient Evidence: means articulable facts and circumstances which would induce a reasonably prudent police officer to believe that a crime has been or is about to be committed. NCIC: means the National Crime Information Center. CJIS: means the Criminal Justice Information System. PROCEDURES: I. INITIAL RESPONSE PROCEDURES A. The initial officer assigned to the call by dispatch will proceed to the scene and conduct a preliminary investigation including interviewing the person(s) who made the initial report and determine when, where, and by whom the missing child was last seen. The officer will interview the person(s) who had the last contact with the child and obtain a detailed description of the missing child/abductor/vehicles/etc., as each applies to this case. If there is a crime scene, the officer should secure it and request investigative and supervisory assistance as necessary. Officers should ensure that initial information is broadcast to on-duty personnel in our department and descriptive information of the missing child sent via the telecommunication system to other surrounding law enforcement agencies. The Minnesota Crime Alert Network may also be used to alert local police agencies. The officer should notify the family of the crime victim of crime victim services which are available in our area and may consider implementing mutual aid assistance or assistance from the media as necessary. B. From the officer’s initial report, the NCIC missing person file should be loaded with complete descriptive information regarding the missing and endangered child. Also the NCIC system should be loaded with the complete descriptive information available regarding the suspect(s). C. As required by Minnesota Statute, Chapter 299c.53, Subd. 1, our agency will contact the Bureau of Criminal Apprehension regarding this incident and request assistance as necessary. 330 Page 47 II. INITIAL INVESTIGATION A. The initial investigation will include a search of the home or building where the incident took place and to conduct a search including all the surrounding areas. The officers should obtain a consent to search or a search warrant if necessary. Everyone at the scene should be identified and interviewed separately and a neighborhood/vehicle canvas should be conducted. B. During this time period an investigator will be assigned to the case to coordinate the investigation. III. INVESTIGATION A. Depending on the type of case and investigation, a Command Post/Operation Base should be set up away from the child’s residence or the scene of the incident. The ability to “trap and trace” all incoming calls to victim’s residence should be established if it would assist in the case. B. The investigator(s) assigned to the case may consider the following tasks in conducting the investigation: 1. Compile a list of known sex offenders in the region. 2. Obtain child protective agency records for reports of abuse on the child. 3. Review records for previous incidents related to the missing child and prior police activity in the area, including prowlers, indecent exposure, attempted abductions, etc. 4. Obtain the child’s medical and dental records. 5. Update the NCIC missing person file with any additional information regarding the child or suspect(s) as necessary. 6. Interview delivery personnel, employees of gas, water, electric, and cable companies, taxi drivers, post office personnel, sanitation workers, etc. 7. Contact the National Center for Missing and Exploited Children (NCMEC) for photo dissemination, and other case assistance. 8. Determine if outside help is necessary for specialized investigative needs such as assistance from the Minnesota Bureau of Criminal Apprehension, the FBI, Minnesota Crime Alert Network, and assistance with ground searches. IV. PROLONGED INVESTIGATION A. Investigators may seek assistance in developing a profile of the possible abductor, consider the use of polygraph for the parents and other key individuals, and review the entire case file including re-visit the crime scene and re-examine physical evidence in order to attempt to develop new areas of investigation. B. Investigators may also arrange for periodic media coverage and consider utilizing rewards and the Crime Stoppers Program. V. RECOVERY/CASE CLOSURE A. If the child is recovered, then a comprehensive physical examination should be arranged and a careful interview of the child with all the appropriate agencies should be conducted. 331 Page 48 B. The family should be referred for effective reunification assistance. C. The case should be removed from NCIC and other information systems and a post-case critique should be performed to re-assess the procedures used and the policy should be updated as appropriate. 332 Page 49 G.P.1.22 Effective Date: January 1, 1987 Revised: March 16, 1999 November 2009 November 2014 Use of Handcuffs and Transportation of Prisoners PURPOSE: 1. For the safety of the prisoner. 2. To reduce the possibility of a prisoner escaping. 3. For the safety of the police officer. PROCEDURE: 1. Handcuffing of Prisoners Circumstances that justify the use of handcuffs are: A. All prisoners who are arrested for the commission of a felony. B. All prisoners who are belligerent or potentially dangerous. C. High escape risks. D. In all other instances when the police officer believes it is appropriate to handcuff the prisoner for the safety of both the prisoner and the police officer. Handcuffs will be checked for tightness/fit and will be double-locked. 2. Prisoner Searches All prisoners are to be searched thoroughly. Searches shall generally be conducted by same sex personnel. If this assistance is not available, the search may consist of: A. Search of outer garments (coat, jacket, etc.), and/or pat down. B. Search of purse or bags. C. If there is reason to believe that the prisoner is concealing evidence or a weapon in a manner which makes it inappropriate to search, the prisoner should remain handcuffed and under observation until such time as they can be searched by same sex personnel. 3. Transportation of Prisoner Prior to transporting prisoners, the back seat area of the squad car will be checked for evidence or weapons. This same check will be conducted at the end of the transport. Prior to transporting opposite sex prisoners, the officer conducting the transport will notify the dispatcher of the following: A. Notification of departure and starting mileage. 333 Page 50 B. Notification of arrival and ending mileage. C. Activation of squad camera recoding system to record the entire transport. 334 Page 51 G.P 1.23 Effective Date: November 14, 1995 Amended: March 1, 1999 February 20, 2002 June 10, 2005 November 2009 November 28, 2011 September 19, 2014 September 15, 2016 November 3, 2016 April 5, 2017 Booking and Detention Purpose To establish rules and regulations in accordance with applicable State Laws and Department of Corrections rules regarding the booking and confinement of prisoners. Classification The Golden Valley Police Department holding facility shall be a Class III facility used to conf ine prisoners for no more than 16 hours. Emergencies and Special Incidents A state of emergency may be declared to suspend any of the below rules so long as the safety and wellbeing of prisoners is not affected. A report shall be made to the Hennepin County Sheriff’s Office and the Minnesota Department of Corrections in case of such declaration. The Fire Alarm for the building is monitored by staff 24 hours per day. In addition, a building panic alarm is monitored by an outside UL certified alarm company. In case of a fire alarm, the alarm panel will sound an alarm and a printer will record the location of the sensing device. The staff person will also have full audio and video communication with the secure area to identify the exact location of the emergency, as well as a building wide paging system. The cells can only be opened by a key, and the booking area is accessed through a card reader outside and a keypad inside. The monitoring person will notify dispatch and the shift supervisor. The bookin g officer or other officer assigned will manage an evacuation. The first refuge for prisoners in the event they have to be moved is the Sally Port. If the Sally Port must be evacuated, the second refuge is the detached squad garage. Sally Port access is controlled through remote controls in the cars, or by the monitor. In case of special incidents, the monitoring person will immediately notify the booking officer, shift supervisor, or other assigned officer. Reports shall be prepared in accordance with statutory requirements, and appropriately reported. 335 Page 52 Emergency Drills The shift supervisor shall conduct quarterly drills with appropriate personnel, reviewing all areas of the emergency plans and procedures in this policy and other appr opriate policies and procedures and document the review on the daily log. On the next page is a floor plan locating emergency alarms, exits, and fire extinguishers. 336 Page 53 Personnel Booking Officers shall have primary responsibility for prisoners while they are confined in the lockup area. The continuous external monitoring of prisoners shall be done by staff assigned to the monitoring area. This is primarily a function of the Commu nity Service Officer assigned to the front desk. The monitoring responsibilities shall include both audio and visual monitoring of the entire booking process. This monitoring will begin when a prisoner is first brought into the Sally Port, and will continue until the prisoner is placed in the cell. In addition to State and local requirements for prisoner monitoring, personnel shall provide continuous monitoring to insure the safety and welfare of the booking officers. Continuous, direct audio and visual monitoring will occur until such time as the booking is complete, and the Community Service Officer assigned to the front desk will remain at that post throughout the process. 337 Page 54 The staff person on duty shall be capable of responding to reasonable needs of prisoners. Opposite Gender Monitoring In cases where prisoners are being monitored by opposite gender staff, all reasonable efforts shall be made to preserve the dignity and privacy of the prisoner. This shall include refraining from performing unannounced opposite gender prisoner checks or other surreptitious observation, unless the welfare of the prisoner outweighs the need for privacy. Training These policies shall be reviewed with staff at least quarterly Employees assigned to monitor the facility shall receive regular in service training on policies and procedures. Each employee shall receive training in first aid and CPR. Included shall be procedures for responding to health threatening situations of prisoners within 2-4 minutes, recognition of signs and symptoms and knowledge of action required in potential emergency situations and methods of obtaining assistance; recognition of signs of mental illness, and appropriate procedures, and prevention of communicable diseases. Training records shall be maintained for all personnel as outlined in this section. Records and Reports Booking sheets shall be prepared on all prisoners booked and/or confined in the facility. A copy of that form is included in the policy. Each prisoner detained at this facility is documented by computer in the Minnesota Department of Corrections Detention Information System as prescribed by State Law, and the D.O.C. In addition, all data on prisoners is entered and retained in the local records data management system. Reporting of Special Incidents 1. In accordance with State Statute 241.021 and Administrative Rules (2910.3300) regulating detention facilities, incidents of a special or serious nature which endanger staff, prisoners, or the physical building shall be reported to the Department of Corrections within ten (10) days. 2. Special incidents include suicide, homicide, or other deaths; serious injury or illness, escape or runaway; fire causing serious damage, riot, assault requiring medical care, other serious disturbances, and occurrences of infectious diseases. 3. Special incidents shall be reported on forms provided by the Department of Corrections. This form is available from the Operations Commander and be available as needed. All prisoner personal property shall be sealed in a paper property bag located in the lockup. This shall be done in the presence of the prisoner. Upon release, the prisoner shall retrieve the 338 Page 55 contents from the sealed bag. In cases where property is seized, the officer shall prepare a property sheet and the prisoner shall receive a receipt copy upon release. Prisoner Welfare When feasible, prisoners shall he housed one per cell, however circumstances may dictate deviation from this guideline. In all cases, prisoners will be separated by sex. Juveniles age 14 and over who have committed a crime can be housed in the booking facility, unless adult prisoners are present in the facility. Juveniles cannot be housed within a secure perimeter with adults and must be out of sight and sound of adult prisoners. Juveniles ages 10 to 13 who have committed a crime shall be housed in the juvenile holding room. Juveniles who have committed a status offense cannot be housed in the booking cells or in the juvenile holding room. Juveniles cannot be held longer than 6 hours. Prisoner rules of behavior shall be posted in the booking room and sally port. Each prisoner shall be advised of the charge against him/her. Restraints may be used for prisoners detained as a precaution against escape during transfer, as directed by a medical professional to protect against injury or property damage. Officer reports shall document restraint use. Restraints will not be applied for any time longer than is necessary. Restraints must not be used as punishment. Prisoners may be allowed to retain their clothing and personal property with the exception of outer wear, footwear, belts, neckties, and other items identified by the booking officer as potentially dangerous. At times when the booking officer deems it necessary for evidentiary or safety purposes, the prisoners' clothes and property may be taken. In that case, the prisoner will be given appropriate attire provided by the booking officer Prisoners are allowed non-monitored audio visits with the prisoner's attorney. Juvenile prisoners shall be allowed visits by parents or guardians as administratively unrestrictive as possible. The initial visit of juveniles for parents, guardians, or attorneys shall be permitted at any time . Prisoners shall be allowed private meetings for family problems with clergy, nuns, seminarians, and laypersons active in community church affairs, who provide appropriate credentials, to the extent that such visits do not compromise the facility’s security. All visitors must register with the shift supervisor, giving full name, date of birth, address, relationship to prisoner, and nature of business. Prisoners will be issued, upon request or after eight hours, laundered or new, fire retardant blankets. 339 Page 56 In cases where blankets or clothing are removed as a result of misuse by the prisoner, the shift supervisor shall return the items to the prisoner as soon as it is deemed safe. Clothing and bedding should be removed from a prisoner only when the prisoner’s behavior threatens the health, safety, or security of self, others or property. Meals There must be no more than 14 hours between a substantial evening meal and breakfast. Where prisoners are not routinely absent from the facility for work or other purp oses. Prisoners in need of medically prescribed therapeutic diets shall not be held more than four (4) hours. Food will be provided by a locally licensed food service. Food must not be withheld as punishment. All meals must be served under the direct supervision of staff. Inmate Deaths In case of inmate death, an investigation and report consistent with department policy on death investigations will be done. When a prisoner’s death occurs, the date, time, and circumstances of the prisoner’s death must be recorded in the prisoner’s record. The Medical Examiner shall be immediately notified. The personal belongings of the inmate will be held for the appropriate legal or personal disposition. The records of the deceased will be retained as prescribed by law, and all pertinent laws shall be observed and appropriate investigating authorities shall have full access to all facts surrounding the death. Security The Sergeant on duty, or the shift supervisor shall insure the control and recovery of contrab and. That prisoners are being physically checked every thirty minutes, but on an irregular schedule; more frequent observation is required for those prisoners who are violent, suicidal, mentally disordered, or who demonstrate unusual or bizarre behavior. Such checks will be noted on the booking sheet. All weapons shall be checked prior to entry into the lockup area. Admissions Officers will activate the DVR system whenever they bring a suspect into the facility. A health assessment shall be done on each prisoner and noted on the booking sheet. Any special medical need or limitations, as well as any treatment shall be noted on the booking sheet. A shower is available for use if needed or if requested by a prisoner. All prisoners requiring administra tion or storage of medication shall be released from the facility, or transferred to the Hennepin County Jail. Staff will not administer drugs or medication. No legend drugs shall be stored on site. Any prisoner with suspected or known communicable disease will be released or transferred to the appropriate facility. Such action will be documented and reported to the Minnesota Department of Health. 340 Page 57 All prisoners shall be thoroughly searched. Prisoner’s personal property shall be inventoried and kept in the designated location and contraband will be removed. All prisoners booked for the following offenses or circumstances shall be fingerprinted with the Live Scan fingerprint system: • Persons arrested for a felony or gross misdemeanor offense. • Persons reasonably believed by the arresting officer to be a fugitive from justice. • Persons in whose possession, when arrested, are found concealed firearms or other dangerous weapons, burglary tools, or high-power explosives • Persons arrested for alleged to have committed targeted misdemeanor offenses as defined in Minnesota State Statute 299C.10. All prisoners booked, and not transferred to the Hennepin County Jail, shall be photographed with the digital imaging system. All outside Law Enforcement agencies using this facility for detention will adhere to all portions of this policy. In addition, the shift supervisor will ensure that the booking officer provides official identification, and proper documents that justify booking. Release All property taken from prisoners upon admittance, with the exception of contraband and evidence, shall be returned to the prisoner upon release or logged into the property room for safekeeping. This release shall be documented on the appropriate form. Prisoners shall be permitted to make arrangements for transportation upon release. The release of prisoners in inclement weather without proper clothing to ensure prisoners health and welfare shall be prohibited. Inspection and Prisoner Count Each sergeant or shift supervisor shall inspect the lockup area, including security locks, at the start of each shift. The inspection shall be documented on the Sergeant daily log and will note and detail any building or equipment deterioration, safety hazards, or unsanitary conditions. The duty sergeant or shift supervisor will ensure that a prisoner count is conducted at the following times: 0700 hrs., 1500 hrs., 1900 hrs., and 0300 hrs., and document the count on the daily log. All deliveries to the lockup shall be inspected prior to distribution, and no dangerous materials will be kept in the lockup. Locks and Keys The security keys for the cells shall be located in the property storage area directly across from the cells. In the event of an emergency, power outage or any other need to get into the lock-up 341 Page 58 area and security garage door, a spare key for the lock-up and emergency sally port side door shall be kept in the Patrol Sergeants’ Office in the key box. Access to all interior doors shall be by key pad. Each employee shall be assigned a code and all entries shall be documented on the security computer system. The keys for these locks shall be kept in the Patrol Sergeants’ Office. All locks and keys shall be tested on a regular basis. Health and Sanitation North Memorial Medical Center is the designated medical and dental resource, and ambulance service. Prisoners requiring medical attention will be transported to the appropriate facility prior to admission. A prisoner must be permitted daily washing: A shower is available if needed or requested by the prisoner. Delousing materials and procedures, if provided, must be approved through consultation with trained medical personnel. First Aid A first aid kit shall be located adjacent to the lockup facility. All prisoner illnesses or injuries shall be documented by police officers in their reports. Prisoners suspected of suffering from mental illness will be released from the facility or transferred to an appropriate facility. Such action will be documented in the officer’s report. Housekeeping The facility will be cleaned every day. All plant maintenance conditions will comply with all applicable rules and regulations of the State Building Codes, Fire Marshall’s Office, Dept. of Health, OSHA, and other applicable departments. Fire Marshall inspections shall be done annually. 342 Page 59 G.P.1.24 Effective Date: January 1, 1987 Revised: November 2014 Debriefing Sessions Felony Arrests and Unusual Misdemeanor Arrests PURPOSE: The purpose of the debriefing session is not to second guess officer's decisions. It is an opportunity for all of us to learn from our accomplishments and mistakes. Hopefully a constructive examination of our procedures will lead us to improve performance when we are involved in future felony arrests and unusual misdemeanor arrests. We must constantly strive to improve our procedures. PROCEDURE Supervisors will conduct debriefing sessions on felony arrests or unusual misdemeanor arrests. This session should be held a day or two after the arrest so that all participants can examine the case with objectivity. The supervisor will assemble the officers involved and discuss the following: 1. How was call received and broadcast? 2. How did officers respond to call? 3. Review action of original officer at scene. 4. Review actions of backup officers at scene. 5. Review actions of supervisory officers at scene. 6. Review evidence present to justify arrest. 7. Review evidence present to justify search. 8. Review process of arrest itself. 9. Review officer's safety at scene of arrest. What could suspect have done regarding resistance? What did suspect do? How did officers protect themselves or others at the scene? 10. Review transportation and booking procedures involving prisoner. 11. Review collections, preservation and transportation of evidence. 343 Page 60 G.P.1.25 Effective Date: January 20, 1997 Revised: November 2014 Completion of Daily Patrol Log and Squad Check PURPOSE: To outline guidelines for completion of officer daily patrol logs and for officers conducting their squad check prior to beginning patrol. 1. DAILY PATROL LOGS Officers will enter all traffic stops and extra patrol. Officers will document on their log all directed activities, breaks, and self-initiated activity which they perform during their shift to fulfill the department’s operational goals. 2. SQUAD CHECK Officers will complete an examination of their assigned vehicle prior to beginning patr ol to ensure the squad is fully equipped and is in a proper state of maintenance. The vehicle check includes the following: 1. Rear and front seats checked for trash or contraband at the beginning and end of the shift. 2. The oxygen tank contains at least 1200 lbs. of oxygen. 3. The following equipment is present: Flares Tape Measure Hydrant Wrench Properly Equipped 1st Aid Kit Charged Fire Extinguisher 4. The shotgun and AR15 rifle are loaded properly. 5. Any squad damage is reported to the sergeant or shift supervisor. 344 Page 61 G.P. 1.26 Effective Date: January 1, 2001 Revised: November 2009 November 2014 Traffic Accident Investigation PURPOSE: To establish our department policy and police officer responsibility for investigation of traffic accidents. BACKGROUND: Traffic accident reports and investigations completed by our police officers are forwarded to the Minnesota Department of Public Safety for data collection which is used for local, state and federal safety and highway improvement efforts. Copies of repor ts are provided for a fee to drivers, attorneys and insurance companies. POLICY: Officers will investigate and write an accident report on all traffic accidents in Golden Valley in which there are injuries, fatalities or over $1,000.00 aggregate total damages of the vehicles involved whether on public or private property. An exception to this policy exists when the MN State Patrol is on a state roadway in our city investigating an accident. 1. When officers investigate a personal injury accident with apparent serious injuries an offense report with narrative should be completed in addition to the state accident report. Officers are encouraged to take enforcement action against any driver who commits a driving violation which causes an accident. 2. An offense report will be written for all hit and run accidents regardless of the damage amount. 3. The sergeant or shift supervisor has the authority to suspend the writing/investigation of minor property damage accidents during extreme weather conditions. Officers will assist motorists in exchanging information and expeditiously clearing the roadway. 4. The sergeant of shift supervisor may utilize any other agency deemed necessary to assist in the investigation of any accident, including personal injury or fatal crashes. 345 Page 62 G.P. 1.27 Effective Date: October 2008 Revised: March 2013 November 2014 May 8, 2019 Use of Digital Audio/Video Recording Equipment in Police Vehicles & Booking/Interview PURPOSE: The purpose of this policy is to establish guidelines and procedures for the installation, operation, and use of police vehicle installed digital audio/video recording (DVR) equipment and to establish a retention schedule and classification of DVR evidence. The primary use of DVR equipment in police vehicles is f or the collection of evidence to be used in the prosecution of those who violate the law and provide objective evidence of police and subject actions during police operations. The DVR system may also be used as a training tool for officer safety and best practices in the Golden Valley Police Department. PROCEDURES: DVR equipment will be installed within the trunk of the patrol vehicles in accordance with the manufacturer’s recommendations and will be installed so as to not present a safety hazard Operators will assure that the camera’s view is not restricted. General Use 1. The DVR system must be logged into at the beginning and end of an operator’s shift. The operator is responsible for ensuring that the DVR equipment is operating correctly before utilizing the equipment. Any malfunctions or defects in the DVR equipment will be reported to the support services supervisor and the duty supervisor. 2. If the vehicle DVR system is found to be malfunctioning the operator should switch to a vehicle with a working DVR system unless otherwise directed by a supervisor. 3. Officers shall wear the assigned body cameras when performing their assigned duties or otherwise engaged in law enforcement activities, which also serves as the audio. 4. The DVR system is activated by the following: • The body camera • Activation on the camera and/or computer • The activation of the squad’s emergency lighting (2nd position) • The activation of the squad’s crash sensor • When using a squad, Officers, CSO’s shall activate the in-squad camera system when responding to all calls for service and field generated activities including, 346 Page 63 but not limited to, pursuits, Terry stops of motorists or pedestrians, arrests, searches, suspect interviews and interrogations, and during any police/citizen contact that becomes, or is anticipated to become adversarial. Activation of the BWC should activate the in-squad camera when in range. If the BWC was activated out of range or if the BWC did not activate the in-squad system, then there would be no expectation the in-squad camera was activated, and the system would revert back to the BWC video. However, Officers need not activate their cameras when it would be unsafe, impossible, or impractical to do so. • Whenever an incident fails to record activity that is required to be recorded under this policy or captures only a part of the activity, the Officer must document the circumstances and reasons for not recording in an incident report or CAD event (if no report is completed). Supervisors shall ensure in-squad camera use is in compliance with this policy when reviewing reports and CAD data, and initiate any correction action deemed necessary. 5. Officers may change the camera position at their own discretion for the following purposes: • To record their reasons for current or planned enforcement action • To record the actions of suspects during interviews or when placed in custody • To record circumstances at crime scenes or accidents • To record any other situation as warranted 6. Once recording begins, officers shall record the entire incident. Officers are not required to cease recording for anyone except at the officer’s own judgment or a supervisor’s discretion. At the conclusion of the incident, officers are responsible for properly classifying the incident for system retrieval and storage. 7. Officers will utilize the DVR system for in-custody interview/interrogations and reading of the Implied Consent. 8. Officers will activate the DVR system in booking whenever they bring a suspect into the booking facility. The DVR system should remain on while a suspect(s) is in custody, even when they are in the holding room areas. 9. Recording may be stopped during those situations where the police vehicle will be stationary for an extended period of time, such as directing traffic at emergency scenes and the officer determines there is no evidentiary need to continue recording. 10. Officers who record an incident will document in their reports that an incident has been recorded. CONTROL AND RETENTION 347 Page 64 1. Audio/video recordings generated are the exclusive property of the Golden Valley Police Department and shall be governed by the policy and law regulating government data. 2. The digital recordings are transferred to the system’s server from the wireless upload area of the police parking lot. The process is automatic and does not require the user to initiate the transfer. Upon file transfer completion the uploading server will verify all files have been transferred and initiate an in-car flash card memory erase. 3. Only the designated system administrator (s) has access to the DVR unit. 4. Officers are required to classify each of their recordings with the proper classification. 5. Classifications and retention periods are as follows: Classification Retention time Arrest 6 years Critical Incident Indefinite Interview 6 years Misc. Others 90 days Report 3 years Traffic/Citation & Warning 6 years Traffic/No Citation/Suspicious 1 year Training 90 days Video System Check 90 days Death Investigation/CSC Indefinite DVD Production 1. The Chief of Police must be advised of all media requests to view or obtain a copy of a digital video recording (DVR). 2. Requests by department personnel to have a DVD made of an incident will be routed through the Support Services Supervisor in a timely manner. 3. Outside requests for a DVD of an incident will be routed through the Support Services Supervisor and will be in accordance with policy and data practice law. A reasonable fee will be charged for producing a DVD. 4. Officers are encouraged to recommend to their supervisor recorded incidents that would be useful for Golden Valley Police Department in-service training. 5. When making a request for a copy of a case video, officers shall complete the “DVD Request Form” and indicate the reason for the request on the form. In general, copies of 348 Page 65 videos will not be given out until the case is closed and all evidence is considered public. The exceptions to this include, but are not limited to, court preparation, request by the prosecuting attorney or request by another law enforcement agency for specific case-related reasons. 6. Prosecuting attorneys may export videos to DVD when deemed necessary in the course of prosecution. Prosecuting Attorneys 1. Prosecuting attorneys may be granted access to the DVD back-end system for the sole purpose of viewing/exporting videos associated with cases that are being actively prosecuted or as otherwise authorized by the Chief of Police or his/her designee. 349 Page 66 G.P. 1.28 Effective Date: March 1, 2018 Revised: May 8, 2019 September 8, 2020 Body Worn Cameras PURPOSE: The primary purpose of using body-worn-cameras (BWCs) is to capture evidence arising from police-citizen encounters. This policy sets forth guidelines governing the use of BWCs and administering the data that is generated. Compliance with these guidelines is mandatory, but it is recognized that officers must also attend to other primary duties and the safety of all concerned, sometimes in circumstances that are tense, uncertain, and rapidly evolving. OBJECTIVES: The Golden Valley Police Department has adopted the use of portable audio/video recorders to accomplish the following objectives: A. To enhance officer safety. B. To document statements and events during the course of an incident. C. To enhance the officer's ability to document and review statements and actions for both internal reporting requirements and for courtroom preparation/presentation. D. To preserve audio and visual information for use in current and future investigations. E. To enhance the public trust by preserving factual representations of officer-citizen interactions in the form of audio-video recordings. F. To assist with the defense of civil actions against law enforcement officers and the City of Golden Valley. G. To assist with the training and evaluation of officers. POLICY: It is the policy of this department to authorize and require the use of department -issued BWCs as set forth below, and to administer BWC data as provided by law. SCOPE: This policy governs the use of BWCs in the course of official duties. It does not apply to the use of squad-based camera recording systems (policy G.P. 1.2.7) This policy does not apply to audio/video recordings, interviews or interrogations conducted at any Golden Valley Police Department facility, undercover operations, wiretaps, or eavesdropping (concealed listening devices) unless captured by a BWC. The chief or chief’s designee may supersede this policy by providing specific instructions for BWC use to individual officers, or providing specific instructions pertaining to particu lar events or classes of events including, but not limited to, political rallies and demonstrations. The chief or designee may also provide specific instructions or standard operating procedures for BWC use to officers assigned to specialized details, such as carrying out duties in courts or guarding prisoners or patients in hospitals and mental health facilities. 350 Page 67 DEFINITIONS: The following phrases have special meanings as used in this policy: A. MGDPA or Data Practices Act refers to the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq. B. Records Retention Schedule refers to the General Records Retention Schedule for Minnesota Cities. C. Law enforcement-related information means information captured or available for capture by use of a BWC that has evidentiary value because it documents events with respect to a stop, arrest, search, citation, or charging decision. D. Evidentiary value means that the information may be useful as proof in a criminal prosecution, related civil or administrative proceeding, further investigation of an actual or suspected criminal act, or in considering an allegation against a law enforcement agency or officer. E. General Citizen Contact means an informal encounter with a citizen that is not and does not become law enforcement-related or adversarial, and a recording of the event would not yield information relevant to an ongoing investigation. Examples include, but are not limited to, assisting a motorist with directions, summoning a wrecker, or receiving generalized concerns from a citizen about crime trends in his or her neighborhood. F. Adversarial means a law enforcement encounter with a person that becomes confrontational, during which at least one person expresses anger, resentment, or hostility toward the other, or at least one person directs toward the other verbal conduct consisting of arguing, threatening, challenging, swearing, yelling, or shouting. G. Unintentionally recorded footage is a video recording which results from an officer’s inadvertence or neglect in operating the officer’s BWC, provided that no portion of the resulting recording has evidentiary value. Examples of unintentionally recorded footage include, but are not limited to, recordings made in station house locker rooms, restrooms, and recordings made while officers were engaged in conversations of a non-business, personal nature with the expectation that the conversation was not being recorded. H. Official duties, for purposes of this policy, means that the officer is on duty and performing authorized law enforcement services on behalf of this agency. Use and Documentation 351 Page 68 A. Officers may use only department-issued BWCs in the performance of official duties for this agency or when otherwise performing authorized law enforcement services as an employee of this department. B. All police officers working uniform patrol, uniform special details, traffic duties, and uniform school resource duties shall use a BWC unless permission has been granted by a supervisor to deviate from this clause. Plain clothes investigators/officers are not required to wear and/or power on their issued BWC while conducting undercover or other authorized plain clothes details. Uniformed or plain clothes Command Staff are not required to wear or power on their BWC’s when discussing or participating in confidential personnel meetings. C. Officers who have deployed a BWC shall operate and use it consistent with this policy. Officers shall conduct a function test of their issued BWCs at the beginning of each shift to make sure the devices are operating properly. Officers noting a malfunction during testing or at any other time shall promptly report the malfunction to the off icer’s supervisor and shall notify the BWC administrator. As soon as is practical, the malfunctioning BWC shall be put down for service and the officer should deploy a working BWC. If a BWC malfunctions while recording, or is lost or damaged, a supervisor shall be notified and the circumstances documented in a police memorandum. D. Officers should wear their issued BWCs at the location on their body and in the manner specified in training. E. Officers must document BWC use and non-use as follows: 1. Whenever an officer makes a recording, the existence of the recording should be documented in an incident report or citation if completed. 2. Whenever an officer fails to record an activity that is required to be recorded under this policy or captures only a part of the activity, the officer must document the circumstances and reasons for not recording in an incident report or CAD event (if no report is completed). Supervisors shall ensure BWC use is in compliance with this policy when reviewing reports and CAD data, and initiate any correction action deemed necessary. F. The department will maintain the following records and documents relating to BWC use, which are classified as public data: 1. The total number of BWCs owned or maintained by the agency; 2. A daily record of the total number of BWCs actually deployed and used by officers; 3. The total amount of recorded BWC data collected and maintained; and 4. This policy, together with the Records Retention Schedule and policy. 352 Page 69 General Guidelines for Recording A. This policy is not intended to describe every possible situation in which the BWC should be activated, although there are many situations where use of the BWC is appropriate. Officers should activate the BWC any time the user believes it would be appropriate or valuable to record an incident. B. Officers shall activate their BWCs when responding to all calls for service and field generated activities including, but not limited to, pursuits, Terry stops of motorists or pedestrians, arrests, searches, suspect interviews and interrogations, and in our jail facilities or booking processes, and during any police/citizen contact that becomes, or is anticipated to become adversarial, or when a citizen demands to be recorded or initiates his or her own recording. However, officers need not activate their cameras when doing routine jail cell checks. Officers also need not activate their BWC when it would be unsafe, impossible, or impractical to do so, but such instances of not recor ding when otherwise required must be documented as specified in the Use and Documentation guidelines, part (E-2 above). C. Officers have discretion to record or not record general citizen contacts. D. Officers have no affirmative duty to inform people that a BWC is being operated or that the individuals are being recorded. E. Once activated, the BWC should continue recording until the conclusion of the incident or encounter, or until it becomes apparent that additional recording is unlikely to capture information having evidentiary value. The supervisor having charge of a scene may likewise direct the discontinuance of recording when further recording is unlikely to capture additional information having evidentiary value. If the recording is discontinued while an investigation, response, or incident is ongoing, officers shall state the reasons for ceasing the recording on camera before deactivating their BWC. If circumstances change, officers shall reactivate their cameras as required by this policy to capture information having evidentiary value. Any decision to discontinue recording shall be made with respect to the seven policy objectives. F. Officers shall not intentionally block the BWC’s audio or visual recording functionality to defeat the purposes of this policy. G. Recording may be temporarily ceased or the audio muted to exchange information with other officers, legal counsel, or the lens obstructed in order to avoid capturing images of undercover officers, informants, or citizens where based on training and experience, in the judgment of the officer recording, would not be appropriate or consistent with this policy. The reason to cease and resume recording (or to mute audio or obstruct the lens) will be noted by the officer verbally on the recorder or in a r eport. 353 Page 70 H. Notwithstanding any other provision in this policy, officers shall not use their BWCs to record other agency personnel during non-enforcement related activities, such as during pre- and post-shift time in locker rooms, during meal breaks, or during other private conversations, unless recording is authorized as part of an administrative or criminal investigation. I. In instances of non-recording, where recording was preferred or required, the officers shall consult with the supervisor who will take the BWC out of service. The BWC administrator will be notified and attempt to recover only applicable video from the BWC utilizing the record-after-the-fact function. This consultation should occur as soon as practical after it is realized that a recording was not captured. J. Formal statement from suspects, victims, and witnesses should still be recorded utilizing department-issued digital recorders for evidence and transcription. Special Guidelines for Recording Officers may, in the exercise of sound discretion, determine: A. To use their BWCs to record any police-citizen encounter if there is reason to believe the recording would potentially yield information having evidentiary value, unless such recording is otherwise expressly prohibited. B. Officers should use their BWCs and squad-based audio/video systems to record their transportation and the physical transfer of persons in their custody to hospitals, detox and mental health care facilities, juvenile detention centers, and jails, but otherwise should not record in these facilities unless the officer anticipates witnessing a criminal event, collecting evidentiary recordings, or being involved in or witnessing an adversarial encounter or use-of-force incident. Downloading and Labeling Data A. Each officer using a BWC is responsible for transferring or assuring the proper transfer of the data from his or her camera to the BWC server by the end of that officer’s shift. However, if the officer is involved in a shooting, in-custody death, or other law enforcement activity resulting in death or great bodily harm, a supervisor shall take custody of the officer’s BWC and consult with their supervisor to further proceed. That supervisor will document proper chain of custody in their report. B. Officers shall label the BWC data files at the conclusion of each video capture, and should consult with a supervisor if in doubt as to the appropriate labeling. Classification Retention time Arrest 6 years Critical Incident Indefinite 354 Page 71 Interview 6 years Misc. Others 90 days Report 3 years Traffic/Citation & Warning 6 years Traffic/No Citation/Suspicious 1 year Training 90 days Video System Check 90 days Death Investigation/CSC Indefinite C. In the event that a BWC data file is mislabeled by an officer, or additional information is gained that suggests a data file label should be changed, a request to change the label and reasoning for said change shall be forwarded to the BWC administrator. Administering Access to BWC Data: A. Data subjects. Under Minnesota law, the following are considered data subjects for purposes of administering access to BWC data: 1. Any person or entity whose image or voice is documented in the data. 2. The officer who collected the data. 3. Any other officer whose voice or image is documented in the data, regardless of whether that officer is or can be identified by the recording. B. BWC data is presumptively private. BWC recordings are classified as private data about the data subjects unless there is a specific law that provides differently. As a result: 1. BWC data pertaining to people is presumed private, as is BWC data pertaining to businesses or other entities. 2. Some BWC data is classified as confidential (see C. below). 3. Some BWC data is classified as public (see D. below). C. Confidential data. BWC data that is collected or created as part of an active criminal investigation is confidential. This classification takes precedence over the “private” classification listed above and the “public” classifications listed below. D. Public data. The following BWC data is public: 1. Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous. 355 Page 72 2. Data that documents the use of force by a peace officer that results in substantial bodily harm. 3. Data that a data subject requests to be made accessible to the public, subject to redaction. Data on any data subject (other than a peace officer) who has not consented to the public release must be redacted [if practicable]. In addition, any data on undercover officers must be redacted. 4. Data that documents the final disposition of a disciplinary action against a public employee. However, if another provision of the Data Practices Act classifies data as private or otherwise not public, the data retains that other classification. For instance, data that reveals protected identities under Minn. Stat. § 13.82, subd. 17 (e.g., certain victims, witnesses, and others) should not be released even if it would otherwise fit into one of the public categories listed above. E. Access to BWC data by non-employees. Officers shall refer members of the media or public seeking access to BWC data to the BWC administrator, who shall process the request in accordance with the MGDPA and other governing laws. In particular: 1. An individual shall be allowed to review recorded BWC data about him- or herself and other data subjects in the recording, but access shall not be granted: a. If the data was collected or created as part of an active investigation. b. To portions of the data that the agency would otherwise be prohibited by law from disclosing to the person seeking access, such as portions that would reveal identities protected by Minn. Stat. § 13.82, subd. 17. 2. Unless the data is part of an active investigation, an individual data subject shall be provided with a copy of the recording upon request, but subject to the following guidelines on redaction: a. Data on other individuals in the recording who do not consent to the release must be redacted. b. Data that would identify undercover officers must be redacted. c. Data on other officers who are not undercover, and who are on duty and engaged in the performance of official duties, may not be redacted. BWC Data Access by Law Enforcement Employees A. Access by peace officers and law enforcement employees. No employee may have access to the department’s BWC data except for legitimate law enforcement or data administration purposes: 356 Page 73 1. Officers may access and view stored BWC video only when there is a business need for doing so, including the need to defend against an allegation of misconduct or substandard performance. Except as provided in the critical incident response policy, officers may review video footage of an incident in which they were involved prior to preparing a report, giving a statement, or providing testimony about the incident. Officers shall not use the fact that a recording was made as a reason to write a less detailed report. 2. Supervisors may view recordings any time they are making inquiry into an alleged complaint, performance issue, or to ensure policy compliance. 3. Agency personnel are prohibited from accessing BWC data for non-business reasons and from sharing the data for non-law enforcement related purposes including, but not limited to, uploading BWC data recorded or maintained by this agency to public and social media websites. All instances of access to BWC data are digitally logged. Allegations of inappropriate access to BWC data will be investigated and discipline may be issued pursuant to the labor contract. 4. Employees seeking access to BWC data for non-business reasons may make a request for it in the same manner as any member of the public. B. Other authorized disclosures of data. Officers may display portions of BWC footage to witnesses as necessary for purposes of investigation as allowed by Minn. Stat. § 13.82, subd. 15, as may be amended from time to time. Officers should generally limit these displays in order to protect against the incidental disclosure of individuals whose identities are not public. Protecting against incidental disclosure could involve, for instance, showing only a portion of the video, showing only screen shots, muting the audio, or playing the audio but not displaying video. In addition, 1. BWC data may be shared with other law enforcement agencies only for legitimate law enforcement purposes that are documented in writing at the time of the disclosure. 2. BWC data shall be made available to prosecutors, courts, and other criminal justice entities as provided by law. Data Security Safeguards A. BWCs issued by the Golden Valley Police Department are designed and manufactured to prevent users from having the ability to edit, alter, or erase BWC data. The BWC system utilized is designed to automatically upload BWC data to a secure server located at a secure off-site facility. B. The BWC system will automatically keep a digital chain of custody noting the user, date, and time of access. 357 Page 74 C. Personally owned devices including, but not limited to, computers and mobile devices, shall not be programmed or used to access or view agency BWC data. D. Officers shall not intentionally edit, alter, or erase any BWC recording unless otherwise expressly authorized by the chief or the chief’s designee. E. As required by Minn. Stat. § 13.825, subd. 9, as may be amended from time to time, this agency shall obtain an independent biennial audit of its BWC program. Agency Use of Data A. Periodically, supervisors should review BWC usage by each officer to ensure compliance with this policy, including in areas of required recording and data labeling. B. In addition, supervisors may access BWC data for the purposes of reviewing or investigating a specific incident that has given rise to a complaint or concern about officer misconduct or performance. C. Nothing in this policy limits or prohibits the use of BWC data as evidence of misconduct or as a basis for discipline. D. Officers should contact their supervisors to discuss retaining and using BWC footage for training purposes. Officer objections to preserving or using certain footage for training will be considered on a case-by-case basis. Field training officers may utilize BWC data with trainees for the purpose of providing coaching and feedback on the trainees’ performance. Data Retention A. All BWC data shall be retained for a minimum period of 90 days. There are no exceptions for erroneously recorded or non-evidentiary data. B. Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous, must be maintained for a minimum period of one year. C. Certain kinds of BWC data must be retained for six years: 1. Data that documents the use of deadly force by a peace officer, or force of a sufficient type or degree to require a use of force report or supervisory review. 2. Data documenting circumstances that have given rise to a formal complaint against an officer. D. Other data having evidentiary value shall be retained for the period specified in the Records Retention Schedule. When a particular recording is subject to multiple retention periods, it shall be maintained for the longest applicable period. 358 Page 75 E. Subject to Part F (below), all other BWC footage that is classified as non-evidentiary, becomes classified as non-evidentiary, or is not maintained for training shall be destroyed after 90 days. F. Upon written request by a BWC data subject, the agency shall retain a recording pertaining to that subject for an additional time period requested by the subject of up to 180 days. The agency will notify the requestor at the time of the request that the data will then be destroyed unless a new written request is received. G. The department shall maintain an inventory of BWC recordings having evidentiary value. H. The department will post this policy, together with its Records Retention Schedule, on its website. Compliance Supervisors shall monitor for compliance with this policy. The unauthorized access to or disclosure of BWC data may constitute misconduct and subject individuals to disciplinary action and criminal penalties pursuant to Minn. Stat. § 13.09. 359 Page 76 G.P.1.29 Effective Date: December 1, 1993 Revised: July 2008 November 2014 Wintertime Callout Procedures The following procedures will be followed by the Street Division and the Police Department during the snow season: Communication: 1. Email: Public works staff will use email to contact GVPD front desk, Roll Call, and command staff to advise of relevant information in advance of storms. GVPD staff can respond to the email sender with any questions. 2. Phone: The on-call public works staff member is the point person for non-planned operations during non-working hours. During planned street maintenance operations, another public works staff member may be identified as the contact person and contact information provided (this will likely be the Street Maintenance Supervisor). 3. 800 MHz Radios: During street maintenance operations, public works staff will be monitoring the GVPD car-to-car talkgroup. Street Department: 1. Normal working hours are 0700 to 1500 year-round. 2. Beginning in November, two maintenance personnel will start their shift at 0600 to respond to road condition complaints. 3. Per City Code, no on-street parking is allowed between midnight (0000) and 0600 daily from November 1 through March 31. This ordinance went into effect for the first time November 1, 2014. On-street parking is also prohibited after a 2+ inch snowfall until the snow has stopped accumulating and the street has been plowed to the curb. 4. When working outside normal hours, dispatch, GVPD front desk, and Duty Sergeant will be notified by public works staff. Information provided will include staff start and end times, contact information for requests during operations, and any other relevant information. Staff will notify GVPD front desk and Duty Sergeant prior to leaving. 5. An on-call Public Works staff member is on-call year round. They are on for a week at a time, the change is on Wednesdays. Four different scenarios will likely occur during the winter season: a. Large snow event (2+ inches of accumulation) i. Since these events are usually forecasted at least 24 hours in advance, public works staff will communicate with Public Safety staff in advance to advise of the planned course of action. Information will include snow emergency declaration timeframe, when the plows will start, and any other relevant information. b. Small snow event (under 2 inches of accumulation) i. Since these events may be forecasted at least 24 hours in advance, public works staff will communicate with Public Safety staff in advance to advise 360 Page 77 of the planned course of action. Should actual weather be more significant than the forecast, the sergeant should call the on-call public works staff person to notify them of the conditions. c. City-wide hazardous conditions i. Should un-foreseen hazardous conditions occur across a significant portion of the City, the sergeant will call the on-call staff person to report the conditions. Public works staff will respond accordingly. d. Icy spots i. Spot locations may be identified as icy. The 0600 shift will contact the GVPD front desk daily (weekdays) to check for any areas of concern. Requests during normal business hours should be routed through the general public works number (763.593.8030). 361 Page 78 G.P.1.30 Effective Date: February 1, 1994 Updated: June 1, 1996 Revised: July 2008 November 2014 Juvenile Contacts The following procedure will be followed for juvenile contacts: Juvenile Warnings One copy will go to the juvenile detective for review. This copy may be forwarded by to the parents, if they have yet to be notified. Traffic Citations Misdemeanors will require an offense report. When a juvenile is cited, a form letter should be completed by the arresting officer and sent to the parents. Status Offenses Truancy, runaway, smoking, curfew, possession and consumption of alcohol will be handled as follows: All witnessed status offenses may be handled by the issuance of a juvenile citation and the completion of an offense report. Juvenile Arrests The juvenile detective will review all juvenile arrests and make the final determination on disposition (diversion or referral). In all cases, a juvenile booking sheet will be completely filled out. Diversion Programs When an officer chooses to refer a juvenile officer for diversion, a juvenile citation will be completed and the report forwarded to the juvenile detective. The investigator will determine if diversion is appropriate or if the citation should be mailed to the offender and to the court system. 362 Page 79 G.P.1.32 Effective Date: March 31, 2005 Smoke-Free Environment Ordinance Enforcement Procedures The following procedures will be followed in the enforcement of the Golden Valley Smoke-Free Environment Ordinance (GV City Code Chapter 10, Section 10.67). The ordinance places the burden of maintaining a smoke-free environment on the proprietor or other person in charge of the premise. Complaints - Investigation of violations of the Ordinance will be handled in a manner consistent with current general licensed facility complaint investigations. Violations of the Ordinance are not considered emergencies requiring immediate response. • During City business hours (8-4:30, M-F) the complaint will be directed to the Inspections Department (8090). • During non-city business hours complaints will be directed to the environmental health inspector’s voicemail box (8089). • Details of the violation will be recorded on a complaint form. • The complaint will be directed to an environmental health inspector for investigation and follow-up. • The inspector will conduct a site visit to the facility within a reasonable period of time (two working days) following receipt of the complaint to ascertain evidence of the alleged violation. • The complainant’s identity is protected by the Minnesota Data Practices Act. Based on the evidence collected at the facility, the inspector will take actions listed below in order of severity. All actions will be discussed with the inspector’s supervisor: • Warning Letter – Use form letter (available in Inspections). • Citations – Inspector will request the assistance of a police officer to issue a citation to the owner, manager, or person in charge, in the manner shown on the attached example (Citations are not intended for non-compliant individuals). • Court Referral – Violations can be referred to the City Prosecutor for misdemeanor prosecution or the City Attorney for civil court action. The inspector should contact the prosecutor to discuss the matter prior to referral. Noncompliant Individuals - Proprietors are required by the Ordinance to take appropriate action to remove noncompliant persons from the premises. Proprietors will be encouraged to contact the police department to assist in dealing with and removing the individual from their facility. Police officers will respond and handle these incidents as they would any other disorderly or noncompliant customer. 363 Page 80 G.P.1.33 Effective Date: January 14, 2014 Revised: November 2014 August 2015 January 2016 August 2017 Automatic License Plate Reader PURPOSE: This procedure shall be applicable to the squad(s) equipped with the Automatic License Plate Reader (ALPR) system and is intended to provide guidance on the use of the ALPR and the data collected by this system. The ALPR is a computer based system that uses cameras to capture license plate numbers and run those numbers through the computer’s database to look for wanted vehicles. The database is routinely updated from the Minnesota BCA. In additional to the procedures below, this policy incorporates the requirements of MNSS 13.824. PROCEDURE: I. Operator’s Responsibilities: A. Only officers trained in the proper use of the ALPR may operate it. B. At the start of each shift the officer shall sign on to the system and download the latest update to the database. After logging on, the system can operate in the background allowing the officer to use the MDC in the normal course of duty. C. When an officer receives a “hit” on the ALPR, the system will alert the officer visually and audibly to the match. The officer must then acknowledge the “hit”, and verify the “hit” is current by running the information through the state real-time data system prior to taking enforcement action. D. Proper department procedures and safe police tactics should be followed when initiating a stop or investigation into a wanted vehicle. E. Any problems with the system should be immediately reported to the ALPR administrator or a supervisor. II. Data Storage: A. Historical data of the plate reads by the ALPR system will be kept for a period of 60 days. This is in accordance with MNSS 13.824. B. Historical data records the date, time, plate number, GPS location, operator, squad info and camera info for each read. Historical ALPR data is only searchable for official law enforcement purposes. 364 Page 81 III. Authorization to access data. The Commander or his/her designee must establish written procedures to ensure that law enforcement personnel have access to data collected by an automated license plate reader for a legitimate, specified, and documented law enforcement purpose. The ability of authorized individuals to enter, update, or access automated license plate reader data must be limited through the use of role-based access that corresponds to the official duties or training level of the individual and the statutory authorization that grants access for that purpose. All queries and responses, and all actions in which data are entered, updated, accessed, shared, or disseminated, shall be logged The Date, Time, Plate, Requestor, and Reason for inquiry. Log retention: 90 days. Data contained in the log or audit trail are public, to the extent that the data are not otherwise classified by law. Each access must be based on a reasonable suspicion that the data are pertinent to an active criminal investigation and must include a record of the factual basis for the access and any associated case number, complaint, or incident that is the basis for the access. A. Outside Law Enforcement requests for historical ALPR data should be routed to the Commander or his/her designee. ALPR data that are not related to an active criminal investigation may only be shared with, or disseminated to, another law enforcement agency upon meeting the standards for requesting access to data as provided in section III. If data collected by an automated license plate reader are shared with another law enforcement agency under this subdivision, the agency that receives the data must comply with all data classification, destruction, and security requir ements of this section. B. External queries of the ALPR Data shall be logged by the Commander or his/her designee. The Date, Time, Plate, Requestor, and Reason shall be logged. Log retention: 90 days IV. MISUSE OF ALPR DATA Willful violation of this policy, including any action subject to a criminal penalty under MNSS 13.09, by any employee will be just cause for suspension without pay or dismissal. Notification to Bureau of Criminal Apprehension Within ten days of the installation or current use of an automated license plate reader or the integration of automated license plate reader technology into another surveillance device, it is the responsibility of the Commander or his/her designee to notify the Bureau of Criminal Apprehension of that installation or use and of any fixed location of a stationary automated license plate reader. Biennial audit The Commander or his/her designee will ensure that a biennial audit is copleted and a report summarizing the results of each audit must be provided to the commissioner of 365 Page 82 administration, to the chair and ranking minority members of the committees of the house of representatives and the senate with jurisdiction over data practices and public safety issues, and to the Legislative Commission on Data Practices and Personal Data Privacy no later than 30 days following completion of the audit. 366 Page 83 G.P.1.34 Effective Date: January 1, 2019 Revised: July 15, 2020 Unmanned Aerial System PURPOSE AND SCOPE: The purpose of this policy is to establish guidelines for the use of an Unmanned Aerial System (UAS) and for the storage, retrieval, and dissemination of images and data captured by the UAS. DEFINITIONS Definitions related to this policy include: Unmanned Aerial System (UAS) – An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle - UAV), and all of the supporting or attached systems designed for gathering information through imaging, recording, or other means. UAS operations/program coordinator – Supervisor of UAS program, or a designee, whose responsibilities include the coordination of the drone acquisitions, operations, trai ning of the remote pilots, maintenance, and operational deployments. Pilot in Command (PIC) – The UAS pilot responsible for the operation and safety of a GVPD UAS during all aspects of the flight. Visual Observer (VO) – Any person so designated by the PIC with the sole responsibility of visually observing the drone and communicating with the PIC for the safety of the drone operation and anyone in the surrounding area. POLICY Unmanned Aerial Systems may be utilized to enhance GVPD’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights in addition to Federal Aviation Administration (FAA) regulations. All missions and flights conducted will be in compliance with the Certificate of Authorization (COA) issued by the FAA or within the regulations of the FAA Part 107. 367 Page 84 PRIVACY The use of a UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, PICs and VOs shall adhere to FAA altitude regulations (no greater than 400ft Above Ground Level (AGL) without a waiver) and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure.) Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include operational measures such as deactivating or turning imaging devices away from such areas or persons during UAS operations. UAS PROGRAM COORDINATOR RESPONSIBILITIES The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, best practices, and will have the following additional responsibilities: • Ensuring the UAS model(s) in service comply with FAA regulations. • Ensuring the UAS has current registration and markings in addition to adequate proof of ownership. • Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current. • Ensuring that all authorized operators and observers have completed all required FAA and department-approved training in the operation, applicable laws, policies and procedures regarding use of the UAS. • Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or rapidly evolving incidents. Deployment of a UAS requires authorization from the on-duty supervisor as well as the Program Coordinator or Chief Pilot. • Implementing a system for public notification of UAS deployment. • Developing an operation protocol governing the deployment and operation of a UAS including but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and communication with Air Traffic Contr ol facilities. • Developing a protocol to document all missions. • Developing a UAS inspection, maintenance, and record keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be retained as evidence is accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. 368 Page 85 • Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security. • Ensuring that established protocols are followed by monitoring the training program and deployment of the UAS. UAS OPERATIONAL PROCEDURE Only authorized operators who have completed the required training shall be permitted to operate the UAS. The UAS is to be maintained in an airworthy condition, and flight ready, according to the manufacturer’s recommendations and related industry standards. Prior to any mission, the PIC will inspect the UAS to ensure it is airworthy and perform a pre - flight check. The PIC will notify HC dispatch of the location the UAS is going to be deployed from and the area where operations will be conducted prior to deployment. In the event any manned aviation unit arrives on scene, the PIC will immediately notify the incoming aircraft of the UAS position and altitude and establish a safe altitude level as to not interfere with the manned aircraft. Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted. UAS operations should primarily be conducted during daylight hours and only operated in the dark under exigent circumstances. A UAS should not be flown over populated areas without FAA approval. In the event of unsuitable weather conditions, the PIC may call off the deployment of a UAS. Requests from other agencies for UAS support will be made to Hennepin County Dispatch (HCD). HCD will request approval through the on-duty GVPD supervisor as well as the Program Coordinator or Chief Pilot. Once authorization for use is granted, the on-duty GVPD supervisor will determine whether or not additional off-duty UAS program personnel are needed. If so, the on-duty GVPD supervisor will notify UAS program personnel via telephone or text messaging. In cases of rapidly evolving situations, the on-duty GVPD supervisor must attempt to make contact with the Program Coordinator or Chief Pilot, however, the on-duty supervisor may approve immediate deployment of on-duty UAS program personnel who are capable of operating the UAS within policy, procedures and Federal Regulations. 369 Page 86 Operators must check from Temporary Flights Restrictions (TFRs) prior to deployment. Golden Valley/Hennepin County falls within 30nm radius of the MSP airport and is specifically included in many TFRs throughout the year. Federal Aviation Administration’s website for TFR restrictions: http://tfr.faa.gov/tfr2/list.html Following UAS deployment the PIC will complete the post flight inspection and flight logs after each flight. If the PIC detects any issue that affects the airworthiness of the UAS, they will immediately tag the UAS as un-airworthy, complete a maintenance request and forward it to the Program Coordinator. The PIC will follow all applicable 14 CFR Part 107 regulations at all times, unless a waiver has been issued by the FAA to operate outside of said regulations. AUTHORIZED USES The UAS video surveillance equipment shall only be used: • to conduct search and rescue operations; • to locate fleeing suspects or escaped prisoners; • to aid or assist in other life safety operations; • to aid or assist in criminal investigations; • for Department approved training and outreach missions; • to conduct traffic, land surveys, and mapping functions; • to collect evidence with a signed search warrant. Authorized use without a warrant: • during or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person; • over a public event where there is a heightened risk to the safety of participants or bystanders; • to counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk; • to prevent the loss of life and property in natural or man-made disasters and to facilitate operational planning, rescue, and recovery operations in the aftermath of these disasters; • to conduct a threat assessment in anticipation of a specific event; • to collect information from a public area if there is reasonable suspicion of criminal activity; 370 Page 87 • to collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road; • over a public area for officer training or public relations purposes; and • for purposes unrelated to law enforcement at the request of a government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use. LIMITATIONS OF USE • Golden Valley Police using a UAV must comply with all Federal Aviation Administration requirements and guidelines; • UAV shall not deploy with facial recognition or other biometric-matching technology unless expressly authorized by a warrant; • UAV shall not be equipped with weapons; • to collect data on public protests or demonstrations unless expressly authorized by a warrant or an exception applies under “authorized use without a warrant”; • to conduct random surveillance activities; • to target a person based solely on individual characteristics such as, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation; • to harass, intimidate or discriminate against any individual or group; • to conduct personal business of any type. DOCUMENTATION REQUIRED Golden Valley Police will document each use of a UAV, connect each deployment to a unique case number, provide a factual basis for the use of a UAV, and identify the applicable warrantless exception unless a warrant was obtained. NIGHT OPERATIONS 1. The Responsible Party listed on the Waiver is responsible to the FAA for the safe conduct of the operations. Prior to conducting operations that are the subject of this Waiver, the responsible party: a. Must ensure the remote PIC, manipulators of the controls, and VO are informed on the terms and provisions of this Waiver and the strict observance of the terms and provisions herein; b. Must ensure the remote PIC, manipulators of the controls, and VO are informed and familiar with part 107 regulations not waived; and c. The above (a and b) must be documented and must be presented for inspection upon request from the Administrator or an authorized representative. 371 Page 88 2. This Waiver must not be combined with any other waiver(s), authorizations(s), or exemption(s) without specific authorization from the FAA; Certificate of Wai ver Number 107W- 2018-15597 3. The FAA has the authority to cancel or delay any or all flight operations if the safety of persons or property on the ground or in the air are in jeopardy or there is a violation of the terms of this Waiver; 4. A copy of this Waiver must be available during UAS operations that are the subject of this Waiver; 5. The Responsible Party listed on this Waiver must maintain a current list of pilots by name and remote pilot certificate number used in the Waiver holder’s operations. This list must be presented for inspection upon request from the Administrator or an authorized representative; 6. The Responsible Party listed on this Waiver must maintain a current li st of small unmanned aircraft (UAS) by registration number(s) used in the Waiver holder’s operations. This list must be presented for inspection upon request from the Administrator or an authorized representative. Operations as defined in 14 CFR § 1.1, Specific Special Provisions. UAS operations may be conducted under this waiver provided: 7. All operations under this Waiver must use one or more VO. 8. Prior to conducting operations that are the subject of this Waiver, the remote PIC and VO must be trained, as described in the Waiver application, to recognize and overcome visual illusions caused by darkness, and understand physiological conditions which may degrade night vision. This training must be documented and must be presented for inspection upon request from the Administrator or an authorized representative. 9. The area of operation must be sufficiently illuminated to allow both the remote PIC and VO to identify people or obstacles on the ground, or a daytime site assessment must be performed prior to conducting operations that are the subject of this Waiver, noting any hazards or obstructions; and. 10. The UAS must be equipped with lighted anti-collision lighting visible from a distance of no less than 3 statute miles. The intensity of the anti-collision lighting may be reduced if, because of operating conditions, it would be in the interest of safety to do so. DATA CLASSIFICATION; RETENTION A. Data collected by a UAV are private data on individuals or nonpublic data, subject to the following: 372 Page 89 • if the individual requests a copy of the recording, data on other individuals who do not consent to its release must be redacted from the copy; • UAV data may be disclosed as necessary during or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person; • UAV data may be disclosed to a government entity for purposes unrelated to law enforcement at the request of a government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use; • UAV data that are criminal investigative data are governed by section 13.82, subdivision 7; and • UAV data that are not public data under other provisions of chapter 13 retain that classification. B. Section 13.04, subdivision 2, does not apply to data collected by a UAV. C. Notwithstanding section 138.17, a law enforcement agency must delete data collected by a UAV as soon as possible, and in no event later than seven days after collection unless the data is part of an active criminal investigation. DISCLOSURE OF WARRANT A. Within a reasonable time but not later than 90 days after the court unseals a warrant under this subdivision, the issuing or denying judge shall cause to be served on the persons named in the warrant and the application an inventory that shall include notice of: (1) the issuance of the warrant or application; (2) the date of issuance and the period of authorized, approved, or disapproved collection of information, or the denial of the application; and (3) whether information was or was not collected during the period. B. A warrant authorizing collection of information with a UAV must direct that: (1) the warrant be sealed for a period of 90 days or until the objective of the warrant has been accomplished, whichever is shorter; and (2) the warrant be filed with the court administrator within ten days of the expiration of the warrant. C. The prosecutor may request that the warrant, supporting affidavits, and any order granting the request not be filed. An order must be issued granting the request in whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable grounds exist to believe that filing the warrant may cause the search or a related search to be unsuccessful, create a substantial risk of injury to an innocent person, or severely hamper an ongoing investigation. D. The warrant must direct that, following the commencement of any criminal proceeding using evidence obtained in or as a result of the search, the supporting application or affidavit must be 373 Page 90 filed either immediately or at any other time as the court directs. Until the filing, the documents and materials ordered withheld from filing must be retained by the judge or the judge's designee. REPORTING A. By January 15 of each year, each law enforcement agency that maintains or uses a UAV shall report to the commissioner of public safety the following information for the preceding calendar year: (1) the number of times a UAV was deployed without a search warrant issued under this chapter, identifying the date of deployment and the authorized use of the UAV under subdivision 3; and (2) the total cost of the agency's UAV program. B. By June 15 of each year, the commissioner of public safety shall compile the reports submitted to the commissioner under paragraph (a), organize the reports by law enforcement agency, submit the compiled report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over data practices and public safety, and make the compiled report public on the department's website. C. By January 15 of each year, a judge who has issued or denied approval of a warrant under this section that expired during the preceding year shall report to the state court administrator: (1) that a warrant or extension was applied for; (2) the type of warrant or extension applied for; (3) whether the warrant or extension was granted as applied for, modified, or denied; (4) the period of UAV use authorized by the warrant and the number and duration of any extensions of the warrant; (5) the offense specified in the warrant or application or extension of a warrant; and (6) the identity of the law enforcement agency making the application and the person authorizing the application. D. By June 15 of each year, the state court administrator shall submit to the chairs and ranking minority members of the senate and house of representatives committees or divisions having jurisdiction over data practices and public safety and post on the supreme court's website a fu ll and complete report concerning the number of applications for warrants authorizing or approving use of UAVs or disclosure of information from the use of UAVs under this section and the number of warrants and extensions granted or denied under this section during the preceding calendar year. The report must include a summary and analysis of the data required to be filed with the state court administrator under paragraph (c). 374 Page 91 G.P. 1.35 Effective Date: September 24, 2021 Traffic Enforcement / Stops / Searches PURPOSE: The purpose of this policy is to set guidelines pertaining to traffic enforcement by Golden Valley Police Officers. POLICY: The traffic enforcement priorities of the Golden Valley Police Department are to ensure public safety, reduce traffic collisions, fatalities and injuries, to facilitate safe roadways for all vehicular and pedestrian traffic, and provide a safe environment for all citizens. The department seeks to achieve these objectives through the voluntary compliance of motorists and by using a combination of education, enforcement, engineering, community outreach and public support. Officers will take appropriate enforcement action in a fair and impartial manner. In an effort to focus on traffic safety and further public safety efforts, officers will concentrate on moving violations and other traffic issues that are an immediate concern to public safety or create a dangerous condition. The Golden Valley Police Department recognizes that non-public safety related traffic stops or traffic enforcement solely based on equipment violations creates disproportionate impacts on individuals of lower socioeconomic status and undermines law enforcement legitimacy with those communities. Absent other factors, such as reasonable suspicion associated with crime trends or in-progress calls for service, the Golden Valley Police Department will not enforce equipment violations, expired registration, or other non-moving violations that do not create a public safety concern or dangerous condition. Additionally, to protect the constitutional rights and safeguard the protection of all of our communities, officers will not search a vehicle stopped for a minor traffic offense solely based on consent and absent any other articulable reason or legal justification. ENFORCEMENT: Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. WARNINGS: Warnings can be communicated verbally “verbal warning” or in written form “written warning”. In either case, a warning is a non-punitive enforcement action available to the officer to use at their discretion. Warnings should be considered in each situation and substituted for arrests or citations when the officer believes based on the totality of the circumstances that a warning is reasonable. TRAFFIC CITATIONS: Traffic citations may be issued when an officer believes it is appropriate based on the evidence available to them at the time of the traffic stop. It is essential that officers explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum: 375 Page 92 a) Explanation of the violation or charge b) Court appearance procedure, including the optional or mandatory appearance by the motorist c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court d) The court contact information PHYSICAL ARREST: Physical arrest can be made on a number of criminal traffic offenses where probable cause exists. These physical arrest cases usually deal with events where an arrest is required or to prevent further criminal conduct. Examples include, but are not limited to (Minn. Stat. § 169.91): a) Negligent homicide b) Driving under the influence of alcohol/drugs (DUI) c) Hit-and-run resulting in serious injury or death d) Flee Police in a motor vehicle 376 Page 93 Investigations 377 Page 94 G.P.2.01 Effective Date: January 1, 1987 Revised: November 2009 March 2011 November 2014 April 25, 2018 Impounded Property PURPOSE: The purposes for impounding property are for safekeeping and evidence. A legally acceptable procedure must be followed in impounding and recording all property, to ensure the chain of custody of evidence. PROCEDURE: All property seized as evidence, found or turned into the department for any reasons, will be recorded, marked and stored in the following manner: 1. DATA ENTRY A. All items will be listed separately with as detailed a description as is necessary to identify the item. Brand names, serial and model numbers, colors and other characteristics should be included. Items packaged together should be grouped together on the inventory. 1. All required information boxes (marked with “*”) must be completed in order for the entry to be saved into FileOnQ. Additionally, the following information should be included when appropriate: • Owner Information • Suspect Information • Victim Information • Make, model, color, serial number 2. If the item was checked in NCIC or was field tested, the appropriate boxes should be checked. 3. Each item should be packaged and sealed in accordance with department property and evidence procedures, and labeled with a barcode printed with the FileOnQ system. 4. Items small enough to be store in the property room should be placed in a locker and the key removed and placed into the key slot. The locker number should be recorded in the FileOnQ inventory entry. 5. Bicycles and items too large for the property room should be placed in the property shed located at 9400 10th Avenue North. 378 Page 95 2. RELEASING PROPERTY A. All property removed from the property room or property shed will be signed out by the property officer. B. Property releases to the public will be made during business hours by the property room officer by appointment, unless special arrangements are made in advance. C. In all transactions involving the transfer of property, chain of custody documentation will be maintained using the FileOnQ property system. D. Receipts should be obtained on any evidence transfers involving other law enforcement agencies or prosecutors. The receipt should document the time, date and signature of the receiver of the evidence. If the receiving agency has its own evidence receipts, a copy of their receipt should be placed into the case file. E. It is the policy of this Department to require a court order before releasing any weapons (to include but not limited to a gun, knife or other sharp bladed instrument) which have been used in the commission of any crime. This also applies in situations when an officer has confiscated a gun, knife or other sharp-bladed instrument in response to a call involving suicidal statements, thoughts or actions, or other mental health related issues. Documentation from a physician indicating he/she supports returning the property to the owner may substitute a court order after thorough investigation. This also applies in situations where concerned family members or friends of an individual request an officer to take the gun, knife or other sharp-bladed instrument from the premises. The involved officer shall document in a police report why the item was confiscated and the safety concern. For purposes of this section, BB guns, airsoft guns and paintball guns will not be considered weapons. F. In any case where ownership of confiscated property is in dispute, all parties claiming an interest in the property shall be informed that the property will not be released until a court of appropriate jurisdiction has reviewed the facts surrounding the ownership of the property and has entered an order directing the Police Department to release the property. 3. MAINTENANCE OF PROPERTY ROOM A. The Commander will program the fingerprint reader unit and/or authorize the use of the door lock key to grant access for un-assigned personnel in emergency situations only. B. The Chief will assign a staff person to serve as the property room officer. That person will ensure empty lockers are available and routinely audit items stored in the property room. Property no longer needed for safekeeping or evidentiary purposes will be disposed of. 379 Page 96 C. Upon removal from the temporary storage locker, property will be transferred to the appropriate storage area/shelf. The property sheet will be placed into the scan bin and filed with the original case file. Under no circumstances will officers take confiscated or abandoned property for their personal use. In the specific case of liquor or beer that is evidence, the entire contents will be destroyed after a reasonable attempt to locate the owner. 4. FOUND PROPERTY MN Statute 609.52, Subd. 2(6), requires the finders of lost property to make a reasonable effort to find the owner and to surrender the property to him/her. It does not require the finder to turn the property in to a law enforcement agency regardless of what kind of property it is or its value. However, as police officers, we will encourage finders to turn found pro perty in to our department or another law enforcement agency so that we may periodically check it through the computer to determine whether it has been reported stolen. The owner or his/her authorized agent must present proof of ownership prior to the release of any property. Under no circumstances will we confiscate found property against the wishes of an obvious finder. We can only lawfully confiscate known stolen property or property found in the possession of persons under suspicious circumstances that establish probable cause to believe that the person has just stolen the property. When a citizen expresses an interest in claiming found property, the officer who takes custody of the property shall note this on the property sheet. This will not relieve the finder of the responsibility of making written notice to the City if the finder wishes to claim the property. 380 Page 97 G.P.2.02 Effective Date: March 1, 1982 Revised: November 2009 November 2014 Fire Investigation Purpose: l. To provide immediate and ongoing technically current investigation of fires which occur within the City of Golden Valley. 2. To provide investigative cooperation and teamwork between Fire and Police Personnel. 3. To assign responsibility for the various aspects of fire related investigations, particularly in arson situations. Policy: Fire personnel shall be responsible for determining the cause of fires occurring within the City. Further, they shall gather evidence establishing such cause and, where applicable, provide ongoing technical assistance to Police officers involved in fire investigations Police personnel shall be responsible for investigating all fires involving arson, suspected arson, or of doubtful origin. Comment In its Justice Department Authorization Bill for 1979 the Congress of the United States directed the F.B.I. to classify arson as a major crime for the purpose of Uniform Crime Reporting. Congress took this action to focus national attention on the nation's fastest growing crime. Arson has a direct and immediate effect on the lives of every citizen in the United States. Insurance premiums go up, and firefighters and police officers, along with many involved by-standers, are often injured or killed. Most police officers are not trained in arson investigation. Fire Department investigators, while skilled in determining the cause and origin of fires, are not trained or skilled in the rules of procedure governing investigations, nor do they have the police powers necessary to carry such an investigations to a successful conclusion. 381 Page 98 Procedure I. Fire scene investigation must be conducted at the location of every fire to determine cause and origin. • Apparent suspicious/incendiary fires • Discharge of explosive devices or incendiary devices • Fires whose cause cannot be without questions determined by the fire office in charge • Fires resulting in death or serious injury to civilians or fire personnel • Flagrant fire code violations • Fire protection of life safety devices/equipment is disabled or impaired II. The Police Operations Division will assume responsibility for the overall investigation of suspected arson related fires. a. The fire marshal shall notify the police sergeant or officer -in charge immediately when arson is suspected. b. When the fire marshal is unavailable and arson is suspected, the Hennepin County Fire Investigation Team may be notified to assist with the determination of origin, cause and processing the fire investigation scene. c. The sergeant or officer-in-charge may assign the case to another police officer. Police officers trained in arson investigation should be used when possible if assigned to the police team. d. Police officers assigned arson cases shall handle them according to normal investigative procedures, keeping in mind the following: (l) Fire personnel should be used, along with crime lab personnel, to collect and preserve evidence. (2) Utilize the Hennepin County Fire Investigation Team for assistance where applicable. Remember, you are responsible locally for solving the case. (3) Encourage and reinforce teamwork between fire and police personnel. (4) Provide appropriate feedback to all participants in the investigation. 382 Page 99 G.P.2.03 Effective Date: January 1, 1987 Revised: July 2008 Fire Department Rescue Squad Operations PURPOSE To provide the public with the best possible emergency service. To set guidelines to facilitate that service. PROCEDURE The Fire Rescue Duty Crew is scheduled to be on standby duty at particular assigned times. During those times, the duty crew shall be dispatched as the backup unit to all appropriate calls. These could include medical emergencies, personal injury, and check for injury accidents. At other than regularly scheduled times, the Fire Department may act as a regular responding unit provided: 1. A fire department vehicle and personnel are available to respond. When the above conditions are satisfied, the Fire Department, upon monitoring an incident similar to those outlined above, may broadcast over the air "Fire Department available". The dispatcher may then dispatch the fire department as the backup unit unless directed otherwise by the police supervisor or his/her designee. At all other times, the police supervisor may request the Fire Department as he/she deems appropriate. It is understood that the police supervisor or his/her designee shall be the command authority at those incidents described above. At those times in which the Fire Department arrives on the scene, they may, at the discretion of the police supervisor or his/her designee, be left in charge of the scene. Finally, it is understood that incidents similar to those described above may in fact be crime scenes. The Fire personnel will exercise due caution and make every attempt to avoid destruction of evidence and contamination of the crime scene. 383 Page 100 G.P.2.04 Effective Date: January 1, 1987 November 2014 Child Abuse and Child Neglect Reporting/ Investigation PURPOSE: Investigation of crimes against children are unique, in that the Police are required by statute to report to and work with the local welfare agency when investigating child abuse and neglect. In accordance with State Statute 626.556, it shall be the policy of this Department to report all verified or suspected incidents of child abuse and neglect to the Hennepin County Child Protection Unit in writing. In the cases of child neglect and moderate child abuse in which the children are not removed from the home, a copy of the entire police report shall be forwarded to the Hennepin County Child Protection Unit following the completion of the investigation and report. PROCEDURE: Anytime a child is taken into custody under the provisions of State Statute 260.165, Subd. l(c) (2) as an endangered or abused child, the Detective Sergeant shall be contacted immediately and advised of the status of the child and the reasons for taking the child into custody. The officer, upon the taking of the child into custody, shall fill out a notice of 36 hour Police, Health and Welfare Hold. It shall also be the reporting officer's responsibility to forward a written report to the Hennepin County Child Protection Unit in any case where a child is taken into protective custody under this Statute. In addition, Hennepin County Child Protection must be notified by calling 612-348-3552. A police officer, while conducting any type of investigation, may find a child in surroundings that he reasonably believes endanger the child's health or welfare as outlined in State Statute 260.165. In such cases, the officer will conduct a child abuse or neglect investigation which would be in addition to the investigation of any incident which brought this situation to the officer's attention. All cases of actual or suspected child abuse, should be directed to the investigation for appropriate action. 384 Page 101 G.P.2.05 Effective Date: January 1, 1987 Revised: November 2009 November 2014 Auto Theft Investigations PURPOSE: Auto theft is a Part I crime and it is essential that the initial investigation, computer entries, and the accompanying documentation be thorough and accurate. PROCEDURE 1. Theft Reports Whenever a vehicle is stolen within the jurisdiction of the City of Golden Valley, an offense report including the vehicle theft portion of the report is prepared. This report is made for automobiles, trucks, trailers, motorcycles, moped and recreational vehicles. In addition to the Vehicle Theft Report, a follow-up report (detailing the additional information found during the initial investigation) shall be made whenever the initial investigation reveals further information. Following the initial investigation, it shall be the investigating officer's responsibility to direct the data entry person to enter the stolen vehicle in the MINCIS and NCIC computer files. The investigating officer is responsible for verifying that all information is correctly entered. 2. Recoveries A. Golden Valley Jurisdiction - Whenever an officer recovers a vehicle stolen within the City of Golden Valley, it is that officer's responsibility to: 1. Notify the supervisor who will notify the owner of the vehicle. 2. Document the recovery and circumstances. 3. Notify and direct the Data Entry person to make appropriate MINCIS and NCIC computer entries. B. Outside Jurisdiction - Whenever our agency is notified that a Golden Valley stolen vehicle has been recovered by another agency, the employee receiving the information will notify the supervisor, who will notify the owner of the vehicle, document recovery and circumstances, and direct the data entry person to send a teletype to the appropriate agency confirming the recovery. 385 Page 102 G.P.2.06 Effective Date: January 1, 1994 Revised Date: March 1, 2004 Investigation of Worthless Checks PURPOSE: To establish a policy on the investigation of worthless check cases. PROCEDURE: A worthless check case is defined by law as a check returned because the account has been closed or there are insufficient funds in the account to cover the issued check. In order for the Golden Valley Police Department to accept a worthless check case for investigation and prosecution, the following requirements must be met: 1 The check must have been transacted in the City of Golden Valley. 2 The check must not be for prior consideration. 3 The checks must be no more than 90 days old and drawn on a bank in the Minneapolis/St. Paul area. 4 The person who accepted the check must be identified, with initials or employee number on the check. 5 Notice of dishonor and demand for payment must have been sent to the account holder by certified mail, return receipt requested, to the address on the check. 6 All requirements of Minnesota State Statute 609.535 must be met. 7 The person receiving the check will be required to ask for proper identification such as a photo driver’s license or a photo identification card. 386 Page 103 G.P.2.07 Effective Date: January 1, 1987 Revised: November 2009 November 2014 Evidence Photos PURPOSE: To establish a procedure for proper processing of evidence photos and accompanying lab reports. PROCEDURE: The following procedures will be followed by employees: Evidentiary Digital Photos Evidentiary photos taken by officers should be downloaded into the digital photo file by the desk CSO, and logged by case number. Officers should document in their report that photos were taken and downloaded. CD Processing Crime scene photos taken by HCSO Crime Lab will be processed by the Crime Lab and returned to this department on a compact disc (CD). Administrative assistants will place the CD in the “To Be Filed” bin for community service officers to file in the Crime Lab CD binder in case number order. Lab Report Processing The Crime Lab report that accompanies the CD should be scanned into the case file and copies given to the investigating detective and detective supervisor. 387 Page 104 G.P.2.08 Effective Date: December 1, 1999 Revised Date: January 9, 2002 Reporting and Investigation of Gasoline Drive -Offs PURPOSE: The increasing use of automated payment systems at gasoline stations has resulted in an increasing number of incidents where the customer fails to pay for the gasoline pumped. Often these incidents involve an individual who has attempted to use a credit or bank debit card at the pump to pay for the product, however, the customer has been unaware that the card was not accepted. Minnesota State Statute 332.505 establishes a civil liability for receiving motor fuel without paying. This statute creates a procedure gasoline stations can use to receive information about, and reimbursement from the vehicle owner without the involvement of the police. In order to allocate resources to those incidents that may involve more serious criminal activity and repeat offenders, this policy identifies the criteria officers are to consider when responding to reports of gasoline drive-offs. PROCEDURE: The Golden Valley Police Department will take an offense report on gasoline drive-offs in situations where the officer believes that more serious criminal activity or multiple offenses are involved. When a gasoline station reports a drive-off, the zone squad will be notified, and information on the suspect vehicle will be provided to officers. Officers are to consider the following criteria in evaluating the need for an offense report: • The suspect vehicle or occupants are wanted. • The suspect vehicle or occupants are suspected of involvement in other criminal activity or in previous gasoline drive-offs. • There are other unusual or suspicious circumstances involved, and the officer feels a report is appropriate. Officer shall not release information on the registered owner of suspect vehicles to gasoline station personnel. This information is available to gasoline stations through the provisions of MN SS 332.505. 388 Page 105 G.P.2.09 Effective Date: May 1, 2008 Response to Crimes Motivated by Bias/Hate PURPOSE: The purpose of this policy is to establish guidelines and responsibilities for the reporting of violations of Minnesota State Statutes, Chapter 609 or criminal violations of local ordinances if the officer has reason to believe, or if the victim alleges, that the offender was motivated to commit the act by the victim’s race, religion, national origin, sex, age, disability, or characteristics identified as sexual orientation. DEFINITIONS: Hate Crime: A hate crime, as defined by criminal statute (Minnesota Statute Section 609.223 1, Subd.4), is a criminal act committed against a person, institution, or property, of which the primary motivation is the victim’s affiliation with a protected class. Protected Class: State law has established the following protected classes: race, color, religion, gender, sexual orientation, age, disability, and national origin. PROCEDURE: 1. The initial officer assigned to the call will conduct a preliminary investigation includi ng interviewing the person(s) making the initial report and will determine if the facts and circumstances reasonably indicate that the incident was motivated by bias/hate, or if the victim alleges there was such motivation. 2. When a determination has been made of possible motivation of bias/hate, the reporting officer will document that fact in a police report, and will include such determination in the report synopsis. The officer will inform his/her supervisor of this determination prior to clearing from the call. The responding officer will also provide bias crime resource contact information available through the State of Minnesota to the victim. 3. The supervisor will notify the Patrol Commander of a bias/hate crime incident as soon as possible after the report has been taken, and the Patrol Commander will immediately notify the Chief of Police. 4. The Chief of Police will notify the City Manager as soon as possible, and appropriate notification to members of the City Council will be made by the City Manager . The Chief of Police will also notify the Human Rights Commission Chair as soon as practicable after notification to the City Council. Because of the nature of the crime being part of an ongoing investigation, information given to the Human Rights Commission Chair will include only public information deemed no threat to the confidential nature of the investigation. When the investigation is complete, members of the Human Rights Commission will be given more detailed information about the crime. 389 Page 106 5. The City Manager, Mayor and/or City Council Members, Police Chief and Communications Coordinator will determine the appropriate level of public statements. 390 Page 107 G.P. 2.10 Effective Date: May 7, 2015 Prohibited Possession of Firearms- DV & Restraining Order It is the policy of the Golden Valley Police Department to not accept voluntary requests for surrender. Upon court order to accept a firearm surrender, the following policies and procedures shall apply. PURPOSE: It is the policy of the Golden Valley Police Department to protect lives while enforcing the law and to guide its officers in the safe and reasonable performance of their duties. To accomplish these goals, the following policy is provided to give guidance to officers on proper enforcement of laws that prohibits certain persons subject to domestic violence restraining orders from possessing weapons and requiring persons convicted of domestic violence offenses to surrender their firearms while they are prohibited from possessing firearms. SCOPE: This policy applies and is distributed to all full-time peace officers and part-time peace officers of this department engaged in the discharge of official duties, whether within or outside the city limits of Golden Valley, Minnesota. AUTHORITY: The authority for this policy is established by Minn. Stat. 260C.201 (Domestic Child Abuse); Minn. Stat. 518B.01 (Order for Protection); Minn. Stat. 609.2242 (Domestic Assault); Minn. Stat. 609.749 (Stalking); and Minn. Stat. 624.713 (Certain Persons Not to Possess Firearms). Legislative changes require the courts to issue orders to domestic child abusers, domestic abusers, persons convicted of domestic assault and persons convicted of stalking, to surrender their firearms to a law enforcement agency, a federally licensed firearms dealer or a third party. DEFINITIONS: Domestic Violence Restraining Orders – Provisions in Minnesota statutes require the court when issuing restraining orders under Minn. Stat. 260C.201 (Domestic Child Abuse) or Minn. Stat. 518B.01 (Order for Protection) to order the restrained person to surrender firearms and permits to carry or purchase firearms if the court finds the restrained party represents a credible threat to the physical safety of the protected party. An order granting relief that was issued after a hearing of which the abusing party received actual notice and which the abusing party had the opportunity to participate, shall prohibit the abusing party from possessing firearms for the length the order is in effect. The order shall direct the abusing party to transfer any firearms that the person possesses 391 Page 108 to a federally licensed firearms dealer, a law enforcement agency or a third party who may lawfully receive them. A law enforcement agency is not required to accept an abusing party/respondent’s firearms under this paragraph. Domestic Abuse Convictions and Firearms - When persons are convicted of Domestic Assault under Minn. Stat § 609.2242 or any other assault against a family or household member (includes Assault 1, Assault 2, Assault 3, Assault 5, Domestic Assault Strangulation) or are convicted of Stalking under Minn. Stat. § 609.748, the court must order them to transfer any firearms they possess to a federally licensed firearms dealer, a law enforcement agency or a third party who may lawfully receive them. The transfer must occur within 3 business days unless the court finds the defendant is an imminent risk of causing substantial bodily harm to another, in which case the court must order the local law enforcement agency to take immediate possession. Authorized Recipients of the Firearms – Defendants may choose to whom they surrender their firearm(s). The statute allows the transfer to: a local enforcement agency, a federally licensed authorized dealer, or a third party who does not reside with the abusing party/defendant. Transfers – Within three business days, Defendants must transfer their firearms permanently or temporarily depending on the court order. If the court determines there is an imminent risk, law enforcement will be ordered to take immediate possession of the firearm(s). Firearm – The Federal definition of firearm is any weapon (including a starter gun) which will expel a projectile; by means of an explosive or is designed or may be readily converted to do so. Minnesota statutes defines firearm as a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air Minn. Stat. § 97A.015, subd. 19. Some Minnesota courts have ruled that, under this definition, rifles, shotguns, handguns (both pistols and revolvers), muzzleloaders and BB guns are firearms. However paintball guns are not considered firearms. Reasonable Storage Fee – Actual expenses a city incurs for storage of firearms to include the cost of storage space and staff time to process related paperwork. The storage fee should not normally be so high that it exceeds the value of the firearm. Agencies should periodically review their fee schedule to insure their storage fee covers the city’s actual costs. Agencies should give consideration to releasing firearm(s) only after the reasonable storage fee is p aid. PROCEDURE: A. Intake Procedure – Surrendered Firearms: 1. A copy of the Court Order is required prior to accepting the transfer of firearms. 2. The abusing party/respondent must arrange for the transfer within three business days. 3. A law enforcement agency is not required to accept firearms in every situation. Factors to consider might be jurisdiction for any underlying criminal prosecution(s), county of residence for the petitioner and/or respondent. All decisions to reject must be approved by a supervisor. 392 Page 109 4. The department may charge a reasonable storage fee for firearms held under the provisions of this policy. 5. Only a licensed peace officer may accept firearms from an abusing party/respondent with the respective court order. 6. Surrendered firearms will be received by an officer, by appointment, during regular business hours or at others times at the discretion of the accepting law enforcement agency. 7. The party surrendering weapons to a law enforcement agency shall receive instructions on proper procedure for the safe surrender of weapons: a. The party should be directed to not bring firearms into the department but rather comply with specific instructions provided by the law enforcement agency. b. When directed, the firearms should be delivered to the law enforcement agency enclosed in a carrying case for firearms. i. The firearms must be completely contained in gun cases made expressly for that purpose. ii. The cases must be zipped, buckled, tied or otherwise fastened, with no portion of the firearm exposed. c. All firearms must be unloaded. This means having no shell or cartridge in the chamber of the firearm or in any magazine attached to the firearms. d. Caps must be removed from a percussion muzzle loading firearms or have the flash pan cleaned of powder from a flint locked muzzle loading firearm. 8. The receiving officer shall complete the Surrendered Firearms Receipt form (See Appendix A) ensuring the following information is included as required by the Court: a. Whether the firearm(s) is to be temporarily or permanently transferred; b. The defendant’s name; c. Date of the transfer to the department; d. Serial number of all surrendered firearms; e. Make of all surrendered firearms; f. Model of all surrendered firearms; g. Brief description and condition of the firearm(s). 9. Once completed, a copy of the Surrendered Firearms Receipt form is given to the defendant to file with the Court. 10. The receiving officer will make the weapon safe, secure and package the firearm(s) pursuant to Evidence Intake guidelines and protocols. No ammunition will be accepted. 11. Property Room personnel will store the surrendered firearm(s) pursuant to Evidence Intake guidelines and protocols. 12. Accepting the surrendered firearm(s) gives the department the lawful authority to possess the firearm(s); it does not transfer ownership or title to the department. 13. All staff will use due care to preserve the quality and function of the transferred firearm(s). 393 Page 110 B. Immediate Possession of Firearms - Imminent Risk Involved 1. The court may order (See Appendix B)the department to take immediate possession of a defendant’s firearm(s). 2. A licensed peace officer or investigator will be assigned the case and will create a case or tracking number. Only a licensed peace officer may accept surrendered firearms from a defendant. 3. Due to the risks of firearms being delivered to the department or seized from private residences, the assigned officer or investigator will give due consideration to the variety of safety concerns. The assigned officer or investigator should initiate contact with the defendant, arranging for the safest means of firearm(s) surrender. . 4. The difficulties in knowing with certainty the full extent of a defendant’s firearms inventory are acknowledged. The assigned officer or investigator will attempt to insure the abusing party/respondent complies with the Order. If the abusing party/respondent refuses to comply with the order every effort, including a consent search or possibly seeking a search warrant, will be initiated to ensure the court order is carried out. 5. Within three (3) business days of the court ordering the immediate transfer of the firearm(s), defendants may request the transfer of their firearms(s) from the department to a federally licensed firearms dealer or a third party, who may lawfully receive them. a. A licensed peace officer or investigator will facilitate the transfer; b. Prior to transfer the officer will require the federally licensed firearm dealer or third party who may lawfully receive them, to complete a Minnesota Uniform Firearm Application/Receipt Permit to Purchase/Transfer; c. Once the application is completed, the department has two business days to file the completed application to purchase/transfer with the respective courts. C. Out of Jurisdiction Compliance 1. Notwithstanding a court order to the contrary, police agencies are responsible for the enforcement of firearm surrender orders when the respondent resides in the agency’s jurisdiction. 2. When the court orders the firearm(s) must be turned over only to law enforcement, police agencies are only required, notwithstanding a court order to the contrary, to store firearms turned over by defendants/respondents residing within their jurisdiction. 3. Officers tasked with enforcement of a surrender order, when learning the firearm(s) is located in another jurisdiction, will share that information with the pertinent law enforcement agency to aid in the order’s enforcement. 4. Officers asked to assist another law enforcement agency with the enforcement of a firearm surrender order shall provide reasonable assistance so as to help aid the order’s enforcement. 394 Page 111 D. Return, Abandonment or Forfeiture of Firearms 1. Upon receipt of a court order, the department will return the surrendered firearms(s) to the abusing party/defendant so long as the abusing party/defendant is not otherwise prohibited from possessing firearms under State or Federal law. 2. An assigned officer or investigator will facilitate the release of the firearms(s) pursuant to the court order, complying with State and Federal law and department protocol. 3. On requests to transfer to a third party the assigned officer or investigator will conduct a records check to ensure the third party is eligible to receive the firearm(s). 4. The assigned officer or investigator will have the Defendant inspect the firearm(s) before returning and have the defendant acknowledge the firearms are in the same condition as when turned in, except for reasonable wear and tear including the deterioration of firearms that may occur during prolonged storage periods. 5. If a temporarily transferred firearm is abandoned, the department will notify the abusing party/defendant via certified U.S. mail prior to the disposal of the abandoned firearms(s) pursuant to department protocol. 6. If the court order indicates that the firearms(s) transfer is permanent, the firearm(s) will not be returned to the Defendant and will be disposed of pursuant to forfeiture and/or department protocol. 395 Page 112 Appendix A Golden Valley Police Department PROHIBITED POSSESSION OF FIREARMS PURSUANT TO COURT ORDER – INTAKE AND RECEIPT The authority for this transfer of firearm(s) is established under Minn. Stat. 260C.201 Domestic Child Abuse; Minn. Stat. 518B.01 Order for Protection; Minn. Stat. 609.2242 Domestic Assault; Minn. Stat. 609.749 Stalking; and Minn. Stat. 624.713 Certain Persons Not to Possess Firearms CASE #:______________________COURT ORDER #:___________________________ Date of Transfer: ________________________ Time of Transfer:____________________ Respondent’s Name: __________________________________DOB:___________________ Last, First Middle FIREARMS TO BE TRANSFERRED (CHECK ONE) TEMPORARILY PERMANENTLY TRANSFERRED FIREARM(S) DESCRIPTION MAKE MODEL CALIBER SERIAL# Person Transferring Firearm(s):___________________________________DOB:__________ Last, First Middle Address:______________________________________________________________________ Street City State Zip Phone(s):_____________________________________________________________________ Home Cell Work Person Transferring Signature:______________________________________ Date:______________ Officer’s Signature & Badge#:______________________________________ Date:______________ 396 Page 113 Golden Valley Police Department PROHIBITED POSSESSION OF FIREARMS PURSUANT TO COURT ORDER – RELEASE RECEIPT The authority for this transfer of firearm(s) is established under Minn. Stat.260C.201 Domestic Child Abuse; Minn. Stat. 518B.01 Order for Protection; Minn. Stat. 609.2242 Domestic Assault; Minn. Stat. 609.749 Stalking; and Minn. Stat. 624.713 Certain Persons Not to Possess Firearms CASE #:________________________COURT ORDER #:_____________________________ Date of Release:________________________ Time of Release:______________________ Respondent’s Name: ___________________________________DOB:___________________ Last, First Middle RELEASED FIREARM(S) DESCRIPTION MAKE MODEL CALIBER SERIAL# Person Firearm(s) Released To: __________________________________DOB:___________ Last, First Middle Address:______________________________________________________________________ Street City State Zip Phone(s):______________________________________________________________________ Home Cell Work Person Receiving Firearms Signature:_________________________________ Date:______________ Officer’s Signature & Badge#:________________________________________ Date:______________ 397 Page 114 MAKE MODEL CALIBER SERIAL# Appendix B - Sample Court Order 398 Page 115 District Court_____________________________ Judicial District________________ On or by ________________________________, you are hereby ordered by the court to contact (Date) the ________________________________________ at _(Area Code)____________________ (Law Enforcement Agency) (Telephone #) to set up an appointment to surrender your firearm(s) pursuant to: The authority for this transfer of firearm(s) is established under Minn. Stat. 260C.201 Domestic Child Abuse; Minn. Stat. 518B.01 Order for Protection; Minn. Stat. 609.2242 Domestic Assault; Minn. Stat. 609.749 Stalking; and Minn. Stat. 624.713 Certain Persons Not to Possess Firearms The surrender must be completed on or by ________________________________. You are not (Date) authorized to surrender your firearm(s) without making an appointment with the aforementioned law enforcement agency. ________________________________________________ (District Court Judge Signature) ALL FIREARMS SHALL BE SURRENDERED UNLOADED AND SECURED IN A GUN CASE WITHOUT EXCEPTION! List All Law Enforcement Agencies within District Court Jurisdiction: 399 Page 116 G.P. 2.11 Effective Date: October 1, 2019 Sexual Assault Investigation I. PURPOSE The purpose of this policy is to provide employees with guidelines for responding to reports of sexual assault. This agency will strive: A. To afford maximum protection and support to victims of sexual assault or abuse through a coordinated program of law enforcement and available victim services with an emphasis on a victim centered approach; B. To reaffirm peace officers' authority and responsibility to conducting thorough preliminary and follow up investigations and to make arrest decisions in accordance with established probable cause standards; C. To increase the opportunity for prosecution and victim services. II. POLICY It is the policy of the Golden Valley Police Department to recognize sexual assault as a serious problem in society and to protect victims of sexual assault by ensuring its peace officers understand the laws governing this area. The goal of this policy is in part to improve victim experience in reporting so that more people are encouraged to report. All employees should take a professional, victim-centered approach to sexual assault s, protectively investigate these crimes, and coordinate with prosecution in a manner that helps restore the victim’s dignity and autonomy. While doing so, it shall be this agency’s goal to decrease the victim’s distress, increase the victim’s understanding of the criminal justice system and process, and promote public safety. Peace officers will utilize this policy in response to sexual assault reported to this agency. This agency will aggressively enforce the laws without bias and prejudice based on race, marital status, sexual orientation, economic status, age, disability, gender, religion, creed, or national origin. III. DEFINITIONS For purpose of this policy, the words and phrases in this section have the following meaning given to them, unless another intention clearly appears. A. Consent: As defined by Minn. Stat. 609.341, which states: 400 Page 117 (1) Words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act. (2) A person who is mentally incapacitated or physically helpless as defined by Minnesota Statute 609.341 cannot consent to a sexual act. (3) Corroboration of the victim's testimony is not required to show lack of consent. B. Child or Minor: a person under the age of 18. C. Medical Forensic Examiner: The health care provider conducting a sexual assault medical forensic examination. D. Sexual Assault: A person who engages in sexual contact or penetration with another person in a criminal manner as identified in MN Statute 609.342 to 609.3451. E. Family and Household Member: As defined in Minn. Stat. 518.B.01 Subd.2.b. to include: (1) spouses or former spouses; (2) parents and children; (3) persons related by blood; (4) persons who are presently residing together or who have resided together in the past; (5) persons who have a child in common regardless of whether they have been married or have lived together at any time; (6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and (7) persons involved in a significant romantic or sexual relationship F. Sexual Assault Medical Forensic Examination: An examination of a sexual assault patient by a health care provider, ideally one who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients. G. Victim Advocate: A Sexual Assault Counselor defined by Minn. Stat. 595.02, subd. 1(k) and/or Domestic Abuse Advocate as defined by Minn. Stat. 595.02, subd. 1(1) who provide confidential advocacy services to victims of sexual assault and domestic abuse. Victim advocates as defined provide coverage in all counties in Minnesota. Minnesota Office of Justice Programs (MN OJP) can assist departments in locating their local victim advocacy agency for the purposes outlined in this policy. H. Victim Centered: A victim-centered approach prioritizes the safety, privacy and well-being of the victim and aims to create a supportive environment in which the victim’s rights are respected and in which they are treated with dignity and respect. This approach acknowledges and respects a victims’ input into the criminal justice response and recognizes victims are not responsible for the crimes committed against 401 Page 118 them. I. Vulnerable Adult: any person 18 years of age or older who: (1) is a resident inpatient of a facility as defined in Minn. Stat. 626.5572. Subd. 6; (2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4); (3) receives services from a home care provider required to be licensed under sections 144A.43 to 144A.482; or from a person or organization that exclusively offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under sections 256B.0625, subdivision 19a, 256B.0651 to 256B.0654, and 256B.0659; or (4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction: (i) that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and (ii) because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment. IV. PROCEDURES A. Communications Personnel Response/Additional Actions by Responding Officers Communications personnel and/or law enforcement officers should inform the victim of ways to ensure critical evidence is not lost, to include the following: 1) Suggest that the victim not bathe, or clean him or herself if the assault took place recently. 2) Recommend that if a victim needs to relieve themselves, they should collect urine in a clean jar for testing, and should avoid wiping after urination. 3) Asking the victim to collect any clothing worn during or after the assault and if possible, place in a paper bag, instructing the victim not to wash the clothing (per department policy). 4) Reassure the victim that other evidence may still be identified and recovered even if they have bathed or made other physical changes. B. Initial Officer Response When responding to a scene involving a sexual assault, officers shall follow standard incident response procedures. In addition, when interacting with victims, officers shall do the following: 402 Page 119 1) Recognize that the victim experienced a traumatic incident and may not be willing or able to immediately assist with the criminal investigation. 2) The officer shall attempt to determine the location/jurisdiction where the assault took place. 3) Explain the reporting process including the roles of the first responder, investigator, and anyone else with whom the victim will likely interact during the course of the investigation. 4) Officers are encouraged to connect the victim with local victim advocates as soon as possible. Inform the victim that there are confidential victim advocates available to address any needs they might have and to support them through the criminal justice system process. Provide the victim with contact information for the local victim advocate. Upon victim request the officer can offer to contact local victim advocate on behalf of the victim. 5) Ask about and document signs and symptoms of injury, to include strangulation. Officers shall attempt to obtain a signed medical release from the victim. 6) Ensure that the victim knows they can go to a designated facility for a forensic medical exam. Offer to arrange for transportation for the victim. 7) Identify and attempt to interview potential witnesses to the sexual assault and/or anyone the victim told about the sexual assault. 8) Request preferred contact information for the victim for follow-up. C. Victim Interviews This agency recognizes that victims of sexual assault due to their age or physical, mental or emotional distress, are better served by utilizing trauma informed interviewing techniques and strategies. Such interview techniques and strategies eliminate the duplication of interviews and use a question and answer interviewing format with questioning nondirective as possible to elicit spontaneous responses. In recognizing the need for non-traditional interviewing techniques for sexual assault victims, officers should consider the following: • Offer to have a confidential victim advocate present (if possible) if the victim would benefit from additional support during the process • Whenever possible, conduct victim interviews in person • Make an effort to conduct the interview in a welcoming environment • Let the victim share the details at their own pace 403 Page 120 • Recognize victims of trauma may have difficulty remembering incidents in a linear fashion and may remember details in days and weeks following the assault • After the initial interview, consider reaching out to the victim within a few days, after at least one sleep cycle to ask if they remember any additional details. • Depending on the victim, additional interviews might be needed to gather additional information. Offer support from a victim advocate to the victim to help facilitate engagement with the investigative process and healing. • Some victims do remember details vividly and might want to be interviewed immediately. • During initial and subsequent victim interviews, officers should note the following information as victims share it, recognizing that a victim may not be able to recall all the details of the assault during a particular interview. 1) Whether the suspect was known to the victim 2) How long the victim knew the suspect 3) The circumstances of their meeting and if there is any indication of the use of drugs or alcohol to facilitate the sexual assault 4) The extent of their previous or current relationship 5) Any behavioral changes that led the situation from one based on consent to one of submission, coercion, fear, or force 6) Specific actions, statements, and/or thoughts of both victim and suspect immediately prior, during, and after assault 7) Relevant communication through social media, email, text messages, or any other forms of communication D. Special Considerations—Minors and Vulnerable Adults/Domestic Abuse Victims 1. Minors and Vulnerable Adults This agency recognizes that certain victims, due to their age or a physical, mental, or emotional distress, are better served by utilizing interview techniques and strategies that eliminate the duplication of interviews and use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. Members of this agency will be alert for victims who would be best served by the use of these specialized interview techniques. Officers, in making this determination, should consider the victim’s age, level of maturity, communication skills, intellectual capacity, emotional state, and any other observable factors that would indicate specialized interview techniques would be appropriate for a particular victim. When an officer determines that a victim requires the use of these specialized interview techniques, the officer should follow the guidance below. a. Officers responding to reports of sexual assaults involving these sensitive population groups shall limit their actions to the following: (1) Ensuring the safety of the victim; (2) Ensuring the scene is safe; (3) Safeguarding evidence where appropriate; (4) Collecting any information necessary to identify the suspect; and 404 Page 121 (5) Addressing the immediate medical needs of individuals at the scene b. Initial responding officers should not attempt to interview the victim in these situations, but should instead attempt to obtain basic information and facts about the situation, including the jurisdiction where the incident occurred and that a crime most likely occurred. Officers should seek to obtain this information from parents, caregivers, the reporting party, or other adult witnesses, unless those individuals are believed to be the perpetrators. c. Officers responding to victims with special considerations must comply with the mandated reporting requirements of Minnesota Statute Section 260E.06 and 626.557, as applicable. Officers investigating cases involving victims with special considerations should coordinate these investigations with the appropriate local human services agency where required. Any victim or witness interviews conducted with individuals having special considerations must be audio and video recorded whenever possible. All other interviews must be audio recorded whenever possible. Not all sexual assaults of minor victims require a mandatory report to social services. This policy recognizes that in certain cases, notifying and/or the involvement of a parent/guardian can cause harm to the minor and/or impede the investigation. Officers responding to the sexual assault of a minor victim that does not trigger a mandated report under Minnesota Statute Section 260E.22 should assess for the impact on the victim and the investigation if parents/guardians were notified before making a decision to involve them. d. Officers should obtain necessary contact information for the victim’s caregiver, guardian or parents and where the victim may be located at a later time. Officers should advise the victim and/or any accompanying adult(s), guardians or caregivers that an investigating officer will follow up with information on a forensic interview. e. The officer should advise the victim’s caregiver, guardian or parent that if the victim starts to talk about the incident they should listen to them but not question them as this may influence any future statements. 2. Victims of Domestic Abuse Officers responding to a report of sexual assault committed against a family and household member must also follow the requirements and guidelines in this agency’s domestic abuse policy and protocol, in addition to the guidelines in this policy. E. Protecting Victim Rights 1) Confidentiality: Officers should explain to victims the limitations of confidentiality in a criminal investigation and that the victim’s identifying 405 Page 122 information is not accessible to the public, as specified in Minn. Stat. section 13.82, subd. 17(b) 2) Crime Victim Rights: Officers must provide the following information to the victim: a. Crime victim rights and resource information required to be provided to all victims as specified by Minn. Stat. section 611A.02, subd. 2(b) b. If the suspect is a family or household member to the victim, crime victim rights and resource information required to be provided to domestic abuse victims, as specified by Minn. Stat. section 629.341, subd. 3. c. The victim’s right to be informed of the status of a sexual assault examination kit upon request as provided for under Minn. Stat. section 611A.27, subd. 1. d. Pursuant to Minn. Stat. 611A.26, subd. 1, no law enforcement agency or prosecutor shall require that a complainant of a criminal sexual conduct or sex trafficking offense submit to a polygraph examination as part of or a condition to proceeding with the investigation, charging or prosecution of such offense. 3) Other information: Officers should provide to the victim the agency’s crime report/ICR number, and contact information for the reporting officer and/or investigator or person handling the follow up. 4) Language access: All officers shall follow agency policy regarding limited English proficiency. F. Evidence Collection 1) Considerations for Evidence Collection Officers shall follow this agency’s policy on crime scene response. In addition, officers may do the following: a. Collect evidence regarding the environment in which the assault took place, including indications of isolation and soundproofing. The agency should consider utilizing their agency or county crime lab in obtaining or processing the scene where the assault took place. This should be in accordance to any/all other policies and procedures relating to evidence collections. b. Document any evidence of threats or any communications made by the suspect, or made on behalf of the suspect, to include those made to individuals other than the victim. c. In situations where it is suspected that drugs or alcohol may have facilitated the assault, officers should assess the scene for evidence such as drinking glasses, alcohol bottles or cans, or other related items. 406 Page 123 d. If the victim has declined or a medical forensic exam will not be conducted, the officer should obtain victim consent and attempt to take photographs of visible physical injuries, including any healing or old injuries. Victim should be given directions about how to document any bruising or injury that becomes evidence later after these photographs are taken. G. Sexual Assault Medical Forensic Examinations 1) Prior to the sexual assault medical forensic examination the investigating officer should do the following: a. Ensure the victim understands the purpose of the sexual assault medical forensic exam and its importance to both their general health and wellness and to the investigation. Offer assurance to the victim that they will not incur any out-of-pocket expenses for forensic medical exams and provide information about evidence collection, storage and preservation in sexual assault cases. b. Provide the victim with general information about the procedure, and encourage them to seek further detail and guidance from the forensic examiner, health care professional, or a victim advocate. Officers and investigators cannot deny a victim the opportunity to have an exam. c. Officers should be aware and if necessary, relay to victims who do not want to undergo an exam that there might be additional treatments or medications they are entitled to even if they do not want to have an exam done or have evidence collected. Victims can seek that information from a health care provider or a victim advocate. If possible, transport or arrange transportation for the victim to the designated medical facility. d. Ask the victim for a signed release for access to medical records from the exam. 2) Officers should not be present during any part of the exam, including during the medical history. 3) Following the exam, evidence collected during the exam shall be handled according to the requirements of agency policy and Minnesota Statute 299C.106. H. Contacting and Interviewing Suspects Prior to contacting the suspect, officers should consider the following: 1) Conduct a background and criminal history check specifically looking for accusations, criminal charges, and convictions for interconnected crimes, especially crimes involving violence. 2) Consider conducting a pretext or confrontational call or messaging depending on jurisdictional statutes. Involvement of a victim should be based on strong consideration of the victim’s emotional and physical state. A victim advocate should be present whenever possible to offer support. 3) When possible, an attempt would be made to interview the suspect in person. 407 Page 124 4) In situations where suspects do not deny that a sexual act occurred, but rather assert that it was with the consent of the victim, officers should do the following: a. Collect evidence of past communication, including but not limited to all relevant interaction (including social media) between the suspect and victim. b. Identify events that transpired prior to, during, and after the assault in an effort to locate additional witnesses and physical locations that might lead to additional evidence. 5) For sexual assaults involving strangers, officers should focus investigative efforts on the collection of video, DNA, and other trace evidence used for analysis to identify the perpetrator (handle evidence collection per agency policy). I. Forensic Examination and/or the Collection of Evidence from the Suspect Note: A suspect’s forensic examination and/or the collection of evidence from a suspect may be done by either an investigating officer/investigator, Forensic Medical Examiner, or the agency/county crime lab personnel. 1) Prior to or immediately after the preliminary suspect interview, photograph any injuries. 2) Determine whether a sexual assault medical forensic examination should be conducted. 3) Ask for the suspect’s consent to collect evidence from their body and clothing. However, officers/investigators should consider obtaining a search warrant, with specific details about what evidence will be collected, and should be prepared in advance to eliminate the opportunity for the suspect to destroy or alter evidence if consent is denied. 4) During the suspect’s sexual assault medical forensic examination, the investigator, evidence technician, or forensic examiner should do the following: a. Strongly consider penile swabbing, pubic hair combings, and collection of other potential DNA evidence; b. Collect biological and trace evidence from the suspect’s body; c. Document information about the suspect’s clothing, appearance, scars, tattoos, piercings, and other identifiable marks; d. Seize all clothing worn by the suspect during the assault, particularly any clothing touching the genital area; e. Document the suspect’s relevant medical condition and injuries. J. Role of the Supervisor Supervisors may do the following: 1) Assist officers investigating incidents of sexual assault when possible or if requested by an officer. 2) Provide guidance and direction as needed. 3) Review sexual assault reports to ensure that necessary steps were taken during initial response and investigations. K. Case Review/Case Summary 408 Page 125 A supervisor should ensure cases are reviewed on an on-going basis. The review process should include an analysis of: 1) Case dispositions 2) Decisions to collect evidence 3) Submissions of evidence for lab testing 4) Interviewing decisions 409 Page 126 G.P. 2.12 Effective Date: November 1, 2020 Eyewitness Identification Procedure PURPOSE It is the purpose of this policy to establish guidelines for eyewitness identification procedures involving show-ups, photo arrays, and line-ups. Erroneous eyewitness identifications have been cited as the factor most frequently associated with wrongful convictions. Therefore, in addition to eyewitness identification, all appropriate investigative steps and methods should be employed to uncover evidence that either supports or eliminates the suspect identification. POLICY Officers shall adhere to the procedures for conducting eyewitness identifications set forth in this policy, in order to maximize the reliability of identifications, minimize erroneous identifications, and gather evidence that conforms to contemporary eyewitness identification protocols. Photo arrays and line-ups will be conducted by displaying the suspect and fillers sequentially using a blind or blinded administration. Definitions: DEFINITIONS Show-up: The presentation of a suspect to an eyewitness within a short time frame following the commission of a crime to either confirm or eliminate him or her as a possible perpetrator. Show- ups, sometimes referred to as field identifications, are conducted in a contemporaneous time frame and proximity to the crime. Line-up: The process of presenting live individuals to an eyewitness for the purpose of identifying or eliminating suspects. Photo Array: A means of presenting photographs to an eyewitness for the purpose of identifying or eliminating suspects. Administrator: The law enforcement official conducting the identification procedure. Blinded Presentation: The administrator may know the identity of the suspect, but does not know which photo array member is being viewed by the eyewitness at any given time. Confidence Statement: A statement in the witness’s own words taken immediately after an identification is made stating his or her level of certainty in the identification. Filler: A live person, or a photograph of a person, included in an identification procedure who is not considered a suspect. 410 Page 127 Sequential: Presentation of a series of photographs or individuals to a witness one at a time. Simultaneous: Presentation of a series of photographs or individuals to a witness all at once. PROCEDURE 1. Show-ups The use of show-ups should be avoided whenever possible in preference to the use of a lineup or photo array procedure. However, when circumstances require the prompt presentation of a suspect to a witness, the following guidelines shall be followed to minimize potential suggestiveness and increase reliability. a. Document the witness’s description of the perpetrator prior to conducting the show up. b. Conduct a show-up only when the suspect is detained within a reasonably c. time frame after the commission of the offense and within a close physical proximity to the location of the crime. d. Do not use a show-up procedure if probable cause to arrest the suspect has already been established. e. If possible, avoid conducting a show-up when the suspect is in a patrol car, handcuffed, or physically restrained by officers, unless safety concerns make this impractical. f. Caution the witness that the person he or she is about to see may or may not be the perpetrator—and it is equally important to clear an innocent person. The witness should also be advised that the investigation will continue regardless of the outcome of the show-up. g. Do not conduct the show-up with more than one witness present at a time. h. Separate witnesses and do not allow communication between them before or after conducting a show-up. i. If one witness identifies the suspect, use a line-up or photo array for remaining witnesses. j. Do not present the same suspect to the same witness more than once. k. Do not require show-up suspects to put on clothing worn by, speak words uttered by, or perform other actions of the perpetrator. l. Officers should scrupulously avoid words or conduct of any type that may suggest to the witness that the individual is or may be the perpetrator. 411 Page 128 m. Ask the witness to provide a confidence statement. n. Remind the witness not to talk about the show-up to other witnesses until police or prosecutors deem it permissible. o. Videotape the identification process using an in-car camera or other recording device when feasible. p. Document the time and location of the show-up, the officers present, the result of the procedure, and any other relevant information. Line-up and Photo Array Procedures 2. Basic Procedures for Conducting a Line-up or Photo Array a. Line-ups will not typically be utilized for investigations, unless conducting a photo array is not possible. b. Whenever possible, a blind presentation shall be utilized. In cases where a blind presentation is not feasible for a photo array, a blinded presentation should be used. Live line-ups must be conducted using a blind presentation. c. The line-up or photo array should consist of a minimum of six individuals or photographs. Use a minimum of five fillers and only one suspect. d. Fillers should be reasonably similar in age, height, weight, and general appearance and be of the same sex and race, in accordance with the witness’s description of the offender. e. Avoid the use of fillers who so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers. f. Create a consistent appearance between the suspect and the fillers with respect to any unique or unusual feature (e.g., scars, tattoos, facial hair) used to describe the perpetrator by artificially adding or concealing that feature on the fillers. g. If there is more than one suspect, include only one in each line-up or photo array. h. During a blind presentation, no one who is aware of the suspect’s identity should be present during the administration of the photo array. However, during a line-up, the suspect’s attorney should be present. i. Place suspects in different positions in each line-up or photo array, both across cases and with multiple witnesses in the same case. 412 Page 129 j. Witnesses should not be permitted to see or be shown any photos of the suspect prior to the line-up or photo array. k. The witness shall be given a copy of the following instructions prior to viewing the line- up or photo array and the administrator shall read the instructions aloud before the identification procedure. You will be asked to look at a series of individuals. The perpetrator may or may not be present in the identification procedure. It is just as important to clear innocent persons from suspicion as it is to identify guilty parties. I don’t know whether the person being investigated is included in this series. Sometimes a person may look different in a photograph than in real life because of different hair styles, facial hair, glasses, a hat or other changes in appearance. Keep in mind that how a photograph was taken or developed may make a person’s complexion look lighter or darker than in real life. You should not feel that you have to make an identification. If you do identify someone, I will ask you to describe in your own words how certain you are. The individuals are not configured in any particular order. If you make an identification, I will continue to show you the remaining individuals or photos in the series. Regardless of whether you make an identification, we will continue to investigate the incident. Since this is an ongoing investigation, you should not discuss the identification procedures or results l. The line-up or photo array should be shown to only one witness at a time; officers should separate witnesses so they will not be aware of the responses of other witnesses. m. Multiple identification procedures should not be conducted in which the same witness views the same suspect more than once. n. Officers should scrupulously avoid the use of statements, cues, casual comments, or providing unnecessary or irrelevant information that in any manner may influence the witnesses’ decision-making process or perception. o. Following an identification, the administrator shall ask the witness to provide a confidence statement and document the witness’s response. 413 Page 130 p. The administrator shall ask the witness to complete and sign an Eyewitness Identification Procedure Form. q. Line-up and photo array procedures should be video or audio recorded whenever possible. If a procedure is not recorded, a written record shall be created and the reason for not recording shall be documented. In the case of line-ups that are not recorded, agents shall take and preserve a still photograph of each individual in the line-up. 3. Photographic Arrays a. Creating a Photo Array 1. Use contemporary photos. 2. Do not mix color and black and white photos. 3. Use photos of the same size and basic composition. 4. Never mix mug shots with other photos and ensure consistent appearance of photograph backgrounds and sizing. 5. Do not include more than one photo of the same suspect. 6. Cover any portions of mug shots or other photos that provide identifying information on the subject – and similarly cover other photos used in the array. 7. Where the suspect has a unique feature, such as a scar, tattoo, or mole or distinctive clothing that would make him or her stand out in the photo array, filler photographs should include that unique feature either by selecting fillers who have the same features themselves or by altering the photographs of fillers to the extent necessary to achieve a consistent appearance. 8. Fillers should not be reused in arrays for different suspects shown to the same witness. b. Conducting the Photo Array 1. The photo array should be preserved, together with full information about the identification process as part of the case file and documented in a report. 2. If a blind administrator is not available, the administrator shall ensure that a blinded presentation is conducted using the following procedures. a. Place the suspect and at least five filler photos in separate folders for a total of six (or more depending on the number of fillers used). b. The administrator will take one folder containing a known filler and place it to the side. This will be the first photo in the series. The administrator should then shuffle the remaining folders (containing one suspect and the remainder of fillers) such that he or she cannot see how the line-up members are ordered. These shuffled folders will follow the first filler photo. The stack of photos is now ready to be shown to the witness. c. The administrator should position himself or herself so that he or she cannot see inside the folders as they are viewed by the witness. 3. The witness should be asked if he or she recognizes the person in the photo before moving onto the next photo. If an identification is made before all of the photos are shown, the administrator should tell the witness that he or she 414 Page 131 must show the witness all of the photos and finish showing the sequence to the witness, still asking after each photo if the witness recognizes the person in the photo. 4. If possible, the array should be shown to the witness only once. If, upon viewing the entire array the witness asks to see a particular photo or the entire array again, the witness should be instructed that he or she may view the entire array only one additional time. If a second viewing is permitted, it must be documented. 4. Line-ups a. Conducting the Line-up 1. Live line-ups shall be conducted using a blind administrator. 2. Ensure that all persons in the line-up are numbered consecutively and are referred to only by number. b. The primary investigating officer is responsible for the following: 1. Scheduling the line-up on a date and at a time that is convenient for all concerned parties, to include the prosecuting attorney, defense counsel, and any witnesses. 2. Ensuring compliance with any legal requirements for transfer of the subject to the line-up location if he or she is incarcerated at a detention center. 3. Making arrangements to have persons act as fillers. 4. Ensuring that the suspect’s right to counsel is scrupulously honored and that he or she is provided with counsel if requested. Obtaining proper documentation of any waiver of the suspect’s right to counsel. 5. Allowing counsel representing the suspect sufficient time to confer with his or her client prior to the line-up and to observe the manner in which the line-up is conducted. References: References: Sequential Photo Display Form 415 Page 132 Sequential Photo Display Form SEQUENTIAL PHOTO DISPLAY FORM (Witness Side) Dept: ______________Case #: _____________ OFFENSE: ____________ Lineup ID# _____ WITNESS: ______________ DOB _________ ADMINISTRATOR: _______________ DATE: __________ TIME: _______ INVESTIGATOR ASSIGNED: _______________ READ TO WITNESS BEFORE PHOTO DISPLAY: ___ 1. I am about to show you a set of photos. The person who committed the crime [or: ______________________] may or may not be included. (SELECT ONE OF THESE OPTIONS AND READ) ___ 2. (IA) I do not know whether the person being investigated is included OR ___ 2. (FE) I do not know the order of the photos. ___ 3. Even if you identify someone during this procedure, I will continue to show you all photos in the series. ___ 4. Keep in mind that a photo may be an old one. Some things, like hair styles, can be changed, and skin colors may look slightly different in photographs. ___ 5. You should not feel you have to make an identification. It is just as important to clear innocent persons as it is to identify the guilty. Whether or not you identify someone, the investigation will continue. ___ 6. You will see only one photo at a time. They are not in any particular order. Take as much time as you need to look at each one. You should avoid discussing this procedure or the results with any other potential witness in the case. Please initial here if you understand these instructions. ____ (WITNESS TO INITIAL) _______________________________________________________________________ TO BE COMPLETED BY WITNESS AFTER PHOTO DISPLAY: The sequential photo lineup I was shown consisted of ___ photos. I am unable to select any photo as being the person(s) who _____________. I have selected photo(s) # _____ as the person who ___________________. (IF SELECTION MADE) How certain are you of your identification? _____________________________________ Date: _____________ Time: _____ Witness signature (Have witness sign and date any photo picked and attach to this report.) 416 Page 133 SEQUENTIAL PHOTO DISPLAY FORM (Administrator Side) C.N. ______________ Witness: __________________ Lineup ID # ________________ Administrator does does not know identity of suspect. ______________________________________________________________________________ __ Instructions to administrator (READ BEFORE SHOWING PHOTO DISPLAY): A sequential photo lineup must either be presented by an independent administrator [IA] (a person who does not know the identity of the suspect) or, if unavailable, a functional equivalent [FE] method must be used. Functional equivalent means (1) that the administrator cannot see and does not know the order of the photos and (2) that the witness knows the administrator does not know the order. Before beginning the photo display, determine which of these two methods is used (IA or FE), select the appropriate instruction # 2 and cross out the inapplicable # 2. Fill out the case information on the top of the form. Read instructions on reverse side to witness and have witness initial at end. Show photos one at a time. Only one photo at a time may be visible. As each photo is displayed, ask “Is this the person who [insert crime]?” If yes, ask, “How certain are you of your identification?” Even if identification is made, continue showing remaining photos. After all photos have been displayed, repeat display ONLY if witness requests it. In any repeat, ALL photos must be displayed in the same sequence, even if the witness only requests to see a particular photo or photos again. Ask witness to complete witness portion of the form and sign it. If any selection is made, have the witness sign and date the photo (or photos) selected. The photo display used must be preserved. (Attach copy to this form.) BE CAREFUL NOT TO PROVIDE ANY FEEDBACK TO WITNESS ON EITHER IDENTIFICATION OR NON-IDENTIFICATION. After witness has completed witness portion of the form, complete administrator portion of the form. This includes asking the certainty question, administrator observations and number of times display was shown. Departmental policy may also require a standard supplementary report. _________________________________________________________________________ To be completed during and after photo display: Comments made by the witness to any photograph during the photo display (note photo #): (If identification made) How certain are you of your identification? Additional observations by administrator (e.g., any physical response or other comments by witness): Sequential lineup was shown once / _____ times ___________________________________ Date: _____________ Time: _________ Administrator's signature Have witness complete front side. Attach copy of ph oto display used. Have witness sign and date any photo picked. 417 Page 134 G.P. 2.13 Effective Date: July 22, 2022 CONFIDENTIAL INFORMANTS POLICY MN STAT 626.8476 Approved by the POST Board on 4/21/22 I. POLICY It is the policy of the GVPD to establish procedures and protocols that take necessary precautions concerning the recruitment, control and use of confidential informants. II. DEFINITIONS A. Confidential Informant (CI): A person who cooperates with a law enforcement agency confidentially in order to protect the person or the agency’s intelligence gathering or investigative efforts and; 1. seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in which a sentence will be or has been imposed, or receive a monetary or other benefit; and 2. is able, by reason of the person’s familiarity or close association with suspected criminals, to: i. make a controlled buy or controlled sale of contraband, co ntrolled substance, or other items that are material to a criminal investigation; ii. supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or iii. otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts. B. Controlled Buy: means the purchase of contraband, controlled substances, or other items that are material to a criminal investigation from a target offender that is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of a confidential informant. C. Controlled Sale: means the sale of contraband, controlled substances, or other items tha t are material to a criminal investigation to a target offender that is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of a confidential informant. D. Mental Harm: means a psychological injury that is not necessarily permanent but results in visibly demonstrable manifestations of a disorder of thought or mood that impairs a person’s judgment or behavior. E. Target Offender: means the person suspected by law enforcement personnel to be implicated in criminal acts by the activities of a confidential informant. F. Confidential Informant File: means a file maintained to document all information that pertains to a confidential informant. 418 Page 135 G. Unreliable Informant File: means a file containing information pertaining to an individual who has failed at following an established written confidential informant agreement and has been determined to be generally unfit to serve as a confidential informant. H. Compelling Public Interest: means, for purposes of this policy, situations in which failure to act would result or likely result in loss of life, serious injury, or have some serious negative consequence for persons, property, or public safety and therefore demand action. I. Overseeing agent: means the officer primarily responsible for supervision and management of a confidential informant. III. PROCEDURES A. Initial Suitability Determination An initial suitability determination must be conducted on any individual being consid ered for a role as a CI. The initial suitability determination includes the following: 1. An officer requesting use of an individual as a CI must complete an Initial Suitability Report. The report must be submitted to the appropriate individual or entity, as determined by the agency chief executive, to review for potential selection as a CI. The report must include sufficient detail regarding the risks and benefits of using the individual so that a sound determination can be made. The following information must be addressed in the report, where applicable: a. Age, sex, and residence b. Employment status or occupation c. Affiliation with legitimate businesses and illegal or suspicious enterprises d. Extent to which potential information, associations, or other assistance could benefit a present or future investigation e. Relationship with the target of an investigation f. Motivation in providing information or assistance g. Risk of adversely affecting an existing or future investigation h. Extent to which provided information can be corroborated i. Prior record as a witness j. Criminal history, to include whether he or she is the subject of a pending investigation, is under arrest, or has been charged with a crime k. Risk to the public or as a flight risk l. Consultation with the individual’s probation, parole, or supervised release agent if any m. Consideration and documentation of the individual’s diagnosis of mental illness, substance use disorder, traumatic brain injury, or disability; and consideration and documentation of the individual’s history of mental illness, substance use disorder, traumatic brain injury or disability n. Relationship to anyone in law enforcement o. Risk of physical harm to the potential CI or their immediate family or relatives for cooperating with law enforcement p. Prior or current service as a CI with this or another law enforcement organization 2. Prior to an individual’s use as a CI, a supervisor or other designated authority must review the Initial Suitability Report and determine if the individual is authorized to serve as a CI. 419 Page 136 3. Any prospective or current CI must be excluded from engaging in a controlled buy or sale of a controlled substance if the prospective or current CI: a. is receiving in-patient treatment or partial-hospitalization treatment administered by a licensed service provider f or a substance use disorder or mental illness; or b. is participating in a treatment-based drug court program or treatment court; except that c. the prospective or current CI may provide confidential information while receiving treatment, participating in a treatment -based drug court program or treatment court. 4. Documentation and special consideration must be made of the risks involved in engaging a prospective or current CI in the controlled buy or sale of a controlled substance if the individual is known, or has reported, to have experienced a drug overdose in the previous 12 months. 5. Any prospective or current CI who is known to abuse substances, or is at risk for abusing substances, should be provided referral to prevention or treatment services. 6. Any prospective or current CI that has a physical or mental illness that impairs the ability of the individual to understand instructions a nd make informed decisions should be referred to a mental health professional or other appropriate medical professional, or a case manager/social worker from the county social services agency, or other substance abuse and mental health services. 7. Each CI’s suitability must be reviewed every 6 months, at a minimum, during which time the CI’s overseeing agent must submit a Continuing Suitability Report addressing the foregoing issues in III.A.1.a –p, and III.A.3-6, where applicable. An initial suitability determination must be conducted on a reactivated CI regardless of the length of inactivity. 8. Any information that may negatively affect a CI’s suitability during the course of their use must be documented in the CI’s file and forwarded to the appropriate authorized personnel as soon as possible. 9. Supervisors must review informant files regularly with the overseeing agent and must attend debriefings of CIs periodically as part of the informant management process. If a CI is active for more than 12 months, a supervisory meeting with the CI must be conducted without the overseeing agent. 10. CI contracts must be terminated, and the CI file placed in inactive status when the CI has not been utilized for 6 months or more. B. Exigent Confidential Informants 1. Certain circumstance arise when an individual who has been arrested is willing to immediately cooperate and perform investigative activities under the direction of an overseeing agent. In these circumstances, the initial suitability determin ation can be deferred and an individual may be utilized as a CI for a period not to exceed 12 hours from the time of arrest if: a. The individual is not excluded from utilization as a CI under III.A(3)(a -c) of this policy; and b. There is compelling public interest or exigent circumstances exist that demand immediate utilization of the individual as a CI and any delay would significantly and negatively affect any investigation; and c. A supervisor has reviewed and approved the individual for utilization as a CI under these circumstances. 420 Page 137 2. Upon the conclusion of the 12 -hour window, or at any time before, an initial suitability determination must be conducted before the individual engages in any further CI activities. C. Special CI Approval Requirements Certain individuals who are being considered for use as a CI require special review and approval. In all instances, the agency’s chief executive or their designee and the office of the prosecutor or county attorney should be consulted prior to the use o f these individuals as CIs. These individuals include the following: 1. Juveniles a. Use of a juvenile under the age of 18 for participating in a controlled buy or sale of a controlled substance or contraband may be undertaken only with the written authorization of the individual’s parent(s) or guardian(s), except that the juvenile informant may provide confidential information. b. Authorization for such use should be granted only when a compelling public interest can be demonstrated, except that c. Juveniles under the guardianship of the State may not be used as a CI. 2. Individuals obligated by legal privilege of confidentiality. 3. Government officials. D. General Guidelines for Overseeing CIs General guidelines for overseeing CIs are as follows: 1. CIs must be treated as assets of the agency, not the individual overseeing agent. 2. No promises or guarantees of preferential treatment within the criminal justice system will be made to any informant without prior approval from the prosecuting authority. 3. CIs must not be used without authorization of the agency through procedures identified in this policy. 4. CIs must not be used to gather information purely of a political nature or for other information-gathering efforts that are not connected with a criminal investigation. 5. Under no circumstances must an informant be allowed access to restricted areas or investigators’ work areas within a law enforcement agency. 6. All CIs must sign and abide by the provisions of the agency’s CI agreement. 7. Any physical or mental illness that impairs the CI’s ability to knowingly contract or otherwise protect the informant’s self-interest must be taken into consideration before the CI signs the agreement. 8. The CI’s overseeing agent must discuss each of the provisions of the agreement with the CI, with particular emphasis on the following: a. CIs may voluntarily initiate deactivation, whereupon the protocols outlined in section E of this policy must be followed. b. CIs are not law enforcement officers. They have no arrest powers, are not permitted to conduct searches and seizures, and may not carry a weapon while performing activities as a CI. c. CIs found engaging in any illegal activity beyond what is authorized by the agency and conducted while under the supervision of an overseeing agent, will be subject to prosecution. d. CIs are prohibited from engaging in actions or activities that could be deemed entrapment. The meaning of the term and implic ations of such actions must be explained to each CI. e. CIs are prohibited from engaging in self -initiated information or intelligence gathering without agency direction and approval. The CI must not take any 421 Page 138 actions in furtherance of an investigation wit hout receiving specific instruction(s) from the overseeing agent or agency. f. Every reasonable effort will be taken to ensure the confidentiality of the CI but, upon judicial order, he or she may be required to testify in open court. g. CIs may be directed to wear a listening and recording device. h. CIs must be required to submit to a search before and after a controlled purchase. i. CIs who participate in unplanned or unanticipated activities or meet with a subject(s) under investigation in a location outside of the jurisdictional boundary of the handling agency must promptly report that activity or meeting to their overseeing agents. 9. CI activity outside jurisdictional boundaries: a. Investigators handling CIs who engage in operational activity i n locations outside the jurisdictional boundaries of the agency must coordinate with counterparts in law enforcement agencies that have jurisdiction in that location where the CI will operate before any activity occurs, or in a timely manner after unanticipated activity occurs and is brought to the attention of the overseeing agent. b. Any decision to defer or delay notice to or coordinate with an outside agency having jurisdiction in the area where a CI has or may operate must be documented, reviewed, and approved by the agency’s chief executive or their designee. 10. Officers must take the utmost care to avoid conveying any confidential investigative information to a CI, such as the identity of other CIs, surveillance activities, or search warrants, other than what is necessary and appropriate for operational purposes. 11. No member of this agency must knowingly maintain a social relationship with a CI, or otherwise become personally involved with a CI beyond actions required in the performance of duty. 12. Members of this agency must not solicit, accept gratuities from, or engage in any private business transaction with a CI. 13. Meetings with a CI must be conducted in private with another officer or agent present and with at least one officer or agent of the same sex, except when not practical. The meeting location should minimize the potential for discovery of the informant’s cooperation and provide sufficient space to complete necessary administrative duties. The meetings must be documented and subsequently entered into the individual’s CI file. 14. Overseeing agents must develop and follow a communications strategy and plan with the CI that minimizes, to the greatest extent possible, the risk of discovery or compromise of the relationship between the agency and the CI. This plan should also aim to prevent the detection, comprom ise, or interception of communications between the overseeing agent and the CI. 15. Procedures must be instituted to assist CIs with concealing their identity and maintaining their safety. Care should be given not to expose CIs to unnecessary safety risks. 16. Preceding or following every buy or sale of controlled substances, overseeing agents must screen the CI for any personal safety or mental health concerns, risk of substance abuse, and/or potential relapse in any substance abuse recovery. a. At the request of the CI, or if the overseeing agent deems it necessary, reasonable efforts should be taken to provide the CI with referral to substance abuse and/or mental health services. b. Overseeing agents must document: 422 Page 139 i. the screening, ii. any referral to services provided to, or requested by, the CI, and iii. any refusal by the CI to participate in the screening and/or any refusal by the CI to accept referral to services. Reasons for the CI’s refusal must be documented, where applicable. c. No part of this subsection supersedes MN Stat. 253B.05, sub.2. 17. Reasonable protective measures must be provided for a CI when any member of this agency knows or should have known of a risk or threat of harm to a person serving as a CI and the risk or threat of harm is a result of the informant’s service to this agency. 18. Overseeing agents must: a. evaluate and document the criminal history and propensity for violence of target offenders; and b. to the extent allowed, provide this information to the CI if there is a reasonable risk or threat of harm to the CI as a result of the CI’s interaction with the target offender. 19. Reasonable efforts and precautions must be made to help protect the identity of a CI during the time the person is acting as an informan t. 20. Whenever possible, officers must corroborate information provided by a CI and document efforts to do so. 21. The name of a CI must not be included in an affidavit for a warrant unless judicial authority is obtained to seal the document from the public record or the CI is a subject of the investigation upon which the affidavit is based. 22. Overseeing agents are responsible for ensuring that information of potential value to other elements of the agency is provided promptly to authorized supervisory personnel and/or other law enforcement agencies as appropriate. 23. Individuals leaving employment with the age ncy have a continuing obligation to maintain as confidential the identity of any CI and the information he or she provided unless obligated to reveal such identity or information by law or court order. E. Establishment of an Informant File System An informant file system must be established as follows: 1. The agency chief executive must designate a file supervisor who must be responsible for developing and maintaining master CI files and an indexing system. 2. A file must be maintained on each CI deemed suitable by the agency. 3. An additional Unreliable Informant File must be established for CIs deemed unsuitable during initial suitability determinations or at a later time. 4. Each file must be coded with an assigned informant control number for iden tification within the indexing system and must include the following information, where applicable: a. Name, aliases, and date of birth b. Height, weight, hair color, eye color, race, sex, scars, tattoos, or other distinguishing features c. Emergency contact information d. Name of the officer initiating use of the informant and any subsequent overseeing agents e. Photograph and criminal history record f. Current home address and telephone number(s) g. Residential addresses in the last five years h. Current employer, position, address, and telephone number i. social media accounts j. Marital status and number of children k. Vehicles owned and their registration numbers 423 Page 140 l. Places frequented m. Gang affiliations or other organizational affiliations n. Briefs of information provided by the CI and the CI’s subsequent reliability o. Special skills and hobbies p. Special areas of criminal expertise or knowledge q. A copy of the signed informant agreement 5. CI files must be maintained in a separate and secured area. 6. The file supervisor must ensure that information concerning CIs is strictly controlled and distributed only to officers and other authorities who have a need and a right to such information. 7. CI File Review a. Sworn personnel may review an individual’s CI file only upon the approval of the agency’s chief executive or their designee. b. The requesting officer must submit a written request explaining the need for review. A copy of this request, with the officer’s name, must be maintained in the individual’s CI file. c. Officers must not remove, copy, or disseminate information from the CI file. d. CI files must be reviewed only in designated areas of the law enforcement facility and returned as soon as possible to their secure file location. e. All disclosures or access to CI files must be recorded by the file supervisor, to include information such as the requesting officer or agency, the purpose of access or disclosure, the information conveyed, and the date and time of access or dissemination. f. No portion of an individual’s CI file must be entered into any other electronic or related database without controls sufficient to exclude access to all but authorized personnel with a need a nd a right to know. F. Deactivation of Confidential Informants A CI deactivation procedure must be established as follows: 1. The overseeing agent must complete a deactivation form that includes, at minimum, the following: a. The name of the agency. b. The name of the CI. c. The control number of the CI, where applicable. d. The date of deactivation. e. The reason for deactivation. f. A notification that contractual agreements regarding monetary re -numeration, criminal justice assistance, or other considerations, specified or not, are terminated. g. A notification that the agency will provide and assist the CI with referral to health services for assistance with any substance abuse disorder and/or physical, mental, or emotional health concerns, as requested or accepted by the CI. h. A signature by the CI or documentation indicating the reason(s) why the CI was unable or unwilling to sign the form. i. A signature by the overseeing agent. 2. All reasonable efforts must be taken to maintain the safety and anonymity of the CI after deactivation. 424 Page 141 G. Monetary Payments Monetary payments must be managed as follows: 1. All monetary compensation paid to CIs must be commensurate with the value of the information or assistance provided to the agency. 2. All CI payments must be approved in advance by the officer in charge of confidential funds. 3. Officers must provide accounting of monies received and documentation for confidential funds expended. Any documentation of monies paid or received should not contain the true identity of the informant but should use the CI’s control number. 4. Two officers must be present when making payments or providing funds to CIs. 5. The appropriate individual, as designated by the agency’s chief executive, must ensure that the process for authorization, disbursement, and documentation of CI payments, as well as the accounting and reconciliation of confidential funds, is consistent with agency policy. 6. If a CI is authorized to work with another law enforcement or prosecutorial agency, financial payments must be coordinated between the agencies in a manner that is proportionate to the assistance rendered to each agency and consistent with provision III.F.1. of this policy. 7. Written records of receipts are retained, or justification for the exception is documented when a written receipt is not available. 425 Page 142 Administrative Policies 426 Page 143 G.P. 4.01 Effective Date: November 1, 2021 Critical or Non-Critical Event Notification PURPOSE: The purpose of this policy is to ensure police administration is notified after a critical event or non- critical event has taken place. The notification is necessary so police administrators can properly make decisions involving police department staffing or equipment, notification of other city officials, and/or the handling of news media. DEFINITIONS: Critical Event (includes but is not limited to): A. Any city employee killed or seriously injured on the job B. Serious personal injury or fatal accident involving a city owned motor vehicle or another piece of city owned equipment C. Death of a person within the city by accidental or intentional means other than suicide D. A kidnapping E. An arrest of any person who holds a known elective office F. The death, serious injury, or serious illness of any police department employee or immediate family member, a police department retiree, city council member, the city manager, or a city department head, no matter by what cause or where it occurred G. SWAT Callout H. Ongoing hostage situation I. Use of deadly force by any department member J. Any event that draws media attention K. Police pursuit with injuries and/or media attention L. Crime of violence in which a victim sustains serious or life-threatening injuries M. Police operations resulting in significant injury to any member of the public not involved in the incident N. Any event not identified which the supervisor feels should be promptly brought to the attention of a command staff member. When uncertain about whether an incident is critical, decide in favor of notification Non-Critical Event (includes but is not limited to): A. Non-serious on-duty injury to a department employee which requires immediate medical attention B. Property damage or minor personal injury accident in which a department employee or department vehicle was involved C. Robbery or major burglary with no media attention D. Vehicle pursuit involving Golden Valley officers E. Felony narcotics arrests, other than 5th degree controlled substance offenses F. Search warrants executed in the city by Golden Valley or other law enforcement 427 Page 144 entities G. Felony crimes against persons involving 1st-4th degree assaults, non-domestic related H. Property crimes of a significant loss I. Cases involving suspect/prisoner injuries, suicides, or who require medical attention J. Use of force resulting in an injury that requires immediate medical attention K. Traffic fatality – likely fatality L. Incident involving a peace officer(s) from another jurisdiction in which that officer(s) is either suspect or victim M. Any incident involving good police work, teamwork, or investigation N. Neighborhood crime spree (theft from autos, burglaries, etc) likely to capture social media attention CRITICAL EVENT REPORTING PROCEDURE: The on-duty sergeant must notify the on-call command staff member whenever a critical event occurs. If a response to the scene is required or the sergeant determines an in -person notification is necessary, the sergeant will call the on-call command staff member. If the on-call command staff member, or another member of command staff cannot be reached, the police chief shall be notified. For critical incidents not requiring immediate notification, the sergeant will complete a supervisor's report of significant event and email the report to police administration and other sergeants. It is the responsibility of the on-call command staff member to regularly check his or her email. NON-CRITICAL EVENT REPORTING PROCEDURE: A supervisor's report of significant event shall be completed and emailed to all members of command staff, sergeants, detectives and crime analyst by the on-duty supervisor. 428 Page 145 G.P.4.02 Effective Date: January 1, 1987 Revised: November 2009 November 2014 Use of City Vehicles PURPOSE: 1. City vehicles are not considered as personal vehicles for the exclusive use of an employee but rather as a means of meeting departmental or functional transportation needs. 2. City has an obligation to furnish transportation where necessary on City business or to reimburse the employee by mileage payment or car allowance where the employee uses their own vehicle for City business. PROCEDURE: A City vehicle may be taken home on a routine basis only when the Council has given specific authorization. The following will be considered in granting any such authorization: (1)The distance from work to the employee's home; (2)The employee's job duties in being on call or emergency reporting basis, including the probable frequency of such calls; (3)The need of special equipment in making a response directly from the employee’s residence. City vehicles may be used by police officers, community service officers and fire inspectors living within the City to travel to and from their residence for authorized lunch and coffee breaks. Restricted uses: 1. City vehicles are not to be taken outside the City for meals or breaks unless the primary purpose of the trip is City business. Travel Allowance: A mileage allowance will be provided for employees using their personal vehicle for City business, such as court hearings, schools, conferences, and meetings. Employees will be reimbursed for travel in their personal vehicles only when there are no City vehicles available, or when the use of a City vehicle is not practical. In all cases, employees will not be reimbursed for commuting to and/or from the Public Safety Building, and any reimbursement to a remote location shall be only for mileage in excess of the normal commute by the employee to the Public Safety Building. 429 Page 146 Exceptions to this policy will only be made following prior approval from the chief, commanders, or a sergeant, based on the needs of the City. 430 Page 147 G.P.4.03 Effective Date: January 1, 1987 Accidents Involving Department Vehicles PURPOSE: This policy is intended to establish a uniform procedure for reporting Departmental vehicle accidents. PROCEDURE: 1. Officer or Employee's Procedures. A. When an employee is involved is an accident while operating a police vehicle, notification and request of a supervisor to be sent to the scene will be made immediately. B. The employee will not move the vehicle from point of impact until authorization is given by the supervisor unless lives are endangered. C. The following reports will be completed by the employee involved: (1) A Minnesota Vehicle Accident Report Form (white), if over $1000 damage total between vehicles. (2) An Offense Report containing a narrative description of the accident and the name of the other driver's insurance company and agent. (3) A Supervisors Report of Injury is to be completed by the employee’s supervisor if an injury to the employee occurs. (4) City Insurance Form. D. In the event the employee involved shall be physically unable to complete any or all of the above reports, it shall be the responsibility of the officer’s supervisor to complete all reports. 2. Investigative Procedures: The supervisor will be at the scene of the accident and insure that a complete and accurate investigation is made. The supervisor will make the determination whether or not another police agency shall be called out to investigate the accident. In cases of personal injury or large amount of damage, another law enforcement agency will be requested to investigate the accident. 431 Page 148 03. Report Submitting Procedures. A. All departmental accident cases will be forwarded to the shift supervisor for review. B. The supervisor shall review the reports for their completeness and will then forward copies of all reports to the Commander. Insurance: Effective February 1, 1993: Insurance Carrier: League of Minnesota Cities Trust Policy Number: CMC-13369 432 Page 149 G.P.4.04 Effective Date: March 1, 1993 Revised: November 2014 July 31, 2017 Use of Police Range PURPOSE: To establish a procedure controlling use of the Golden Valley Police Range. PROCEDURE: Persons other than Golden Valley Officers will be allowed to use the police range under the following conditions: 1. Shooting must not interfere with meetings in the adjacent room and must be approved by the on-duty police supervisor. 2. An off-duty Golden Valley Police Officer must accompany and remain with the guest(s) and accept responsibility for them. 3. The guest(s) must sign an indemnification agreement which will be filed with the Range Officer and kept for at least one year. 4. The guest(s) must provide his/her own shooting materials, but may use the department's eye and ear protection (eye and ear protection must be worn during the shooting.) 5. Other Public Safety employees and Reserve Officers may use the range without direct supervision only after they have passed a firearms safety and proficiency check conducted by a GVPD range officer. These individuals may not bring guest(s) into the range. 433 Page 150 G.P.4.05 Effective Date: November 1, 1988 Revised: November 2009 Injured On Duty Claims PURPOSE: To establish a standardized procedure of reporting and processing injured on duty claims expeditiously. PROCEDURE: Any employee injured on duty will immediately report the injury to his/her sergeant. If a sergeant is not on duty, the injury will be reported to the shift supervisor, and the shift supervisor will be responsible for notifying a supervisor by the end of the shift. The sergeant or shift supervisor will fill out a supervisor's report of Injury form after obtaining information from the injured employee. The sergeant will forward this form to the appropriate commander for review and for routing to the City Manager's Office. 434 Page 151 G.P.4.06 Effective Date: January 1, 1987 Revised: November 2009 Police Officer Duties and Powers PURPOSE: To clarify police officer powers and duties according to Laws of Minnesota Applicable Minnesota Statutes: 626.84 Definitions and Scope Subdivision 1. Definitions. For purposes of sections 626.84 to 626.863, the following terms have the meanings given them: a) “Board” means the Board of peace officer standards and training. b) “Director” means the executive director of the board. c) “Peace officer” means an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the board, charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state and who has the full power of arrest, and shall also include the Minnesota State Patrol and state conservation officers. d) “Reserve officer” means an individual whose services are utilized by a law enforcement agency to provide supplementary assistance at special events, traffic or crowd control, and administrative or clerical assistance. A reserve officer’s duties do not include enforcement of the general criminal laws of the state, and the officer does not have full powers of arrest or authorization to carry firearms. e) “Law enforcement agency” means a unit of state or local government that is authorized by law to grant full powers of arrest and to charge a person with the duties of preventing and detecting crime and enforcing the general criminal laws of the state. Subdivision 2. Scope. Notwithstanding sections 12.03 subdivision 4, 12.25, or any other law to the contrary, no individual employed or acting as an agent of any political subdivision shall be authorized to carry a firearm when on duty unless the individual has been licensed under sections 626.84 to 626.863. 435 Page 152 626.862 Powers of Law Enforcement Officers Except as specifically provided by statute, only a peace officer, constable, and part-time peace officer may: 1. Issue a citation in lieu of arrest or continued detention unless specifically authorized by ordinance; 2. Ask a person receiving a citation to give a written promise to appear in court; or 3. Take a person into custody as permitted by section 629.34. 629.34 When Arrest May be Made Without a Warrant Subdivision 1. Peace officers and constables. (a) A peace officer, as defined in section 626.84, subdivision 1, clause (c), or a constable, as defined in section 367.40, subdivisio n 3, who is on or off duty within the jurisdiction of the appointing authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 629.40, may arrest a person without a warrant as provided under paragraph (c). (c) A peace officer, constable, or part-time peace officer who is authorized under paragraph (a) or (b) to make an arrest without a warrant may do so under the following circumstances: 1. When a public offense has been committed or attempted in the officer’s or constable’s presence; 2. When the person arrested has committed a felony, although not in the officer’s or constable’s presence; 3. When a felony has in fact been committed, and the officer or constable has reasonable cause for believing the person arrested to have committed it; 4. Upon a charge based upon reasonable cause of the commission of a felony by the person arrested; or 5. Under the circumstances described in clause (2), (3) or (4), when the offense is a gross misdemeanor violation of section 609.52, 609.595, 609.631, or 609.821. 6. To make an arrest authorized under this subdivision, the officer or constable may break open an outer or inner door or window of a dwelling house if, after notice of office and purpose, the officer or constable is refused admittance. 629.40 Allowing Arrests Anywhere in the State Subdivision 2. Out of jurisdiction arrests. In any case in which a person licensed under section 626.84, subdivision 1, may by law, either with or without a warrant, arrest a person for a criminal offense committed within the jurisdiction of the officer, and the person to be arrested escapes from or it out of the county, statutory or home rule charter city, or town, the officer may pursue and apprehend the person to be arrested anywhere in this state. Subdivision 3. Authority for out of jurisdiction arrests. When a person licensed under section 626.84, subdivision 2, in obedience to the order of a court or in the course and scope of employment or in fresh pursuit as provided in subdivision 2, is outside of the person’s 436 Page 153 jurisdiction, the person is serving in the regular line of duty as fully as though the service was within the person’s jurisdiction. Subdivision 4. Off-duty arrests outside jurisdiction. A peace officer, as defined in section 626.84, subdivision 1, clause (c), who is off duty and outside of the jurisdiction of the appointing authority but within this state may act pursuant to section 629.34 when and only when confronted with circumstances that would permit the use of deadly force under section 609.066. Nothing in this subdivision shall be construed to restrict the authority of a political subdivision to limit the exercise of the power and authority conferred on its peace officers by this subdivision. 3.736 Tort Claims Subdivision 9a. Peace officers indemnification. The State of Minnesota shall defend, save harmless, and indemnify a peace officer who is not acting on behalf of a private employer and who is acting in good faith pursuant to section 629.40, subdivision 4, the same as if the officer were an employee of the state. On-Duty Jurisdiction 1. Golden Valley police officers outside the city limits of Golden Valley have full arrest authority when acting within the course and scope of his or her employment. 2. Golden Valley police officers have an official duty to act if s/he observes a violation of law or other emergency which would require action within the City of Golden Valley. Officers shall take action and notify the appropriate jurisdiction; or notify the appropriate j urisdiction and assist as necessary. 3. In the interest of officer safety, as well as inter -agency coordination, a Golden Valley officer initiating a warrant should notify the appropriate law enforcement agency in the affected jurisdiction, and request assistance as necessary. 4. For high-risk warrants, the law enforcement jurisdiction where the warrant is served should be responsible for making entry and securing the scene prior to the visiting jurisdiction assuming control. Off-Duty Within Jurisdiction 1. Golden Valley police officer when off duty and within the city limits of Golden Valley, are authorized by the chief of police full arrest powers unless on administrative or disciplinary leave, or otherwise unfit for duty. 2. When an off-duty officer within the City of Golden Valley takes enforcement action, all directives of this department will be followed and the officer shall turn the violator over to an on - duty officer as soon as practical. All reports required to process the violato r will be completed at that time. 437 Page 154 Off-Duty Outside the Jurisdiction 1. The chief of police, as a representative of the appointing authority, gives Golden Valley police officers the authority to be armed (with authorized firearms and ammunition) and to take action under MN Statute 629.40, subdivision 4, when they are confronted with circumstances that meet “Use of Deadly Force.” This does not restrict the officer’s authority to arrest as a private person. 2. When an off-duty officer outside the City of Golden Valley is involved in an arrest situation, the officer shall at his/her earliest convenience complete a Golden Valley police report documenting his/her involvement in the situation. 438 Page 155 G.P. 4.07 Effective Date: January 1, 1990 Drug and Alcohol Testing The administration of this department has the legal responsibility to ensure a safe work environment for all employees and has a paramount interest in protecting the public by ensuring all its employees are physically and emotionally able to perform their assigned duties. Where there is sufficient evidence to conclude that use of illegal drugs, drug dependence or drug abuse, and alcohol dependence and alcohol abuse seriously impair an employee's performance and general physical and mental health. It is a requirement for employment that an employee is not using illegal drugs, nor has a drug abuse or dependence problem, nor alcohol abuse or dependence illness. therefore, the department has adopted this written policy to ensure all employees are fit for duty as a condition of employment. PURPOSE: To describe the policies and procedures of the department in regards to drug and alcohol testing of employees and job applicants. POLICY: In accordance with Minnesota Statutes regulating drug and alcohol testing the department will only conduct testing of an employee on the basis of a reasonable suspicion. All job applicants for the position of police officer upon being offered a position will undergo drug and alcohol testing. A. No employee shall be under the influence of alcohol or any drug while the employee is working or while the employee is on the employer's premises or operating the employer's vehicle or equipment, except to the extent authorized by a valid medical prescription. B. No employee shall use, possess, sell or transfer drugs, alcohol, or drug paraphernalia while the employee is working or while the employee is on the employer’s premises or operating the employer's vehicle or equipment, except pursuant to a valid medical prescription or when engaged in approved law enforcement activity. DEFINITIONS: A. “Employee" Means any person who is hired to perform services for compensation)- by the department. B. “Employer” means the City of Golden Valley acting through it’s the Chief of Police or any designee of the Chief of Police, including all supervisors and acting supervisors. C. "Commissioner" means the Commissioner of the Minnesota Department of Health. " D. "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test," means analysis of a body component sample approved by the Commissioner, including blood, breath, and urine, for the purpose of measuring the presence of drugs, alcohol, or their metabolites in the sample tested. " 439 Page 156 E. "Drug” means a controlled substance as defined in MN statute Section 152.01, subdivision 4. F. "Job applicant" means a person who applies to become an employee of the City of Golden Valley and includes a person who has received a job offer contingent on the person passing drug and alcohol testing. G. "Initial screening test" means a drug or alcohol test which uses a method of analysis approved by the Commissioner as being reliable for providing data as to general classes of drugs, alcohol, or their metabolites. H. "Confirmatory test" and "confirmatory retest" means a drug or alcohol test that uses a method of analysis approved by the Commissioner as being reliable for providing specific data as to the drugs, alcohol, or their metabolites detected in an initial screening test. I. "Positive test result" means a finding of the presence of drugs, alcohol, or their metabolites in the sample) tested in levels at or above the threshold detection levels set by the Commissioner, or a finding of the presence of alcohol in the sample tested more than an alcohol concentration of .05; until threshold detection levels are set by the Commissioner, the presence of a drug at or above the following levels shall be considered to be a positive test result: Amphetamines 0.7 ug/ml Barbiturates 0.3 ug/ml Benzodiazepines 1.0 ug/ml Cocaine metabolite 0.3 ug/ml Opiates 0.3ug/ml, PCP (phencyclidine) 75 ng/ml THC metabolite (marijuana) 100 ng/ml J. "Reasonable suspicion" means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. K. "Drug Paraphernalia" has the meaning set forth in MN Statute Section 152.01, subdivision 18. L. "Under the influence" means having the presence of a drug or alcohol at or above the level of a positive test result. 440 Page 157 CONDITIONS FOR DRUG OR ALCOHOL TESTING A. JOB APPLICANTS: Job applicants may be requested or required to undergo drug and alcohol testing after a job offer has been conditionally made and before starting employment in the position. All officer candidates who have been offered a job will be required to undergo - drug and alcohol testing. B. Reasonable Suspicion Testing: The employer may request or require an employee to undergo drug and alcohol testing if the employer or any supervisor or acting supervisor has reasonable suspicion that the employee: 1. Is under the influence of drugs or alcohol while the employee is working, or is on the employer's premises, or operating the employer's vehicle and equipment; or 2. Used, possessed, sold or transferred drugs, alcohol, or drug paraphernalia while the employee is working, or is on the employer's premises, or operating the employer’s vehicle or equipment; or 3. Has sustained a personal injury as that term is defined in MN Statute 176.01;I, subdivision 16, or has caused another person or employee to die or sustain a personal injury; or 4. Has caused a work-related accident or was operating or helping to operate equipment or vehicles involved in a work-related accident; or 5. Has discharged a firearm other than (a) on an established target range, or (b) while conducting authorized ballistics tests, or (c) while engaged in recreational hunting activities; or 6. Has engaged in an act or omission related to the performance of the job, whether committed on or off duty, that logically requires or justifies such testing, revealed as a clear and compelling necessity by the nature of the incident. EMPLOYEE CONSENT TO TESTING: A. No employee will be tested for drugs or alcohol under this policy without the person's consent. The employer will request or require an individual to participate in drug or alcohol testing only under the circumstances described in this policy. B. Job Applicants: If a job applicant refuses to undergo drug or alcohol testing requested or required by the employer, no such test shall be given, and the job applicant shall be considered to have withdrawn the application for employment. C. Employees: If any employee refuses to undergo drug or alcohol testing requested or required by the employer, no such test shall be given, and the Chief of Police may suspend the employee or ' recommend to the City Manager that the employee be discharged from employment on the grounds of insubordination. 441 Page 158 PROCEDURE FOR TESTING: A. Notification form: Before requesting an employee or job applicant to undergo drug or alcohol testing, the employer shall provide the individual with a form on which to (1) ack nowledge that the individual has seen a copy of employer's drug and alcohol testing policy, and (2) indicate any over-the-counter or prescription medications that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result, and (3) indicate consent to undergo the drug and alcohol testing. B. Test sample: The test sample shall be obtained in a private setting, and the procedures for taking the sample shall ensure privacy to employees and job applicants to the extent practicable, consistent with preventing tampering with the sample, and shall conform with applicable rules of the Commissioner. C. Identification of samples: Each sample shall be sealed into a suitable container free of any contamination that could affect test results and be immediately labeled with the subject's social security number, be initialed by the subject, and be signed and dated by the person witnessing the sample. D. Chain of custody: The employer shall retain a written record of the chain of custody of the sample and ensure proper handling thereof, and comply with the rules adopted by the Commissioner pertaining to chain of custody; until rules are adopted by the Commissioner, the written record shall include a signature of each person accepting transfer of the sample, the date and time of the transfer, and a notation of the condition of the seal. E. Laboratory: All drug or alcohol testing shall use the services of a testing laboratory li censed by the Commissioner or qualifying under the transitional laboratory requirements set forth in Minnesota statutes; however no test shall be conducted by a testing laboratory owned or operated by the City of Golden Valley. F. Methods of analysis: The testing laboratory shall use methods of analysis and procedures to ensure reliable drug and alcohol testing results, including standards for initial screening tests and confirmatory tests. G. Retention and storage: Retention and storage procedures shall comply with the rules adopted by the Commissioner, and all samples, except . breath samples from an initial screening test, that produced a positive test result shall be retained and properly stored for at least six months. 442 Page 159 H. Test report: The testing laboratory shall prepare a written report indicating the drugs, alcohol, or their metabolites tested for, the types, the types of tests conducted, and whether the test produced negative or positive test results, and the testing laboratory shall disclose that report to the employer within three working days after obtaining the final test results. I. Notice of Test Results: Within three working days after receipt of a test result report from the testing laboratory, the employer shall inform in writing an employee or job applicant who has undergone drug or alcohol testing of (1) a negative test result of an initial screening test or a negative or positive test result on a confirmatory test, and (2) the right of the employee or job applicant to request and receive from the employer a copy of the test result report on any drug or alcohol test. In the case of a positive test result on a confirmatory test, the employer shall also at the time of this notice, inform the employee or job applicant in writing of the follow ing rights provided by MN Statute: 1. Within three working days after notice of a positive test result on a confirmatory test, the employee or job applicant may submit information to the employer, in addition to any information already submitted on the testing consent form, to explain the confirmatory test result. 2. To request within five working days after notice of a positive test result a confirmatory retest of the original sample at the subject's own expense. Within three working days of this he employer shall notify the original testing laboratory request that the subject has requested a confirmatory retest or to transfer the sample to another licensed laboratory to conduct the confirmatory retest. If the confirmatory retest does not confirm the original positive test result, no adverse action based on the original confirmatory test may be taken against the employee or job applicant. 3. The right of an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol rest requested by the employer not to be discharged unless the employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee's benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is appropriate, as determined by the employer after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency, except when the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program. 4. The right to access to information in the employee’s personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or other acquired information. 5. If a job applicant has received a job offer made contingent on the applicant passing drug and alcohol testing, the employer may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test. 443 Page 160 ACTION AFTER DRUG AND ALCOHOL TESTING A. Job applicants: The employer will not withdraw offer of employment made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the employer will withdraw th e contingent offer of employment if the employer determines in accord with the Minnesota Human Rights Act that alcohol or drug usage or abuse: (1) prevents the job applicant from performing the essential functions of the job in question; or (2) constitutes a direct threat to property or the safety of others; or (3) otherwise constitutes a bona fide occupational qualification. B. Employees: The employer will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the employer will do the f ollowing: 1. First Offense: Give the employee an opportunity to participate in, at the employee’s own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as . determined by the employer after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. If the employee either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the employer will recommend to the City Manager that the employee be discharged from employment. The employer may request or require an employee to undergo drug and alcohol testing if the employee has been referred by the employer for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. 2. Second offense: Where alcohol or drug abuse prevents the employee from performing the essential functions of the job in question constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the employer will recommend to the City Manager that the employee be discharged from employment. 3. Suspensions and transfers: Notwithstanding any other provisions herein, the employer may temporarily suspend the tested employee with pay for up to 60 days or transfer that employee to 444 Page 161 another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, or the public. 4. Other misconduct: Nothing in this policy limits the right of the employer to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test. DATA PRIVACY The employer will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employer or to a third party individual, governmental agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. APPEAL PROCEDURES The following appeal procedures are available concerning disciplinary ' actions taken pursuant to this drug and alcohol testing policy: A. Job applicants: A job applicant has a right to appeal to the Civil Service Commission if the applicant submits a notice of appeal within fifteen (15) calendar days of the action. B. Union members employees: An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating grievance procedures. C. Nonunion employees: Nonunion employees may appeal through the City's grievance procedures as outlined in the City personnel resolution. D. Civil Service position employees: An employee who is covered by civil service regulations and has completed probation may appeal to the Civil Service Commission which will provide an appropriate hearing. An employee who has not completed a probationary period in the employee's position has no right of appeal to the Civil Service Commission. E. Veterans: An employee who is a veteran may have additional rights under the Veteran's Preference Act, MN Statute 197.46. 445 Page 162 G.P.4.08 Effective Date: January 1, 1994 Revised: November 2014 Special Assignment Selection Process Purpose To establish a standardized process for selecting officers for the contractually defin ed special assignment promotion of Detective. Procedure This position is important to the department, and the public we serve. Therefore the selection procedures shall be standardized to help insure the most qualified person is chosen. Notification All eligible officers shall receive notification of a vacancy in the specified position. The job description shall be posted at that time. In addition, the testing procedure specifying the number and types of instruments shall be posted. Eligibility These positions shall be open to Police Officers currently employed by the Golden Valley Police Department who meet the posted minimum requirements for the position. Testing The test shall be a competitive examination intended to measure each candidate's fitness for the job. The measurement shall include past performance within the context of the posted job description. Selection The Chief of Police shall select the top candidate. It is understood that this position is not a Civil Service promotion, and this process will not necessarily be used in any of the career development assignments. 446 Page 163 G.P.4.09 Effective Date: June 4, 1992 Revised: September 8, 2004 October 2008 January 9, 2013 Bloodborne Pathogen Exposure PURPOSE: To establish a Bloodborne pathogen exposure plan and policy for all employees who have a potential for exposure to blood or other bodily fluids that can cause disease in humans. INTRODUCTION: In accordance with the OSHA Bloodborne Pathogen Standard, 29 CFR 1920.1030 the following exposure plan has been developed for the Golden Valley Police Department to eliminate or minimize occupational exposure to blood or other potentially infectious pathogenic microorganisms that are present in human blood or other bodily fluids and can cause disease in humans. The most significant of these pathogens include but are not limited to the Hepatitis B virus (HBV), the Hepatitis C virus (HCV), and th e Human Immunodeficiency Virus (HIV). DEFINITIONS Blood - Human blood, blood products, or blood components. Other potentially infectious materials - Human body fluids such as saliva in dental procedures, saliva, semen, vaginal secretions; cerebrospinal, synovial, pleural, pericardial, peritoneal, and amniotic fluids; any body fluids visibly contaminated with blood; unfixed human tissues or organs, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. Occupational Exposure - A reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or potentially infectious materials that may result from the performance of employees duties. Significant Exposure – A significant exposure occurs when blood or infectious materials come into direct contact with eyes, nose, mouth, into an open cut, or by a needle puncture injury. Exposure Determination The Golden Valley police department employs certain individuals whose duties place them at risk of exposure to infection from Bloodborne pathogens. These employees are those who are designated as first responders to medical emergencies, and those who are charged with handling persons or property which may contain such pathogens. These employees include sworn police officers as defined by state statute, and others assigned to such tasks through department policy and procedure. No other employees shall be assigned to such tasks. 447 Page 164 Methods of Compliance Standard Precautions will be observed by all employees of the Golden Valley Police Department in order to prevent contact with blood or other potentially infectious materials. All blood or other potentially infectious material will be considered infectious regardless of the perceived status of the source individual. Because medical history and examination cannot reliably identify all individuals who are infected with HBV, HCV, HIV or other bloodborne pathogens, OSHA has published a bloodborne pathogen standard, based on the concept of Universal Precautions. Standard Precautions are the Center for Disease Control’s revised isolation protocol. Standard Precautions encompass Universal Precautions and Body Substance Isolation (where all body fluids and substances are considered to be infectious). It emphasizes appropriate hand washing, and the use of barrier precautions and techniques. Engineering controls, designed to eliminate or minimize exposure by removing the hazard or isolating the worker from exposure, and work practice controls, designed to alter the manner in which a task is performed, will be used as the primary methods for controlling the transmission of HBV, HCV, and HIV. Where occupational exposure remains after the institution of these controls; personal protective equipment shall also be utilized. Department staff will utilize the following controls: • Hand washing Hand washing facilities with antibacterial soap is available to the employees who incur exposure to blood or other potentially infectious materials. These hand washing facilities are located in the medical supplies room in the Public Safety Building. When employees are working at the scene of an emergency incident, antimicrobial skin wipe towelettes are available in the first aid bag as an alternative. If this alternative is used then the hands are to be washed with soap and running water as soon as feasible. Hands must be washed, promptly after touching blood, body fluids, secretions, excretions, and contaminated items, whether or not gloves are worn. Hands must be washed after gloves are removed and when otherwise indicated to avoid the transfer of microorganisms to other patients, staff, or environments. Hand washing should be done with warm water and soap, using appropriate facilities such as utility or restroom sinks. Hands must not be washed in a sink where food preparation may occur. After hands are dried, it is advisable to apply hand cream. If employees incur exposure to their skin or mucous membranes, those areas shall be washed or flushed with water as appropriate as soon as feasible following contact. * Needles and Sharp Objects 448 Page 165 Extreme caution should be taken to prevent injuries when handling needles, knives, broken glass, razor blades, or other sharp instruments, devices, or debris that can puncture or lacerate skin. Needles and sharps shall be picked up using mechanical means such as a broom and dustpan. These devices shall be promptly disposed of into an approved sharps container. Approved sharps containers are located in the medical supplies room and property / evidence processing room at the Public Safety Building and on all ambulances. Dispose of sharps at the scene whenever possible. * Work Area Restrictions In work areas where there is a reasonable likelihood of exposure to blood or other potentially infectious materials, employees are not to eat, drink, apply cosmetics or lip balm, smoke, or insert contact lenses. Food and beverages are not to be kept in refrigerators, freezers, shelves, cabinets, or on counter tops or bench tops where blood or other potentially infectious materials are present. * Housekeeping All equipment and work areas must be cleaned and decontaminated with an appropriate bleach solution (1 part chlorine bleach to 9 parts water) as a disinfectant as soon as possible after contact with blood or other infectious material. Bins and pails are to be cleaned and decontaminated as soon as feasible after visible contamination. Potentially infectious broken glassware should be picked up using mechanical means such as a broom and dustpan. * Waste Disposal All potentially infectious regulated waste must be disposed of in an appropriate container. These containers are marked with the international biohazard symbol and can be securely closed. They are specifically constructed to contain its contents while preventing leakage. There is a biohazard waste container in the medical supplies room at the Public Safety Building. Potentially infectious waste shall be bagged or containerized at the location where it was used and placed in a leak proof plastic bag or container marked with the international biohazard symbol or color-coded to alert others of the potential danger. The Golden Valley Fire Department has contracted with the Stericycle Company to dispose of biohazard waste. * Laundry Procedures Personnel handling potentially infectious laundry are to wear disposable gloves, and with a minimum of agitation. Contaminated laundry shall be bagged or containerized at the 449 Page 166 location where it was used and placed in a leak proof plastic bag or container marked with the international biohazard symbol or color-coded to alert others of potential danger. Soiled uniforms may be decontaminated by laundering according to the manufacturer’s instructions. The laundry service receiving the laundry must be advised of the contents. Boots and leather may be scrub-brushed with soap and hot water to remove contamination. * Resuscitation Equipment Employees are discouraged from giving mouth-to-mouth resuscitation to non-breathing victims. Treatment using pocket masks with one-way valves, disposable airways, or resuscitation equipment is preferred. Durable equipment, such as facemasks and resuscitation equipment must be thoroughly washed and cleaned with disinfectant after each use. Potentially infectious equipment must be cleaned with Cidex OPA. * Other Equipment Equipment, such as defibrillation equipment, which during the course of operations could become contaminated with blood or other potentially infectious materials shall be checked routinely and, prior to service or shipping shall be decontaminated as necessary, unless the employer can demonstrate that decontamination of such equipment or portions of such equipment is not feasible. The above controls will be examined and reviewed periodically. The r eview is intended to identify the need for changes in our exposure control plan, engineering and workplace controls, and implement advances in safer devices. The Chief of Police or his/her designee will have the responsibility of reviewing the effectiveness of the individual controls. The Department’s Exposure Control Plan is dynamic. When an exposure occurs the exposure will be evaluated, and the Exposure Control Plan will be modified if necessary. PERSONAL PROTECTIVE EQUIPMENT Employees will be provided disposable gloves, goggles, and facemasks. Disposable gowns and impervious shoe covering will be available for unusual cases where great volumes of blood or other potentially infectious materials may be present (e.g. homicide, assault, or crash scenes). • Non-Latex disposable gloves must be worn when employees are involved with patient care. Where multiple patients are present, the employee shall change gloves, if possible, before beginning care on another patient. • Goggles must be worn in cases where blood or other potentially infectious materials may be splashed. • Facemasks should be worn any time goggles are worn. 450 Page 167 • Employees must use personal protective equipment except in rare and extraordinary circumstances. Such circumstances occur when, in an employee’s judgment, use of personal protective equipment would prevent the safe and effective delivery of health care or public safety services, or would pose an increased safety hazard to the employee or other associates. When an employee makes this judgment, the circumstance shall be documented to determine whether changes can be instituted to prevent future occurrences. • Contaminated disposable items must be discarded in a leak-proof plastic bag that is red in color or marked with the international biohazard symbol. • Employees should avoid handling personal items such as combs and pens while wearing contaminated gloves. Contaminated gloves should be removed as soon as possible and discarded in a leak-proof bag. • If uniforms or clothing become soiled by blood or other potentially infectious materials, employees must change to a clean uniform or clothing as soon as possible. POST-EXPOSURE EVALUATION AND FOLLOW-UP Any incident involving a possible exposure to bloodborne pathogens by an employee is ser ious and requires prompt attention. A significant exposure occurs when blood or infectious materials come into direct contact with eyes, nose, mouth, into an open cut, or by a needle puncture injury. The following actions are to be taken when an employee experiences a significant exposure or a situation where a significant exposure is likely to have occurred: • Report the incident to the supervisor or Officer in Charge as soon as possible. • The employee will report to Health Partners Clinic- West Occupational Medicine or North Memorial Medical Center - Emergency Department for evaluation and treatment; DURING BUSINESS HOURS Monday – Friday, 0800-1700 hours Health Partners Clinic West Occupational Medicine 5100 Gamble Drive St. Louis Park, MN 55416 952-883-6999 AFTER HOURS North Memorial Health Center – Emergency Room 3300 Oakdale Ave North Robbinsdale, MN 55422 763-520-5542 451 Page 168 • The exposed employee’s blood shall be collected as soon as feasible and tested after consent is obtained. If the employee consents to baseline blood collection but does not give consent for HIV testing, the sample shall be preserved for 90 days. If when in 90 days of the exposure incident the employee elects to have the baseline sample is tested, such testing shall be done as soon as feasible. • The source person’s blood will be tested as soon as feasible after consent is obtained to determine the presence of Hepatitis B virus or HIV. If the source individual declines to give consent, the department shall establish that legally required consent cannot be obtained. When the source individual’s consent is not required by law, the source individual’s blood, if available, shall be tested and the results documented. When the source individual is already known to be infected with Hepatitis B or HIV, testing of the source individual’s blood need not be repeated. • Results of the source individual’s testing shall be made available to the exposed employee, and the employee shall be informed of the applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual. • The employee will complete an Accident / Near-Miss Employee Report describing the incident completely and submit it to the supervisor or OIC. The report will document specifically the method of potential transmission of the infectious disease; • The supervisor will complete a Supervisor’s Report of Accident and submit it along with the employee’s Accident / Near Miss Employee Report through the chain of command. All employees who incur an exposure incident will have access to post exposure evaluation and follow-up at no cost, including post-exposure prophylaxis when medically indicated, counseling, and/or evaluation of reported illnesses, in accordance with the OSHA standard. Information Provided to Health Partners Clinic- West Occupational Medicine Health Partners Clinic- West Occupational Medicine is responsible for providing Golden Valley Police Department employees with evaluations and treatment following an exposure incident. Golden Valley Police Department shall provide Health Partners Clinic- West Occupational Medicine with the following: • A copy of 29 CFR 1910.1030 (HEPATITIS B VACCINATION DECLINATION FORM – See attachment) • Documentation of the route of exposure and circumstances under which exposure occurred. • Results of the source individual’s blood testing, if available. • All medical records relevant to the appropriate treatment of the employee including vaccination status. It is the department’s responsibility to maintain these records. 452 Page 169 Health Partners Clinic- West Occupational Medicine’s Written Opinion Golden Valley Police Department shall obtain and provide the employee with a copy of Health Partners Clinic- West Occupational Medicine’s written opinion within 15 days of the receipt of the evaluation. All information received by the City from the employee’s health care providers regarding the exposure is private data. Training and Information The Golden Valley Police Department will provide all employees with training on bloodborne pathogens. The person conducting the training will be knowledgeable in the subject matter, especially as it relates to emergency response personnel. Training will be provided at the time of initial assignment to tasks where occupational exposure may take place. Annual refresher courses will be provided. Additional training will be provided as technology and medical research dictate. The Golden Valley Police Department training program shall consist, at a minimum, of the following elements: • An explanation of the OSHA Standard for Bloodborne Pathogens; • A general explanation of the epidemiology and symptoms of Bloodborne Pathogens; • An explanation of the modes of transmission of Bloodborne Pathogens; • An explanation of the written exposure plan and how to obtain a copy; • An explanation of how to recognize events that may involve exposure to blood and other potentially infectious materials; • An explanation of the use and limitations of safe work practices, engineering controls, and personal protective equipment; • An explanation of the basis for selecting personal protective equipment available at this facility, who should be contacted concerning it, including information on types, sections, proper use, location, removal, handling, decontamination, and disposal; • An explanation of the procedures to follow if an exposure occurs, including methods of reporting and the medical follow-up that are available; • Information on the post-exposure evaluation and follow-up required in the event of an exposure incident and the information on emergencies that relate to blood or other potentially infectious materials, follow-up procedures, and medical counseling; • Information on Hepatitis B vaccination such as safety, benefits, efficacy, and availability. • An explanation of information on warning signs, labels, and color-coding. Hepatitis B Vaccination A. Hepatitis B vaccinations will be provided without charge to all employees of the Golden Valley Police Department. The offer of vaccination will be made after employees have received training regarding Hepatitis B. Employees may decline to accept the Hepatitis B 453 Page 170 vaccination by signing a waiver, which includes a statement that the employee acknowledged that the risks associated with contracting Hepatitis B have been explained. B. New employees or employees who have changed assignments which classify them as having occupational exposure will receive the training regarding Hepatitis B and the vaccination must be made available within 10 days of the employee’s date of employment or assignment change. Employees who initially decline the Hepatitis B vaccination, but at a later date decide to accept the vaccination, will be allowed to receive the Hepatitis B vaccination at that time. RECORDKEEPING Medical Records Medical records are private and are not released to any person within or outside the City without an employee’s written consent, except as required by rule or law. The r ecord must include a copy of the employee’s Hepatitis B vaccination record, including dates of vaccination or copies of refusal forms. Medical records will be maintained for the duration of employment, plus 30 years, in a file separate from the employee’s personnel file. Training Records The Golden Valley Police Department will keep a record of all training provided to personnel, including date and content of the training and a roster of employees in attendance. Training records will be maintained for a minimum of three years from the date of training. Responsibility It is the responsibility of the employee to be aware of the types of infectious diseases that can be transmitted by blood or body fluids. Employees are responsible for participating in department training and for using protective equipment provided by the department as necessary. CONCLUSION: The Department believes the most effective means of protection against Bloodborne Pathogens is prevention. Officers must remember the responsibility they have to their own personal safety, as well as their duty to provide emergency healthcare to the public. 454 Page 171 References: U.S. Department of Labor Occupational Safety and Health Administration – Standards 29 CFR Part 1910.1030 (Bloodborne pathogens) City of Golden Valley Employee Handbook – Appendix D (Bloodborne Pathogen Exposure Control Policy) 455 Page 172 GOLDEN VALLEY POLICE DEPARTMENT 29 CFR 1910.1030 HEPATITIS B VACCINATION DECLINATION FORM EMPLOYEE NAME:_______________________________________________________ I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring Hepatitis B Virus (HBV) infection. I have been given the opportunity to be vaccinated with Hepatitis B vaccine, at no charge to me. However, I decline Hepatitis B vaccination at this time. I understand that by declining this vaccination, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future, I continue to ha ve occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with Hepatitis B vaccine, I can receive the vaccination series at no charge to me. Federal Register, Vol. 56 No. 235, Part 1910 of Title 29, Section 19 10, 1030 pg. 64182. EMPLOYEE____________________________________________DATE___________ Signature PUBLIC SAFETY REPRESENTATIVE_____________________________________DATE____________ Signature 456 Page 173 G.P.4.10 Effective Date: January 1, 1994 Managing Personnel Files Purpose The primary source of information on employees is contained in the personnel files retained by the department. These files are important for tracking and documenting administrative activities and milestones. They are also important in the healthy management of labor relations. Finally, they are routinely examined and referred to in the arena of litigation. Therefore, it is imperative that the department maintain consistent, accurate files for all employees. Policy It shall be the policy of this agency to maintain records outlined below in accordance with sound management practices and with applicable statutory requirements. Procedure The City maintains files on employees in the following areas: 1. Payroll and benefits: These records shall be maintained by the Finance Department of the City. 2. Injured on duty/ workers compensation: These records shall be maintained by the City Managers Office. 3. Personal data/ Emergency data/ Dependent benefit data: These records shall be maintained by the Finance department. They are necessary for coordinating benefits, complying with federal laws and standards, and in case of emergency. Additionally, much of this data shall also be retained by the department at the immediate disposal of the shift supervisors; primarily for use in case of emergency. Records Retained by the Police Department 4. Training Files: The Commander shall maintain all files on employment-related P.O.S.T. training. These files shall include information on the date, location, sponsor, topic, and other pertinent information on all department sponsored training. These files shall be available to employees at all times. 457 Page 174 5. Internal Affairs Files: The Chief of Police shall maintain internal affairs files as created under General Policy 107.01A of the Golden Valley Police Department. These files shall be retained for the period of time required by state statute. These files shall be available for examination in accordance with the Minnesota Data Practices Act. 6. Personnel Files These files shall be maintained by the Chief of Police and shall be available for examination in accordance with appropriate statutory applications. These files shall contain the following: Application Data Initial employee application, background file, including medical and psychological background, pre-employment training and education, and letter of appointment. Commendations and Recognition Letters of appreciation from sources outside the organization, and department recognition and commendations, including medals, honors and Officer of the Year. Discipline Documentation of Final Disposition of Employee Discipline in accordance with appropriate statutes, collective bargaining agreements, and City Policy. Continuing Employment Data This includes Licensing information, photographs, letters of assignment and promotion, documentation of special skills. Evaluation Data This includes copies of employee performance evaluations. They shall be kept for a period of 5 years in accordance with G.P. 104.07. Termination Data This includes information relating to termination of employment. Data Retention The files shall be stored in a secure location. Active files shall be maintained on all current employees. All files on past employees shall be retained in accordance with state law. After that time, the files shall be discarded, however, the original letter of employment, and the letter of resignation or termination may be retained. In addition, a log may be kept of all past employees documenting position, starting date, and date of termination. 458 Page 175 G.P.4.11 Effective Date: November 1, 1988 Purchasing PURPOSE: 1) To insure State Law, City Ordinance, and City Policy are adhered to in the expenditure of funds. 2) To minimize the necessary time and resources required in determining legitimacy of bills/claims against the Department. 3) To insure the efficient and effective operation of the Department. 4) To prevent individual liability for unauthorized purchases. AUTHORITY: 1) The Commander has the authority and responsibility for managing Departmental purchases. 2) The chief and commanders have authority to issue purchase orders and request purchases of any amount in accordance with City Policy. PROCEDURE: 1) Employees recognizing the need for purchases shall make such known through normal Departmental channels. 2) All purchases, except as outlined below, shall receive prior approval through the assignment of a Purchase Order Number. 3) The person making the purchase shall give the white copy of the Purchase Order to the vendor. 4) Invoices for received goods or services shall be forwarded to the Commander. 5) The Commander shall authorize payment of bills and forward same to the accounting/finance officer. 459 Page 176 G.P.4.12 Effective Date: January 1, 1987 Referral of Formal Complaints to City Attorney PURPOSE: The purpose of this order is to establish departmental procedures for the direct referral of complaints to the City Attorney's Office. POLICY: Officers shall refer potential complainants to the City Attorney's Office only when a police report is made and it is the Officer's opinion that sufficient grounds exist to refer the case for a formal complaint. PROCEDURE: Under normal circumstances, an officer may refer a misdemeanor or gross misdemeanor complaint to the City Attorney's Office when a police report is made and sufficient grou nds exist for consideration of charges. In those cases in which the complainant insists on seeking a criminal complaint, and the reporting officer does not believe that sufficient grounds exist, he/she may advise the complainant to contact the City Attorney's Office. The officer will provide his/her name and badge number, and the appropriate police report case number. At no time shall a potential complaint be referred to the City Attorney's Office without preparation of a police report. 460 Page 177 G.P.4.13 Effective Date: July 1, 1992 Revised: November 2009 Animal Impound/Release PURPOSE: To establish procedures for enforcing Golden Valley City Ordinance 6-24 regarding cat and dog impounding. PROCEDURE FOR IMPOUND: Unlicensed dogs, as well as cats without a current rabies tag, must be impounded to the Golden Valley Animal Containment Center when found at large in the city. Injured dogs and cats shall be treated by the city veterinarian, All About Pets, 5669 Duluth Street, during business hours, and by the Emergency Veterinarian Services (EVS), 4708 Olson Memorial Highway, during non-business hours. The city has authorized necessary treatment only, not to exceed $500. All About Pets and EVS will bill the city for services. At the time of impound, an Animal Containment/Violation Report shall be prepared by the impounding officer or CSO. The pink copy shall be kept with the animal, the white copy to the case file and the yellow in the “currently impounded” file at the police department front desk. PROCEDURE FOR RELEASE: All fees shall be collected at the police department, and releases made at the animal impound facility. Upon final disposition of the animal, the pink impound report copy shall be given to the claimant and the yellow copy removed from the “currently impounded” file and placed in the “released animals” folder. The CSO collecting the impound fees shall update the case file to reflect the release information. MONITORING RESPONSIBILITIES The facility shall be checked on a daily basis to ensure that it is clean, in good condition, and that all impounded animals are cared for. This responsibility will be assigned to a CSO and designated on the CSO work schedule by the supervisor. There shall be a log book at the facility. Every transaction, including impound, release, euthanasia, dead animal disposal, monitoring, cleaning, feeding, etc. shall be noted in the log book. DECEASED ANIMALS Deceased dogs and cats shall be placed in a sealed plastic bag in the freezer at the facility and an impound report completed. CSOs are responsible for locating and notifying the owner. Other dead animals impounded for public health reasons do not require an impound report and shall be placed in a sealed plastic bag and disposed of. When it is not practical to transport a deceased animal due to large size or other circumstance, the public works department shall be notified to pick up and dispose of the animal. 461 Page 178 UNCLAIMED ANIMALS Dogs and cats not claimed within 7 days after impound may be released to any responsible person with payment of fees. Otherwise, the animals shall be delivered to the Humane Society by a CSO. The CSO delivering the animal shall update the case file, note the disposition on the yellow impound sheet, and place it in the “released animals” folder. 462 Page 179 G.P. 4.14 Effective Date: October 4, 2000 Revised: November 2009 Officer In Charge Assignment PURPOSE: To outline the duties and responsibilities of the officer who is assigned as the officer in charge (OIC) of a patrol shift. BACKGROUND: Our department has a supervisor with the rank of sergeant in charge of each patrol shift of officers. A sergeant may not be present on the shift because of training, vacation or sick leave, or other assigned duties. When a sergeant will not be available for any part of a shift, an officer on the shift will be designated as the officer in charge. PROCEDURE: When the shift sergeant will be absent from a shift, the sergeant will assign an officer to be in charge. The OIC is the acting shift supervisor responsible for the police patrol shift. The OIC will be compensated in accord with the labor agreement. DUTIES & RESPONSIBILITIES OF THE OFFICER IN CHARGE (OIC): The OIC will perform the following functions: 1. Supervise the patrol officers on the shift and the activity they are involved in. 2. Review roll call information prior to roll call and disseminate information during the shift briefing to officers, assigning zones and squad cars. 3. Inspect the lockup area, including the security locks, at the beginning of the shift, and document the inspection on the Sergeant daily log. 4. Supervise the public safety building front desk function and Community Service Officers (CSO’s) when no CSO supervisory personnel are on duty. 5. Assure that calls are responded to in a timely manner and assure that all police reports are completed by the end of the shift. 6. Handle requests for information and assistance regarding current patrol activity, impounded vehicle releases, and personnel shortages if someone calls in sick. 7. Be responsible for the security of City buildings including checking that the doors are locked at the City Hall in the evening after all staff or citizens have left. 8. Notify the on call detective, sergeant, commander and chief of police when appropriate. 9. At the end of the shift, notify the oncoming shift supervisor of pertinent information from the previous shift. 463 Page 180 SUPERVISION OF AND ASSISTANCE TO SHIFT OIC’S: OIC’s should be aware that other supervisory and administrative personnel are available during many of the hours of the day and if there are questions or problems that occur, they can feel free to consult with them and obtain direction or guidance. However, the primary responsibility for the operation of the shift belongs to the OIC in the absence of the sergeant. When an OIC is in charge of a shift during weekday nights, weekends or on holidays, when another supervisor is not on duty, an on call sergeant will be designated to be available for questions or consultation. The patrol commander is always on call and the OIC should be familiar with General Policy 4.01, Emergency Notification of the Chief of Police, which covers circumstances under which the commander or chief must be notified. PERFORMANCE OF THE SHIFT OIC: Sergeants will assign shift OIC’s on the basis of experience and competence. Officer performance as the shift OIC may be included in the end of the year performance evaluation. An officer’s OIC performance may be noted in the areas of initiative, dependability, and leadership, and may be evaluated from a different perspective than when they are performing as a patrol officer. 464 Page 181 G.P. 4.15 Effective Date: February 8, 2007 Public Safety Department Fitness Facility PURPOSE: To provide guidelines for the use of the fitness room in the lower level of the Public Safety Building for employees of the police and fire departments. 1. The fitness facility and equipment therein are available for the use by police and fire department employees at their own risk while they are off duty, to assist personal pursuits of wellness and physical fitness. The facility may not be used by personnel during any scheduled duty shift time period, including during breaks. Personnel may not use the facility during any type of time off from your scheduled duty shift, including vacation, sick leave, accrued time, or time owed. It may only be used prior to or after your scheduled shift, or during other time off outside of your scheduled duty shift time period. 2. The facility is available for use by authorized personnel 24 hours a day, 365 days per year as long as its use does not interfere with other department operations. When an employee is going to use the facility, they must notify the Public Safety Building desk person at extension 8079 so that the safety of persons in the facility may be monitored. 3. All employees seeking to use the facility shall receive prior authorization from the Chief of Police conditioned upon the employee completing a signed Fitness Facility Waiver of Liability and acknowledgement of review of this policy. 4. No authorized user may allow non-employees, including children, access to the facility. Access and use is strictly limited to employees authorized by the Chief of Police. 5. While in the fitness facility, users must at all times wear proper attire, including athletic shoes and a shirt. Users may not wear clothing with offensive language or pictures. 6. All users should report any equipment malfunction to the building maintenance sergeant. 465 Page 182 G.P. 4.16 Effective Date: March 1, 2011 Property Seized for Administrative Forfeiture PURPOSE: In accordance with Minnesota State Statute 609.531, this policy will outline procedures for processing property seized for administrative forfeiture. I. Policy It is the policy of the Golden Valley Police Department that all employees of the agency, all employees assigned to another law enforcement agency’s task force and all employees assigned from another law enforcement agency to a task force in which this agency serves as the fiscal agent, shall follow all state and federal laws pertaining to the processing of property seized for forfeiture. II. Definitions A. Cash: Money in the form of bills or coins, traveler’s checks, money orders, checks or other forms of electronic money or stored value cards, including but not limited to gifts cards/certificates, debit cards, or other negotiable financial instruments. B. Conveyance Device: A device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane and vessel and any equipment attached to it. The term “conveyance device” does not include property, which is in fact, itself stolen or taken in violation of the law. C. Firearms/Ammunition/Firearm Accessories: A device that projects either single or multiple projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and its propellant. Accessories include, but are not limited to, holsters, gun cases, firearm optics, suppression devices, cleaning supplies, etc. D. Forfeiture: The process by which legal ownership of an asset is transferred to a government or other authority. E. Jewelry/Precious Metals/Precious Stones: The term “precious metals/precious stones” includes items of jewelry, such as rings, necklaces and watches that reasonably appear to be made of precious metals or precious stones. Precious metals include, but are not limited to, gold, silver platinum, iridium and palladium. Precious stones, often referred to as gemstones, include but are not limited to diamonds, emeralds and rubies. F. Forfeiture/Seized Property Reviewer: An Agency employee responsible for reviewing all forfeiture cases and is the liaison between the Agency and prosecutor’s office. 466 Page 183 G. Seizure: The act of law enforcement officials taking property, including cash, vehicles, etc. that has been used in connection with or acquired by illegal activities. III. Seized Property Subject to Administrative Forfeiture The following property may be seized and is presumed under Minnesota Statute 609.5314 to be subject to administrative forfeiture if the item has a retail value of $50,000.00 or less: - All money, precious metals and precious stones found in proximity to: • Controlled substances • Forfeitable drug manufacturing or distributing equipment or devices; or • Forfeitable records of manufacture or distribution of controlled substances. - All conveyance devices containing controlled substances with a retail value of $100 or more if possession or sale of the controlled substance would be a felony under Chapter 152. - All firearms, ammunition and firearm accessories found: • In a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance; • On or in proximity to a person from whom a felony amount of controlled substance is seized; or • On the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under Chapter 152. Seizure of property not listed above must be processed in coordination with and approved by the unit supervisor. IV. Processing Seized Property for Forfeiture Proceedings When any property as described in the above section is seized, the peace officer making the seizure must prepare the following: - The proper Notice of Seizure and Intent to Forfeit Property form. This form must be completed to include the following: a list describing each item seized, the name of the individual served with the Notice, location, and the date of seizure. Administrative forfeiture notices are NOT to be given for assets seized under MN Statute 609.5314 if the retail value of the asset exceeds $50,000.00. - A receipt for the item(s) seized The Notice form also contains information in English, Hmong, Somali and Spanish concerning the right to obtain judicial review and the procedure under Minnesota Statute 609.5314 to follow to obtain it. The form must be dated and signed by the peace officer conducting the seizure. An agency case number must be included on the form. The individual from whom property is seized must be given an opportunity to sign the seizure 467 Page 184 notice form. If the person refuses, the peace officer conducting the seizure must check th e appropriate box indicating the refusal to sign. If property is seized from multiple individuals, a separate seizure form will be completed for each individual. A copy of the seizure form must be given to the individual served. All property subject to and being processed for forfeiture through the agency must be held in the custody of the agency. The peace officer conducting the seizure shall forward the original and pink copy of the seizure notices, seized property processing worksheets, property receipts and reports to the Forfeiture/Seized Property Reviewer within 10 days of seizure. The peace officer conducting the seizure shall inform the Forfeiture/Seized Property Reviewer of the estimated retail value of drugs founds in proximity to the asset seized. Cash Peace officers shall not seize cash having an aggregate value less than $300.00 unless pre- recorded buy funds are included in the cash seized. Cash shall be recounted and the amount verified by another employee of the Agency. The property bag and/or inventory receipt shall then be co-signed when cash is involved. All forfeitable cash seized will be turned over to the Forfeiture/Seized Property Reviewer or property/evidence room as soon as practicably possible. Prior to deposit with the Forfeiture/Seized Property Reviewer, peace officers shall examine all cash seized to determine whether it contains any buy funds. Peace officers shall document the recovery of all buy funds and deposit those funds with the Forfeiture/Seized Property Reviewer to be returned to the appropriate unit’s buy fund account. Peace officers seizing cash shall also prepare a property inventory. If cash is seized from multiple individuals, a property inventory receipt will be completed for each individual. The property inventory receipt shall specify the total amount of cash seized from each individual. The agency property inventory shall also contain a detailed description of all checks, money orders and/or traveler’s checks or other financial instruments. The peace officer conducting the seizure shall provide a cop of the completed property inventory receipt to the Forfeiture/Seized Property Reviewer. It is the seizing peace officer’s responsibility to secure the cash consistent with the agency policy or procedure. Jewelry/Precious Metals/Precious Stones Peace officers seizing jewelry, precious metals and/or precious stones will write a detailed description of each item on the property inventory receipt prior to inventorying the items. A copy of the property inventory receipt and any photographs of the jewelry, precious metals and/or precious stones shall be delivered to the Forfeiture/Seized Property Reviewer. Peace officers seizing jewelry, precious metals and/or precious stones shall deliver those items to the property/evidence room as soon as practicably possible. 468 Page 185 Conveyance Device Peace officers shall not seize conveyance devices having an aggregate value less than $3,000.00 for controlled substance forfeitures. Note: The conveyance device minimum value applies only to controlled substance forfeitures and does not cover conveyance device forfeitures for DWI, flee police, etc. Upon seizure for forfeiture, all conveyance devices shall immediately be either taken to a secure designated area or to an agency approved impound facility. Peace officers shall inventory the conveyance device and its contents in accordance with agency policy. Peace officers shall also complete applicable report forms and distribute them appropriately. Firearms/Ammunition/Firearm Accessories When firearms, ammunition or firearm accessories are seized, they shall be inventoried and delivered to the property/evidence room as per agency policy/procedure. V. Case File Status The Forfeiture/Seized Property Reviewer shall forward all changes to forfeiture status to the supervisor who initiated the case. VI. Report Writing Peace officers seizing property must complete a report. All reports must include a description of the items seized, where the property is turned in/stored, the name of the individual served, the date that the seizure form was served, the name of the serving peace officer, and whether or not the individual signed the Notice of Seizure and Intent to Forfeit Property form. All reports dealing with seized property will be completed within 24 hours of the seizure when practically possible. 469 Page 186 G.P. 4.17 Effective Date: March 22, 2018 Classroom Discrimination POLICY: A. Peace officer continuing education expands the peace officer’s own knowledge and experiences. It is imperative that the environment for this education has an atmosphere which is multi-ethnic, multi-cultural, and gender fair. B. Complaints will be handled in a prompt, just, open, and unbiased manner in accordance with these procedures. Copies of these procedures will be given by the director or the director’s designee to all people who teach in the program. Additionally, all students will be given a wri tten policy about the existence of these procedures. C. Nothing in this procedure is intended to expand, diminish or alter in any manner whatsoever any right or remedy available under an applicable collective bargaining agreement. DEFINITIONS: For the purpose of this procedure, the following terms have these meanings: A. Classroom Discrimination means an act or comment of prejudice by a member which relates to race, gender, creed, age, color, religion, national origin, marital status, physical disability, mental disability, or characteristics identified as sexual orientation, and that offends anot her. B. Complainant means the person or group who files a complaint with the continuing education sponsor alleging classroom discrimination by a faculty member, staff member, student, or the continuing education coordinator when he or she receives believable facts relating to alleged classroom discrimination from a person who wants to remain anonymous. C. Complaint means a statement which is made to a course supervisor, in writing, in person, or by phone which alleges classroom discrimination. D. Coordinator means the person who is responsible for supervising a continuing education course while it is being conducted. E. Director means the person in charge of the training or education program. F. Exonerated means a fair preponderance of the evidence established either that: 1. The act, or acts, complained about did not occur; 2. The member(s) named in the complaint were not involved in the alleged misconduct; or 3. That the act(s) which provided the basis for the complaint occurred, however, the investigation reveals that such act(s) were justified, lawful, and proper. 470 Page 187 G. Member means a faculty or staff member, or a student. H. Not Sustained means the investigation failed to disclose sufficient evidence to prove or disprove the allegations made in the complaint. I. Policies and Procedures means the administrative acts promulgated by the course sponsor regulating conduct of faculty members. J. Sustained means a fair preponderance of the evidence obtained in the investigation established that the accused member’s actions constituted a violation of this procedure. PROCEDURE FOR INITIATING COMPLAINT A. Anyone who is not a member and has personal knowledge of the facts giving rise to the complaint may file a classroom discrimination complaint. Any member who has personal knowledge of classroom discrimination must file a complaint according to these procedures. B. All complaints must be directed to the coordinator of the continuing education program. Upon receiving any complaint, the coordinator must immediately initiate a memo to the director. C. If the person filing the complaint sets forth specific believabl e facts relating to the classroom discrimination and the person wishes to remain anonymous, the coordinator of the course receiving the information will then become the complainant. If the coordinator has reason to believe that the complaint is unfounded, the coordinator must have the authority to require the person to identify himself or herself. If the person refuses to do so, the coordinator may refuse to initiate a complaint and must advise the anonymous person of that fact. D. After a complaint is filed, the coordinator must sign it, give or mail a copy to the complainant, and furnish a copy to the director. The director must forward a copy of the document to the accused member, only after it is determined that the complaint does not allege a criminal violation and the notification will not impede a criminal investigation. E. A complainant may be accompanied by an attorney or other appropriate representative at the time a complaint is filed or at any other stage of the process. PROCEDURES: I. PROCEDURE FOR INVESTIGATION OF THE COMPLAINT A. Upon receipt of the complaint, the director must make an initial determination whether the facts alleged warrant a formal investigation. In making this determination, the director may meet informally with the complainant, faculty or staff member, student member or any potential witness. If the director decides that an investigation is not warranted, the disposition of the complaint must be either not sustained or exonerated. The complainant must be notified of this decision and the basis for determination. Also, the accused member must be notified. If the 471 Page 188 complainant supplies additional information within 30 days of the determination, the director may reverse this decision. B. If the director determines that a formal investigation should be conducted, he or she must assign the appropriate person to investigate the complaint. The investigation may be assigned to an external agency where there is the potential conflict of interest. C. The investigator must, as soon as possible, after being assigned to the investigation, inform the complainant of the investigator’s name, business phone number and the status of the complaint. D. The investigator must thoroughly investigate all classroom discrimination contained in the complaint. If the investigation uncovers other alleged classroom discrimination by another faculty member, staff member, or student, the investigator must initiate a complaint against that person. E. All faculty, staff members, and students, including the accused member, must cooperate with the investigation. Failure to cooperate may be basis for disciplinary action. F. The investigator must do a report which contains all relevant information, organized into the three following sections: 1. Allegations – This section must consist of an itemized summary of the acts of classroom discrimination alleged in the complaint. Reference must be made to those rules, procedures, orders, statutes, or constitutional provisions that would be violated if the allegations were taken as true. 2. Investigation – This section must consist of a chronological summary of the investigation, including all pertinent facts obtained through interviews with witnesses. Written statements, description and analysis of any physical evidence, and all other relevant information must be included. 3. Conclusion(s) – This section must include the investigators findings, conclusions as to whether any classroom discrimination occurred, and the underlying reasons for the findings and conclusions. These conclusions will not be binding on the director. G. The investigation will be concluded within thirty days of the filing of the complaint, unless an extension is granted by the director for good cause. The complainant must be informed of any extension of time and the accused member will also be informed if he or she was informed pursuant to section III.D. II. INVESTIGATION REVIEW AND DISPOSITION A. Upon completion of the investigation, the investigator must submit his or her report and all investigative notes to the director. If the director determines the investigation was not adequate, the director must make one of the following dispositions: Exonerated, Not Sustained, or Sustained. 472 Page 189 B. The director must be informed of this decision and the accused must also be informed if he or she was informed pursuant to section III.B. C. If the complaint is either exonerated or not sustained, the director must immediately notify the complainant and the accused member of the disposition. D. If the complaint is sustained, the director must take appropriate discipli nary action. Such action must be based on the investigative report and the accused member’s record of service. This action will be in conformance with any applicable collective bargaining agreement, contract or other rules or regulation relating to discipline of members. The disciplinary action may include counseling, remedial education, an oral reprimand, a written reprimand, suspension with or without pay, demotion or discharge. E. After selecting the appropriate disciplinary action, the director must i ssue a Findings of Fact which must minimally contain the following information: 1. A summary of the act or acts constituting misconduct and the specific statutes, policies, regulations and procedures violated; 2. A description of the disciplinary or remedial action taken to prevent recurrence of the misconduct; and 3. Any additional information as the director may find applicable to accurately document the disposition. F. Prior to the implementation of remedial and/or disciplinary actions, the accused member will be provided with a copy of the Findings of Fact. The director and/or appropriate supervisor shall review it with the accused member and explain the reasons for the action. G. The complainant shall also be given a copy of the Findings of Fact . H. When a sustained disposition is final, the accused member may appeal the disposition according to the member’s collective bargaining agreement or if applicable, through the Veteran’s Preference Act. I. The director may suspend an accused member with pay at any time during the investigation of a complaint. III. APPEAL BY COMPLAINANT Note: There is no requirement for an appeal process for the complaining party, however, the course sponsor may want to consider adopting such a section in its policy. IV. DOCUMENTATION 473 Page 190 A. If the provider of the continuing education course is a state agency or political subdivision of Minnesota, the data generated by this process will be maintained and disseminated in accordance with the Minnesota Governmental Data Practices Act. B. If the provider of the continuing education course is a private entity or an organization which is not covered by the Data Practices Act, the provider will adopt policies for the collection and dissemination of the data in accordance with the Minnesota Data Practices Act. 474 Page 191 G.P. 4.18 Effective Date: April 9, 2021 Two-Finger Rapid Identification Device Use PURPOSE: Establish procedures for the proper use of the two finger rapid identification device AiO Evolution (All in one Evolution). DEFINITIONS: Automated Fingerprint Identification System (AFIS) - The Minnesota Bureau of Criminal Apprehension's fingerprint system for identification of individuals in the criminal justice system. Rapid Identification System- Also known as AiO Evolution (All in one Evolution), is a subsystem of the Automated Fingerprint Identification System (AFIS) that is capable of searching submitted index fingerprints and returning identification and/or criminal history data in a short period of time. POLICY: The rapid identification equipment is designed to aid police in the identification of individuals through the evaluation of fingerprints. Only employees who have received training in the use of the Rapid Identification System are authorized to use it. Two finger based rapid identification data is only an aid to the identification of a person. Information received from the rapid identification system shall not be used as the sole grounds for establishing probable cause for arrest. Police using the rapid identification equipment or accessing the rapid identification data shall ensure that 4th amendment rights of the individual being tested are not violated and that civil rights, state law, policy and procedure are not violated. The Minnesota Bureau of Criminal Apprehension requires a record of use be kept, and the record includes the name of the individual using the equipment, date, and reason for use. Officers shall document the use in written report or on an initial complaint report (ICR). Those w ho use the Rapid Identification System in a manner inconsistent with policies, state and federal law will be subject to discipline. 475 Page 192 Special Operations 476 Page 193 G.P.5.01 Effective Date: January 1, 1987 Revised: November 2009 November 2014 Bombs/Bomb Threats PURPOSE: The possibility of a bomb or bomb threat is a situation that may arise at any time. Because of the potential danger to the public created by bombs or bomb threats, it is imperative that each officer on this Department handle the situation in the safest, most efficient manner. PROCEDURE: I. Receiving Information A. Any member of this Department receiving notice of a possible bomb will attempt to get as much information as possible from the caller: 1. Name, address and telephone number of the caller or present location and telephone number of the caller. 2. Exactly where the bomb is located. 3. The time the bomb is supposed to detonate. 4. The size or type of explosives (description of bomb). 5. How the caller found out about the bomb. B. Notification of Police and Fire personnel (as little information over the radio as possible.) II. Responding to Bomb Threat Call A. Proceed to the scene without red lights or siren when practical. B. The first officer on the scene should contact the person in charge of the premises and consult with him/her in reference to the situation. The officer should interview the person who received the warning of the bomb or who saw the suspected device. C. If the person in charge of the property decides to evacuate the building, such evacuation should be made without announcing the word "bomb" which could cause panic. Police Officers will not make the decision to evacuate the building if there is a threat but no device has been located. Windows and doors should be left open if possible as this will dissipate any blast and facilitate searching. . Persons who are evacuated should be moved well away from the building and kept clear of glass. 477 Page 194 Request that the building engineer or janitor stand by with the master keys. If the building is searched, it should be searched by persons familiar with the building. (Persons working there every day are familiar with most items and would readily recognize anything that did not belong). 1. Search the outside of the building first, paying special attention to the following: • Behind shrubbery. • Behind ledges or ornamental facings. • In piles of grass or leaves. • Any vehicles parked next to the building. • Trash cans. 2. Beginning with the lowest floor, search the inside of the building. • First check public areas and facilities areas including hallways, lobbies, stairways, rest rooms, etc. which are readily available to a bomber. • Check areas including furnace rooms, storage areas, elevator shafts, etc., which normally are not heavily used and provide the bomber the opportunity to hide his device secretly in a place that could cripple the operations of a building. 3. While searching for explosives, do not use portable radios; transmitting may cause electrical detonators to explode. 4. Advise searchers that if they find anything unusual, they should immediately halt all movement, turn around and leave the room, touching nothing. It is possible to detonate a bomb without touching it. The bomb or device could be detonated by closing a door, or turning a light switch on or off. They should immediately notify the nearest police officer who will advise the on-scene supervisor of the suspect item. 478 Page 195 G.P.5.02 Effective Date: January 1, 1987 Revised: November 2009 Hostage Situations PURPOSE: It shall be the policy of this Department in any hostage situation to make every effort to assure the safety of the hostage. The secondary concern shall be the capture of the perpetrator(s). PROCEDURE: 1. Establish and maintain operational control at the scene, whether it be stationary or mobile. Establish a perimeter to keep unauthorized personnel out. 2. Attempt to involve the perpetrator(s) in conversation in order to stall for time. A face -to-face conversation allows additional opportunity to take another hostage. Establish telephone communications, if possible. 3. Explore every source of available intelligence concerning the circumstances surrounding the event, location and identity of the perpetrators. 4. Negotiate seriously for the release of the hostage and the surrender of the perpetrator(s). The supervisor or OIC at the scene will be responsible for decisions regarding demands of the perpetrators. Criminals who use hostages to effect their escape are desperate individuals who, if allowed to escape, will pose a continuing threat to their hostage and to the public at large. Assurance that a hostage will be released unharmed is a meaningless promise. The Department does not have the ability to protect the safety of a hostage who is allowed to be removed from the presence of officers. The safety of hostages can be best assured by keeping them in the presence of officers and by preventing their removal by the suspect. Officers should use every verbal and tactical tool at their disposal to secure the arrest of the suspect without harming the hostage. It shall be the policy of this Department that demands for weapons or the exchange of police officers for the hostage are not negotiable. Such demands or suggestions will not be considered. 479 Page 196 GUIDELINES • Keep the suspect in a decision-making status. • Always get something in return for a granted demand. • The best thing to do may be nothing; stall for time. • The longer a hostage is held, generally the safer he will because of a captor/hostage protective bond which develops • The negotiator should be a different person than the on-scene commander. The negotiator can then stall for time in demands by indicating they need to check with the on-scene commander. HOSTAGE NEGOTIATORS Personnel trained in hostage negotiations should be assigned as negotiators whenever the need arises. On-duty status should take precedence for assignment purposes. Whenever possible, the negotiator should not be the officer in charge at the time of an incident. HOSTAGE NEGOTIATOR CALL-UP Personnel will be issued pagers. In the case of a SWAT call-up all pagers will be activated. Personnel will call the front desk to confirm the call-up and receive further information. HOSTAGE NEGOTIATOR DEPLOYMENT Three negotiators should be assigned for the incident. Ideally one of the negotiators should be an officer from the jurisdiction in which the incident is taking place. 480 Page 197 G.P.5.03 Effective Date: December 1, 1988 Revised: October 2008 November 2014 High Risk Arrest and Search Warrant Procedure PURPOSE: The West Metro S.W.A.T. Team shall be used for the serving of all planned arrest and search warrants, planned probable cause pickups, and planned felony arrests where the officers involved believe high risk conditions may exist. PROCEDURE: Officers should use the following criteria to determine if high risk conditions exist: Are weapons believed to be present at the location where the warrant service will occur or are the suspects involved known to carry or use weapons? Is the location where the entry will occur believed to be barricaded or fortified making it necessary to use special equipment or tactics for entry? Does intelligence information indicate that the suspects involved would be violent or dangerous? The purpose of S.W.A.T. is to provide trained personnel and special equipment for the safe and expeditious execution of high risk searches and arrests. Investigating officers will assist with the operation and make all associated arrests. Requests for S.W.A.T. will be made by contacting the S.W.A.T. commander, police department commander or chief of police. Tactical considerations for entering dwellings and securing occupants will be the responsibility of the S.W.A.T. commander or designated team supervisor. 481 Page 198 G.P.5.04 Effective Date: January 1, 1987 Updated: July 2008 S.W.A.T. Team ORGANIZATION The tactical and crisis negotiation team is comprised of officers from the Golden Valley, New Hope, Crystal and Robbinsdale Police Departments. The team’s name is West Metro S.W.A.T. PURPOSE The mission of the S.W.A.T. team is to resolve potentially violent situations using only necessary force. These teams are properly trained and equipped so this task can be accomplished with the least amount of risk to police personnel and innocent bystanders. SUPERVISION The team is under the supervision of the S.W.A.T. commander. OFFICER SELECTION Minimum requirements shall be: 1. All officers will have at least three (3) years of experience and a minimum of one (1) year with their respective police department. 2. All officers will be of a physical condition that they: a. Can perform assigned training exercises b. Have no recurring physical disabilities that could hinder their performance 3. All officer must demonstrate the ability to: a. Work well under pressure b. Possess good judgment c. Have the ability to make decisive decisions d. Be able to operate effectively in a “team” environment 4. All officers must demonstrate a high level of proficiency with the firearms assigned to the S.W.A.T. team 482 Page 199 5. Officers will be recommended for assignment to the team by their respective department. A selection board made up of team supervisors and senior operators will be convened by the team commander. 6. Pass the Cooper fitness test with a minimum score of 60 points. 7. Pass the current firearms qualifications with both handgun and rifle. TRAINING Training for members of the S.W.A.T. and negotiation team shall be conducted on a regular basis. All team members shall give these training sessions the highest priority. Any team members unable to attend a scheduled training session should receive prior approval from their respective department’s S.W.A.T. supervisor. The S.W.A.T. commander will maintain records of all training sessions. ACTIVATION OF THE S.W.A.T. TEAM I. Situations where the team will be activated will include, but not be limited to: A. Barricaded/armed suspect B. Hostage situation C. Homicidal/suicidal person D. High risk search/arrest warrants E. Standby support in unusual police enforcement action Things to consider when determining if a S.W.A.T. call-out is appropriate: Is specialized equipment needed? Is specialized knowledge of tactical operations needed? Will the safety of citizens and police officers be increased by calling for S.W.A.T., knowing full well that a delayed response will follow? Can the situation be contained pending the arrival of S.W.A.T.? Is the suspect known to be at a certain location and how valid is this information? Is the suspect armed? If so, what weapons does the suspect have? Is there now, or will there be, some obvious resistance to police officers in the performance of their duties? II. In situations where the team may be used, the shift supervisor or OIC wil l request activation by contacting one of the following, in this order: A. Chief of Police 483 Page 200 B. Patrol Commander C. Operations Commander D. In the absence of the chief and/or commanders, the designated Acting Police Chief When a commander authorizes the activation, s/he shall notify the chief of police. PROCEDURES AT THE SCENE I. Once the call-out is made, unit members will follow the direction of the S.W.A.T. Team Supervisor or the designated second in command in his/her absence. II. When operations begin, all NON-S.W.A.T. officers at the scene will act as Outer-Perimeter Controllers, unless directed otherwise by the S.W.A.T. Team. The Entry Team will have the authority and the responsibility for the Inner-Perimeter. III. No firing will be done by Team Members unless specifically ordered by the S.W.A.T. Supervisor, or in accordance with Minnesota Statutes 609.065, 609.066 and 629.33, Use of Deadly Force. IV. When any suspect or hostages are apprehended or released, they will be taken i nto custody by Entry Team Members, and then turned over to perimeter officers for processing. V. Unit members will secure the scene until control of it can be given to the on-duty supervisor. Mutual Aid Pact I. Upon receiving a request from another agency for mutual aid assistance, the On-duty Supervisor will obtain the following information. A. Name of agency and official making request. B. All pertinent facts available at the time of the request. C. The location of their Command Post and name of officer in charge. II. The On-Duty Supervisor will take immediate steps to notify one of the staff officers as outlined in Activation of the S.W.A.T. Team, Paragraph II of that policy. III. This information will then be relayed to the team commander and the call-out procedure initiated. IV. All Unit members will report to the Golden Valley Police Department, unless told otherwise, and await instructions from the team commander or supervisor. V. The S.W.A.T. commander or supervisor will contact the officer-in-charge of the requesting agency for orders upon arrival at the scene, and will coordinate with the incident commander for the safe resolution of the incident. 484 Page 201 G.P.5.05 Effective Date: February 1, 1991 Revised: October 2008 Emergency Response Team Diversionary Distraction Device Deployment PURPOSE: To establish department policy for deployment of diversionary/distraction devices (flashbangs) by the West Metro S.W.A.T. Team. I. Background The diversionary/distraction device (flashbang) is in the S.W.A.T. Team’s munitions inventory to be used to disorient/distract the attention of a potentially violent person, enable a safer and more effective approach, aid in high risk entry situations and facilitate the rescue of hostages and/or the apprehension of suspects. The device produces a loud bang with a brilliant light and suspended smoke which cause confusion and provide the team a few seconds of disorientation to exploit. The device is deployed with the intent of lessening the likelihood of having to resort to the use of deadly force. II. Training Only S.W.A.T. personnel who have received approved training will deploy this device. S.W.A.T. Team members will receive training from the fire department in the use of dry chemical fire extinguishers. Emphasis will be placed upon safety considerations/measures to be used when deploying the device in order to reduce the chances of injury to all persons involved. III. Criteria and Justifications for Use A. Generally, whenever a diversion is necessary to prevent possible injuries to officers and to enable an entry to be made or an arrest accomplished. 1. Barricaded suspect and/or hostage situations or high risk warrant services. 2. Distracting a subject to allow physical control, apprehension, or detention, i.e., an unarmed but violent mentally deranged person. 485 Page 202 B. The same justification to deploy the S.W.A.T. Team should be satisfied to deploy a diversionary device. 1. Felony or suspected felony crime. 2. Life-threatening situations. 3. Other situations where its use may increase the chance of safely resolving the problem. C. Hazards Certain conditions may exist which may limit or prohibit the use of this device and should be considered. 1. The presence of children in the location. 2. Elderly persons may also be adversely affected by use of this device. 3. A fire hazard exists when using this device. Care should be taken that the device not be detonated on a combustible material such as laundry, newspaper, or a stuffed chair. 4. Flying objects may occur if the device lands and detonates on loose objects. The device should not be detonated on loose gravel, nails, bolts, or other small loose objects. IV. Deployment of the Device If feasible, prior to deployment of a distraction device on a S.W.A.T. operation the team commander will brief a command level officer and receive approval of use of the device. A. In most cases the device will be hand thrown, but may be detonated using a “bang pole.” The pin should be pulled and should be kept until the device is used. A spare safety pin should always be available if it becomes necessary to disarm the device. The device will not detonate as long as the spoon is depressed. The device should be thrown away from the officer into the desire detonation area. B. When physically possible the officer should site the area of deployment before throwing the device. C. Officers should avoid having the device come into contact with persons, flammable objects, or items likely to cause secondary fragmentation. When the device is used one member of the Entry Team shall carry a dry chemical fire extinguisher for use in the event of fire. D. If possible-the device should be used in low light conditions as darkness will greatly enhance the flash effect the suspect receives. Entry should be made within one to two seconds after detonation to exploit the confusion the device causes. E. Occasionally a device may fail to detonate. A back-up device should be available to be immediately deployed should this occur. 486 Page 203 G.P. 5.06 Effective Date: April 9, 2021 Armored Vehicle PURPOSE: To establish guidelines for the use of the Armored Ford Transit T350 tactical and rescue vehicle. All Officers from Golden Valley Police Department will be responsible for knowing and being familiar with this policy for the use and operation of The Armored Ford Transit T350. Armored Vehicle: Armored Ford Transit T350, High Roof, Extended Length Vehicle Protection: NIJ III Protection - 7.62x51mm M80 NATO Ball; 7.62x39mm and lesser threats - Armored with mix of composite material and ballistic steel GENERAL STATEMENT: The Armored Ford Transit T350 is a public safety tool used to aid the members of the Golden Valley Police Department and its partner agencies during situations of potential or actual violent and/or armed encounters and to assist in rescuing injured or innocent parties. POLICY: Deployment and Approval Process for Golden Valley and Partner Agencies: All requests for use of the vehicle during planned events will be forwarded to the Golden V alley Police Department commander overseeing ESU/SWAT partnerships or their designee. Requests made during unplanned emergency events can be authorized by the on-duty sergeant. The on-duty sergeant shall notify the commander as soon as practicable. Operational/ Tactical Deployment: • Current GVPD officers who have been trained in the operation of this vehicle may drive. • Current SWAT/ ESU members of partner agencies who have been trained in the operation of this vehicle may drive. Deployment and Approval Process for Outside Agency: • Mutual aid requests must be requested by the incident commander of the requesting agency. • At least one authorized driver from GVPD will respond with the tactical armored vehicle to mutual aid requests that are granted. • Only authorized GVPD personnel will operate the armored vehicle while assisting the agency. 487 Page 204 • GVPD personnel are the only authorized drivers unless an unforeseen emergent situation arises. Training: Prior to being allowed to drive the Armored Ford Transit T350. Officers are required to participate in the training associated with this vehicle. Driver: The Armored Ford Transit T350 shall only be driven and operated by officers who have been properly trained in the use and operation of this vehicle. Members of the GVPD and its partner agencies who are trained in its operation are authorized to drive. Reporting: Every time the armored vehicle is used in an official capacity (not training). The Armored vehicle reporting form will be completed. Squad video: The Armored Ford Transit T350 will be equipped with current squad camera equipment and in compliance with GVPD policy 1.27 488 Page 205 G.P. 5.07 Effective Date: April 9, 2021 Mobile Field Force PURPOSE: Mobile Field Force (M.F.F.) is a specially trained team of officers capable of responding to incidents of member agencies in which large numbers of people require management for public safety reasons and to protect First Amendment rights and peaceful protesting. SCOPE: The team is designed to respond to public assemblies where there is a risk of life and personal safety, property damage or criminal behavior. DEFINITIONS: Member Agency- A police department within greater Hennepin County that has dedicated sworn staff to be specially trained and equipped in the tactics of the Mobile Field Force and are available to respond in that capacity to the needs of any of the other member agencies upon request. Incident Commander- Chief of Police or designee from the member agency requesting the assistance of the Mobile Field Force. This individual is responsible for overall decision-making and direction of resources and tactics used for the duration of the event. Mobile Field Force Commander- Chief of Police or designee from a member agency that consults in a unified command structure with and receives direction from the Incident Commander on overall operations of the Mobile Field Force. Field Commander- Member agency command staff level officer that specifically guides and directs the tactics and operations of the platoon leaders and their Mobile Filed Force members. Platoon Leader- A specially trained supervisor from a member agency that specifically guides and directs the tactics and operations of Mobile Field Force members. Unlawful Assembly- A public assembly that violates M.S.S. 609.705. ORGANIZATION The responsibility of the M.F.F. function rests with the Chief of Police of that jurisdiction who may delegate the operational authority to a ranking officer in charge, hereinafter referred to as the M.F.F. Commander. 489 Page 206 M.F.F. COMMANDER’S / FIELD COMMANDERS/ PLATOON LEADERS RESPONSIBILITIES & DUTIES 1. To restore order in the most reasonable manner possible by using sound tactics and equipment necessary to protect life and personal safety, deter criminal behavior and prevent property damage. 2. All incidents requiring the deployment of M.F.F. assets will be thoroughly documented by the Incident Commander or their designee in a general report filed in their home agency records management system. 3. The Platoon Leader will ensure reports of members are submitted to their home agency detailing M.F.F. activities and actions taken. The reports will then be forwarded to the Incident Commander to be included in their home agency records management system. 4. The M.F.F. Commanders, Field Commanders, Platoon Leaders and M.F.F. members will maintain competency relating to operational methods and tactics. These methods and tactics will be included in regularly scheduled training for all M.F.F. team members. 5. Upon activation of M.F.F. for a particular incident, the scene responsibility shall rest with the incident commander. The incident commander will work with the M.F.F. Commander to coordinate their activities. The M.F.F. Commander shall determine and control the tactical operation of the M.F.F. while working under the command of the incident commander to resolve the issue(s) at hand. 6. Unless exigent circumstances are present, the M.F.F. Commander shall coordinate tactical decisions with the incident commander. These decisions could include but are not limited to: a. Safety of the public and M.F.F members b. Ensuring the protection of 1st amendment rights c. Crowd management tactics and goals d. Security goals e. Road closures f. Critical infrastructure g. Exclusion zones h. Use of riot control munitions i. Mass arrest RESPONSIBILITIES OF M.F.F. MEMBERS 1. Officers designated as M.F.F. members during their normal tour of duty at their home agencies will be immediately responsible to their duty supervisor and will function under their direction and control unless an incident occurs that requires a full or partial deployment of the M.F.F. at which time they will report to the Platoon Leader/or their 490 Page 207 designee. 2. If non M.F.F. officers are deployed as part of a M.F.F. incident, these officers will report to the M.F.F. commander until released from an incident by the M.F.F. Commander. All other police personnel at the scene will function at the direction of their supervisors who will coordinate activities with the incident commander. 3. All officers deployed as part of a M.F.F. incident will follow the policies and procedures of their home agencies at all times. 4. Individual officers assigned to M.F.F. will complete their individual reports in their home agency’s records management system at the end of shift. UNLAWFUL ASSEMBLY DISPERSAL ORDERS If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event. Should the Incident Commander decide that public safety is presently in jeopardy or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through established communications links with leaders and/or participants or to the group. When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the authorized designee should make a clear, standardized announcement to the gathering that the event is an unlawful assembly, and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate, made from multiple locations in the affected area and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order. ACTIVATE DISPERSAL ORDER – Unlawful Assembly May I have your attention please? I am (Rank and Last Name) of the Your Agency Name Police Department. The police department has declared this assembly unlawful under the State of Minnesota. Minnesota State Statute 609.715 prohibits remaining present at an unlawful assembly. You are hereby ordered to immediately disperse. Please do so quickly by (Directions). If you do not cease your unlawful behavior and disperse, you will be arrested. You have (Time) minutes to leave the area. Thank you for your cooperation. ACTIVATE DISPERSAL ORDER – Trespass 491 Page 208 May I have your attention please? I am (Rank and Last Name), the [owner/authorized agent] of the property located at [address]. Minnesota Statutes section § 609.605 provides that no person shall intentionally trespass on the land of another and refuse to depart from that land, without a legal basis, when a demand to do so is made by the lawful possessor or his/her agent. As the [owner/authorized agent] of this property, I am hereby ordering you to depart from this property immediately; this property includes the interior of this building and extends to [insert boundaries of property here]. Again, please depart from this property immediately. If you refuse to leave, you will be trespassing and subject to arrest. Thank you for your cooperation. MASS ARRESTS & BOOKING 1. The timely arrest of those committing crimes is one key to the resolution of crowd management situations which have evolved into a large group civil disturbance. Experience has shown that the process of arresting significant numbers of people can quickly overwhelm the ability of law enforcement to deal with them. 2. Hennepin County Sheriff’s Office is a partner in mass arrest and booking situations. The Hennepin County Sheriff’s Office should be utilized for transport and booking whenever possible. The Incident Commander should be prepared to staff and coordinate mass arrests with the local jurisdiction or assisting agencies if the HCSO is not available to assist. 3. Prior to a mass arrest, adequate verbal warnings shall be given to those who may be subject to arrest. A supervisor shall be appointed by the M.F.F. Commander. This person may come from the M.F.F. team or the jurisdiction where the incident occurs. This person should coordinate the department’s implementation of mass arrest procedures and establish contact with the Hennepin County Sheriff’s Office or local jurisdiction. He or she will be responsible to the incident commander to ensure that appropriate resources are identified to process and transport prisoners from the field to a holding or booking site. That site may be at a location different from the Hennepin County Jail. It shall be the supervisor’s duty to arrange prisoner transportation and ensure that appropriate paperwork tracks with arrested parties. 4. Procedures to ensure that sufficient information is collected at the booking point to establish a basis for arrest and prosecution. This would include but not be limited to: a. Information establishing that a crime was committed and the arrested party committed the crime b. The date and time of occurrence c. Victim d. Witnesses e. Location f. Property taken or damaged 492 Page 209 g. Photograph of the suspect with the arresting officer 5. A system to collect and transport evidence and personal property associated with these arrested parties must also be established so that fruits of the crime, weapons, etc. are appropriately handled so that the chain-of-custody is maintained. TRANSPORTATION In the event of a large group civil disturbance, police vehicles will be at a premium. A supervisor designated by the incident commander is responsible for providing an assessment to the incident commander of the vehicle inventory and should be prepared to provide vehicles to M.F.F. at the direction of the incident commander. MEDIA RELATIONS The designated Public Information Officer (PIO) shall maintain close contact with the incident commander or the Emergency Operations Center (EOC), when activated and act as the department’s point of contact for the media. 493 Page 210 Community Services 494 Page 211 G.P.6.01 Effective Date: January 1, 1987 Citizen Commendation Letters PURPOSE: To establish a procedure to allow for the recognition of citizens who assist police officers and employees of the Police Department. PROCEDURE: Officers wanting to thank a citizen for assistance will complete a request which will be forwarded to the Chief’s Office, who will then make the contact on behalf of the department and the officer. The Officer will receive a copy of the letter being sent. Criteria for considering a citizen for this commendation is left to the officer's discretion. Assistance to officers can be in the form of aid in medical emergencies, traffic accidents, recovered property, lost children, death notification, testifying in court, call about a crime in progress, assistance in apprehending a criminal and many other instances. 495 Page 212 G.P.6.02 Effective Date: January 1, 1987 Ridealong Program PURPOSE: Due to the number of requests by civilians to ride along with police officers, guidelines are needed to regulate the program. PROCEDURE: The Department encourages members of the community to ride with uniformed Officers. All persons wishing to ridealong shall forward a request to the sergeant in charge of ridealongs. S/he will schedule ridealongs. Generally, ridealongs are open to all members of the community over seventeen years old. Residency is generally a requirement, but exceptions may be made. The following guidelines exist: 1. No more than two ride-a-longs will be permitted on any one shift. Hours of ride-a- longs will be limited only to the deployment capabilities of each shift on a 24-hour basis. 2. Typically, a ridealong will be four hours. 3. Ride-a-longs will fill out a waiver form. This will assure liability coverage. The desk CSO will run the potential rider for warrants and in the in-house computer. That information will be given to the on-duty sergeant. 496 Page 213 G.P.6.03 Effective Date: March 1, 1994 Revised: April 1, 1999 July 11, 2003 November 2014 Permit to Carry a Handgun / Transferee Permit / Reports of Transfer PURPOSE: The State Legislature has assigned by law the duty of investigation and decision on issuance of handgun permits to the Chief Law Enforcement Officer or County Sheriff. The Chief Law Enforcement Officer is responsible for the following permits: 1. Permit to acquire handguns and semiautomatic military style assault weapons through a Transferee Permit. 2. Report of transfer of handguns and semiautomatic military style assault weapons. The County Sheriff is responsible for the following permit: 1. Permit to carry handguns The State Legislature has assigned by law the duty of investigation and decision on issuance of handgun carry permits to the County Sheriff. When an individual makes application to the County Sheriff for a Permit to Carry, Minnesota State Statute 624.714 requires the County Sheriff to notify the Chief of Police of the municipality where a carry permit applicant resides. This policy defines the responsibilities and duties for the processing of permit applications and the sharing of information with the County Sheriff as it relates to permit applications. PROCEDURE: Every application for a pistol transferee permit, report of transfer of a pistol, or a permit to carry a pistol will be made on a standardized form supplied by the State of Minnesota. A. Permits to Carry Applications for a permit to carry must be submitted to the office of the County Sheriff and will be issued by order of the Sheriff. B. Transferee Permits. A person may apply for a transferee permit. Possession of this authorizes them to purchase a handgun from a licensed firearms dealer. The permit is for one year. 497 Page 214 Minnesota Statutes require that Permit to Transfer applications be acted on in 7 business days. The employee accepting the application will review the application for completeness and verify the identity of the applicant with Minnesota photo identification and verify the address on the driver’s license is a Golden Valley address. If the applicant wishes, they will be given the receipt attached to the application. The employee accepting the application will forward the application to the gun licensing investigator. The gun licensing investigator will review the application and complete a Record Check form and obtain a file number for the transaction and arrange for entry of the transaction into the department records management system. The gun licensing investigator will conduct a background investigation of the applicant to determine if Minnesota Statutes prohibit the applicant from possessing a handgun and/or semiautomatic military style assault weapons. If the background investigation determines that the applicant is eligible to possess a handgun or semiautomatic military style assault weapon. The investigator will issue a transferee permit, dated to expire 1 year from the date of issuance, to the applicant within 7 business days of receipt of the application. Application and background check records will be filed with the case records. C. Purchase Permit Licensed Federal Firearms Dealers are required to deliver to the Chief of Police of the community where the applicant lives, a purchase permit on all transactions involving the purchase of handguns or semiautomatic military style assault weapons. Minnesota Statutes require that applications to purchase handguns or semiautomatic military style assault weapons be acted on in 5 business days. The gun licensing investigator will review the application and complete a Record Check form and obtain a file number for the transaction and arrange for entry of the transaction into the department records management system. The gun licensing investigator will conduct a background investigation of the applicant to determine if Minnesota Statutes prohibit the applicant from possessing a handgun and/or semiautomatic military style assault weapons. Once the background investigation is complete the investigator will mail a photocopy of page 1 of the application to the Federal Firearms Dealer submitting the application, stamped “approved” if the applicant is eligible or stamped “denied” if the applicant is ineligible. 498 Page 215 Application and background check records will be filed with the case records. If the transferee is eligible to possess handguns and semiautomatic military style assault weapons, the transferee may, within 30 days after the determination, apply to the chief of police for a transferee permit, and the permit shall be issued. 499 Page 216 G.P.6.04 Effective Date: December 29, 1988 Revised: February 7, 2000 Alcoholic Beverages – Licensing & Regulations PURPOSE: (1) To establish uniform investigation procedures and to identify responsibility for the processing of liquor license applications. (2) To establish uniform procedures for the investigation and disposition of violations of state and local laws occurring on the premises of liquor licensees. LIQUOR LICENSE APPLICATIONS PROCEDURE: (1) The City Manager’s Office, upon receipt of a liquor license application, will forward same to the chief of police. (2) The chief will make a decision as to the scope of the investigation, make assignment of the investigation, and monitor its progress. (3)The following may be examined or required for any or all persons listed on the application: A. Record checks. B. Receipt of signed authorization for release of financial information. C. Individual income tax forms, state and federal, for last two years. D. Personal financial statement. E. Checking and savings account numbers, stocks or bonds to support individual statements. F. Articles of Incorporation. G. Bylaws. H. Lease agreements I. Purchase agreement. J. Loan agreements. K. List of stockholders. L. Credit reference contacts. M. Other record/investigative agency checks: a) Local police departments b) Minnesota Liquor Control Division c) Minnesota ATF Division d) IRS (4)The investigating officer will prepare a report which will contain findings of fact. This report will be reviewed by the chief, and others under his/her direction, prior to its presentation to the City Manager and City Council. 500 Page 217 LIQUOR LAW VIOLATIONS It is the objective of the Police Department to work in partnership with liquor license holders to minimize the likelihood that minors will be able to purchase alcohol at licensed establishments. In furtherance of this objective the department will: 1. Work in conjunction with license holders to educate employees responsible for serving alcohol on current laws regulating the sale of alcohol and techniques to detect underage purchasers. 2. Work in conjunction with license holders to establish store policies to minimize the likelihood of sales to minors. 3. Conduct compliance checks to ensure that license holders are obeying State laws and City codes. PROCEDURE: Criminal Penalties 1. Reports of violations of State Statute or City Code with regard t o the regulation of alcoholic beverages will be forwarded to the Detective Sergeant for a criminal investigation. 2. Considerations of possible criminal charges for violations of State Statute or City Code on employees of licensed establishment will include: • Employee knew or should have known that the act was a violation • Record of previous violations by the employee in this or other jurisdictions Civil License Penalties 1. Reports of violations of State Statute or City Code with regard to the regulation of alcoholic beverages will be forwarded to the Chief of Police for consideration of license penalties. 2. The detective conducting alcohol compliance checks will make a written report to the Chief of Police of any violation of State Law, or City Code as identified in GVCC 5.02, sub 5(f), occurring on licensed premises. Included in this report will be the penalty to be assessed on the licensee as outlined in Golden Valley City Code 5.02, sub. 5. 3. The office of the Chief of Police will make written notice to the license holder of the violation and the prescribed penalty. 501 Page 218 4. The licensee will be granted 30 days to respond to the notice. a. If the licensee chooses to accept the penalty, the licensee will notify the City Manager in writing of that fact. Final compliance with the penaltyshall occur no later than 60 days from the date of receipt of the acceptance of sanction. b. Failure of the licensee to respond to the notice, or a request by the licensee for a hearing before the City Council, will result in further actions as outlined in GVCC 5.02, sub. 5. 502 Page 219 G.P.6.05 Effective Date: January 1, 1987 Block Parties and Street Closings PURPOSE: To establish a procedure for individuals requesting the closing of a City street for block parties and other gatherings that will: 1. Conform with City Ordinances. 2. Assist in the safety of the citizens. PROCEDURE: A. Individuals requesting the closing of a street for block parties shall: 1. Prepare a petition listing the names and addresses of all those residences along th e street proposed for closing. 2. The petition shall list the time and date of the proposed closing and allow a section where residents could sign to indicate approval of the street closing and the name and address of a responsible person to whom inquiries shall be directed. 3. If a petition is prepared containing 100% of the signatures of the residents along the street proposed for closing, the petition shall be forwarded to the Chief of Police who shall have the authority to order the closing and barricading of the street for the time listed on the petition. Any petitions containing less than 100% of the signatures shall be placed on the City Council agenda for the Council's review and approval. B. Street closings upon approval. Barricades shall be dropped off the last working day preceding the street closing by the Street Department (upon notification of the Chief's Office) and picked up by the City the nearest working day following the closing. Barricades for street closing shall be deposited with the responsible person and that person shall be charged with the placement and removal of the barricades. 503 Page 220 G.P.6.06 Effective Date: January 1, 1987 Updated: July 2008 Permit to Use Explosives PURPOSE: To comply with Minnesota SS 299F.74 "Permit Required" and 299F.75 "Permit Application." PROCEDURE: Application for Permit to Use Explosives is to be made to the Chief of Police as follows: 1. Complete form BCA-04-039 and forward to Chief of Police 2. Standard background check shall be run. If clear, permit can be issued by Chief of Police. If not clear, denial may be necessary pursuant to MN SS 299F.77 "Issuance of a License or Permit to Certain Persons Prohibited." 3. Applicant shall be notified of approval and advised to come into the Police Department to pick up permit. Permit not valid unless signed by both applicant and Chief of Police. 4. Permit copies to be distributed as directed on application. Permit valid for up to one year from date of issue, but may be issued for shorter periods. 5. A copy of the completed application forms will be retained. 504 Page 221 G.P.6.07 Effective Date: January 1, 1987 Labor Management Disputes PURPOSE Negotiation and collective bargaining are legally recognized methods of settling labor disputes. In such disputes, it is not the function of the Department to deal with the issues involved; rather, it is the role of the Department to protect rights by enforcing the law and by maintaining order. PROCEDURE EACH OFFICER SHALL: 1. Prevent interference with the free and uninterrupted use of public roads, streets, highways, or methods of transportation or convenience, and to use such force as may be necessary and reasonable for that purpose. 2. Prevent disorderly conduct, assault and battery, malicious destruction of property, riot and other similar crimes and misdemeanors defined by statute or ordinance. 3. Have the right and are under duty to use such force as may be necessary to prevent injuries to persons or destruction of property in violation of the general laws of the state. 4. Have the right and are under duty to make arrests without warrants for acts of violence committed in their presence and resulting in such injury to persons or destruction of property. 5. Have the right and are under duty to make arrests pursuant to warrants issued by courts of competent jurisdiction. 6. Enforce any court order such as restraining order or injunction which provides that the Police Department shall enforce its provisions. The main duty of a police officer assigned to duty at a labor dispute is to maintain law and order. In no manner of word or action will he or she display any partiality toward either of the parties involved but will maintain a courteous but firm attitude in the performance of his or her duties. 505 Page 222 G.P.6.08 Effective Date: April 1, 1992 Revised: November 2009 Tornado and Severe Weather PURPOSE: During the months of May through September this area experiences a number of tornado and severe weather alerts. The following procedures will be followed by police personnel. PROCEDURE There are four types of severe weather alerts: 1. Severe Thunderstorm Watch: Issued by the National Weather Service (NWS) when climatic conditions are such that severe storms with heavy rain, hail or winds up to 75 mph are possible. 2. Tornado Watch: Issued by the NWS when climatic conditions are such that tornadoes are possible. 3. Severe Thunderstorm Warning: Issued by the NWS when a severe storm with heavy rain, hail or winds up to 75 mph are occurring. 4. Tornado Warning: Issued by the NWS when actual or imminent tornado activity or sustained straight line winds in excess of 75 mph are occurring. The dispatcher will immediately air all severe weather watches and warnings for the City of Golden Valley on the police and fire main. Severe Weather Watch procedure: During severe weather watches officers are to perform their normal duties while paying special attention to weather conditions and reports. Should severe weather, such as large hail, damaging winds, funnel clouds or tornadoes, be spotted, officers shall immediately notify the dispatcher of the conditions and location observed. The dispatcher will notify Hennepin County Radio to activate the sirens. Severe Weather Warning procedure: 1. The sergeant or OIC will notify the police chief. If conditions warrant the involvement of other city departments, the police chief will notify the city manager and other department heads and the city Emergency Operations Plan may be put into effect. 2. The dispatcher will activate all available firefighters. 506 Page 223 3. Available officers will respond to practical locations to observe and report severe weather conditions during daylight hours. At night the sergeant or OIC will deploy officers throughout the city to reduce emergency response time. 4. If additional manpower is needed, the sergeant or OIC will call in additional officers beginning with the next shift, and order other officers in to assist as necessary. The police reserves may also be activated to assist. 5. Occupants of the public safety building may take refuge in the lower level, the armory or in the booking/holding area which has no windows and is constructed of reinforced materials. After the all clear is given the ranking officer will assess building damage. When a power failure occurs in the PSB, the emergency generator automatically starts and furnishes power. Should the emergency generator fail, vehicle maintenance personnel should be called in to assist with repairs. 507 Page 224 G.P.6.09 Effective Date: April 1, 1988 Revised: November 2009 Procedure for Disconnecting Malfunctioning Outdoor Warning Sirens Golden Valley's outdoor warning sirens have been integrated into the countywide/metro wide radio controlled system. The technology used to activate and de-activate sirens is extremely reliable. However, on occasion a siren may activate on its own due to an electrical, mechanical or radio malfunction. When this unlikely occurrence happens, the following procedure is to be followed: • Contact Hennepin County Sheriff Dispatch and request that they reset the malfunctioning outdoor warning siren. • If siren continues after attempted reset, open gray box on siren pole and turn off 40 amp circuit breaker. Key #33 in Watch Commander’s office will unlock padlock that secures the gray box. If a ladder is necessary to access the gray box, contact dispatch and request a single station fire response. • For service contact Ready Watt Electric (763) 241-4944 or Embedded Systems Inc. (763) 757-3696. Golden Valley sirens are located as follows: Siren Number and Location 1. 7800 Golden Valley Rd 2. 2601 Noble Ave. No. 3. 600 Zane Ave. No. 4. 9100 Olympia St. 5. 7100 Sandburg Road 6. City Reservoir 7. 3700 Glenwood Ave. 508 Page 225 G.P.6.10 Effective Date: December 14, 2004 Revised: January 2009 October 31, 2011 June 27, 2014 November 2014 Domestic Abuse Response and Arrest I. POLICY It is the policy of the Golden Valley Police Department to recognize domestic abuse as a serious problem in today’s society. This agency’s policy is to protect victims of domestic abuse by making an arrest whenever it is authorized and by ensuring its peace officers understand the laws governing this area. Peace officers will utilize this policy in response to calls when there may be domestic abuse. This policy prescribes courses of action peace officers should take in response to a domestic call. This agency will aggressively enforce the laws without bias and prejudice based on race, marital status, sexual orientation, economic status, age, disability, gender, religion, creed, or national origin. II. DEFINITIONS For the purposes of this policy, the words and phrases in this section have the meanings given to them, unless another intention clearly appears. A. Domestic Abuse has the meaning given it in MN STAT 518B.01, subd. 2(a), which states: "Domestic abuse" means the following, if committed against a family or household member by a family or household member: (1) physical harm, bodily injury, or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats, within the meaning of section 609.713, subdivision 1 ; criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345 , or 609.3451 ; or interference with an emergency call within the meaning of section 609.78, subdivision 2 . B. Domestic Abuse Program means a public or private intervention project or advocacy program which provides support and assistance to the victims of domestic abuse. C. Child means a person under the age of 18. D. Family or Household Member means spouses, former spouses, parents and children, persons related by blood, and persons who are presently residing together or who have 509 Page 226 resided together in the past, persons who have a child in common regardless of whether they have been married or have lived together at any time, and persons involved in a significant romantic or sexual relationship. It also includes a man and a woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time. E. Domestic Call means a request for assistance to a law enforcement agency regarding domestic abuse or any other crime against a family of household member. F. Qualified domestic violence-related offense (QDVRO) refers to prior convictions for violation of or an attempt to violate sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree murder); 609.19 (second-degree murder); 609.221 (first-degree assault); 609.222 (second- degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.342 (first- degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining order); 609.749 (stalking); 609.78, subdivision 2 (interference with an emergency call); 604.31 (nonconsensual dissemination of private sexual images); and 629.75 (violation of domestic abuse no contact order). If a person arrested for a domestic crime has a prior QDVRO, the new offense may be chargeable as a higher-level crime. The QDVRO includes violations of similar laws in other states or under federal or tribal law. G. Order for Protection is a court order that protects a victim from domestic abuse. Any family or household member may ask the court for an order for protection. A protection order may include: stop domestic abuse, no direct or indirect contact with petitioner, no stalking, evicting the respondent, housing for the petitioner when the respondent is the sole owner or lessee, temporary custody of minor children, financial support, and counseling. H. Restraining Order is a temporary court order to preserve current conditions as they are until a hearing is held at which both parties are present. A restraining order may be issued in a divorce matter to prevent taking a child out of the country or to prohibit one of the parties from selling marital property. Also, a person who is a victim of harassment may seek a restraining order. I. No Contact Order or Harassment/Stalking Restraining Order is an order issued when a petitioner requests a court order preventing another person from having contact with them or when a criminal charge has been filed with the court for the protection of someone. These orders generally prohibit all contact of any kind (including, but not limited to, phone calls, letters, e-mail and contact through a third party) and may limit the 510 Page 227 respondent‘s ability to come within a certain distance of someone’s home, work or school. A no contact order can be issued by the court even if the people involved want to have contact and object to the order. This type of order can be issued no matter what the relationship between the individuals involved. Violating these orders is a crime. J. Harassing means to engage in intentional conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted or intimidated AND causes this reaction on the part of the victim. K. Stalking is a crime of harassment. Generally a person commits the offense of stalking if he or she makes a credible threat to another person and, in connection with the threat, repeatedly follows that person or repeatedly communicates or attempts to communicate with that person or a member of that person's immediate family, whether or not a conversation occurs. III. PROCEDURE A. ARREST DECISIONS 1. Making Arrests: After securing the scene and providing any first aid, the peace officers will conduct an assessment of the situation based on the totality of the circumstances and begin a criminal investigation to determine if there is probable cause to believe a crime has been committed based on the evidence and not solely upon the victim’s desire to make an arrest. The officers should collect relevant physical evidence including weapons which may have been used, take photographs of the scene or any injuries and take statements from the involved parties and witnesses. Some of the evidence and statements include: ▪ condition of clothing, ▪ property damage, ▪ evidence of physical injury including strangulation, ▪ excited utterances of the victim and the suspect, ▪ demeanor of the victim and the suspect, ▪ medical records including the victim’s statements to paramedics, nurses and doctors, ▪ interviews of witnesses including children who may have been present, ▪ evidence of any prior domestic abuse – related convictions including dates, and ▪ any existing orders for protection, harassment restraining order or no contact orders. NOTE: When determining probable cause, the peace officers should consider their observations and any statements made by the parties involved and any witnesses. Prior convictions may provide the basis for enhancement to a gross misdemeanor or even felony charges. 2. Factors Not to be Considered in Making the Arrest: 511 Page 228 ▪ ownership, tenancy rights of either party, or the fact the incident occurred in a private place, ▪ belief that the victim will not cooperate with criminal prosecution or that the arrest may not lead to a conviction, ▪ verbal assurances that the abuse will stop, ▪ disposition of previous police calls involving the same victim or suspect, ▪ denial by either party that the abuse occurred when there is evidence of domestic abuse, ▪ lack of a court order restraining or restricting the suspect, ▪ concern about reprisals against the victim, ▪ adverse financial consequences that might result from the arrest, or ▪ chemical dependency or intoxication of the parties. 3. Primary Aggressor and Dual Arrests: The agency shall discourage dual arresti. Where there are allegations that each party assaulted the other, the peace officer shall determine whether there is sufficient evidence to conclude that one of the parties is the primary aggressor based on the following criteria and the officer’s judgment: ▪ comparative extent of any injuries inflicted, ▪ fear of physical injury because of past or present threats, ▪ actions taken in self-defense or to protect oneself, ▪ the history of domestic abuse perpetrated by one party against the other, or ▪ the existence or previous existence of an order for protection. 4. Victim Request not to Prosecute: If the officer finds probable cause to believe a domestic abuse offense has been committed and intends to arrest but the victim requests no arrest or prosecution, the officer should inform the victim that the decision to arrest is the officer's and the decision to prosecute lies with the prosecutor. B. AUTHORITY AND TYPES OF ARREST 1. Warrantless Probable Cause Arrest for Fifth Degree Assault or Domestic Assault: Although the general rule is that officers may not make probable cause arrests for misdemeanors unless the offense occurs in their presence (or a citizen who saw the crime requests an arrest) domestic assault is an exception. A peace officer may arrest a person anywhere without a warrant, including at the person’s residence, if the peace officer has probable cause to believe that the person has, within the preceding 72 hours, assaulted, threatened with a dangerous weapon, or placed in fear of i MN STAT 629.342 which mandates the development of a written domestic abuse arrest policy for every law enforcement agency in the state specifies that the policy "shall discourage dual arrests, include consideration of whether one of the parties acted in self defense, and provide guidance to officers concerning instances in which officers should remain at the scene of a domestic abuse incident until the likelihood of further imminent violence has been eliminated." 512 Page 229 immediate bodily harm any person covered by the “family or household member” definition (See II.D), even if the assault did not take place in the presence of the peace officer (MN STAT 629.341). A peace officer acting in good faith and exercising due care in making an arrest pursuant to this statute is immune from civil liability that might result from the officer’s action. NOTE: An arresting officer may not issue a citation in lieu of arrest and detention to an individual charged with assaulting the individual’s spouse or other individual with whom the charged person resides (MN STAT 629.72). 2. Level of Arrest for Assault 5, Domestic Assault; Misdemeanor, Gross Misdemeanor and Felony: Assault in the Fifth Degree and Domestic Assault are deemed misdemeanor offenses. However, recent changes in the statutes have greatly increased the potential for arrests for these crimes at the gross misdemeanor and even felony level Reference MN State Statutes 609.224 (Assault in the Fifth Degree), 609.2242 (Domestic Assault), and 609.2247 (Domestic Assault by Strangulation). 3. Harassment/Stalking (MN STAT 609.749): Effective July 1, 1993, Minnesota enacted a stalking statute which created new crimes at both the felony and gross misdemeanor levels. The statute also supersedes and repeals certain previous misdemeanor offenses. The acts covered by MN STAT 609.749 include several which are frequently applicable to domestic abuse situations even when no actual assault occurred. Definition: As used in this section, "stalking" means to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim. See MN State Statute 609.749 for enhancements. The 1997 Legislature also specifically declared that in stalking/harassment prosecutions the State does not have to prove the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted or intimidated (MN STAT 609.749, subd.1a.). The intent of the defendant is immaterial. Obtain ing a complete domestic abuse history is usually the key to making the determination that the current act, under the circumstances, constitutes the crime of harassment. NOTE: The harassment statute makes it more important than ever to document not just the facts of the current police call but also the history of abuse or harassment. 4. Probable Cause Warrantless Arrest: The domestic abuse arrest statute (MN STAT 629.72) has been amended to provide that the officer may not issue a citation in lieu 513 Page 230 of arrest in harassment/stalking cases. Reference MN State Statute 629.72 and 629.34. 5. Probable Cause Felony Arrests for Other Crimes: At a domestic call peace officers shall consider whether other felonies have been committed including but not limited to, burglary, felony assault, terroristic threats, kidnapping, false imprisonment, and witness tampering. NOTE: An Assault 5 may be chargeable as burglary in the first degree even if the home is also the offender’s if the entry is made without consent of the victim and in violation of an OFP barring the offender from the premises. 6. Violation of Court Orders: The peace officer shall verify whether any of the following orders exist before or during an arrest. The peace officer or someone acting at the officer’s direction may make this verification. Methods of verification include personally seeing a copy of the order or obtaining verification from the court or law enforcement agency that has the actual order. The police report shall include identifying information of the specific court order violated, including county of origin, the file number, and the provision allegedly violated. a) Order for Protection: A peace officer shall arrest and take into custody without a warrant a person who the peace officer has probable cause to believe has violated the restraint or exclusion section of an order for protection granted pursuant to MN STAT 518B.01, subds. 6, 7, and 9. Such an arrest shall be made even if the violation of the order did not take place in the presence of the peace officer, if the officer can verify the existence of the order. NOTE: There are three key points related to the Order for Protection: (1) the law requires an arrest regardless of whether or not the excluded party was invited back to the residence, (2) there is no hour limitation for a warrantless arrest for a violation of an Order for Protection, and (3) if there is evidence that an individual has violated another provision of an Order for Protection, other than the restraint or exclusion clauses, a police report should be submitted to the prosecutor indicating specifically how the order was violated. Reference MN State Statute 518B.01, Subd. 14 for enhancements. b) Harassment Restraining Order: A peace officer shall arrest and take into custody a person who the peace officer has probable cause to believe has violated a harassment restraining order pursuant to MN STAT 609.748, subds. 4 and 5, if the officer can verify the existence of the order. See MN State Statute 609.748 for enhancements. c) No Contact Order: As of August 1, 1993, an officer may arrest without a warrant any person who s/he has probable cause to believe has violated the provisions of a no contact or restraining order issued by a court. MN STAT 629.34, subd. 1(6). 514 Page 231 The pretrial order is frequently replaced at the time of sentencing with a new no contact order issued as a condition of probation. This no contact order may be valid for the full probationary period indicated in the order. The court may rescind a no contact order at any time. However, the production of the victim of a copy of an apparently valid court order, absent contrary evidence, provides prima facie (burden of proof) basis for arrest whenever there is probable cause to believe a violation of the order has occurred. 7. Other Misdemeanors: At a domestic call, the peace officer shall consider whether other crimes have been committed including but not limited to trespassing, criminal damage to property, disorderly conduct, witness tampering, or assault. E. ASSISTANCE, STAYING AT THE SCENE, CRIME VICTIM RIGHTS, AND SERVICES 1. Staying at the Scene: If no arrest is made peace officers should remain at the scene of the disturbance until they believe that the likelihood of further imminent abuse has been eliminated. If a domestic abuse intervention program is available and needed, the peace officer should make contact for immediate intervention. NOTE: MN STAT 629.342 provides that when a peace officer does not make an arrest, the peace officer must provide immediate assistance to the victim including obtaining necessary medical treatment and providing the victim with the notice of rights pursuant to MN STAT 629.341, subd. 3. 2. Assistance to Non-English Speaking Victims or Victims with Communication Disabilities: The responding officer(s) shall use the resource list established by the Golden Valley Police Department to contact a person to assist in those cases where the participants in the domestic call, including the witnesses, are non-English speaking, are hearing-impaired, or have other communication disabilities. The officer should try to avoid the use of friends, family or neighbors serving as the primary interpreter for the investigation. 3. Notice of Crime Victims Rights: The responding officer(s) shall give the victim of a domestic call a copy of the agency’s crime victim notification form. 4. Services: The responding officer(s) should contact Sojourner by phone as soon as possible on all arrest situations and provide the name and address of the victim and a brief factual account of events associated with the action. This section shall not apply if prohibited by the Minnesota Government Data Practices Act (MN STAT 13.82, subd. 10). F. CHILDREN 515 Page 232 1. Child Victims: If a child is present at the scene of a domestic call or is the victim of domestic abuse, the peace officer should determine whether the child has been subjected to physical abuse, sexual abuse, or neglect, and comply with the requirements of MN STAT 626.556, Reporting of Maltreatment of a Minor. The officers shall also attempt to verify whether there has been an Order for Protection (MN STAT 260C.201). If the child has been injured, the officer should escort the child to the nearest hospital for treatment. G. REPORTS AND FORMS 1. Written Report: Peace officers shall make a report after responding to a domestic call. If the officer did not arrest or seek an arrest warrant even though arrest was authorized, a detailed explanation of the reasons for the officer’s decision not to arrest must be documented. The report should include the following: ▪ detailed statements from the victim, suspect and witnesses; ▪ description of injuries; ▪ information about past abuse; ▪ description of the scene; ▪ primary aggressor; ▪ existence of language barriers; ▪ presence of elderly victims or those with disabilities; and ▪ documentation of evidence. H. FURTHER INVESTIGATION 1. A domestic call shall be turned over to the appropriate investigator for further follow- up if appropriate. If there is an arrest, the officer and/or investigator shall determine the defendant’s criminal record, and if there is evidence of a previous conviction, the peace officer should advise the prosecutors of any enhanced criminal sanctions which may be available. 2. Notwithstanding the fact that the officer has decided not to arrest one of the participants in the domestic call, the peace officer shall thoroughly document all relevant information in the report and shall refer the report to the appropriate prosecutor for review and consideration of criminal charges. 516 Page 233 G.P 6.11 Effective Date: January 1, 1997 Revised: October 31, 2011 April 26, 2016 Predatory Offender Registration and Community Notification I. POLICY It is the policy of the Golden Valley Police Department to protect the public by disclosing information on predatory offenders residing in this agency’s community. This agency will decide what information to disclose and who to disclose it to based on the level of danger posed by the offender, the offender's pattern of offending behavior and the needs of community members to enhance their individual and collective safety. II. DEFINITIONS A. Predatory Offender Registration and Community Notification refers to the Minnesota law that requires certain predatory offenders to register with the Minnesota Department of Public Safety Predatory Offender Unit. The law also provides for community notification about certain adult predatory offenders who have been incarcerated by the Minnesota Department of Corrections (DOC) or confined by the Minnesota Department of Human Services (DHS). B. Offender Risk Levels means the level of notification is governed by the level of risk assigned by the DOC. Three possible risk levels can be assigned to an offender. They are: ▪ Level 1 – low risk of re-offending ▪ Level 2 – moderate risk of re-offending ▪ Level 3 – high risk of re-offending Note: Some offenders who are required to register as predatory offenders are not assigned a risk level because their sentence was completed prior to predatory offender legislation or because they have not spent time in state or federal prison. These offenders are not subject to community notification. III.REGISTRATION PROCEDURES For questions concerning predatory offender registration refer to the Bureau of Criminal Apprehension (BCA)’s Predatory Offender Registration website at www.dps.state.mn.us/bca for detailed information, or contact the Predatory Offender Unit (BCA-POR) by calling (651) 793-7070 or 1-888-234-1248. When an offender arrives to register with this agency, determine what state the offense was committed in and if the individual is required to register by reviewing the list of registrable offenses on the POR website. 517 Page 234 If the offender is required to register, contact the BCA POR to verify the offender is already registered and a DNA sample has been submitted. ▪ If the offender is already registered, the offender completes a Change of Information Form included on the BCA’s website at www.dps.state.mn.us/bca. ▪ If the offender is not registered, the offender completes a Predatory Offender Registration Form included on the BCA’s website at www.dps.state.mn.us/bca. ▪ If the offender is from another state, the offender, or probation/parole officer contacts the state (information for each state is listed on the BCA’s website at www.dps.state.mn.us/bca) and request a copy of the offender’s original registration form, criminal complaint and sentencing documents. It is recommended Golden Valley Police Department staff verify the address of offenders living in their community. ▪ If the offender is not living at the registered address, contact the BCA-POR to determine if a Change of Information Form was submitted. If it was not, the offender may be charged with failure to notify authorities of a change in residence. To make this charge, contact the BCA-POR to request a prosecution packet. Submit the packet to the county attorney’s office to file a formal charge. Note: It must be verified that the offender is no longer residing at his/her last address prior to submitting the prosecution packet for charging. Depending on the county attorney, formal statements may be needed from friends, co-workers, neighbors, caretakers, etc. IV. COMMUNITY NOTIFICATION PROCEDURES For questions regarding community notification or the risk level assigned to an offender contact the Risk Assessment/Community Notification Unit of the Department of Corrections (DOC RA/CN Unit) at 651-361-7340 or at notification.doc@state.mn.us. The DOC will answer questions about the notification process and agency responsibilities. The DOC is also available to assist agencies in conducting public notification meetings when an offender subject to notification moves into a law enforcement jurisdiction. A. Notification Process Law enforcement agencies receive information from the BCA and DOC pertaining to the risk levels of offenders. The duty of law enforcement to provide notification depends on the risk level assigned as described below. Public notification must not be made if an offender is placed or resides in one of the DOC licensed residential facilities (halfway houses) operated by RS-Eden, Alpha House, 180 Degrees, Damascus Way, or Bethel Work Release. Level 1 – Information maintained by law enforcement and may be subject to limited disclosure. See attachment 1: Confidential Fact Sheet – For Law Enforcement Agency Use Only. • Mandatory disclosure 518 Page 235 o Victims who have requested disclosure • Discretionary disclosure o Other witnesses or victims o Other law enforcement agencies. Level 2 – Information subject to limited disclosure for the purpose of securing institutions and protecting individuals in their care while they are on or near the premises of the institution. • In addition to Level 1 disclosures, the law enforcement agency may disclose information to: o Staff members of public and private educational institutions, day care establishments and establishments that primarily serve individuals likely to be victimized by the offender. o Individuals likely to be victimized by the offender. • Discretionary notification must be based on the offender’s pattern of offending or victim preference as documented by DOC or DHS. Level 3 – Information subject to disclosure, not only to safeguard facilities and protect the individuals they serve, but also to protect the community as a whole. • In addition to Level 2 disclosures, law enforcement shall disclose information to other members of the community whom the offender is likely to encounter, unless public safety would be compromised by the disclosure or a more limited disclosure is necessary to protect the identity of the victim. • A good faith effort must be made to complete the disclosure within 14 days of receiving documents from DOC. • The process of notification is determined by the Golden Valley Police Department. The current standard for a Level 3 offender is to invite the community to a public meeting and disclose the necessary information. . B. Health Care Facility Notification Upon notice that a registered predatory offender without a supervising agent has been admitted to a health care facility in its jurisdiction, law enforcement shall provide a fact sheet to the facility administrator with the following information: name and physical description of the offender; the offender’s conviction history, including the dates of conviction; the risk level assigned to the offender, if any; and the profile of likely victims. C. Specialized Notifications 1. Offenders from Other States and Offenders Released from Federal Facilities Subject to Notification ▪ If Golden Valley Police Department learns that a person under its jurisdiction is subject to registration and desires consultation on whether or not the person is eligible for notification, the agency must contact the DOC. The DOC will review the governing law of the other state and, if comparable to Minnesota requirements, inform law enforcement that it may proceed with community notification in accordance with the level assigned by the other state. 519 Page 236 ▪ If DOC determines that the governing law in the other state is not comparable, community notification by law enforcement may be made consistent with that authorized for risk level 2. ▪ In the alternative, if the Golden Valley Police Department believes that a risk level assessment is needed, the agency may request an end-of-confinement review. Golden Valley Police Department shall provide to the DOC necessary documents required to assess a person for a risk level. 2. Victim Notification Law enforcement agencies in the area where a predatory offender resides, expects to reside, is employed, or is regularly found shall provide victims who have requested notification with information that is relevant and necessary to protect the victim and counteract the offender’s dangerousness. DOC will provide victim contact information to the Golden Valley Police Department when there is a victim who has requested notification. Law enforcement personnel may directly contact the victim. Community victim advocacy resources may also be available to assist with locating a victim and with providing notification. Assistance is also available from the DOC Victim Services staff. Law enforcement also may contact other victims or witnesses as well as other individuals who are likely to be victimized by the offender. 3. Homeless Notification Process If public notice (Level 2 or 3) is required on a registered homeless offender, that notice should include as much specificity as possible, for example “in the vicinity of_____”. These offenders are required to check in with local law enforcement on a weekly basis. V. POR COMPLIANCE CHECKS The Golden Valley Police Department will do yearly compliance checks as well as random compliance checks on persons who are registered as a predatory offender and list that they are currently residing in the City of Golden Valley. The police chief of his/her designee will be responsible for monitoring which registered offenders are currently listed as residing in the city of golden valley through the DOC information web site. Random and yearly checks on POR will be done by uniform patrol officers who will be assigned to check and confirm if the POR is still living at the address listed and if in compliance with his/her registration. These random checks will be assigned by the police chief’s designee and a form with the POR information will be issued to follow up on. If the POR is in compliance the form should be filled out and given back to the investigations designee for documentation of the contact and confirmation. A photo of the POR should be taken and uploaded to the DOC website at least once a year. 520 Page 237 If the POR is not currently living at the registered address or is not in compliance with full information, then the form should be completed and forwarded to the police chief’s designee for further follow-up. If it is determined that the POR is in violation then the investigation detective should follow up and refer to County attorney for the appropriate charges. 521 Page 238 Records and Data Management 522 Page 239 G.P.7.01 Effective Date: November 1988 January 17, 2017 Minnesota Government Data Practices Information Dissemination PURPOSE: The purpose of this General Order is to insure a consistent understanding and application of the Minnesota Government Data Practices Act as it relates to public release of information gathered by the Department. I. Philosophy The Minnesota Government Data Practices Act provides that all data is open to public except where the law specifically provides that it should be closed to promote the public interest. The closing of data to the public is allowed in limited circumstances to enhance the effective prosecution of crimes and to protect citizens from further harm as a result of the disclosure of information gathered by the government about them. This corresponds to the philosophy of the Golden Valley Police Dept. in the dissemination of data collected by it. Further, since the publ ic has an inherent right to regulate governmental activities, the Department recognizes its obligation to make accurate and current information readily available to the public. To this end, the Department will apply the "confidential", "private, "protected non-public", and "non-public" provisions of the Minnesota Government Data Practices Act only to the extent provided in the law. II. Public Information Officer The Public Information Officer (PIO) is appointed by the Chief of Police and reports directly to the Chief. The PIO is the primary contact point for media personnel seeking information, interviews, or research data. The PIO does not normally serve as the departmental spokesperson, but instead coordinates requests for interviews and assists department members in their preparation for such interviews. The Chief’s administrative assistant will maintain the records for the PIO. Other Duties of the PIO: • Prepare public information releases • Provide liaison between police and media at major events • Plan and conduct training in media relations for department members • Assure conformance to applicable laws on release of public data • Keep Chief of Police, other staff members and the City Manager informed of issues related to media relations 523 Page 240 III. Sources of Public Information A. Official Sources of Information Public information on departmental activities is available from the following sources: • Police Records Unit • Division commanders or their designee • On-duty shift supervisors • Public Information Officer (PIO) • Chief’s Office • Communications Center While any police officer may provide public information to the media within the guidelines of this policy, all media requests should be reported to the PIO. Officers are not to voice opinions to the news media on the professional or personal conduct of other department members. IV. Routine Information Requests Obtaining Data Individuals may obtain public data maintained by this department by submitting a completed data request form. This form is available at the front desk of the Police Department and on the City website. Police Reports/response data/service data: A computerized log of police incident reports and response data is maintained and posted on the City website weekly for public viewing. Media personnel and the public may request crime statistics, including annual reports, by contacting the PIO at 763-593-8079. Response to Requests Appointed staff responsible for data dissemination will attempt to respond to all requests for public data promptly. If immediate compliance with the request is not possible when it is received, within ten (10) working days of the date of the request for the inspection of private or non-public data, the Golden Valley Police Department will schedule a convenient time for the individual to review the data. The Golden Valley Police Department shall require reasonable identification from the individual who seeks review of private data on individuals or nonpublic data to make sure that the individual is, in fact, the subject of private data on individuals or nonpublic data. Fees If an individual is requesting to have copies of public, private, protected-nonpublic, or confidential data, the Golden Valley Police Department will charge the individual the statutorily authorized fee or those set forth in the current fee schedule. 524 Page 241 V. Standards Public Data General Rule: All information received or collected by the Department in its activities shall be public, unless it falls within one of the exceptions set forth by MN State Statute and or the Minnesota Government Data Practices Act. Private Data on Individuals and Non-Public Data Private data on individuals and nonpublic data are data that, pursuant to State or Federal law, is not public and is accessible only to the individual subject of the data, if any. Access is also available to employees of the Golden Valley Police Department whose work assignments reasonably require access and other entities or agencies as determined by the responsible authority who are authorized access by statute. Additionally, entities or individuals who are given access by the written direction of the subject of the data via a completed Informed Consent to Release form. Confidential Data on Individuals and Protected Nonpublic Data Confidential data on individuals and protected-nonpublic data are data that, pursuant to State or Federal law, is not public and not accessible to the subject of such data. Such data is only available to the employees of the Golden Valley Police Department whose work assignments reasonably require access and to other entities or agencies authorized by statute to gain access to such data. An individual may make an inquiry whether or not any confidential data on individuals concerning that individual is maintained by the Golden Valley Police Department. If immediate compliance with the inquiry is not possible when it is received, with in ten working days of the date of request from the individual concerning the existence of confidential data on that individual, the Golden Valley Police Department will inform the individual if such confidential data on that individual exists. The Golden Valley Police Department shall require reasonable identification from any individual requesting whether or not any confidential data on individuals is maintained on that individual by the Golden Valley Police Department. Summary Data Summary data means statistical records and reports. The preparation and use of summary data derived from private data on individuals or confidential data on individuals is permitted provided that the individuals are not identified in the summary data and neither their i dentities nor any other characteristic that could uniquely identify such individuals are ascertainable from the summary data. Fee Charges for Summary Data If a person requests the preparation of summary data from private data on individuals or confidential data on individuals, the Golden Valley Police Department will charge the person the actual cost for: • Materials used to research and prepare summary data including paper and copying costs; • Labor required to research and prepare the summary data; • Mailing of the summary data; and 525 Page 242 • Other unique expenses directly related to research and preparation of summary data, including but not limited to the cost of computer time. An estimate of the charges and the amount of time required to prepare the summary data will be furnished in writing by the responsible authority to the person making the request within ten days of the receipt of the request by the responsible authority. The Golden Valley Police Department must be reimbursed before the data will be released. Ongoing Investigations: Data on cases under investigation is considered confidential Booking or Mug Shots: Arrest photos of adults are public records. They can be withheld temporarily when release would adversely affect an ongoing investigation. Mug shot requests are to be handled by Records Unit staff. Juvenile mug shots are private data. The department can only release images it has created. No Hennepin County or other agencies’ images can be released. Arrest Data: The names of arrested adults are public data as soon as the booking procedure has been completed. Names may be temporarily withheld if the release would jeopardize safety of the public or police officers. Audio and Video Data: The Police Department has several sources of audio video files which are all subject to the Minnesota Government Data Practices Act. Requests for this data will be directed to the Records Unit supervisor. The release and treatment of these files will be consistent with the release of other types of data identified in this policy or by statute. Internal Investigations and Personnel Data: Public data on internal investigations of department members is limited by Minnesota statute to a summary of the employee’s personnel data and the existence of any cases investigated as internal investigations. All requests for information on internal investigations are to be referred to the Chief of Police or designee. Certain personnel data regarding members of the Golden Valley Police Department is public. (SS-13.43 Sub. 2) *Note that the following is not public: date of birth, home address, phone number, photos. All requests for personnel data should be referred to the Human Resources Department. 911 Tapes: Recordings of 911 phone calls are private under state law. Transcripts of such calls are public, with certain data possibly edited out as private. Persons wishing transcripts of 911 tapes are to contact the Hennepin County Sheriff’s Office. Parental Access for Minors Pursuant to Minnesota Statutes Section 13.02, subd. 8, and Minnesota Rules, part 1205.0500, the parents of a minor data subject have access to private data on individuals and non-public data concerning the minor. The Golden Valley Police Department shall provide minors that are the subject of data collection with notification that the minor individual has the right to request, in writing to the Golden Valley Police Chief, or his/her designee, that such parental access be denied. The written Denial of Parental Access to Data Request form of the minor must also set forth the reasons for requesting the denial of parental access. 526 Page 243 Upon receipt of such a request from a minor, the Chief of Police, or his/her designee, shall determine if honoring the request of the minor to deny such parental access would be in the best interest of the minor. In making this determination, the Chief of Police, or his/her designee shall be guided by at least the following: • Whether the minor is of sufficient age and maturity to be able to explain the reasons for and to understand the consequences of the request to deny access; • Whether the personal situation of the minor is such that denied parental access may protect the minor data subject to a physical or emotional harm; • Whether there is ground for believing that the minor data subject's reasons for precluding parental access are reasonably accurate; • Whether the data in question is of such a nature that disclosure of it to the parent could lead to physical or emotional harm to the minor data subject; • Whether the data concerns medical, dental, or other health services provided pursuant to Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. Without a request from a minor, the Golden Valley Police or his/her designee may deny parental access to private data on a minor pursuant to the provisions of Minnesota Statutes Section 144.335, or any other State or Federal statute that allows or requires the responsible authority to do so, if such State statute or Federal law provides standards that limit the exercise of discretion of the responsible party. VI. Information Requests under Special Circumstances A. Crime Scenes: Crime scene boundaries are determined by police personnel at the scene of a crime and are generally marked with yellow police tape. In order to protect the integrity of evidence and the safety of all persons, crime scenes are not to be entered by media personnel or other unauthorized persons. Police personnel responsible for crime scene security shall inform media representatives or other unauthorized persons that the scene may not be entered until processing has been completed. Police officers at crime scenes who are asked to provide information to media personnel should generally refer them to the on-scene or shift supervisor. If no supervisor is available, the on- scene officer may provide information to the media, but must inform his or her supervisor and also document the media request in writing to the PIO. B. Complaints Against Officers/Department: Media inquiries related to complaints against police department members or against the department in general should be referred to the on - duty shift supervisor. VII. Information Not to be Released 527 Page 244 A. The identity of a suspect prior to arrest unless such release would protect the public safety or aid in the apprehension of a dangerous suspect B. Any information which would tend to identify the victim of a sexual assault as defined in Minnesota Statutes C. The identity of juvenile suspects, arrestees, crime victims, or witnesses D. Other individuals identified in 13.82 Sub. 10 E. The identity of, or information that would tend to identify, any critically inj ured or deceased individual prior to the notification of next-of-kin F. The results of any investigative procedures such as line-ups, chemical tests, fingerprint tests, ballistics test or any other procedure that is part of a criminal investigation G. The existence or content of suspects’ statements or confessions prior to adjudication in court H. Specific cause of death, unless already determined and made public by the Medical Examiner I. The home address or phone number of any member of the police department J. Name or any information on undercover officers Disputes Any complaint or dispute with the processing of public, private, confidential, protected non- public data on individuals or summary data by the Golden Valley Police Department should be directed, in writing, to the Chief of Police. Accuracy or completeness of public or private data An individual may contest the accuracy or completeness of public or private data. To do this, the individual shall notify, in writing, the Chief of Police or his/her designee and describe the nature of the disagreement. Within 30 days the Chief of Police or his/her designee will then correct the data found to be inaccurate or incomplete and attempt to notify the past recipients of inaccurate or incomplete data, including recipients named by the individual or notify the individual that the responsible authority believes the data to be correct. Any data in dispute shall be disclosed only if the individual's statement of data in dispute disagreement is then included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the Minnesota Administrative Procedure Act relating to contested cases. Data on individuals that have been successfully challenged by the individual must be completed, corrected or destroyed by the Golden Valley Police Department without regard to the requirement of the state statute on document retention. After completing, correcting or destroying successfully challenged data, the Golden Valley Police Department may retain a copy of the Commissioner of Administration's Order issued under the state Administrative Procedures Act or, if no order were issued, a summary of the dispute between the parties that does not contain any particulars of the successfully challenged data. Rights of individuals supplying private or confidential data An individual asked to supply private or confidential data CONCERNING THE INDIVIDUAL shall be informed of: A. The purpose and intended use of the requested data within the Golden Valley Police Department; B. Whether the individual may refuse or is legally required to supply the requested data; 528 Page 245 C. Any known consequence arising from the individuals supplying or refusing to supply private or confidential data; D. The identity of other persons or entities authorized State or Federal law to receive the data. But this information requirement does not apply when an individual is asked to supply investigative data to a law enforcement officer. VIII. Press Notification A. News Releases: These news releases will be prepared by the Public Information Officer for incidents and events that are likely to create media interest. Major crimes, disasters, drownings and serious traffic crashes are examples of such incidents. Shift supervisors may prepare proactive news releases and should leave a copy for the PIO and command staff. Proactive news releases are also appropriate for planned events of public interest such as police open houses, police-youth events, and police awards ceremonies. The PIO is responsible for cataloging all proactive press releases and distribution of releases to department command staff members. The Chief’s administrative assistant shall keep all copies of these releases on file. Proactive news releases will be distributed to all local media outlets, regardless of the event. A current list of media contacts is located at G:\Media Contacts. IX. Supervisory Responsibilities The following guidelines may be used by supervisors when dealing with the media or other interested parties regarding an incident. It is generally the policy of this department to only release public information through the public information officer or his designee. However, there are times when this may not be possible. There is certain data that is always public, and that should be released in a timely manner whenever practical. Arrests It is never appropriate to authorize the release of mug shots from either this agency or Hennepin County without first consulting with investigators. There are times when the release may prove harmful to the investigation, and caution should be used prior to such a decision. Incidents It is sometimes necessary to release incident data if inquiries are made. Below is the statute that pertains to incidents. Again, the underlined items are those that should be included in any release of information. Response or incident data. The following data created or collected by law enforcement agencies which documents the agency's response to a request for service including, but not limited to, responses to traffic accidents, or which describes actions taken by the agency on its own initiative shall be public government data: 529 Page 246 (a) date, time and place of the action; (b) agencies, units of agencies and individual agency personnel participating in the action unless the identities of agency personnel qualify for protection under subdivision 10; (c) any resistance encountered by the agency; (d) any pursuit engaged in by the agency; (e) whether any weapons were used by the agency or other individuals; (f) a brief factual reconstruction of events associated with the action; (g) names and addresses of witnesses to the agency action or the incident unless the identity of any witness qualifies for protection under subdivision 10; (h) names and addresses of any victims or casualties unless the identities of those individuals qualify for protection under subdivision 10; (i) the name and location of the health care facility to which victims or casualties were taken; (j) response or incident report number; (k) dates of birth of the parties involved in a traffic accident; (l) whether the parties involved were wearing seat belts; and (m) the alcohol concentration of each driver. Any release of information should be included with the case file with a copy forwarded to the public information officer, and no additional information should routinely be released. Supervisors should generally refrain from providing interviews to the media or other interested persons, however there are times when the timely release of that information may be essential to the case or to the safety of the public. In those cases, the supervisor should make every effort to consult with the investigator in charge and others, however the decision to participate in an interview ultimately rests with the supervisor. In those cases when an interview is done, the supervisor should have a prepared statement prior to the interview. The statement should be th e sole content of the interview, and generally questions should only deal with clarification of the statement, if necessary. X. Death Investigation It shall be the responsibility of the Medical Examiner's Office to authorize the release of the names of victims in such cases. Only after such authorization may the names be included in news releases. Minnesota State Statutes referred to in this document are located at: http://www.revisor.leg.state.mn.us/stats/13/82.html 530 Page 247 G.P.7.02 Effective Date: January 1987 Revised: November 2009 CJDN (and Related Systems) Information PURPOSE: 1. To establish who has access to the system's information. 2. Information on inquiry retention and audit. 3. Misuse of the CJDN PROCEDURE: 1. Access to Data A. Direct access to the computer by means of a terminal device or satellite computer will be permitted only for criminal justice agencies in the discharge of their official mandated responsibilities and is further restricted to agencies who have a "Users Agreement" as required by security and privacy regulations. B. All employees will attend training and acquire the appropriate certification level within 6 months of hire. C. Terminals and printers are required to be physically placed in secure locations within the agency. D. Access to criminal history data is restricted to terminal operators who are screened by having a criminal background check and fingerprints taken and submitted to the BCA. E. Access to the terminal is restricted to a minimum number of authorized employees in the agency. Visitors to the department are to be escorted by department personnel when in the proximity of a terminal. F. The system may be used for criminal justice purposes only. The system cannot be used for personal checks or non-criminal justice purposes not authorized by law. G. All queries must include a reason or case number for the criminal history. H. Mobile Data Computers (MCDs) are an access point for the CJDN and related systems and may only be accessed by certified users. Because private data is accessed on this device, anyone riding with the officer must have a criminal background check and no felony convictions. 531 Page 248 MDC Security A. Use of terminal messages may be closely monitored by supervisors who will take appropriate action to curtail inappropriate transmissions. B. Terminal messages are not private. They are public records, including messages sent car -to- car. C. NCIC CHECKS- NCIC checks for vehicle registrations, driver’s license and warrants may be performed via MDC. Anytime a “hit” is received, the officer must immediately notify dispatch and the Desk CSO by voice radio transmission. The Desk CSO must then perform the NCIC check again for confirmation purposes. 2. Inquiry Retention and Audit A. A computer log tape of all inquiries and responses to the files is maintained by BCA. B. Information received from the system is confidential and release of this information is restricted to the Data Privacy Rules. C. Dissemination of private data is restricted to agency personnel and to the city and/or county attorney. D. Criminal histories should not be placed or scanned as part of the original case file and should be destroyed (shredded) when the user is done with it. 3. Hit Confirmation Policy A. Terminal operators will follow the NCIC guidelines when requesting or responding to a hit confirmation. 4. Misuse of CJIS A. Consequences of misuse of the CJIS or related systems, directly or indirectly, are subject to formal discipline up to and including termination. B. Identified misuse of the system will be reported to the BCA CJIS Systems Officer. 532 Page 249 G.P.7.03 Effective Date: January 1, 1987 Revised: November 2009 Motor Vehicle Registration and Driver’s License Information to Public PURPOSE To establish policy and procedures for disseminating motor vehicle registration and driver ’s license information to the public. PROCEDURE 1) In all cases, the public can obtain motor vehicle registration and driver ’s license information by the following method: Writing or visiting: State of Minnesota Dept. of Public Safety Driver and Vehicle Services Division St. Paul, MN 55155 (612) 296-6910 533 Page 250 G.P.7.04 Effective Date: December 19, 1993 Revised: November 2009 Managing Hot Files Purpose 1. To establish a procedure for the accurate and timely entry of missing persons and stolen property into the Minnesota Criminal Justice Information System (CJIS) and National Crime Information Center (NCIC). 2. To establish a procedure for the on-going accuracy and completeness of entries into CJIS and NCIC. Procedures Initial Entry: 1. Reporting Requirements: Officers taking reports involving missing persons or stolen property shall obtain, from the reporting party, as complete a description as possible of the person or item involved. In the case of a missing person this description shall contain at a minimum: Reason missing, Full Name, Sex, Race, DOB, Height, Weight, Eye Color, Hair Color, and Date of Last Contact. In the case of stolen property, the information shall contain: A detailed description of the stolen item (including Brand, Model, and other unique identifying characteristics), Serial Number or V.I.N. 2. Entry Procedure: Stolen Vehicles and Stolen Guns: Within two hours of receiving the information, the reporting officer shall forward a written description of the person or item to the Desk CSO on duty for immediate entry. During times when a Desk CSO is not on duty the officer shall forward the information to an administrative assistance who is a certified terminal operator or to the Support Services Supervisor for immediate entry. 534 Page 251 Other Stolen Property: The administrative assistant preparing the report shall complete a stolen property entry request and forward this to the Desk CSO for entry. Missing Persons: Missing persons are those defined by the NCIC 200 manual The reporting officer shall forward a written description of the missing person to the Desk CSO on duty for immediate entry. During times when a Desk CSO is not on duty the officer shall forward the information to an administrative assistant who is a certified terminal operator or to the Support Services Supervisor for immediate entry. ALL NCIC ENTRIES SHALL BE REVIEWED BY THE REPORTING OFFICER OR ADMINISTRATIVE ASSISTANT FOR ACCURACY BY A 2ND EMPLOYEE. Record Validation: 1. Missing Persons: The investigator assigned a missing person's case shall ensure that contact is made with all available resources and shall obtain any additional identifying physical characteristics. This information will be forwarded to the Desk CSO who will update the initial entry. 2. Monthly Validation: The Terminal Agency Coordinator (TAC) shall be responsible for the monthly validation of records submitted by CJIS for validation. Validation shall include the following procedures: 1. Review of the original entry and supporting documentation for accuracy. Including, a review of the file to see if additional information has become available (not included in the original entry) that could be added to the record. 2. In the case of Missing Persons, contact will be made with the reporting person by telephone to confirm that the person is still missing and obtain any additional information that may be helpful in locating or identifying the individual. 3. In the case of Stolen Vehicles and Guns, a letter will be sent to the reporting person requesting that they review the information for accuracy and confirm that the item is still missing. 4. If the entry is no longer valid or if we are unable to make contact with the reporting person the record will immediately be removed from CJIS and or NCIC. 5. The person validating the record shall ensure that a copy of the CJIS / NCIC entry is in the case file. 6. The TAC will sign the validation form and retain a copy of the validation lists for two years. 535 Page 252 G.P.7.05 Effective Date: July 29, 2005 2-Finger Rapid Identification Use Purpose To establish guidelines for the use of 2-Finger Rapid Identification (2-FRI) devices used to capture fingerprints to access the State’s 2-Finger Rapid Identification System. Definitions Automatic Finger Identification System (AIFS) – The Minnesota Bureau of Criminal Apprehension’s fingerprint system for identification of individuals in the crimi nal justice system. Computerized Criminal History Data – all data maintained in criminal history records compiled by the Bureau of Criminal Apprehension and disseminated through the criminal justice information system, including but not limited to fingerprints, photographs, identification data, arrest data, prosecution data, criminal court data, and custody and supervision data. Criminal Justice Agency (MN Stat. § 299C.46) – an agency of the state or an agency of a political subdivision charged with detection, enforcement, prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this state. The definition also includes all sites identified and licensed as a detention facility by the Commissioner of Corrections under section 241.021. Rapid Identification System – a subsystem of the Automatic Fingerprint Identification System (AIFS) that is capable of searching submitted index finger fingerprints and returning identification and/or criminal history data in a short time, typically less than three minutes. Procedures The 2-FRI device is a wireless automated device intended to assist law enforcement in the identification of unknown subjects by electronically capturing and transmitting subject fingerprints and photograph and comparing the subject’s information against information of known subjects in the AIFS Rapid Identification System and returning match information to the officer. The Rapid Identification equipment can be used whenever the true identity of a suspect is in doubt. Information received from the Rapid Identification system is only one piece of identification information and shall not be used as the sole grounds for establishing probable cause for arrest. Only personnel who have successfully completed training in Rapid Identification equipment use, through approved courses, and employed by a Criminal Justice Agency, shall be authorized to operate this equipment and have access to Rapid Identification data. Personnel accessing the Rapid Identification system shall complete training within 6 months of hire or assignment to a position requiring access. 536 Page 253 Law enforcement officers and others operating Rapid Identification equipment or accessing Rapid Identification data shall ensure that the privacy of individuals being tested are protected and that all local policies and procedures are followed. Officers shall document the use of Rapid Identification equipment in an offense report. 537 Page 254 G.P.7.06 Effective Date: September 8, 2011 Missing Persons ENDANGERED MISSING PERSONS Endangered missing persons are to be entered into the system immediately not to exceed two hours, upon receiving the minimum data required for entry into NCIC. The two hour clock shall begin at the time the minimum data required is received. The agency must be able to document the time. JUVENILES – UP TO 17 YOA Juveniles are to be entered into the system immediately, not to exceed two hours, upon receiving the minimum data required for entry into NCIC. The two hour clock shall begin at the time the minimum data required is received. The agency must be able to document the time. ADULTS 18 – 20 YEARS OLD Any adults under 21 years of age are to be entered into the system immediately, not to exceed two hours, upon receiving the minimum data required for entry into NCIC. The two hour clock shall begin when the minimum data required for entry is received from the complainant. The agency must be able to document the time. A signed report is not required. ADULTS 21 YEARS AND OLDER To ensure maximum System effectiveness, Missing Person records must be entered immediately when the conditions for entry are met, not to exceed 3 days, upon receipt by the entering agency. Adults age 21 and older are required to have signed documentation supporting the stated conditions under which they are being declared missing before entry into the system, unless they are victims of a catastrophe. The documentation should be from a source such as a parent, legal guardian, next of kin, physician or other authority source including a neighbor or a friend. However when such documentation is not reasonably attainable, a signed report by the investigating officer will suffice. For agencies using Electronic Records Management Systems (ERMS), some forms of signatures that are acceptable are: 1) Digitized signatures 2) Manual signatures scanned into the ERMS 3) The case officer’s typed name into the report in the ERMS. When entering records into the NCIC missing person file, the entry person will: 1. Run a current DVS and CCH/III inquiry to obtain as many descriptors as possible regarding the subject. This check should include a check of whether medical/dental information is available regarding the subject. Any descriptors used must be documented in the officer’s report or saved within the case file. Attempts to obtain medical/dental information must also be documented in the case file. 2. Enter a record into NCIC on the subject. This record should include all descriptors. Additional identifiers such as scars, marks and tattoos, aliases, additional dates of birth, etc., should be added to the record through the use of the Enter Missing Person Supplemental Screen. 538 Page 255 After the record is entered, query the NCIC entry to obtain a hard copy for second party verification purposes. Entry of medical and dental information is to be entered within sixty (60) days of an original entry of a missing person record, if available. NCIC will send an administrative message, $K, thirty (30) days after the record has been entered. This will serve as a reminder to attempt to obtain additional identifying information. A notation shall be made in the case file indicating when this attempt was made and what the outcome was, ie: child has returned, dental records obtained, etc. This sixty (60) day update is mandatory FBI requirement on all missing persons records under the age of 21 and Golden Valley Police personnel shall document this attempt in the case file to show that this requirement has been met. 539 Page 256 G.P. 7.07 Effective Date: September 8, 2011 Hit Confirmations DEFINITION OF A CJIS/NCIC HIT A Hit is a positive response from MNJIS and/or NCIC in which the person or property inquired about appears to match the person or property contained in the response. Queried subject appears to match the record subject. NCIC HIT CONFIRMATION POLICY Agencies that enter records into MNJIS/NCIC must be available for Hit confirmation 24 hours a day, every day of the year. Non-24-hour agencies must place either the ORI or the telephone number (including area code) of the 24-hour agency responsible for responding to a hit confirmation request in the MIS/ field of the hot file record. THE HIT CONFIRMATION PROCESS NCIC policy requires an agency receiving a hit on another agency’s MNJIS/NCIC record to contact the entering agency to confirm that the record is accurate and up to date. HIT CONFIRMATION POLICY If you have performed an inquiry and received a “Hit”, use the following procedures: 1. Print a hard copy of the Hit. 2. Immediately confirm with the arresting officer: Examine the Hit message and evaluate all information in the record and compare with the officer’s description of the subject being stopped or property being recovered to insure that person or property matches the person or property described in the Hit. 3. Confirm the Hit with the originating agency. An inquiring agency that receives a hit must use the YQ message to request confirmation of a Hit. Use the appropriate pre- formatted screen. a. RNO – Request Number. Enter 1, 2, or 3 to indicate whether the Hit confirmation request is the 1st, 2nd, or 3rd request sent. When an agency requests a hit confirmation and fails to receive a response within the specified time (10 minutes or 1 hour), then it must send a second request for Hit confirmation, entering a 2 in the RNO field. The second request will be sent to the originating agency along with a copy that is automatically sent to the CTA in the state where the originating agency is located. If a second request is not responded to, then a third request must be sent with a 3 in the RNO field. This will cause the Hit confirmation request to be sent to the originating agency along with copies that are automatically sent to the CTA in the state where the originating agency is located, as well as to NCIC. b. PRI – Priority. The agency requesting confirmation of a Hit must determine if an URGENT (10 minute) or ROUTINE (1 hour) response is appropriate. c. Fill in any other appropriate fields before transmitting the request. 540 Page 257 4. If the originating agency indicated that the Hit is not active, notify the requesting person. Do not arrest the subject or recover the property. 5. If the originating agency confirms that the Hit is still active and the subject is arrested, or property recovered, enter a Locate, and print a hard copy of the confirmation to be attached to the report. HIT CONFIRMATION RESPONSE If you receive a Hit confirmation, use the following procedures to respond. 1. Print a hard copy of the confirmation request. 2. Note the amount of time that you have to respond and make sure to respond within that time period. 3. Attempt to confirm the Hit by checking the original warrant or report file to determine if the person is still wanted or property is still missing. 4. If you are unable to confirm the Hit, send a response with an explanation for not being able to confirm. 5. Use the appropriate YR message to respond. (Pre-formatted screen.) CON – Confirmation Status. Enter one of the following codes: Y – Yes, to positively confirm a Hit. N – No, to provide a negative response to the Hit confirmation P – In Process, to indicate that you are in the process of confirming the Hit. E – Extradition, to indicate that the Hit is positive or valid but the agency is awaiting a decision on extradition. DOCUMENTATION OF THE HIT CONFIRMATION PROCESS All Hit confirmation teletypes should be retained, and precise notes should be made on the printout concerning how, when, and to whom the information was given. The printout should be kept in the case file. Documentation of the confirmed Hit is essential and may be critical to the success of defending a later claim of misidentification or false arrest. 541 Page 258 G.P. 7.08 Effective Date: September 8, 2011 Validations The entering agency must validate all hot file records, except for Article File records. Validation takes place 60-90 days from the date of entry and yearly thereafter. Validation requires the entering agency to: 1. Remove all records that are no longer current from the MNJIS/NCIC Hot Files. 2. Compare all records against the current supporting documentation to ensure: a. That the information in each field is accurate. b. That the records contain all available information found in the case files. 3. Remove all records for which corresponding case file documentation cannot be located OR recreate the case file so our agency meets NCIC requirements. 4. Update records as needed when: a. NCIC Code changes occur. b. Agency related information, such as extradition limits or hit confirmation, and/or contact information changes. c. New or additional information becomes available. 5. Contacts: a. Wanted Person - consult the court or prosecutor to verify that the warrant is still active and the extradition limits have not changed for all wanted person records. Operator shall run a new criminal history inquiry (QH – PUR/C) to check for additional available identifiers to add to record. ie; AKA’s, DOB’s etc…. ATN field should contain the name of the person validating the record as well as the reason (VALIDATION). Old CCH record shall be removed from the warrant jacket and shredded and new CCH inquiry shall be placed in the warrant jacket. b. Missing Person - consult the complainant to verify that the person is still missing for all missing person records. c. Orders for Protection – contact the courts to verify that the OFP is still active and all of the information is current and correct. d. Stolen Property - contact the owner or insurance company for stolen property validations to verify that the property is still missing. On stolen vehicles, run a new registration to see if the vehicle has been re-registered to an insurance company or possibly in another person’s name. All entries in any of the Hot Files must be documented for entry. In addition, upon the entry of any Hot File, a second party check must be completed. 542 Page 259 G.P. 7.09 Effective Date: September 8, 2011 Supporting Documentation for Identity Theft Before an entry can be made in the Identity Theft File, an official complaint (electronic or hard copy) must be recorded and on file at our law enforcement agency. Our agency may make an NCIC Identity Theft entry only if we are the agency that takes the identity theft complaint and the following criteria are met: 1. Someone is using a means of identification of the victim. 2. The identity of the victim is being used without the permission of the victim. 3. The victim’s identity is being used or intended to be used to commit an unlawful activity. 4. The victim must sign a consent waiver, which can be found on the CJDN Secure site, prior to the information being entered into the Identity Theft file. 5. Information on deceased persons may be entered into the file if it is deemed by the police officer that the victim’s information has been stolen. No consent form is required with the entry of deceased person information. 6. If the Identity Theft file is going to contain the Social Security Number of the victim, our agency is required to inform the individual of this fact and they must sign the “Notice about Providing Your Social Security Number” form, which can be found on the CJDN Secure site. 543 Page 260 G.P. 7.10 Effective Date: September 8, 2011 Supporting Documentation for Property Hot File Records VEHICLE FILE Before entering a stolen or felony vehicle record into MNJIS/NCIC you should: 1. A theft report describing the stolen item including the serial number (SER) or owner applied number (OAN). 2. Do a registration check with the state that the vehicle is registered with and print out a hard copy of the registration to attach to the record. 3. Enter the record into MNJIS/NCIC using the pre-formatted screen. Make sure to pack the record with as much information about the vehicle as is available. Also verify the NCIC codes as they are not always the same as what you see on the copy of the registration. 4. Query MNJIS/NCIC to verify entry and to obtain a copy of the record to be attached to the record. 5. Follow procedures for the second party check. STOLEN GUNS, ARTICLES, BOATS AND SECURITIES Before entering a stolen record into MNJIS/NCIC you should: 1. A theft report describing the stolen item including the serial number (SER) or owner applied number (OAN). 2. If entering a boat, do a registration check with the state that the boat is registered with and print out a hard copy of the registration to attach to the record. 3. Enter the record in MNJIS/NCIC using the pre-formatted screen. (Boats and securities will only be entered into NCIC.) Make sure to pack the record with as much information about the item as is available. 4. Query MNJIS/NCIC to verify entry and to obtain a copy of the record to be attached to the record. 5. Follow procedures for the second party check. 544 Page 261 G.P. 7.11 Effective Date: November 1, 2014 Comprehensive Incident Based Reporting System PURPOSE: The purpose of the CIBRS policy is to comply with MSS 299C.40 as well as rules and policies prescribed by the Minnesota Department of Public Safety, Bureau of Criminal Apprehensions, regarding the access and the use of the CIBRS database system. DEFINITIONS: Audit: A process conducted by the staff of the Minnesota Department of Public Safety, Bureau of Criminal Apprehension whereby the Agency is assessed on their compliance with the rules specified in the user agreement. CIBRS: The Comprehensive Incident Based Reporting System, a statewide repository of incident based data from Minnesota law enforcement agencies. This electronic data sharing program is designed to provide law enforcement access to data submitted by agencies, on a statewide level. The data is recorded by the local agency within their records management system. The data is owned and maintained by the local agency; however data that is public at the local agency will change to private data in CIBRS. CIBRS Training Certification: Members of the Golden Valley Police Department authorized to access the CIBRS system will meet the training and certification requirements as prescribed in the user agreement and the CIBRS policy of the Minnesota Department of Public Safety. Initial Certification: The BCA training program and successful completion of the examination. Recertification: An examination which must be successfully completed every two years. Confidential Data on Individuals: As defined in MSS 13.62, Subdivision 3, confidential data on individuals means the data which is made not public by statute or federal applicable to the data and is inaccessible to the individual subject of the data. Government Issued Photo ID: This includes a state issued driver’s license or ID card, a certified passport, or military ID card issued by a recognized branch of the United States military. Non-Public Data: As defined in MSS 13.02, Subdivision 9, non-public data means data not on individuals that is made by statute or federal law applicable to the data: (a) not accessible to the public and (b) accessible to the subject, if any, of the data. Private Data on Individuals: As defined in MSS 13.02, Subdivision 12, private data on individuals means data which is made by statute or federal law applicable to the data: (not public; and (b) accessible to the individual subject of the data. 545 Page 262 Protected Non-Public Data: As defined in MSS 13.02, Subdivision 13, protected non-public data means data not on individuals which is made by statute or federal law applicable to the data (a) not public and (b) not accessible to the subject of the data. Responsible Agency: An agency that is responsible for the completeness and accuracy of a data record within the CIBRS system. Submitting Agency: The entity responsible for ensuring the successful submission of a law enforcement agency’s records to the CIBRS database. User Agreement: A document entered into by the Minnesota Department of Public Safety and the Golden Valley Police Department which lists the requirements and responsibilities to be med by both entities. ACCESS TO CIBRS BY DEPARMENT MEMBERS Only Department members who have completed the required training and certification and are current on their certification will be allowed to access the CIBRS system. Certification will be verified by the agency administrator for the CIBRS system. Department members who have met the certification requirements will be allowed to access the CIBRS database solely for the purposes listed below: 1. For the preparation of a case involving a criminal investigation being conducted by this agency. 2. To serve process in a criminal case. 3. To inform law enforcement of possible safety issues before service of process. 4. To enforce no contact orders. 5. To locate missing persons. 6. For the purpose of conducting a pre-employment background check on a candidate for a sworn officer position. ACCESS OF CIBRS DATA BY THE DATA SUBJECT Individuals requesting CIBRS data on themselves must specifically ask for data contained within the CIBRS system. The individual will be given a CIBRS Request by Data Subject” form to complete. Upon completion of the form the subject will be required to produce a government issued photo ID. The name and date of birth on the government issued photo ID must exactly match the name and ate of birth listed on the CIBRS Request by Data Subject form. The exact name and date of birth will be used to query the CIBRS system. A report, which is automatically out putted to a printer, will be generated using the data subject information provided and the report will be given to the data subject. 546 Page 263 *NOTE* No record flagged as confidential within the CIBRS system shall be included in this report. An individual may also request CIBRS data on themselves be forwarded to a third party. The subject will be given a “CIBRS Request by Data Subject for Informed Consent” form to complete. Upon completion of the form the subject will be required to produce a government issued photo ID. The name and date of birth on the government issued photo ID must exactly match the name and date of birth listed on the CIBRS Request by Data Subject Informed Consent Form. The exact name and date of birth will be used to query the CIBRS system. A report which is automatically outputted to a printer will be generated using the data subject information provided and given to the data subject who must then review and acknowledge the data contained within the report. To verify this, the data subject will be required to initial the CIBRS report. If after reviewing the report, the data subject still chooses to have the report forwarded to the third party, the Golden Valley Police Department will assume responsibility for mailing the report to the address provided on the CIBRS Request by Data Subject Informed Consent Form. A parent or legal guardian may also request data from the CIBRS database on their juvenile child. The steps to ensure the identity of the requesting party listed above will be followed; additionally some type of proof of parenthood should also be obtained (i.e. same address as parent on D.L. or ID, school issued ID, school records, court records, etc.) CLASSIFICATION OF CIBRS DATA No data contained within the CIBRS system is classified as public data, classification within the CIBRS system is as follows: 1. Confidential/Protected Non-Public: this applies to data which relates to an active case. This data is non-public and is not accessible to the subject of the data. 2. Private/Non-Public: This applies to data which relates to an inactive case or one which has not been updated in the CIBRS application for 120 days. This data is not accessible to the public, but is accessible to the data subject. Only data which is Private/Non-Public will be released to the subject of the data or a third party at the request of the data subject. Data classified as Confidential/Protected Non-Public is related to an active case and will not be released to the subject of the data or a third party at their request. Requests for CIBRS data will be handled by the Chief of Police, CIBRS agency administrator, or the Support Services Supervisor. CIBRS DATA NO LONGER NEEDED Data which is no longer required for its intended purpose will be destroyed. DATA VERIFICATION Data obtained from the CIBRS database for the purposes of a cr iminal investigation and/or a pre- employment background check will be verified by contacting the responsible agency. 547 Page 264 CIBRS DATA CHALLENGE Upon the Golden Valley Police Department’s participation in the CIBRS program as a submitting agency, an individual may file a data challenge questioning the accuracy and/or completeness of the data. If a data challenge is received the following requirements must be med and action: 1. The request must be made in writing by the subject of the data and their identity must be verified through a government issued photo ID. The request must describe the nature of the inaccuracies. 2. The challenge will be forwarded to the agency responsible authority (the Chief of Police or his/her designee.). The responsible authority will then ensure that the record(s) in questions is flagged within the CIBRS database as initiated. 3. Within 30 days the record challenge will be addressed and a determination will be made by the Chief of Police. a. Sustained challenges will be corrected or deleted upon determination. A letter will be sent to the data subject informing them of the results of their challenge to the data. The Golden Valley Police Department Responsible Authority will then update the CIBRS database marking the record in question as having a sustained that challenge. CIBRS will then automatically notify the responsible authorities of all agencies that have viewed the record in question within the last year. b. If a challenge is not sustained and the data will not be altered, a letter will be sent to the data subject informing them of the results of their challenge. They will be informed that any appeal to this decision must be made to the Minnesota Department of Administration in St. Paul. The responsible authority will then see that the flag previously placed on data is changed to declined. If a data challenge correction is received from another agency in regard to information this agency has obtained from the CIBRS database, the correction will be forwarded to the employee who originally obtained the data. The employee will then destroy the original data or replace it with the updated data. MISUSE OF THE CIBRS SYSTEM Misuse of the CIBRS System is defined as: 1. Deliberate or intentional access for purposes not authorized by MSS 299C.40. 2. Repeated misuse whether intentional or unintentional. 3. Intentional dissemination or failure to disseminate CIBRS data in accordance with the statute. An employee of this department determined to have misused the CIBRS system will have their privilege to access the CIBRS system immediately revoked. The period of revocation will be determined by the Chief of Police. The employee may also be subject to additional discipline per 548 Page 265 department policy 456.78. The type of discipline and course of action will be determined by the Chief of Police. Misuse of the CIBRS system may also carry sanctions for the employee or agency from the BCA. These sanctions will be honored and full cooperation will be given to the BCA audit staff. The BCA will conduct audits of the agency to ensure proper use of the CIBRS system. The Golden Valley Police Department will cooperate with the audit staff and provide the requested documents and verification. 549 Page 266 Department Standards 550 Page 267 G.P. 8.01 Effective Date: July 1, 1996 Revised: March 1, 2000 October 2008 September 2012 June 16, 2016 January 1, 2019 Code of Conduct PURPOSE: All employees of the Golden Valley Police Department shall conduct themselves, whether on or off-duty, in accordance with all Department policies, City policies, City ordinances, and the laws of the State of Minnesota and the United States. POLICY: It is the policy of the Golden Valley Police Department to investigate circumstances that suggest an employee has engaged in unbecoming conduct, and impose disciplinary action when appropriate. PROFESSIONAL CONDUCT OF PEACE OFFICERS IN ACCORDANCE WITH MN STAT 626.8457 PROCEDURE: This policy applies to all employees of this agency engaged in official duties whether within or outside of the territorial jurisdiction of this agency. Unless otherwise noted this policy also applies to off duty conduct. Conduct not mentioned under a specific rule but that violates a general principle is prohibited. A. PRINCIPLE ONE Peace officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. 1. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. 2. Rules a) Peace officers shall not knowingly exceed their authority in the enforcement of the law. b) Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of 551 Page 268 informants, and preservation of evidence, except where permitted in the performance of duty under proper authority. c) Peace officers shall not knowingly restrict the freedom of individuals, whether by arrest or detention, in violation of the Constitutions and laws of the United States and the State of Minnesota. d) Peace officers, whether on or off duty, shall not knowingly commit any criminal offense under any laws of the United States or any state or local jurisdiction. e) Peace officers will not, according to MN STAT 626.863, knowingly allow a person who is not a peace officer to make a representation of being a peace officer or perform any act, duty or responsibility reserved by law for a peace officer. B. PRINCIPLE TWO Peace officers shall refrain from any conduct in an official capacity that detracts from the public’s faith in the integrity of the criminal justice system. 1. Rationale: Community cooperation with the police is a product of its trust that officers will act honestly and with impartiality. The peace officer, as the public’s initial contact with the criminal justice system, must act in a manner that instills such trust. 2. Rules a) Peace officers shall carry out their duties with integrity, fairness and impartiality. b) Peace officers shall not knowingly make false accusations of any criminal, ordinance, traffic or other law violation. This provision shall not prohibit the use of deception during criminal investigations or interrogations as permitted under law. c) Peace officers shall truthfully, completely, and impartially report, testify and present evidence, including exculpatory evidence, in all matters of an official nature. d) Peace officers shall take no action knowing it will violate the constitutional rights of any person. e) Peace officers must obey lawful orders but a peace officer must refuse to obey any order the officer knows would require the officer to commit an illegal act. If in doubt as to the clarity of an order the officer shall, if feasible, request the issuing officer to clarify the order. An officer refusing to obey an order shall be required to justify his or her actions. f) Peace officers learning of conduct or observing conduct that is in violation of any State or Federal law or City or agency policy, including unnecessary or excessive use of force, shall intervene and take appropriate action, and report the incident to the officer’s immediate supervisor, who shall forward the information to the CLEO. If the officer’s immediate supervisor commits the misconduct the officer shall report the incident to the immediate supervisor’s supervisor. C. PRINCIPLE THREE Peace officers shall perform their duties and apply the law impartially and without prejudice or discrimination. 552 Page 269 1. Rationale: Law enforcement effectiveness requires public trust and confidence. Diverse communities must have faith in the fairness and impartiality of their police. Peace officers must refrain from fostering disharmony in their communities based upon diversity and perform their duties without regard to race, color, creed, religion, national origin, gender, marital status, or status with regard to public assistance, disability, sexual orientation or age. 2. Rules a) Peace officers shall provide every person in our society with professional, effective and efficient law enforcement services. b) Peace officers shall not allow their law enforcement decisions to be influenced by race, color, creed, religion, national origin, gender, marital status, or status with regard to public assistance, disability, sexual orientation or age. D. PRINCIPLE FOUR Peace officers shall not, whether on or off duty, exhibit any conduct which discredits themselves or their agency or otherwise impairs their ability or that of other officers or the agency to provide law enforcement services to the community. 1. Rationale: A peace officer’s ability to perform his or her duties is dependent upon the respect and confidence communities have for the officer and law enforcement officers in general. Peace officers must conduct themselves in a manner consistent with the integrity and trustworthiness expected of them by the public. 2. Rules a) Peace officers shall not consume alcoholic beverages or chemical substances while on duty except as permitted in the performance of official duties, and under no circumstances while in uniform, except as provided for in c). b) Peace officers shall not consume alcoholic beverages to the extent the officer would be rendered unfit for the officer’s next scheduled shift. A peace officer shall not report for work with the odor of an alcoholic beverage on the officer’s breath. c) Peace officers shall not use narcotics, hallucinogens, or other controlled substances except when legally prescribed. When medications are prescribed, the officer shall inquire of the prescribing physician whether the medication will impair the officer in the performance of the officer’s duties. The officer shall immediately notify the officer’s supervisor if a prescribed medication is likely to impair the officer’s performance during the officer’s next scheduled shift. d) Peace officers, whether on or off duty, shall not engage in any conduct which the officer knows, or should reasonably know, constitutes sexual harassment as defined under Minnesota law, including but not limited to; making unwelcome sexual advances, requesting sexual favors, engaging in sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature. e) Peace officers shall not commit any acts which constitute sexual assault or indecent exposure as defined under Minnesota law. Sexual assault does not include a frisk or other search done in accordance with proper police procedures. f) Peace officers shall not commit any acts which, as defined under Minnesota law, constitute (1) domestic abuse, or (2) the violation of a court order restraining th e 553 Page 270 officer from committing an act of domestic abuse or harassment, having contact with the petitioner, or excluding the peace officer from the petitioner’s home or workplace. g) Peace officers, in the course of performing their duties, shall not engage in any sexual contact or conduct constituting lewd behavior including but not limited to, showering or receiving a massage in the nude, exposing themselves, or making physical contact with the nude or partially nude body of any person, except as pursuant to a written policy of the agency. h) Peace officers shall avoid regular personal associations with persons who are known to engage in criminal activity where such associations will undermine the public trust and confidence in the officer or agency. This rule does not prohibit those associations that are necessary to the performance of official duties or where such associations are unavoidable because of the officer’s personal or family relationships. E. PRINCIPLE FIVE Peace officers shall treat all members of the public courteously and with respect. 1. Rationale: Peace officers are the most visible form of local government. Therefore, peace officers must make a positive impression when interacting with the public and each other. 2. Rules a) Peace officers shall exercise reasonable courtesy in their dealings with the public, other officers, superiors and subordinates. b) No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence. c) Peace officers shall promptly advise any inquiring citizen of the agency’s complaint procedure and shall follow the established agency policy for processing complaints. F. PRINCIPLE SIX Peace officers shall not compromise their integrity nor that of their agency or profession by accepting, giving or soliciting any gratuity which could be reasonably interpreted as capable of influencing their official acts or judgments or by using their status as a peace officer for personal, commercial or political gain. 1. Rationale: For a community to have faith in its peace officers, officers must avoid conduct that does or could cast doubt upon the impartiality of the individual officer or the agency. 2. Rules a) Peace officers shall not use their official position, identification cards or badges for: (1) personal or financial gain for themselves or another person; (2) obtaining privileges not otherwise available to them except in the performance of duty; and (3) avoiding consequences of unlawful or prohibited actions. 554 Page 271 b) Peace officers shall not lend to another person their identification cards or badges or permit these items to be photographed or reproduced without approval of the chief law enforcement officer. c) Peace officers shall refuse favors or gratuities which could reasonably be interpreted as capable of influencing official acts or judgments. d) Unless required for the performance of official duties, peace officers shall not, while on duty, be present at establishments that have the primary purpose of providing sexually oriented adult entertainment. This rule does not prohibit officers from conducting walk-throughs of such establishments as part of their regularly assigned duties. e) Peace officers shall: ▪ not authorize the use of their names, photographs or titles in a manner that identifies the officer as an employee of this agency in connection with advertisements for any product, commodity or commercial enterprise; ▪ maintain a neutral position with regard to the merits of any labor dispute, political protest, or other public demonstration while acting in an official capacity; ▪ not make endorsements of political candidates while on duty or while wearing the agency’s official uniform. This section does not prohibit officers from expressing their views on existing, proposed or pending criminal justice legislation in their official capacity. G. PRINCIPLE SEVEN Peace officers shall not compromise their integrity, nor that of their agency or profession, by taking or attempting to influence actions when a conflict of interest exists. 1. Rationale: For the public to maintain its faith in the integrity and impartiality of peace officers and their agencies officers must avoid taking or influencing official actions where those actions would or could conflict with the officer’s appropriate responsibilities. 2. Rules a) Unless required by law or policy a peace officer shall refrain from becoming involved in official matters or influencing actions of other peace officers in official matters impacting the officer’s immediate family, relatives, or persons with whom the officer has or has had a significant personal relationship. b) Unless required by law or policy a peace officer shall refrain from acting or influencing official actions of other peace officers in official matters impacting persons with whom the officer has or has had a business or employment relationship. c) A peace officer shall not use the authority of their position as a peace officer or information available to them due to their status as a peace officer for any purpose of personal gain including but not limited to initiating or furthering personal and/or intimate interactions of any kind with persons with whom the officer has had contact while on duty. 555 Page 272 d) A peace officer shall not engage in any off-duty employment if the position compromises or would reasonably tend to compromise the officer’s ability to impartially perform the officer’s official duties. H. PRINCIPLE EIGHT Peace officers shall observe the confidentiality of information available to them due to their status as peace officers. 1. Rationale: Peace officers are entrusted with vast amounts of private and personal information or access thereto. Peace officers must maintain the confidentiality of such information to protect the privacy of the subjects of that information and to maintain public faith in the officer’s and agency’s commitment to preserving such confidences. 2. Rules a) Peace officers shall not knowingly violate any legal restriction for the release or dissemination of information. b) Peace officers shall not, except in the course of official duties or as required by law, publicly disclose information likely to endanger or embarrass victims, witnesses or complainants. c) Peace officers shall not divulge the identity of persons giving confidential information except as required by law or agency policy. APPLICATION: Any disciplinary actions arising from violations of this policy shall be investigated in accordance with MN STAT 626.89, Peace Officer Discipline Procedures Act and the law enforcement agency’s policy on Allegations of Misconduct as required by MN RULES 6700.2000 to 6700.2600. ADDITIONAL CODE OF CONDUCT RULES A. All officers are required to take appropriate police action toward aiding a fellow officer exposed to danger or in a situation where danger may be impending. B. On-duty officers shall, at all times, take appropriate action within their jurisdiction, to protect life and property, preserve the peace, prevent crime, detect and arrest violators of the law, and enforce all federal, state and local laws and ordinances. C. Employees shall not interfere with any criminal investigation being conducted by the Golden Valley Police Department or any other law enforcement agency. Employees shall not knowingly communicate in any manner, either directly or indirectly, any information that may assist persons suspected or accused of criminal acts to escape arrest or punishment or which may enable them to dispose of evidence. D. Employees shall not us their position of authority to attempt to or have any traffic citation reduced, voided or stricken from the calendar for personal or monetary consideration. 556 Page 273 E. Employees shall immediately report any violation of City policies, agency policies, rules, regulations, or laws that come to their attention to their supervisor. If the violation involves the employee’s supervisor, the employee shall report the violation to their supervisor’s supervisor. F. Any employee charged, arrested or cited for a DWI or non-traffic violation, or notified they are being investigated for a criminal offense, shall immediately notify their supervisor, who will notify a Commander or the Police Chief. Notification is considered communication via telephone (not voicemail), a written statement, or in- person. Employees will also notify their supervisor of the case disposition when it has concluded. G. Any employee who is notified that an Order for Protection, Restraining Order or a Harassment Order has been filed against him or her, shall immediately notify their supervisor, and notification information shall include the date scheduled for hearing the allegations made in support of the request for the order. H. Sworn employees and Community Service Officers shall maintain a valid driver’s license that is accepted by the State of Minnesota at all times as a condition of employment. Sworn employees and Community Service Officers must immediately report loss or limitation of driving privileges to their supervisor. I. Employees shall give their name and/or badge number to any person upon request except when with withholding of such information is necessary for the performance of police duties or is authorized by law or proper authority. J. Employees shall treat all fellow employees with respect. They shall be courteous and civil at all times with one another. K. Employees shall not publicly criticize or ridicule the Police Department, its policies or other employees as to the performance of their duties in a manner which is defamatory, unlawful, or in any other manner which impairs the effective operation of the Department or in a manner which displays a reckless or knowing disregard for the truth. This regulation shall not be construed so as to impair the exercise of free speech by employees on matters of public concern. L. Peace officers shall avoid regular personal associations with persons who are known to engage in criminal activity where such associations will undermine the public trust and confidence in the officer or the Police Department. This rule does not prohibit those associations that are necessary to the performance of official duties or where such associations are unavoidable because of the officer’s family relationships. M. Off-duty employees shall not carry any firearm or ammunition while using or under the influence of alcohol. When carrying a firearm off-duty, an officer shall keep the firearm concealed from public view and shall have a badge or identification card in possession. While driving a marked police vehicle regardless of purpose, officers shall be armed. 557 Page 274 ADDITIONAL ON-DUTY CODE OF CONDUCT RULES A. Officers shall respond without delay to calls for police service unless otherwise directed by proper authority. Priority one (1) calls for service shall take precedence. However, all dispatched calls shall be answered as soon as possible consistent with departmental procedures. If officers need to temporarily go out-of-service on a detail or are otherwise unavailable for calls, they shall notify their immediate supervisor and request permission for such details. B. Officers shall provide emergency medical care when necessary. The care provided shall be consistent with their EMS training and available medical equipment on which officers have received operational training. C. Employees shall remain alert, observant, and occupied with police business during their tour of duty. D. Officers shall have prior approval of a supervisor before initiating undercover investigations while on duty. E. Employees shall promptly advise any inquiring individual of the department’s complaint procedure and shall follow the established procedure for processing complaints. F. Employees shall not violate any lawful or official regulation or order or fail to obey any lawful direction given by a supervisor where such violation or failure to obey amounts to an act of insubordination. G. Unacceptable performance: Employees shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. Employees shall perform their duties in a manner which will tend to establish and maintain the highest standards of efficiency in carrying out the functions and objectives of the Department. Unacceptable performance may be demonstrated by an employee’s lack of knowledge regarding laws or their application; an unwillingness or inability to perform assigned tasks; the failure to conform to work standards established for the employee’s rank 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 the unnecessary absence from an assigned responsibility during a tour of duty. In addition to other indications of unacceptable performance, the following will be considered evidence of such performance: repeated poor evaluations or a written record of repeated infractions of the rules, regulations, manuals or directives. 558 Page 275 G.P. 8.02 Effective Date: January 1, 1987 Revised: March 1, 2000 Off Duty Employment PURPOSE: The intent of this policy is to establish procedures and guidelines that regulate the off duty employment of department personnel by outside employers. Of f duty employment is defined as work done by police department employees for others for money. This policy shall ensure that:  The safety of employees is not jeopardized.  The department’s personnel needs are paramount, and that the department’s ability to provide adequate staffing is not jeopardized.  Off duty employment of employees does not interfere with the orderly operation of the department.  Off duty employment is compatible with professional law enforcement practices. The department will, as necessary, publish regulations for outside employment consistent with these guidelines. G.P 8.01 reads as follows: No employee of the police department will accept any outside employment without first having it approved by the chief of police. After approval, a notice shall be given to the employee’s supervisor, noting the type of employment, place, work hours, total hours to be worked, whether the job requires that a uniform be worn, and any other information that is pertinent. All changes in outside employment will be handled in the same manner as new outside employment. Outside employment must be compatible with police work; the determination of such compatibility will be made by the chief of police PROCEDURE:  Employees intending to work off duty not in the capacity of a police officer, in a non- law enforcement or non-security capacity will do as follows: 1. Complete a Request for Outside Employment form. 2. Submit the form, through your immediate supervisor, to the chief's office for review. 3. Upon approval, a copy of the approved Request for Outside Employment will be placed in the employee’s personnel file and a copy will be forwarded to the employee’s supervisor. Employees will not begin any off duty employment without permission. 559 Page 276 GENERAL REGULATIONS Total Hours Per Week: Total hours of outside employment for any sworn police department employee shall not exceed twenty-five (25) hours per week (Monday through Sunday). The 25 hour per week limitation shall not apply to employees who are not working on-duty at any time during the week because of vacation or accrued. Total Hours Per Day: Total hours worked per day (including both regular duty and outside employment) shall not exceed 14 hours per day, beginning at the start time of the employee’s regular duty shift or midnight on an employee’s day off. An employee may work up to 14 hours consecutively with any outside employment occurring after the employee’s duty shift on their last duty shift. Last duty shift is defined as the last day worked prior to period of time off of at least 24 hours before the employee’s next duty shift. After working 14 hours, an employee must have a minimum rest period of 6 hours before working any additional outside employment. Uniform Requirements: Employees working outside employment where the job is a uniformed position will wear their complete duty uniform and equipment as they would while working their normal duty shift. Employees working plain-clothes outside law enforcement or security employment are required to wear, as a minimum, their duty firearm, one extra magazine of ammunition, handcuffs, portable radio, and a department approved tool to deliver an intermedi ate level of force (OC, Asp, Taser). Use of City Vehicles: Employees are not to use city vehicles for outside employment, either as a means of transportation to the outside employment, or for use on the job, unless such use has prior approval, and is in the best interest of the City. Notification When Working Outside Employment: All employees working outside employment within the City of Golden Valley will notify the dispatch center at the beginning and end of their shift. Time Off to Work Outside Employment: Officers desiring to work outside employment during their duty shift shall take time off of their duty shift in an amount not less than the number of hours worked at the outside job. Minimum Shift Coverage: Patrol shift strength cannot fall below a minimum of 3 officers to allow an on-duty officer to take off to work outside employment. If a call for service is received at a time when no other officers are available to respond other than an officer working outside employment, the officer working off-duty must clear to respond to the call. 560 Page 277 G.P.8.03 Effective Date: November 1, 1988 Revised: November 2009 Field Training Program PURPOSE: The purpose of this policy is to establish Departmental procedures governing the Field Training Program. The policy establishes the duties of the Field Training Sergeant and the Field Training Officer, the procedure for selection, training, and certification of Field Training Officers, the procedure for the distribution and use of the Field Training Manual, and the procedures for the assignment of probationary officers during their assignment to the Field Training Program. PROCEDURE: I. FIELD TRAINING SERGEANT A. Organization 1. The Field Training Sergeant shall be designated by the Chief of Police. 2. The Field Training Sergeant shall be responsible for the Field Training Program under the direction of the Police Patrol Commander. B. Duties and Responsibilities 1. The Field Training Sergeant shall be responsible for the general control and evaluatio n of the Field Training Program. S/he shall assume the supervisory monitoring of all new officers assigned to the Field Training Program. (a) He/she shall review carefully each probationary officer's progress during field training. (b) He/she shall monitor and evaluate the overall development of probationary officers during their field training period for purposes of ascertaining any deficiencies and resolving them through training and retraining. (c) He/she shall be responsible for planning, directing, controlling, and evaluating a sixteen week field training assignment, including the designation of original assignments, any changes in such assignments or variations in the length of the assignments. The sixteen week field training assignment applies to pr obationary officers just employed. Probationary officers recycled through the program will be assigned at the discretion of the Chief of Police. (d) He/she shall periodically provide information relating to a probationary officer's progress to the officer's shift supervisor as needed and to the Patrol Commander. (e) He/she shall conduct a comprehensive evaluation of each new officer assigned to field training, upon its completion or when appropriate to do so, preparing a statement of the officer's development to date, with a recommendation to transfer 561 Page 278 the officer to a one-officer unit in the patrol division, recycle, or dismiss the officer. 2. The Field Training Sergeant shall have the responsibility for planning the training activities of the Field Training Officers. (a) He/she shall make recommendations for the selection, training, and certification of Field Training Officers. (b) He/she shall maintain the Field Training Officer roster and monitor the placement of trainees with Field Training Officers. (c) He/she shall evaluate the Field Training Officers' performance, ensuring that it is satisfactory. (d) He/she shall be responsible for the preparation, revision, and distribution of the Field Training Manual. (e) He/she shall periodically consult with Field Training Officers to maintain standards, solicit suggestions, and discuss new approaches to dealing with problems. II. FIELD TRAINING OFFICER A. The Field Training Officers shall be responsible for the training and evaluation of the probationary officers assigned to them. B. A Field Training Officer shall possess the following qualifications: A.. Be a police officer with considerable police experience. Emphasis shall be placed upon selecting officers with more than two years experience although less is acceptable. B. Possess the technical knowledge necessary for the successful performance of the police officer's job. He/she shall be particularly adept at preliminary investigation and report writing, and be able to perform all of his/her policing responsibilities in a proficient manner. C. Be skilled in inter-personal relations. He/she must have the ability to work with people under a wide variety of circumstances and be able to recognize, and handle successfully potentially violent situations. D. Possess the verbal and teaching skills required of a Field Training Officer. He/she must have the ability to perform in a coach-pupil environment and have the ability to evaluate officers objectively. C. Selection of Field Training Officers 1. Field Training Officers will be selected from patrol officer personnel. 2. The selection process shall be initiated by the Field Training Sergeant as the need for Field Training Officers is determined. 3. Field Training Officers will be selected through a meeting of command and supervisory officers. D. Field training officer shall maintain their status only as long as they perform their responsibilities satisfactorily. The Field Training Sergeant shall make recommendations as to 562 Page 279 the discontinuance of an officer's participation in the Field Training Program if such action is deemed appropriate. III. FIELD TRAINING MANUAL A. The Field Training Sergeant shall be responsible for the preparation, revision, and evaluation of the Field Training Manual. B. The Field Training Manual shall be utilized by the Field Training Officers in the training and evaluation of all probationary officers placed in field training assignments. 1. The Field Training Officer will receive a Field Training Manual for each probationary officer assigned to him/her. This will be forwarded to him by the Field Training Sergeant. 2. The Field Training Officer shall forward a Daily Observation Report form to the Field Training Sergeant for each tour of duty with the probationary officer. Thirty minutes after the end of each shift will be delegated to completing the form and the Field Training Officer shall review the report with the probationary officer the next day and have the probationary officer sign it prior to submitting the report to the Field Training Sergeant. 3. The Field Training Sergeant shall have bi-weekly meetings with the Field Training Officers to discuss the training and development of new officers. The Field Training Sergeant shall prepare a Bi-weekly Observation Report on the probationary officer and shall review it with him/her. 4. The Field Training Officer shall retain the Field Training Manual on the probationary officer during the period of time that he/she is assigned to work with the officer. He/she shall use the manual to record the progress of the probationary officer. He/she shall complete the manual in conformance with the directions therein. 5. At the conclusion of the field training for a probationary officer, the Field Training Officer shall deliver the Field Training Manual to the Field Training Sergeant for review, evaluation and retention. IV. ASSIGNMENT OF PROBATIONARY OFFICERS A. Assignments Prior to Field Training 1. Officers appointed to the Department shall receive an orientation, to include completion of administrative details, use of force and firearms training. 2 During the orientation period, new officers shall not be permitted to work alone, rather, they shall be assigned to work under the supervision of a senior member of the Department. B. Assignment to the Field Training Program 1. New officers who have completed an orientation period shall be transferred to the Field Training Program in the Patrol Division. 2. In the Field Training Program probationary officers shall be assigned to work under the training and supervision of a Field Training Officer. 563 Page 280 A. The field training assignments and schedules for probationary officers shall be made by the Field Training Sergeant. B. Probationary officers generally will remain with one Field Training Officer for a 28 day cycle (one month) and then transfer to another Field Training Officer. C. The length of the Field Training Program assignment shall be sixteen weeks and will be varied only when a probationary officer needs retraining or when he exhibits exceptional progress. (1) The Field Training Sergeant may continue the field training assignment beyond the sixteen weeks should the need for further training be apparent. The Field Training Sergeant shall notify the Patrol Commander in writing that further training is recommended and state the reason(s) therein. (2) During field training a Field Training Officer may initiate a request for termination of field training for an exceptionally capable probationary officer. After discussion with the Field Training Officers, the Field Training Sergeant may make recommendations to terminate field training to the Police Patrol Commander. C. Completion of Field Training 1. Upon completion of the Field Training Manual at the end of sixteen weeks training, the Field Training Officer may recommend to the Field Training Sergeant, that the probationary officer be transferred from the Field Training Program. 2. The Field Training Sergeant will notify the Patrol Commander when a probationary officer has successfully completed field training and recommend the officer's assignment to the Patrol Division. 564 Page 281 G.P.8.04 Effective Date: January 30, 2006 Revised: November 2014 Officer Performance Evaluation System PURPOSE To set forth a standard procedure for providing officers with an assessment of individual job performance. Through this evaluation procedure supervisors provide a formal written record of communication between themselves and officers and make a continuing record of officer performance. In this performance evaluation, supervisors are to recognize superior job performance, identify training needs, and identify job task areas in which improvement is needed. BACKGROUND The Golden Valley Police Department exists for the purpose of providing the full array of policing services required by the community as set forth in the mission statement. In order to fulfill the mission, organizational goals and individual policing tasks supporting those goals must be accomplished to police effectively. A strong community oriented policing strategy requires frequent officer contacts with citizens as well as employment of traditional policing strategies geared toward deterring, identifying, and detaining offenders. Police officers may work as organizers, facilitators, and service providers in order to aid citizen groups in the solving of the problems that concern them. This policing strategy is designed to foster an interactive partnership between police officers and the community. The police officer evaluation system must reflect how each officer has contributed to the fulfillment of these departmental obligations. Officer's work time includes both directed activities and self-initiated activities. An officer's overall contribution to the department also includes his/her participation in extra duties that often are conducted outside of normal work hours. Although they may be compensated for the extra duty time, in most cases the officer has volunteered for the task. Officers should know that their overall contribution to the department operational goals has a direct relationship to future assignments and promotions on the department through supervisor evaluations, and input. 565 Page 282 EVALUATION FORMAT Officers will be evaluated in each of six traits listed on the Police Officer Appraisal form. These areas involve qualitative and quantitative evaluation of the officer's performance. The form has five performance level definitions: Outstanding, Exceeds Expectations, Meets Expectations, Below Expectations and Unsatisfactory. Supervisors will rank the area and will write brief comments and/or provide anecdotal information to document the ratings given. When completing the evaluation forms, supervisors should use the definitions and behavioral guidelines for each trait area. PROCEDURES 1. Officers will be rated by their immediate supervisor. Supervisors will make use of officer activity reports, observed performance on the street, and the officer's written reports for information in completing the evaluation. The first line supervisors will maintain working performance evaluation files on each officer during the year. In this file the supervisors will maintain performance notes or memos from each shift quarter, thank you letters from citizens, officer awards, exceptional police reports documenting activity, and other information necessary to complete a formal written evaluation. 2. Formal written evaluations and interviews will be completed semi-annually. The scheduling sergeant in consultation with the commander will determine which officers each supervisor will be assigned to evaluate performance for during the year. At the end of the year supervisors will meet as a group and confer on officer evaluations, with the assigned supervisor writing the evaluation and presenting it to the officer in an interview. The evaluation will be reviewed by the Patrol Commander. 3. Supervisors will complete relevant evaluation notes during the quarter on each officer on their shift. The notes should be completed before the shift change at the end of the quarter. These notes or memos should be made available to the individual officer for their review. 4. During shift periods, supervisors should have informal meetings with each officer to provide verbal feedback on performance. Supervisors must maintain written documentation of officer performance to justify ratings. 5. Probationary officers who have completed the Field Training Program will have th eir performance evaluated under this policy with the addition of a written performance evaluation prior to the completion of their probationary period. 566 Page 283 6. If an officer receives an “unsatisfactory” rating in any trait area, the officer will be required to meet with his/her supervisor and establish a work plan or set goals to improve performance to the “meets expectations” performance level. The officer will be reevaluated in three months on the improvement progress to the satisfactory rating level. If the rating continues at the needs improvement level then the rating may be changed to “unsatisfactory “ and may be considered a violation of the Manual of Conduct which could result in disciplinary measures. 7. Evaluations will be maintained in an evaluation file and the last three years evaluations may affect assignment and promotion decisions involving the rated officer. 8. Appeal Procedure: After the evaluation interview, an officer has two weeks during which he/she may attach a written reply to the evaluation and may also appeal the evaluation to the Patrol Commander. The officer should demonstrate by documentation and/or verbally why the officer's performance should be rated at a different level. No appeals will be accepted involving a rating difference between satisfactory and outstanding. 9. Supervisor Training: Supervisors will receive training in the evaluation system procedures, standards, and rating dimensions. 567 Page 284 Attachment #1 OPERATIONAL GOALS To fulfill the mission of the department, the police department will: I. Promote a high level of interaction between officers and the residents/constituents that comprise the community, and work with citizens to reduce vulnerability to crime. The necessary tasks to achieve this objective are: a) Attend watch group meetings b) Speak at watch group meetings c) Conduct other public relations activities d) Work with citizen volunteer groups e) Take ride-alongs f) Conduct home/business security checks II. Promote education, training, skill development and physical fitness of all police officers to ensure the highest standards of professionalism in the police department. This can be done by: a) Planning and conducting department training b) Voluntary Fitness test qualification c) Continuing formal education III. Vigorously promote traffic safety through enforcement of traffic law and investigation of traffic accidents. To facilitate the movement of traffic through the city and promote public education in the area of traffic law and driver, bicycle, and pedestrian safety, officers may engage in the following activities:. a) Gross misdemeanor traffic arrests b) Misdemeanor traffic arrests c) Moving violations d) Non moving violations e) Aids to motorists f) Administer chemical tests g) Investigate/write accidents h) Direct traffic i) Conduct traffic safety education IV. Promote a high quality of life in the community by enforcement of local ordinances and/or work with violators and other effected parties to abate nuisances or neighborhood problems such as:. a) Junk cars b) Noise ordinance c) Zoning violations d) Conduct mediation activities e) Animal control/nuisance abatement V. Provide direct police liaison and educational services to institutions or enterprises where hi gh demand for demand police service exists. a) Meet with owner/manager/administrator to advise on policing issues b) Set up varda alarm c) Conduct employee training d) Conduct checks of licensed enterprises (bars, taxi, motels, etc.) e) Conduct police-school liaison activities 568 Page 285 VI. Conduct vigorous investigations of all reported crime and suspicious activity with priority given to those incidents of crimes against persons, drug and narcotics offenses and serious property crimes. a) Develop informants b) Write intelligence reports c) Felony arrest d) Gross misdemeanor arrest e) Misdemeanor arrest f) Conduct follow-up investigations when possible/productive g) Assist in citizen arrests h) Conduct predatory offender checks. VII. Respond to all incidents where personal or public safety is threatened and provide the full array of emergency services needed to restore public peace, order and safety. a) Document by report b) Other assigned tasks 569 Page 286 G.P.8.05 Effective Date: August 13, 1997 Revised August 1, 2005 February 5, 2016 January 4, 2017 November 15, 2021 Department Awards The purpose of this policy is to establish procedures for recommendation, selection, and levels of awards. The Golden Valley Police Department expects a high level of professional performance from all employees. Often, members of the department perform their duties in a manner exceeding the highest standards of the department. The department, through this policy, will take official notice of such performance when it deserves commendation or recognition, in order to demonstrate the department's sincere appreciation for acts of courage and outstanding service by members of the department. The names of all officers receiving an award (Department Commendation or above) will be added to the department awards plaque, noting the medal awarded and year received. Medal of Honor The Medal of Honor may be awarded to any member of the department for the act of exceptional bravery or heroism. Demonstrated unselfishness, courage, and the immediate high risk of death or serious physical injury would characterize such an act. The award may also be given posthumously to a member who has died while in the line of duty. The Medal of Honor recipient shall receive a commemorative medal with blue ribbon, framed certificate of recognition, and a red/yellow uniform bar. Medal of Valor The Medal of Valor may be awarded to any member of the department for an extraordinary act of bravery that demonstrates obvious self-sacrifice in the face of death or serious physical injury. The Medal of Valor recipient shall receive a commemorative medal with blue ribbon, framed certificate of recognition, and a blue/white uniform bar. Certificate of Merit The Certificate of Merit may be awarded to a member of the department who distinguishes himself/herself by performing an act of excellent or outstanding self -initiated police work; acts that are highly unusual and creditable; and for continuing, long-term dedication and devotion to the department or community (as a representative of the department). The Certificate of Merit recipient shall receive a framed certificate of recognition and a blue/red/white uniform bar. 570 Page 287 Life Saving Award The Life Saving Award may be awarded to a member of the department when an employee’s promptness and alert actions result in saving a life. The award may also be given where evidence indicates that actions by the employee(s) prolonged a human life. The Life Saving Award recipient shall receive a certificate of recognition and a red/blue/white uniform bar. Departmental Commendation The Departmental Commendation Award may be awarded to a member of the department for an outstanding police act or single incident, or significant accomplishment or achievement which brings credit to the department and which involved performance above and beyond the performance normally expected and required of the member’s assignment. It may also be awarded to a member of the department for consistent, ongoing superior performance during the calendar year. The Departmental Commendation recipient shall receive a framed certificate of recognition and a red/blue uniform bar. Unit Citation Award The Unit Citation Award may be awarded to a shift or unit for exceptional performance of their duty/service and which reflects good credit upon the department and law enforcement profession as a whole. The Unit Citation Award recipient shall receive a certificate of recognitions and a red/blue uniform bar. Certificate of Excellence This award is for distinction in job performance for Police Department employees. It is to be awarded to employees for any act of outstanding performance of duties for a specific incident or superior performance for any assignment over a prolonged period of time. Letter of Recognition The letter of Recognition may be awarded to a member of the department by a supervisor for performance that is recognizable because of his/her professionalism, attention to detail, or a specific effort to accomplish it. The Letter of Recognition does not go through the approval process. It will, however, be forwarded to the Committee and does not take the place of any other awards/recognition that may be initiated. Citizens Award/Outside Agency Award A Citizens Award/Outside Agency Award may be recommended for any private citizen or officer from another agency in recognition of actions or achievements that have directly benefited the Police Department, any of its members, or other citizens in a substantial or significant manner. 571 Page 288 Awards/Recognition Recommendation Procedure All departmental employees are encouraged to initiate award recommendations. All award recommendations must be made on the appropriate form, and care should be taken to include as much detail as possible. A copy of the report, if not excessive in length, may be attached to the recommendation. All recommendations shall be forwarded to the chairperson of the Awards Committee. Awards/Recognition Committee Membership The Awards/Recognition Committee will consist of the following members: • Chairperson (above the rank of sergeant) • Police Sergeant • Investigator • Patrol Officer (2) Awards/Recognition Committee members shall serve a term of two years. Committee members may resign from the committee, in writing, and the position will be filled by another person of the same rank or title. The goal of the two year term length is to maintain the experience of the committee. The patrol commander will serve as committee chair. The committee may look at an employees’ overall work during the calendar year and recommend an award based on his/her accomplishments. Committee Procedures The Awards/Recognition Committee will meet at least twice annually. Members will be compensated for their attendance in accordance with any applicable labor agreements or pertinent departmental policies. It will be the duty of the committee to review each recommendation in great detail to decide the level of award/recognition, if any, is appropriate. Decisions of the committee will be made by a majority vote, with the chairperson casting the deciding vote in case of a tie. In cases where a recommendation is denied, a memorandum stating the reason for such denial shall be sent to the originating person. That person may appeal the decision in writing directly to the Chief of Police. All findings and recommendations of the committee shall be forwarded to the Chief of Police in writing. The Chief of Police will conduct a review of all recommendations and will be the final authority. The chief of police may raise or lower the level of award recommendation, reject it totally, or send it back to the committee for further documentation. The Awards/Recognition Committee will maintain written records of all recommendations. These records will be maintained by the department in compliance with relevant policies and procedures. 572 Page 289 Preparation and Presentation of Awards/Recognition It shall be the duty of the Committee Chair to compose the written narrative which will accompany each level of award/recognition. The actual preparation and giving of the award/recognition shall be the responsibility of the Chief of Police. Wearing of Award Ribbons Award ribbons issued for the Medal of Honor, Medal of Valor and Medal of Merit may be worn by uniformed personnel centered directly above the name tag on the uniform shirt, and by plain clothes personnel on the lapel of a suit or sport coat. Uniform bars issued by the Golden Valley Police Department may be worn on duty. Awards received from other agencies may be worn on duty. Other assignment recognition uniform bars may be allowed by the Chief of Police. 573 Page 290 G.P.8.06 Effective Date: December 12, 1995 Revised: November 2009 November 2014 Court Appearance Notification PURPOSE: The intent of this policy is to fix responsibility for communication of court appearance notification or subpoenas. The staff member receiving the notices has an obligation to notify the individual to whom such notification is directed. The officer or employee, to whom notification is directed, is responsible for checking all the various sources of this communication and providing a contact number for notification by an attorney’s office. PROCEDURE: Criminal Court Person receiving: 1. Municipal court notices will be forwarded to the Patrol Commander for review. 2. Add subpoena information to Outlook court calendar and forward appointment to officer(s) via email. 3. If officer is on vacation and will be through the appearance date, the respective originating jurisdiction shall be notified by the officer 4. If the subpoena or notification is within 48 hours of actual required appearance, a telephone contact with the officer shall be made. 5. If the officer is off duty or otherwise in a position where notification is jeopardized, telephone contact shall be initiated. If contact is not made with the officer, the appropriate juri sdiction shall be so informed to facilitate their planning and/or scheduling. Individual Officer or Employee shall: • Provide contact number to attorney’s office • Check court calendar. • Check the above prior to leaving for vacation, school, planned sick leave, conferences, or extensive off-duty periods to assure necessary court appearances. Standby: The window for standby for Municipal Court shall be from 10:30 to 12:30 unless otherwise notified. This does not pertain to District Court. 574 Page 291 Civil Court In those cases where the City is either the plaintiff or the defendant, the above procedure applies. In all other cases, it is the responsibility of the appropriate attorney to subpoena the officer, and provide exact information as to when the officer will testify Stand By Officers will not be placed on a standby basis for civil cases when the City is not a plaintiff or defendant. Appearances will be directed by subpoena. Any obligations for availability or appearance will be reimbursed ahead of time in the manner described below. Payment Officers will be reimbursed by the City under the appearance schedule as specified by City policy or labor agreement. Officers being called as witnesses will notify their supervisor immediately, and provide a copy of the subpoena and cover letter. Under Rule 45.06 (Expenses of Non-Parties) of the Rules of Civil Procedure, the officer is entitled to expert witness fees when called as a witness in that capacity. These fees, set by the City Council, must be paid before the officer is compelled to appear. The billing will be handled by the City. If possible, the checks will be made out to the City, or if they are made out to the officer, the officer will endorse and turn over the check for payroll purposes 575 Page 292 G.P.8.07 Effective Date: January 1, 1987 Complaints Against Employees PURPOSE: The purpose of this order is to establish departmental procedures for the initiation and investigation of complaints concerning department policy or allegations of misconduct against members of the Golden Valley Public Safety Department. This procedure is solely and exclusively for internal administrative purposes. All statements obtained will be treated confidentially and will not be released to persons or agencies outside of the Department unless compelled by court order to do so. POLICY: It shall be the policy of this Department to investigate all allegations which cannot be resolved upon receipt. Allegations of misconduct may be reported from any source, internal or external, non-criminal or criminal in nature. PROCEDURE: All allegations will be referred to the employees immediate Supervisor whenever possible. The on-duty Supervisor will be notified if the employee's immediate Supervisor is not available. A) The Supervisor shall make every attempt to promptly resolve the allegation. If not resolved, a description of the incident will be reported on the prescribed form. B) The complaint will be forwarded by 0800 the next working day to the chief of police, who will assign a control number and an investigating officer. The obvious exception to this rule is if a complaint is registered against a supervisor or is of an emergency nature. In this case, notify the chief of police when appropriate. C) The chief of police shall inform the employee that an investigation has been initiated and the name of the investigating officer (not applicable for certain types of investigations). If the complaint alleges that the misconduct amounts to a criminal violation, the accused employee is to be afforded all of the legal rights that would be accorded a suspect in any criminal offense. D) The chief of police shall promptly notify the complainant that an investigation has been initiated. E) Upon completion of the investigation, the findings and all other supportive materials shall be forwarded to the chief of police by the assigned investigating officer. F) All reports shall be transferred in a sealed envelope in order to protect the integrity of the investigation. 576 Page 293 G) The chief of police shall, at his discretion, and after careful review of the employee's previous history, determine whether the Supervisor's recommendations are appropriate and may alter such recommendations if necessary. H) Both the employee and the complainant shall be notified of the investigation conclusion and the fact that appropriate administrative action was completed. I) When an allegation is filed against a Supervisor, the next level of command will investigate the complaint. J) No officer is to assume an investigative role in an internal investigation unless assigned by the designated Supervisor to do so. INVESTIGATION OF THE ALLEGATION OF EMPLOYEE MISCONDUCT A) The primary responsibility for the completion of investigations lies with the assigned Supervisor. B) The investigating officer will commence his/her investigation on the basis of the allegations contained in the Allegation of employee Misconduct form. However, if during the investigation of the initial allegation(s), it is disclosed that other misconduct, not alleged, may have taken place, this misconduct shall also be investigated and reported upon to the chief of police. C) The assigned investigator shall investigate and report all aspects of the case in a manner which is fair and impartial to all concerned persons. D) When informing an employee of an investigation and if the employee requests, he/she may be allowed without reasonable delay to have a union employee representative, attorney, or Supervisor present during the interview. The employee's representative shall not take an active part in the interview but act only as an observer. The employee shall not be allowed to read other P.I. reports nor have access to other information obtained during the investigation without prior approval of the chief of police. E) All employees shall be interviewed on duty if possible. F) Conversations concerning the personnel investigation should not be discussed with anyone except other staff assigned to the investigation or persons who have information concerning the case. Employees interviewed are directed not to discuss the case with anyone except the Supervisor assigned. G) The investigator shall complete the investigation and submit the report to his/her Supervisor as soon as possible, within thirty (30) days. Extensions may be granted by the chief of police. ADJUDICATION OF PERSONNEL COMPLAINTS A) Final disposition of allegations of employee misconduct will be made by the chief of police. 577 Page 294 B) The final disposition of each allegation shall be classified in one of the following ways by the assigned investigator: 1. Sustained: The allegation is supported by sufficient evidence. 2. Not Sustained: Insufficient evidence to prove or disprove the allegation. 3. Exonerated: The incident occurred but it was lawful and proper. 4. Unfounded: The allegation is false or not factual. FINAL REPORT The investigator's final report to the chief of police will follow the described format: A) Allegation: State as concisely as possible. Enumerate and number the allegations when there is more than one. B) Investigation: Show a chronological summary of the incident and the investigation, including a summary of all statements. C) Finding of Facts: Show by numerical listing a summary of the finding of facts within the classification specified. D) Attachments: Include all reports, statements, photos, etc. pertinent to the investigation. CONCLUDING ADMINISTRATIVE DUTIES A) If one or more of the allegations are sustained, the persons involved (and appropriate Supervisor) will be informed by the chief of police and advised that administration sanctions have been imposed. No P.I. forms will be placed in the employee's personnel file. If discipline is accorded, it shall be so indicated on an Employee Discipline Notice Form, receipted for, and placed in the employee’s personnel file. B) In allegations found to be unfounded, exonerated, or not sustained, a "notification signed by the chief of police will be sent to the persons involved. No record of the allegations will appear in the employee's personnel file. C) All P.I. records will be filed and maintained with the chief of police. 578 Page 295 G.P 8.08 Effective Date: November 1, 1988 Revised: March 20, 2018 Insurance Interviews PURPOSE: The purpose of this instruction is to state the policy of the Department regarding insurance interviews and to establish a uniform procedure. With problems of litigation and adjustment of accident and injury claims continuing to increase, it is only logical to assume insurance and estate representative interviews with police offices will be more frequent. This is one of the better methods of gathering facts, evidence, and conclusions on which a claim may be settled fairly. Any officer who gives of his or her time for an interview or deposition in regard to an accident he investigated while on duty, is entitled to compensation for his or her time. PROCEDURES: The following policy will be followed by members of this Department: 1. All interviews will be conducted on the officer's off-duty time. 2. All interviews will be conducted at the Police Department unless a deposition is required. 3. Compensation for an interview will be a minimum of three hours at the overtime rate, and hour-for-hour or fraction thereof at the same rate. The rate shall be established at the beginning of each year and is based on the fee the City charges for an off -duty officer. 4. No officer will make any statement prior to any criminal action; however, this policy in no way is to interfere with the legal process under the law of subpoena and disposition. 5. All court time regarding any civil action arising from an officer's assigned duties as a police officer will follow the rules of overtime as outlined in union contracts. Off-duty civil court time information will be forwarded to the Operations Commander for reimbursement to the City. Compensation by an insurance company or attorney will be forwarded to the City. 6. Officers will be paid by the City. The City will invoice the company or may require payment at time of interview. INFORMATION TO INCLUDE: Subpoena fee Name of litigant who initiated the subpoena Name and address of law firm representing individual(s) who issued the subpoena. All arrangements regarding interviews will be the responsibility of the officers concerned. 579 Page 296 G.P. 8.09 Effective Date: June 1, 1992 Revised: April 4, 2005 November 2014 June 10, 2016 June 11, 2020 December 10, 2020 Use of Force and Firearms I. PURPOSE It is the policy of the Golden Valley Police Department to provide officers with guidelines for the use of force and deadly force in accordance with: MN STAT 626.8452 DEADLY FORCE AND FIREARMS USE; POLICIES AND INSTRUCTION REQUIRED; MN STATE 626.8475 DUTY TO INTERCEDE AND REPORT; MN STAT 609.06 AUTHORIZED USE OF FORCE; MN STAT 609.065 JUSTIFIABLE TAKING OF LIFE; and MN STAT 609.066 AUTHORIZED USE OF FORCE BY PEACE OFFICERS. This policy applies to all peace officers engaged in the discharge of official duties. When used in this policy, the term “officer(s)” refers to all licensed peace officers employed by the agency regardless of rank. II. POLICY It is the policy of the Golden Valley Police Department to ensure officers respect the sanctity of human life when making decisions regarding use of force. Sworn law enforcement officers have been granted the extraordinary authority to use force when necessary to accomplish lawful ends. Officers shall treat everyone with dignity and without prejudice and use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of others and the officer. Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. Officers should exercise special care when interacting with individuals with known physical, mental health, developmental, or intellectual disabilities as an individual's disability may affect the individual's ability to understand or comply with commands from peace officers. The decision by an officer to use force or deadly force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of 580 Page 297 hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using such force. This policy is to be reviewed annually and any questions or concerns should be addressed to the immediate supervisor for clarification. This policy applies to all licensed peace officers and part-time peace officers engaged in the discharge of official duties. III. DEFINITIONS A. Bodily Harm: physical pain or injury. B. Great Bodily Harm: bodily injury which creates a high probability of death, or which causes serious, permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. C. Deadly Force: force used by an officer that the officer knows, or reasonably should know, creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. D. De-Escalation: Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning. E. Other Than Deadly Force: force used by an officer that does not have the purpose of causing, nor create a substantial risk of causing, death or great bodily harm. F. Choke Hold: A method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air. Choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries. G. Authorized Device: A device an officer has received permission from the agency to carry and use in the discharge of that officer’s duties, and for which the officer has: a. obtained training in the technical, mechanical and physical aspects of the device; and 581 Page 298 b. developed a knowledge and understanding of the law, rules and regulations regarding the use of such a device. H. Force or use of force: action(s) or technique(s), used by an officer, that actually cause(s), or has a high propensity for causing, pain or injury. Force also includes the threatened application of an intermediate weapon or firearm, including pointing a weapon at a suspect/subject. For purposes of this policy, force does not include drawing and/or holding a firearm at low ready, the normal application of handcuffs, or the use of an escort technique absent pain compliance. I. Chief: in all instances in this policy, Chief means the chief law enforcement officer of the Golden Valley Police Department. IV. PROCEDURE A. General Provisions 1. Use of physical force should be discontinued when resistance ceases or when the incident is under control. 2. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, or another person. In these situations, only the amount of force necessary to control the situation shall be used. 3. Once the scene is safe and as soon as practical, an officer shall provide appropriate medical care consistent with his or her training to any individual who has visible injuries, complains of being injured, or requests medical attention. This may include providing first aid, requesting emergency medical services, and/or arranging for transportation to an emergency medical facility. B. Duty to Intercede Regardless of tenure or rank, an officer must intercede when: 1. present and observing another peace officer using force in violation of section 609.066, subdivision 2, or otherwise beyond that which is objectively reasonable under the circumstances; and 2. physically or verbally able to do so C. Duty to Report An officer who observes another employee or peace officer use force that exceeds the degree of force permitted by law has the duty to report the incident in writing within 24 hours to the Chief. D. De-escalation: 582 Page 299 1. An officer shall use de-escalation techniques and other alternatives to higher levels of force consistent with their training whenever possible and appropriate before resorting to force and to reduce the need for force. 2. Whenever possible and when such delay will not compromise the safety of another or the officer and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual opportunity to submit to verbal commands before force is used. E. Use of Other Than Deadly Force 1. When de-escalation techniques are not effective or appropriate, an officer may consider the use of other than deadly force to control a non-compliant or actively resistant individual. An officer is authorized to use reasonable other than deadly force techniques and equipment in the following circumstances: a. effecting a lawful arrest; or b. the execution of legal process; or c. enforcing an order of the court; or d. executing any other duty imposed upon the public officer by law; or e. defense of self or another. F. Use of Certain Types of Force 1. Except in cases where deadly force is authorized as articulated in MN STAT. 609.066 to protect the peace officer or another from death or great bodily harm, officers are prohibited from using: a. Chokeholds, b. Tying all of a person’s limbs together begind a person’s back to render the person immobile, or; c. Securing a person in any way that resultsin transporting the person face down in a vehicle. 2. Less than lethal measuees must be considered by the officer prior to applying these measures. G. Use of Deadly Force 1. An officer is authorized to use deadly force if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary. Use of deadly force is justified when one or both of the following apply; a. To protect the peace officer or another from death or great bodily harm, provided that the threat: i. can be articulated with specificity by the law enforcement officer; ii. is reasonably likely to occur absent action by the law enforcement officer; and iii. must be addressed through the use of deadly force without unreasonable delay; or 583 Page 300 b. To effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony and the officer reasonably believes that the person will cause death or great bodily harm to another person under the threat criteria in paragraph (a), items (i) to (iii), unless immediately apprehended. 2. An officer shall not use deadly force against a person based on the danger the person poses to self if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that the person does not pose a threat of death or great bodily harm to the peace officer or to another under the threat criteria in paragraph (1a), items (i) to (iii). 3. Where feasible, the officer shall identify themselves as a law enforcement officer and warn of his or her intent to use deadly force. 4. In cases where deadly force is authorized, less than lethal measures must be considered first by the officer. 5. When an incident occurs in which an officer uses deadly force, whether by firearm or other means, both an administrative and a criminal investigation of the incident will be initiated. The officer will be required to undergo both alcohol and drug testing as soon as practicable after the incident. Use of deadly force, whether or not it results in death or great bodily harm to another, is considered a critical incident, and is subject to the provisions of G.P. 8.12 (Critical Incident Policy). 6. An officer who has discharged a firearm (either on or off duty), killing or injuring a human being, shall surrender the firearm when directed to do so, including any remaining live rounds. This should be done in a nonpublic setting and the officer will be issued a replacement firearm as soon as practicable. An officer who discharged a personally owned firearm in such a situation will be issued a department owned firearm if a personally owned replacement is not readily available. (see G.P. 8.12 Critical Incident Protocol) H. Training 1. All officers shall receive training, at least annually, on this agency’s use of force policy and related legal updates. Officers are required to attend such training as scheduled by the Training Unit. 2. In addition, training shall be provided on a regular and periodic basis and designed to a. Provide techniques for the use of and reinforce the importance of de-escalation b. Simulate actual shooting situations and conditions; and c. Enhance officers’ discretion and judgement in using other than deadly force in accordance with this policy. 3. Before being authorized to carry a firearm all officers shall receive training and instruction with regard to the proper use of deadly force and to the agency’s policies and 584 Page 301 State statutes with regard to such force. Such training and instruction shall continue on an annual basis. 4. Before carrying an authorized device all officers shall receive training and instruction in the use of the device including training as it relates to its use in deadly force and/or other than deadly force situations. Such training and instruction shall continue on an annual basis. 5. Officers will carry and use only authorized devices unless circumstances exist which pose an immediate threat to the safety of the public or the officer requiring the use of a device or object that has not been authorized to counter such a threat. I. Recordkeeping Requirements 1. The Chief shall maintain records of the agency’s compliance with use of force training requirements. 2. Whenever force is used by an officer, they shall include a detailed description of the subject’s actions and of the resulting force techniques used by the officer in their police report. The only exception is for a use of deadly force that is being investi gated by an outside agency. 3. All uses of other than deadly force will be initially reviewed by the on-duty shift supervisor before the conclusion of their next scheduled shift. The Use of Force and/or Training sergeant will complete a review of the incident within 30 days of its occurrence. If the UoF/training sergeant was personally involved in the incident, the review will be conducted by a Commander. If the review determines there are possible policy violations, an internal investigation will be conducted. If the review determines there was exceptional or valorous conduct on the part of an officer or citizen, the findings will be forwarded to the awards committee. J. Firearms 1. Department Issued firearms a. HANDGUN. The Department issues an auto loading full-size handgun and three magazines to each officer. Plain clothes personnel and administration may carry a department-issued compact semi-auto pistol or revolver when approved by the Chief or his/her designee. b. PATROL RIFLE. The Department issues an auto loading patrol rifle chambered in 5.56mm and capable of accepting M16/M4 type magazines to each officer. All rifles will be equipped with, at a minimum, a red dot type optic, back up “iron” sights, a weapon mounted white light, and a sling. Suppressors are authorized for officers who have completed department approved training in their use. c. Other firearms may be issued and/or assigned as needed by the Chief or his/her designee. 585 Page 302 d. No modifications of department owned firearms are allowed without approval of the Chief or his/her designee. Any personally owned firearms accessories, including suppressors, must be approved for use by the Department, and are subject to the general provisions shown in section F.2.c., as applicable. 2. Personally Owned Firearms a. HANDGUNS. Officers may carry a personally owned auto loading handgun chambered in 9mm Luger or 45ACP as their primary handgun while on duty. Officers must demonstrate proficiency with their handgun's unique features and must qualify with the pistol before carrying it on duty. Secondary or “back-up” handguns in a smaller caliber may be carried when approved by the Chief or his/her designee. Each handgun and any modifications must be approved by the Chief or his/her designee. b. PATROL RIFLES. Officers may carry a personally owned patrol rifle while on duty. All rifles must be chambered in 5.56mm and accept standard M16/M4 type magazines. All rifles will be equipped with, at a minimum, a red dot type optic, back up “iron” sights, a weapon mounted white light, and a sling. Officers must demonstrate proficiency with their rifle's unique features and must qualify with the rifle before carrying it on duty. The individual rifle, accessories, and any modifications must be approved by the Chief or his/her designee. c. GENERAL PROVISIONS. Officers choosing to carry a personally owned firearm will not be eligible for reimbursement or replacement of the firearm if it is lost or damaged in the line of duty, and if the firearm is needed as evidence, a like replacement will not be available. Therefore, such officers are encouraged, but not required, to have ready access to a spare identical firearm. Armorer support, repair, and maintenance are the responsibility of the officer, and will be at their own expense. The make, model, serial number and caliber as well as any approved modifications will be recorded and kept current by the Range Sergeant. 3. Other firearm optics a. Handgun mounted Mini Red Dot Sights (MRDS) are authorized for officers who have completed Department approved training in their use. Personally owned MRDSs may be used only if approved by the Department and installed by authorized range personnel. b. Patrol rifle mounted Low Power Variable Optics (LPVO) are authorized for officers who have completed Department approved training in their use. An LPVO with an etched reticle satisfies the back-up sight requirement in section F.1.b. All LPVOs are required to be accompanied by an approved secondary sighting system, such as a laser, offset “iron” sights, or offset MRDS. Approved LPVOs must have a 1.1X or lower magnification on the lowest setting. Personally owned LPVOs may be used only if approved by the Department and installed by authorized range personnel. 586 Page 303 c. Patrol rifle mounted red dot magnifiers are authorized for officers who have completed department approved training in their use. Personally owned red dot magnifiers may be used only if approved by the Department and installed by authorized range personnel. 4. Firearms qualifications All officers must qualify at least annually with their primary handgun, patrol rifle, and backup handgun (if applicable). The qualification courses of fire and standards shall be updated as needed and distributed by the Chief or his/her designee. Changes to the configuration of a firearm may require re-qualification at the discretion of the Chief or their designee. 5. Officers will ensure their firearms are serviceable and sufficiently clean at all times. 6. Officers may only carry department issued ammunition for their primary handgun and rifle while on duty. Any personally owned back up gun not chambered in 9mm or 45ACP must be loaded with agency approved ammunition. Uniformed officers will carry at least two spare handgun magazines and plainclothes officers will carry at least one spare handgun magazine. 7. Carrying firearms off-duty a. Officers wishing to carry a firearm other than their primary or back-up duty handgun while off-duty must qualify with it prior to doing so and annually thereafter. A record of the make, model, serial number, and any modifications will be kept by the Chief or his/her designee. b. Officers may not carry off-duty when under the influence of alcohol or any other substance. 8. Any discharge of a firearm by an officer other than during training or in a deadly force incident being investigated by an outside agency will be documented by the officer in a police report. K. Intermediate Weapons 1. OC Spray. All officers shall carry department issued OC spray while on duty. Officers working in task force assignments may be exempted by the Chief. 2. Impact weapons. Officers may carry extendable or fixed batons while on duty. Substantially similar objects such as flashlights may be used as impact weapons when their use is consistent with department training and established law regarding baton/impact weapon usage. 587 Page 304 3. TASER/CEWs a. Only Department issued Tasers and cartridges may be carried on duty. All patrol officers and sergeants will carry a Taser when on duty. The Taser must be worn on the support side of the duty belt. b. The use of a Taser on a suspect/subject will be reported to the on duty sergeant as soon as practicable, and the on duty sergeant will respond to the scene of use as soon as circumstances permit. c. Normally, Taser probes may be removed by officers. However, if the probe/s is/are in a sensitive area, EMS should respond to the scene to remove the probe or transport to a suitable medical facility. d. Following a Taser deployment, whether in probe mode or drive stun mode, determine if there is a need for EMS attention based on whether or not: (1) the person is younger than 12 years of age, or older than 60 years of age; (2) the person is known to be, or is obviously, pregnant; (3) the person is exhibiting symptoms of excited delirium; (4) the person has received multiple Taser activations, or the combined length of Taser activations has exceeded 15 seconds; (5) a Taser probe is lodged in a sensitive area (e.g., groin, female breast, head, neck); (6) the officer observes that the person is experiencing any distress beyond what would normally be expected under the circumstances; or (7) the person requests medical treatment or EMS response. e. Photograph the Taser application site(s) and any associated injuries. If in a sensitive area and the subject does not consent to photos being taken, document the refusal in the police report. f. If used in probe mode, collect the cartridge body, wires (intact), probes, and at least three AFIDs, and inventory them as evidence (making sure to observe biohazard protocols as appropriate). 588 Page 305 G.P.8.10 Effective Date: January 1, 1987 Exemptions for No Parking Sign Enforcement PURPOSE: The City Manager and Council have authorized the Police Department to temporarily suspend enforcement of certain ‘No Parking’ signs throughout the City, provided prior permission to do so is granted by the Police Department. PROCEDURE: To obtain this temporary suspension of parking enforcement, persons requesting such exemption shall be instructed to submit a request in writing to the Chief of Police. This request should include the time and dates of such requests and the precise location of the signs to be exempted. After evaluating each request, the Chief of Police, or his/her designee, will respond in writing, either granting or denying permission for this parking variance. If permission to suspend parking enforcement is granted, a copy of this response will be placed on the Patrol Division roll call board for informational purposes. 589 Page 306 G.P.8.11 Effective Date: October 4, 2000 Updated: July 2008 Less Lethal Extended Range Impact Devices GENERAL: The police department recognizes that combative, noncompliant, armed and/or violent subjects cause handling and control problems that require specialized training, tactics, and equipment. Thus, the Golden Valley Police Department has adopted the less lethal force philosophy to assist with the de-escalation of these potentially violent confrontations. PURPOSE: To address the training and use of extended range less lethal weapons and projectiles that will be used by qualified officers of this department. DEFINITIONS: Squad Ready: Squad ready mode is described as six less lethal rounds in magazine, empty chamber and closed, firing pin dropped, and the safety on. An officer utilizing a squad with a less lethal shotgun shall check the weapon before each tour of duty to ensure the chamber is empty and that the shotgun is loaded with only less lethal ammunition. Less Lethal Force Philosophy: A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tactics. Kinetic Energy Impact Projectiles: Flexible or nonflexible projectiles, which are intended to incapacitate a subject with a minimal potential for causing death or serious physical injury, when compared to conventional projectiles. Safety Priorities: The department safety priorities are established as follows: 1. Hostages 2. Involved non-subject civilians 3. Police officers 4. Subjects Subject equals the person who is the focus of the police operation. Force Continuum: • The Golden Valley Police Department places the use of less lethal projectiles above an impact weapon, but below deadly force. Less Lethal Extended Range Impact Devices 590 Page 307 There are many projectiles considered “less lethal.” The primary types used by the Golden Valley Police Department are as follows (other types may be used when authorized by the Chief of Police): • Flexible baton—12-gauge (CTS model 2581 sock round or Armor Holdings, Defense Technology 12 ga. Marking sock round) • Non-flexible baton—37 mm (SAGE KO1 baton round or Royal Ordinance standard energy baton round) Technical Aspects—Kinetic Energy Impact Projectiles Flexible Baton—12-gauge • The authorized 12-gauge less lethal rounds are manufactured by Combined Tactical Systems, Inc. (CTS). These rounds are referred to as the flexible baton 12-gauge sock round. • The sock round is a 2-3/4” plastic 12-gauge cartridge containing a sock-like fabric bag filled with approximately 40 grams of lead shot. • The sock round exits the barrel approximately 300 feet/second and delivers approximately 120 foot/pounds of kinetic energy. • These rounds will be deployed by trained officers only. Non-flexible Baton—37 mm • The authorized 37 mm less lethal rounds are manufactured by SAGE Control Ordinance or Royal Ordinance, and is the KO1/standard energy baton round. • This round will be deployed by trained SWAT officers only. • This 37 mm round contains a non-flexible polyurethane projectile, weighing 77.5 grams. • The standard KO1 round has a velocity and energy of 240 feet/second and 154 foot/pounds of energy, when measured 10 feet from the muzzle. POLICY: Deployment Areas • The less lethal projectiles should be delivered to suspect target areas based on the circumstances, the established safety priorities, and the level of force authorized. • Less lethal projectiles should be directed at those areas with the least risk of death or serious physical injury (arms, legs, thighs, buttocks and lower abdomen). Officers are authorized to consider target areas with a greater risk of injury if the use of force is justified based on the circumstances and efforts to subdue the suspect using a primary/preferred area are ineffective, inappropriate, or too dangerous. • Intentional impacts to the head and neck will be avoided unless the use of deadly force is justified. 591 Page 308 Deployment Techniques—12-gauge Sock Round • The department approved shotgun will be carried as a dedicated less lethal weapon loaded with six rounds of less lethal ammunition in the magazine in “squad ready” mode. • The dedicated less lethal shotgun will be marked with high visibility tape at the end of the barrel and is also marked “less lethal” on the breach area. • The officer will, if possible, inform other officers on the scene when less lethal will be fired at the subject to avoid confusion. Officers deploying less lethal ammunition should have a lethal cover officer as the circumstances dictate. Only under unique circumstances should less lethal ammunition be used in cases involving subject with firearms. Deployment Techniques—37 mm All 37 mm less lethal delivery systems will be maintained by the SWAT unit. The 37 mm system will only be deployed by trained/qualified SWAT officers. This system will be deployed with a lethal cover officer. Handling of Injured Suspects Suspects who are struck by less lethal rounds shall be transported to a medical facility for examination. Reports When less lethal is used to take a subject into custody, the officer will document the circumstances/use in an offense report. This report will be forwarded to the Commander for review. Training Training in the use of extended range kinetic energy impact projectiles will consist of the approved department end user program and annual training. Supervisor Notification A supervisor will be notified of the use of less lethal ammunition as soon as practical after deployment of less lethal sock rounds. 592 Page 309 G.P.8.12 Effective Date: January 1, 2001 Critical Incident Protocol A critical incident is any event that has stressful impact sufficient to overwhelm an individual’s usually effective coping skills. These are usually sudden, powerful events that fall outside the range of human experiences. The Golden Valley Police Department recognizes that officers and support staff will become involved in critical incidents at times throughout their careers. These incidents affect officer lives as well as the lives of their family members, friends and fellow officers. This policy will set forth general guidelines when officers encounter a critical incident. Under this policy, an involved officer is the primary officer involved in the incident; a support officer is the officer who is assigned to provide for the needs of the involved officer. OFFICER GUIDELINES FOR CRITICAL INCIDENT SCENES: • Maintain personal safety and that of other citizens involved. • When using the radio, air only essential information. It is important to keep in mind here that radio silence could work in the favor of police in many of these incidences. • Create a secure crime scene and obtain sufficient personnel to preserve it for investigative purposes, err on making the crime scene too large rather than limiting its size. This perimeter may also be used to control media exposure. • If the involved officer has discharged his/her firearm, be aware that it will be turned over as evidence as well as other magazines. Depending on the situation, it may also be necessary for the officer to turn over his/her gun belt, any equipment on the gun belt and uniform as well. This exchange will take place at an appropriate place in a controlled setting and the involved officer will generally be rearmed with another duty weapon. • The involved officer will generally not be responsible for gathering evidence or interviewing of witnesses or suspects at the crime scene. As soon as practical, the involved officer will be relieved from the crime scene and taken back to the police department. • The involved officer may be asked to provide a brief incident summary (this may include sketches and diagrams) to the appropriate supervisor on the scene. This will be done privately and will not be expected to be a full review of the incident. This exchange of information will be necessary so that investigators can proceed with a thorough investigation. • Other responding officers will assume scene control as soon as practical, relieving the involved officer from whatever duty he/she is performing. • Once relieved, the involved officer will be assigned a support officer who will transport them away from the scene. The support officer will stay with the involved officer to insure his/her personal and professional needs are met. The involved officer will be given opportunity to remain in a private area, making the necessary contacts that he/she deems appropriate. • The involved officer may choose to contact his/her legal counsel before any formal interviews take place. The department will make available private space to the involved officer and his/her legal counsel so that he/she can confer prior to the statements. • Once an involved officer has had the opportunity to consult legal counsel, sampling of blood, and other evidence may take place. All attempts will be made to make this test as close to the 593 Page 310 incident time as possible. The officer assigned in the capacity of support officer at the supervisor’s discretion will transport the involved officer to the appropriate medical facility for blood sampling, if appropriate. Whichever officer is responsible for the transport will also be responsible for the chain of evidence as it relates to the sample taken. • Arrangements will be made with the ranking Golden Valley Police official to coordinate the critical incident investigation with the appropriate assisting agency. At this time, the ranking Golden Valley officer will designate a liaison officer with the assisting agency in the critical incident investigation, however the liaison will not act as a primary investigator. • After the involved officer has had an opportunity to confer with his/her attorney, a formal statement, police report, or other report may be requested from the involved officer. Depending on the circumstances, the involved officer may be asked to give a formal statement in the next 24 hours. It is also possible that the investigating officials, may write the initial police report and subsequent follow-ups until such time as deemed appropriate for the involved officer to write his/her report or other documents as requested. • If a Golden Valley officer is involved in a critical incident shooting or delivery of great bodily harm/death outside of the Golden Valley jurisdiction and this officer is acting within the scope of his duty, this officer should be returned to the Golden Valley Police Department. If this cannot occur, a Golden Valley command officer will accompany the involved officer to the destination, and shall ensure that the officer is afforded appropriate attention and support. • The interview of all Golden Valley officers involved in critical incident investigations should take place at the Golden Valley Police facility, if possible. • Should the involved officer be injured, he/she will be transported to the appropriate hospital for care. Prior to transport, the scene supervisor will secure and retain the involved officer’s weapon and magazines for the critical incident investigation. If suspects are injured as well, the involved officer should go to a separate hospital from the suspect to insure a safe setting for the involved officer and his/her family. A police officer will be assigned to accompany this involved officer at all times and insure his/her safety and privacy as well as his/her well- being. The on-scene supervisor will make a decision on who will make emergency notification to the involved officer’s family and the department will provide transportation of that involved officer’s family to the hospital where he/she is staying. 594 Page 311 SUPERVISOR GUIDELINES FOR CRITICAL INCIDENT SCENE: • Proceed to the scene, reexamine the crime scene, personnel needs and other department notifications. • See that a logging system is set up for the crime scene perimeter and only authorized people shall enter and exit the scene. Those who do enter and exit the scene will be logged. • Privately obtain a statement of facts from the involved officer to insure that the criminal investigation may proceed. This statement is not intended to be a complete summation of the incident, rather enough information for the police on the scene to move forward in their investigation. • Assign a support officer for the involved officer and once adequate staffing exists, see that the involved officer is transported back to the police department. It is not recommended that the involved officer drive at this time, rather the support officer should drive him/her. Once at the police department, the involved officer may turn over his/her weapon and magazines and if appropriate, the gun belt and other contents of the gun belt as well as the uniform may be requested for the investigation. • It will be the supervisor’s responsibility to insure that the support officer looks out for the personal and professional needs of the involved officer. • The supervisor will insure that if wounded suspects are being transported to a hospital, that another police officer be assigned to accompany the suspects in the ambulance. This suspect will now be considered in custody. Appropriate police procedures shall be used in requesting or documenting information from the suspect. • If there are injured witnesses or bystanders, the supervisor will make every attempt to make sure that they are also interviewed prior to transport to the hospital and also assign police personnel to act as a transport officer and accompany wounded witnesses and bystanders to the hospital, if available. INVESTIGATION: The Investigative Supervisor or appropriate designee will oversee the criminal investigation, evidence collection and storage, and the scene itself. The Chief of Police or his/her designee will determine the primary investigative agency. A department liaison will be assigned to assisting agencies. ADMINISTRATIVE LEAVE: Persons directly involved in a critical incident may, upon approval of the Chief of Police, be entitled to administrative leave with pay and/or light duty assignment. The length of leave time will be determined by the chief at his/her discretion and will be based upon the particular facts of the incident, the needs for the officers, and after consultation with the appropriate medical and/or mental health professionals. A professional psychological consultation will be provided by the department as necessary. An involved officer of a critical incident situation in which the officer has been involved in a shooting or delivery of great bodily harm or death through other means will be required to meet with the department authorized psychologist. This meeting is designed as a positive interview with the emphasis on the involved officer’s coping with the stress of the incident which he/she has been involved in. This interview will be mandatory and each officer will have the chance to meet 595 Page 312 in private with the department psychologist. At the conclusion of this meeting, the psychologist will contact the department and will assist in an evaluation of fitness for duty as it relates to the officer. The rest of this interview will be considered privileged between the officer and the psychologist. If after the initial private meetings with the department psychologist it is felt appropriate, the officer can meet in a group with the psychologist as well. It will be the responsibility of the ranking Golden Valley officer to insure that all officers exposed to critical incidences be involved in a critical incident debriefing session within seven days of the incident, or as soon as practical. It is also important that the support staff, such as secretaries, dispatchers, spouses also be involved in these debriefings. Although this policy often deals directly with critical incident shooting incidences and other incidences where police officers deliver great bodily harm or death, in considering its initial definition, a critical incident can be any incident that is so powerful and overwhelming to one’s senses that additional department follow up may be necessary for the welfare of the officer. Incidents could include violent deaths, traumatic injuries, or anything that may be outside the normal range of human experiences. Once officers and support staff are determined to have been involved in a situation like this, the procedures outlined in this policy will take effect. The Golden Valley Police Department will include the Metro Critical Incident Stress Management Team (the Metro CISM Team, 612-347-5710) for critical incident debriefings as it deems appropriate. Shift supervisors should be aware that critical incidents can occur at any time on the officer’s shift. Once the shift supervisor of the involved officer feels a critical incident has occurred, the shift supervisor will have the discretion to relieve the officer of the rest of his/her duty shift and start the critical incident debriefing process. The Golden Valley Police Department also recognizes that critical incidents may continue for many months through the criminal court, civil court and other review panels. The department recognizes that administrative leave and scheduling flexibility should be considered prior to an involved officer’s appearance in any hearings, court appearances or other meetings that relate to a previous critical incident. It will also be the department’s responsibility to confer with the involved officer regularly between six months and twelve months after the critical incident to ensure that the officer’s coping skills and emotional welfare are improving appropriately. 596 Page 313 MEDIA: The on-scene supervisor will be initially responsible to set up the perimeter for the crime scene and make sure that the media is positioned where Golden Valley Police officials feel would be most advantageous to the ongoing investigation. Release of all information about this incident will be directed to the Public Information Officer or appropriate designee, and no officers on scene, either supervisors or the involved officer, will make any statement to any media official. The Golden Valley Police Department also recognizes that this is an active investigation and the immediate release of specific information, including the officers’ name, will not be released unless it is deemed necessary to the investigation. 597 Page 314 G.P.8.13 Effective Date: October 17, 2001 Revised: July 2008 October 2017 Impartial Policing Purpose: This policy is intended to reaffirm our department’s commitment to impartial/unbiased policing and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in a fair and equitable manner to all. Policy: I. Policing Impartially a. Investigative detentions, pedestrian and vehicle stops, arrests, searches and property seizures by officers will be based on a standard of reasonable suspicion or probable cause in accordance with the Fourth Amendment of the United States Constitution. Officers must be able to articulate specific facts, circumstances and conclusions that support reasonable suspicion or probable cause for investigative detentions, pedestrian and vehicle stops, arrests, nonconsensual searches and property seizures. b. Except as provided in paragraph (c.) officers shall not consider race, ethnicity, national origin, gender, sexual orientation, religion or immigration status in establishing either reasonable suspicion or probable cause. c. Officers may take into account the descriptors in paragraph (b.) of a specific suspect(s) based on information that links specific, suspected, unlawful or suspicious activity to a particular individual or group of individuals. This information may be used in the same manner officers use specific information regarding age, height, weight, etc. about specific suspects. II. Preventing Perceptions of Biased Policing – Procedural Guidelines In an effort to prevent the perception of biased law enforcement, officer shall utilize the following guidelines: • Be respectful and professional • Introduce or identify yourself to the citizen and state the reason for the contact as soon as practical, unless providing this information will compromise officer or public safety. • Ensure that the detention is no longer than necessary to take appropriate action for investigating known or suspected offense(s). • Attempt to answer any relevant questions the citizen may have regarding the citizen/officer contact, including relevant referrals to other agencies when appropriate. 598 Page 315 • Provide your name and badge number when requested, preferably in writing or on a business card. • Explain and/or apologize if you determine that the reasonable suspicion was unfounded (e.g. after an investigatory stop). III. Community Policing Community policing is essential to the success of the Golden Valley Police Department. To maintain our strong partnership with the community, our department does not enforce federal immigration laws, nor has it been our practice to do so. Furthermore, our department does not intend to ask community members about their immigrations status and it is not our practice to hold individuals solely based on federal civil immigration detainers. However, we do notify federal authorities when we arrest a person for violating state or local laws and that person has been charged with a federal crime or is the subject of a detainer which is accompanied by a warrant, affidavit of probable cause, or removal order. Supervision and Accountability: Supervisors shall ensure that all personnel in their command are familiar with the contents of this policy and are operating in compliance with it. 599 Page 316 G.P.8.14 Effective Date: October 6, 2005 Revised: April 25, 2022 Personal Grooming PURPOSE: The purpose of this policy is to establish personal grooming standards for department employees so that they present a competent, professional, well-groomed appearance as a department representative. POLICY: While on duty department employees have the responsibility to meet the personal hygiene requirements and grooming standards set forth in this policy. It is necessary for employees to present an alert, efficient, neat and business -like, well-groomed appearance. Employees shall strive to present a professional “neutral” image, avoiding any tendency to call undue attention to themselves through any aspect of grooming, ornamentation, or manner of dress. DEFINITIONS: Jewelry- Items worn by personnel for personal adornment which are ornamental, religious, or used as a medical alert for specific medical conditions. Undercover Personnel - Personnel assigned to the drug task force or working plain-clothes covert assignments, for which grooming standards are established by the chief based on the needs of the particular assignment. Uniformed Personnel - Any person wearing a uniform that represents the Golden Valley Police Department Non-uniformed Personnel - includes all department staff not assigned to a uniformed patrol assignment or community service officers. All licensed staff, when wearing a uniform, will follow the grooming guidelines for uniformed personnel. Tattoo - a permanent marking of ink/pigment under the skin. I. Rules of Personal Hygiene for On-Duty Personnel: a. Shaving- Uniformed and non-uniformed personnel shall be clean-shaven except for sideburns, mustaches, and goatees as outlined in Section II. b. Cosmetics- Cosmetics may be used, but shall not be ornate, pretentious or unusual in appearance as to attract undue attention. c. Cleanliness- Employees shall keep themselves clean and groomed so as not to be offensive to others. 600 Page 317 d. Fingernails- Uniformed personnel shall keep their fingernails trimmed so as not to extend more than ¼ inch beyond the end of the finger and shall be rounded (i.e. not trimmed to a point). Non-uniformed personnel shall keep their fingernails trimmed so as not to interfere with the performance of job duties and responsibilities. No ornament associated with the nails may be employed. II. Hair Regulations for Male Personnel: Uniformed Assignments: a. Mustaches- Mustaches shall not extend below the upper lip line or more than ½ inch on either side, beyond the vertical axis of the corner of the mouth. No handlebar, Fu Manchu, or walrus-type mustaches shall be allowed. No “soul patch” hair below lower lip is permitted. b. Beards and Goatees- Beards, goatees and soul patches are not permitted. c. Hair- Hair shall be clean, trimmed and present a well-groomed appearance. Hair shall not lap or curl over the ear, or cover any part of the ear. Hair must not touch, lap or curl over the top of the shirt collar when an employee is standing with the head held erect. No unusual hair color shall be worn as to attract undue attention. d. In all cases the bulk or length of hair shall not interfere with the normal wearing of authorized headgear. e. Sideburns- Sideburns will be neatly trimmed and tapered. They will not extend below the lowest part of the ear lobe, will be of even width, not flared, and will end with a clean-shaven, horizontal line. f. Wigs- Wigs may be worn provided they comply with the above hair regulations. Non-Uniformed Assignments: a. Mustaches- Mustaches shall not extend below the upper lip line or more than ½ inch on either side, beyond the vertical axis of the corner of the mouth. Handlebar, Fu Manchu, or walrus-type mustaches are not permitted. No “soul patch” hair below lower lip is permitted. b. Beards and Goatees- Beards and soul patches are not permitted. These personnel may wear goatees, neatly trimmed to a length no longer than properly trimmed mustaches. The wearing of an unshaven (stubble) appearance is not permitted. c. Hair- Hair shall be clean, trimmed and present a well-groomed appearance. Hair shall not extend below the top of the shirt collar. d. Sideburns- Sideburns will be neatly trimmed and tapered. They will not extend below the lowest part of the ear lobe, will be of even width, not flared, and will end with a clean-shaven, horizontal line. e. Wigs- Wigs may be worn provided they comply with the above hair regulations. 601 Page 318 III. Hair Regulations for Female Personnel: Uniformed/Non-Uniformed Assignments: a. Hair- Hair must be clean and combed. The bulk or length of hair shall not interfere with the normal wearing or detract from the normal appearance of authorized headgear. b. Wigs- Wigs may be worn provided they comply with the above hair regulations. Undercover Assignments: a. The chief shall establish grooming standards for personnel working in an undercover capacity. IV. Jewelry: Employees shall not wear jewelry that represents a safety hazard or interferes with the safe performance of their job. a. Necklaces- Uniformed personnel shall not wear necklaces that are visible while on duty. b. Earrings- Uniformed employees with pierced ears may wear post-type (stud) earrings not larger than 3/16” in diameter. Earrings shall be gold or silver in color, without decoration. Also authorized are post earrings with a small stone on a gold or silver - colored mount. Hoop-style earrings are permitted, but should not exceed ½” in diameter. Only one pair of earrings may be worn, one in each ear lobe. No other visible body piercing shall contain jewelry. c. Bracelets – Only bracelets that are used as a medic alert for a specific medical condition, and up to a limit of two (2) benefit bracelets issued by a bonafide charitable organization may be worn. V. Tattoos: No tattoos shall be visible on the head or neck above the shirt collar. Tattoos shall not extend past the wrist and must be able to be covered by a long sleeve uniform shirt. Knuckle or hand tattoos are not permitted, except for a wedding/engagement band tattoo or other band of religious or personal significance approved by the Chief of Police or his/her designee. Scarification is not permitted. Tattoos that include words, symbols or depictions meeting any criteria listed below are prohibited: • Criminal/street gang related • Misc. gangs as identified by national or regional crime enforcement networks • Obscene (Offensive or disgusting) • Sexually explicit or sexual in nature 602 Page 319 • Vulgar (lacking good taste) • Profane (treat something sacred with irreverence or disrespect) • Anti-American • Anti-Semitic • Narcotic or alcohol related • Advocate, promote or support racial, gender or ethnic hatred or intolerance • Advocate, promote or support discrimination or violence towards any race, national origin, gender, ethnicity, religion or sexual orientation or preference. • Anti-Police • Anti-Government • Anti-Military • Homemade or visually unappealing (sloppy and unprofessional). For purposes of this section, an addition to an existing tattoo is considered a new tattoo. All tattoos must be approved by the Chief of Police or his/her designee. Medical tattoos are permitted. VI. Enforcement: Supervisory personnel shall enforce all rules regarding personal hygiene, hair regulations, and the wearing of jewelry. G.P.8.15 Effective Date: April 1, 2011 Body Armor PURPOSE: The purpose of this policy is to maximize officer safety through the consistent use of soft body armor. While soft body armor provides officers with a significant level of 603 Page 320 protection, it is not a substitute for vigilance, awareness, and the adherence to o fficer safety procedures. POLICY: Uniformed officers shall wear agency approved body armor while engaged in field duties or at any other time as directed by a supervisor. Non-uniformed officers shall wear agency-approved body armor while serving arrest or search warrants or at any other time as directed by a supervisor. DEFINITIONS: Uniformed Officers- Any Sworn Officer wearing a uniform that represents the Golden Valley Police Department. A) If a uniformed officer is responding from home and driving their personal car to court they are not required to wear body armor. B) If a uniformed officer comes to the PD and gets a squad to go to court, body armor wear is required. Non-uniformed Officers - includes all sworn officers assigned to investigations or a task force. Field Duties – Duty assignments and/or tasks that place or could reasonably be expected to place officers in situations where they would be required to act in enforcement rather than administrative or support capacities. I. Exceptions: An officer may be exempt from wearing body armor under any of the following circumstances: A. When an agency approved physician determines that an officer has a medical condition that would preclude the use of body armor; or B. While serving an administrative search warrant in a non-hostile setting; or C. When an officer is acting as a member of the S.W.A.T. team and/or otherwise wearing body armor providing a higher level of protection; or D. When the Chief of Police determines an exemption is appropriate due to unusual circumstance. II. Issuance and Replacement of Body Armor: A. Officers shall wear only agency approved body armor. B. All body armor issued by the agency will comply with protective and related requirements prescribed under current standards of the National Institute of Justice at the time it is issued. C. Body armor that is worn or damaged to a degree that it is no longer effective will be replaced by the agency. 604 Page 321 D. Body armor that must be replaced due to misuse or abuse by the officer will be paid for by the officer. E. Officers are responsible for the routine cleaning, inspection, and reporting the conditions of their personal body armor. 605 Page 322 G.P. 8.16 Effective Date: September 16, 2020 Check Up For the Neck Up PURPOSE: The purpose of this program is to promote and support mental health, stress tolerance, and resiliency for all personnel. Participation in this program is mandatory for all sworn personnel. Non-sworn personnel may participate voluntarily. POLICY: Sworn officers are required to meet with a mental health professional for one hour at least once a year. The city has partnered with a licensed mental health professional and employees may elect to see the partner provider at city expense. Employees may also elect to see a provider of their own choosing at their own expense, unless given prior approval by command staff. Staff members will be asked to sign a release of information form. This will allow the provider to confirm employee attendance. Employees will be compensated for their time. Each employee may choose how he/she would like to spend the time with the mental health professional. Employees are encouraged to take the opportunity to discuss ways to reduce and manage the impact of work-related stressors. All information disclosed to a provider is confidential; however, if a staff member is in crisis and is an immediate threat to him/herself or someone else, mandating reporting guidelines will be followed. In addition to the yearly mental health check-ins, the mental health provider partner may present training to the department to promote the psychological and emotional health of personnel and may respond to offer support and services following defined critical incidents, if requested. 606 Approved by the POST Board July 22, 2021 Page 1 of 5 GOLDEN VALLEY POLICE DEPARTMENT ALLEGATIONS OF MISCONDUCT POLICY MN RULES 6700.2200 through 6700.2600 I. PURPOSE The purpose of this policy is to inform all employees and the public of procedures for reporting, receiving, investigating and disposition of complaints regarding the conduct of licensed peace officers of the (law enforcement agency). The provisions of this policy are applicable only to the investigation and the disposition of allegations of administrative misconduct. This policy does not apply to a criminal investigation. II. POLICY It is the policy of the (law enforcement agency) to accept and to fairly and impartially investigate all complaints of misconduct to determine the validity of allegations; and to impose any corrective actions that may be justified in a timely and consistent manner. III. DEFINITIONS For the purpose of this policy, the terms set forth below are defined as follows: A. Administrative Investigation: An internal investigation conducted in response to a complaint with the goal of determining whether an employee engaged in misconduct. B. Chief Law Enforcement Officer means the chief of police, sheriff, state law enforcement director or designee. Within this model policy, the chief law enforcement officer will be referred to as CLEO. C. Law Enforcement Officer means an individual who holds a peace officer license in the State of Minnesota. Within this model policy, a law enforcement officer will be referred to as LEO. D. Complainant means a person who submits a complaint to the Agency or CLEO alleging misconduct by an agency member. E. Complaint means a statement alleging behavior that constitutes misconduct. F. Member means all voluntary and compensated personnel of the agency. G. Discipline means any of the following or combination thereof:  Oral Reprimand  Written Reprimand  Suspension  Demotion  Discharge H. Unfounded means there is no factual basis for the allegation. The act or acts alleged did not occur. 607 Approved by the POST Board July 22, 2021 Page 2 of 5 I. Exonerated means a fair preponderance of the evidence established that either: 1. the agency member named in the complaint was not involved in the alleged misconduct; or 2. the act(s) that provided the basis for the complaint occurred; however, the investigation revealed that such act(s) were justified, lawful or proper. J. Not Sustained means the investigation failed to disclose sufficient evidence to prove or disprove the allegations made in the complaint. K. Sustained means a fair preponderance of the evidence obtained in the investigation established that the LEO’s actions constituted misconduct. L. Policy Failure means that the complaint revealed a policy failure. The allegation is factual and the LEO(s) followed proper agency procedure, however, that procedure has proven to be deficient. M. Respondent means an individual who is the subject of a complaint investigation. N. Misconduct means: 1. a violation of an agency policy or procedure governing conduct of agency members; 2. conduct by a peace officer that would be a violation of POST Standards of Conduct per Minn. Rules 6700.1600 O. Policies and Procedures mean the administrative rules adopted by the agency regulating the conduct of agency members. P. Receiving Authority means the entity who receives and is required to investigate the complaint when the subject of the complaint is a CLEO. IV. PROCEDURE A. ACCEPTANCE AND FILING OF COMPLAINTS 1. Complaint forms must be made available through agency personnel, at designated public facilities, and online. 2. Complaints may be received either in person, over the telephone, in writing, or via the internet. A complainant may remain anonymous. The complainant should be advised that remaining anonymous may affect the investigation of the complaint. 3. A complainant may be accompanied by an attorney or other representative at the time a complaint is filed or at any other stage of the process. 4. Employees must provide assistance to individuals who express the desire to lodge complaints against any employee of this agency. 5. The complainant must be advised of the procedures for submitting the complaint and provided with a copy of their submitted complaint. 608 Approved by the POST Board July 22, 2021 Page 3 of 5 6. The complainant should be asked to verify by signature if the complaint is a complete and accurate account. If the complainant elects not to sign, this fact must be documented and the complaint processed according to procedure. 7. The CLEO will forward a copy of the written complaint to the respondent only after it is determined that the complaint does not allege a criminal violation and the notification will not impede a criminal investigation. 8. A CLEO or Receiving Authority may delegate the duties and responsibilities required of a CLEO by this policy to an appropriate designee(s). 9. Any complaint made against a chief of police must initially be made to the city administrator, manager or mayor. Any complaint made against a sheriff must initially be made to the county attorney, the county administrator or the board of county commissioners. 10. The city administrator, manager, mayor, county attorney, county administrator or board of county commissioners must refer investigations of alleged misconduct against a CLEO to an outside law enforcement agency or criminal justice agency that has no discernible conflict of interest. B. INVESTIGATION OF A COMPLAINT 1. Upon receipt of the complaint, the CLEO must make an initial determination as to whether or not the facts alleged require an administrative investigation. If the CLEO decides that an investigation is not required, the disposition of the complaint must be cleared as “unfounded”, “not sustained”, or “exonerated.” The complainant and the respondent will be notified of this decision and the basis for determination. If the complainant supplies additional information within thirty (30) days of that initial determination, the CLEO may reverse this decision and order an administrative investigation. 2. If the CLEO determines an administrative investigation is required, an appropriate designee will be assigned to investigate the complaint. When the CLEO believes an external investigation is appropriate or when the CLEO is the subject of the complaint, the investigation will be assigned to an external agency that has no discernible conflict of interest. 3. The investigator must inform the complainant of his or her name, business phone number and the status of the complaint as soon as possible after being assigned the investigation. 4. The investigator must thoroughly investigate all allegations contained in the complaint and any other potential misconduct discovered in the course of the investigation. If the investigation reveals potential misconduct by another agency member, the investigator must report that fact to the CLEO or, in the case of a complaint against a CLEO, the appropriate city administrator, manager, mayor, county attorney, county administrator or board of county commissioners. 5. All agency members must cooperate with the investigation. When the respondent is 609 Approved by the POST Board July 22, 2021 Page 4 of 5 a licensed peace officer, the investigation must comply with the requirements of MN STAT 626.89 and acts amendatory thereto. 6. The investigator must prepare a report that contains all relevant information organized into the following three (3) sections:  Allegations: An itemized summary of the acts of misconduct alleged in the complaint. Reference must be made to those rules, procedures, orders, statutes, or constitutional provisions that would be violated if the allegations are taken as true.  Investigation: A chronological summary of the investigation including all pertinent facts obtained through interviews with the complainant, accused agency member(s), and all available witnesses. Written statements, descriptions and analysis of any physical evidence, and all other relevant information must be included.  Conclusions: The investigator’s findings and conclusions as to whether any misconduct occurred and the underlying reasons for the findings and conclusions. 7. The investigation must be completed within thirty (30) days of the filing of the complaint unless the CLEO or Receiving Authority determines there is good cause to grant an extension. The complainant and respondent must be informed of any extension. C. ADDITIONAL INVESTIGATION, REVIEW AND DISPOSITION 1. Upon completion of the investigation, the investigator must submit the report, case file and all investigative notes to the CLEO or Receiving Authority. The CLEO or Receiving Authority may require additional investigation or make one of the following decisions:  Unfounded  Exonerated  Not Sustained  Sustained  Policy Failure 2. The CLEO or Receiving Authority may postpone making a decision until any related criminal charges are resolved. The complainant and respondent must be informed of this decision. 3. If the decision is “unfounded,” “exonerated,” “not sustained” or “policy failure” the CLEO or Receiving Authority must immediately notify the complainant and the respondent of the decision. 4. If the complaint is “sustained” the CLEO or Receiving Authority will:  Issue findings of fact including a summary of the acts constituting misconduct and the specific statutes, policies, regulations and procedures violated; and  Take appropriate remedial and/or disciplinary action.  Advise the complainant of any public information regarding the disposition 5. Prior to the implementation of remedial and/or disciplinary action the respondent will be provided with a copy of the findings of fact. The CLEO, Receiving Authority and/or designee must review the findings of fact with the respondent and explain the reasons 610 Approved by the POST Board July 22, 2021 Page 5 of 5 for the remedial and/or disciplinary action. 6. The investigation may be re-opened by the CLEO or Receiving Authority at any time if substantial new evidence is discovered concerning the complaint. 7. When a “sustained” disposition is final the respondent may appeal the disposition pursuant to the rules and law governing the accused member's employment. D. MAINTENANCE AND DISCLOSURE OF DATA 1. Disclosure to the public, complainant and respondent of data collected, created or received by the agency in connection with this policy and procedure must be governed by the provisions of the MN Government Data Practices Act. Retention of data collected or maintained in connection with this policy must be retained in accordance with the agency’s “Record Retention Schedule.” 2. All data collected, created or received by the agency in connection with this policy and procedure must be maintained in accordance with the agency’s “Record Retention Schedule.” 3. The placement of the disposition report or other data in an employee’s personnel file must be governed by the agency’s personnel policy. 4. Access to data collected, created, or received in connection with this policy and procedure may only be authorized by the CLEO or the agency’s Data Practices “Responsible Authority,” and as provided by Chapter 13, the “Minnesota Government Data Practices Act,” or valid court order. E. POST BOARD REPORTING REQUIREMENTS 1. Under Minn. Rule 6700.1610, a licensed peace officer must self-report to the POST Board any violations of the Standards of Conduct for peace officers listed in Minn. Rule 6700.1600. 2. Any person with knowledge of peace officer misconduct constituting grounds for action under Minn. Stat. chapter 214, or Minn. Rules 6700.1600, may report the violation to the Board. 3. Minnesota Stat. 626.8457 Subd. 3 requires CLEOs to submit individual peace officer public and private data related to allegations of misconduct to the POST Board in “real time” via the POST Board Misconduct Reporting System. 4. A chief law enforcement officer must update data within 30 days of final disposition of a complaint or investigation. 5. Law enforcement agencies and political subdivisions are prohibited from entering into a confidentiality agreement that would prevent disclosure of the data identified in Minn. Stat. 626.8457 Subd. 3 paragraph (b) to the Board. Any such confidentiality agreement is void as to the requirements of this section. 611 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 2, 2025 Agenda Item 6A. Review of Council Calendar Prepared By Theresa Schyma, City Clerk Summary The Council will review upcoming city meetings, events, and holiday closures. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action No action is required on this item. Supporting Documents Review of Council Calendar 612 Review of Council Calendar Event Event Time Location SEPTEMBER Sunday, September 7 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, September 8 Special City Council Closed Session 6:00 PM Manager's Conference Room Tuesday, September 9 HRA Work Session (if necessary)6:30 PM Council Conference Room Council Work Session 6:30 PM Council Conference Room Saturday, September 13 Golden Valley Festival (Hosted by the Golden Valley Community Foundation)10:00 AM - 10:00 PM Golden Valley Water Tower Sunday, September 14 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 16 City Council Meeting 6:30 PM Council Chambers Wednesday, September 17 League of Women Voter’s Candidate Forum 7:00 PM City Hall Council Chambers Thursday, September 18 Building An Equitable Golden Valley Quarterly Conversation: Neighbors We Can Count On 6:00 PM - 8:00 PM Brookview, 316 Brookview Pkwy S Friday, September 19 Absentee Voting Begins for General Election 8:00 AM City Hall Sunday, September 21 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Sunday, September 28 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus OCTOBER Sunday, October 5 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, October 7 HRA Meeting (if necessary)6:30 PM Council Chambers City Council Meeting 6:30 PM Council Chambers Sunday, October 12 Market in the Valley - Last Day 9:00 AM - 1:00 PM City Hall Campus Tuesday, October 14 HRA Work Session (if necessary)6:30 PM Council Conference Room Council Work Session 6:30 PM Council Conference Room Friday, October 17 Early Voting Begins for General Election 8:00 AM City Hall Council Chambers 613