The URL can be used to link to this page

Police Policy Manual- Redacted Golden Valley Police Department General Policies Golden Valley, Minnesota Revised September 2020 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 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 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 ADMINISTRATIVE POLICIES ................................................................................................................................ 134 G.P. 4.01 ............................................................................................................................................................ 135 CRITICAL OR NON-CRITICAL EVENT NOTIFICATION ............................................................................................................ 135 G.P.4.02 ............................................................................................................................................................. 137 USE OF CITY VEHICLES ................................................................................................................................................ 137 G.P.4.03 ............................................................................................................................................................. 139 ACCIDENTS INVOLVING DEPARTMENT VEHICLES ............................................................................................................... 139 Page 5 G.P.4.04 ............................................................................................................................................................. 141 USE OF POLICE RANGE ................................................................................................................................................ 141 G.P.4.05 ............................................................................................................................................................. 142 INJURED ON DUTY CLAIMS .......................................................................................................................................... 142 G.P.4.06 ............................................................................................................................................................. 143 POLICE OFFICER DUTIES AND POWERS ........................................................................................................................... 143 G.P. 4.07 ............................................................................................................................................................ 147 DRUG AND ALCOHOL TESTING ...................................................................................................................................... 147 G.P.4.08 ............................................................................................................................................................. 154 SPECIAL ASSIGNMENT SELECTION PROCESS ..................................................................................................................... 154 G.P.4.09 ............................................................................................................................................................. 155 BLOODBORNE PATHOGEN EXPOSURE ............................................................................................................................. 155 G.P.4.10 ............................................................................................................................................................. 165 MANAGING PERSONNEL FILES ...................................................................................................................................... 165 G.P.4.11 ............................................................................................................................................................. 167 PURCHASING ............................................................................................................................................................. 167 G.P.4.12 ............................................................................................................................................................. 168 REFERRAL OF FORMAL COMPLAINTS TO CITY ATTORNEY .................................................................................................... 168 G.P.4.13 ............................................................................................................................................................. 169 ANIMAL IMPOUND/RELEASE ........................................................................................................................................ 169 G.P. 4.14 ............................................................................................................................................................ 171 OFFICER IN CHARGE ASSIGNMENT................................................................................................................................. 171 G.P. 4.15 ............................................................................................................................................................ 173 PUBLIC SAFETY DEPARTMENT FITNESS FACILITY ............................................................................................................... 173 G.P. 4.16 ............................................................................................................................................................ 174 PROPERTY SEIZED FOR ADMINISTRATIVE FORFEITURE ........................................................................................................ 174 G.P. 4.17 ............................................................................................................................................................ 178 CLASSROOM DISCRIMINATION ...................................................................................................................................... 178 G.P. 4.18 ............................................................................................................................................................ 183 TWO-FINGER RAPID IDENTIFICATION DEVICE USE ............................................................................................................ 183 SPECIAL OPERATIONS ........................................................................................................................................ 184 • G.P.5.01 .......................................................................................................................................................... 184 • G.P.5.02 .......................................................................................................................................................... 184 • G.P.5.03 .......................................................................................................................................................... 184 • G.P.5.04 .......................................................................................................................................................... 184 Page 6 • G.P.5.05 .......................................................................................................................................................... 184 • G.P.5.06 .......................................................................................................................................................... 184 • G.P.5.07 .......................................................................................................................................................... 184 COMMUNITY SERVICES ...................................................................................................................................... 185 G.P.6.01 ............................................................................................................................................................. 186 CITIZEN COMMENDATION LETTERS ................................................................................................................................ 186 G.P.6.02 ............................................................................................................................................................. 187 RIDEALONG PROGRAM................................................................................................................................................ 187 G.P.6.03 ............................................................................................................................................................. 188 PERMIT TO CARRY A HANDGUN / TRANSFEREE PERMIT / REPORTS OF TRANSFER ................................................................... 188 G.P.6.04 ............................................................................................................................................................. 191 ALCOHOLIC BEVERAGES – LICENSING & REGULATIONS ...................................................................................................... 191 G.P.6.05 ............................................................................................................................................................. 194 BLOCK PARTIES AND STREET CLOSINGS .......................................................................................................................... 194 G.P.6.06 ............................................................................................................................................................. 195 PERMIT TO USE EXPLOSIVES ......................................................................................................................................... 195 G.P.6.07 ............................................................................................................................................................. 196 LABOR MANAGEMENT DISPUTES .................................................................................................................................. 196 G.P.6.08 ............................................................................................................................................................. 197 TORNADO AND SEVERE WEATHER ................................................................................................................................. 197 G.P.6.09 ............................................................................................................................................................. 199 PROCEDURE FOR DISCONNECTING MALFUNCTIONING OUTDOOR WARNING SIRENS ............................................................... 199 G.P.6.10 ............................................................................................................................................................. 200 DOMESTIC ABUSE RESPONSE AND ARREST ...................................................................................................................... 200 G.P 6.11 ............................................................................................................................................................. 208 PREDATORY OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION .............................................................................. 208 RECORDS AND DATA MANAGEMENT ................................................................................................................. 213 G.P.7.01 ............................................................................................................................................................. 214 MINNESOTA GOVERNMENT DATA PRACTICES INFORMATION DISSEMINATION ....................................................................... 214 G.P.7.02 ............................................................................................................................................................. 222 CJDN (AND RELATED SYSTEMS) INFORMATION ............................................................................................................... 222 G.P.7.03 ............................................................................................................................................................. 224 MOTOR VEHICLE REGISTRATION AND DRIVER’S LICENSE INFORMATION TO PUBLIC ................................................................. 224 G.P.7.04 ............................................................................................................................................................. 225 Page 7 MANAGING HOT FILES ................................................................................................................................................ 225 G.P.7.05 ............................................................................................................................................................. 227 2-FINGER RAPID IDENTIFICATION USE ............................................................................................................................ 227 G.P.7.06 ............................................................................................................................................................. 229 MISSING PERSONS ..................................................................................................................................................... 229 G.P. 7.07 ............................................................................................................................................................ 231 HIT CONFIRMATIONS .................................................................................................................................................. 231 G.P. 7.08 ............................................................................................................................................................ 233 VALIDATIONS ............................................................................................................................................................ 233 G.P. 7.09 ............................................................................................................................................................ 234 SUPPORTING DOCUMENTATION FOR IDENTITY THEFT ........................................................................................................ 234 G.P. 7.10 ............................................................................................................................................................ 235 SUPPORTING DOCUMENTATION FOR PROPERTY HOT FILE RECORDS ..................................................................................... 235 G.P. 7.11 ............................................................................................................................................................ 236 COMPREHENSIVE INCIDENT BASED REPORTING SYSTEM .................................................................................................... 236 G.P. 8.01 ............................................................................................................................................................ 242 CODE OF CONDUCT .................................................................................................................................................... 242 G.P. 8.02 ............................................................................................................................................................ 250 OFF DUTY EMPLOYMENT ............................................................................................................................................ 250 G.P.8.03 ............................................................................................................................................................. 252 FIELD TRAINING PROGRAM .......................................................................................................................................... 252 G.P.8.04 ............................................................................................................................................................. 256 OFFICER PERFORMANCE EVALUATION SYSTEM ................................................................................................................ 256 G.P.8.05 ............................................................................................................................................................. 261 DEPARTMENT AWARDS ............................................................................................................................................... 261 G.P.8.06 ............................................................................................................................................................. 265 COURT APPEARANCE NOTIFICATION .............................................................................................................................. 265 G.P.8.07 ............................................................................................................................................................. 267 COMPLAINTS AGAINST EMPLOYEES ............................................................................................................................... 267 G.P 8.08 ............................................................................................................................................................. 270 INSURANCE INTERVIEWS .............................................................................................................................................. 270 G.P. 8.09 ............................................................................................................................................................ 271 USE OF FORCE AND FIREARMS ...................................................................................................................................... 271 G.P.8.10 ............................................................................................................................................................. 280 EXEMPTIONS FOR NO PARKING SIGN ENFORCEMENT ........................................................................................................ 280 G.P.8.11 ............................................................................................................................................................. 281 Page 8 LESS LETHAL EXTENDED RANGE IMPACT DEVICES ............................................................................................................. 281 G.P.8.12 ............................................................................................................................................................. 284 CRITICAL INCIDENT PROTOCOL ...................................................................................................................................... 284 G.P.8.13 ............................................................................................................................................................. 289 IMPARTIAL POLICING .................................................................................................................................................. 289 G.P.8.14 ........................................................................................................................................................... 291 PERSONAL GROOMING......................................................................................................................................... 291 G.P.8.15 ............................................................................................................................................................. 294 BODY ARMOR ........................................................................................................................................................... 294 G.P. 8.16 ............................................................................................................................................................ 297 CHECK UP FOR THE NECK UP ....................................................................................................................................... 297 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 Police 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. 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. Page 11 General Policies Page 12 Patrol Operations 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. 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 all 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 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. 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 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 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 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. 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 visibility details involving traffic control. 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. 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. 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. 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. 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 for 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 taken 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. 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 unit 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. 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 may 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. 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. 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 transportation 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, action 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 the 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. 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. 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. 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 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. 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. 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.” 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. 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. 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. 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. Page 50 B. Notification of arrival and ending mileage. C. Activation of squad camera recoding system to record the entire transport. 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 confine 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 booking 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. 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 appropriate 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. 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 Community 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. 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 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. 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 purposes. 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 contraband. 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 administration 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. 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 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. 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. 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 patrol 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. 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 reports 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. 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 for 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, 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 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 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. 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 particular 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. 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 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 officer’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. 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 recording 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 report. 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 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. 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: 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. 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. 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. 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 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). 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. 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. 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. 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 requirements 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 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. 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, training 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. 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 Control 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. 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. 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; 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. 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 Waiver 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 list 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: 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 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 full 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). 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: a) Explanation of the violation or charge Page 92 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 Page 93 Investigations 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. 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. 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 property 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 including 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. 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. 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 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 paid. 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. 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). 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. 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. 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:______________ 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:______________ Page 114 MAKE MODEL CALIBER SERIAL# Appendix B - Sample Court Order 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: 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 assaults, 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: 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 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: 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 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 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 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. 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. 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 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 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. 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. 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. 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. 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 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 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.) 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 photo display used. Have witness sign and date any photo picked. Page 134 Administrative Policies Page 135 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 Page 136 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. Page 137 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. Page 138 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. Page 139 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. Page 140 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 Page 141 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. Page 142 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. Page 143 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. Page 144 626.862 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, subdivision 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 Page 145 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 jurisdiction 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 violator will be completed at that time. Page 146 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. Page 147 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. " Page 148 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. Page 149 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. Page 150 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) acknowledge 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 licensed 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. Page 151 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 following 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. Page 152 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 the 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 following: 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 Page 153 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. Page 154 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 defined 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. Page 155 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 the 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. Page 156 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 Page 157 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 Page 158 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 review 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. Page 159 • 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 serious 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 Page 160 • 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. Page 161 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 Page 162 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 record 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. Page 163 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) Page 164 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 have 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 1910, 1030 pg. 64182. EMPLOYEE____________________________________________DATE___________ Signature PUBLIC SAFETY REPRESENTATIVE_____________________________________DATE____________ Signature Page 165 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. Page 166 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. Page 167 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. Page 168 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 grounds 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. Page 169 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. Page 170 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. Page 171 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. Page 172 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. Page 173 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. Page 174 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. Page 175 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 Page 176 notice form. If the person refuses, the peace officer conducting the seizure must check the 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. Page 177 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. Page 178 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 written 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 another. 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. Page 179 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 believable 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 Page 180 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. Page 181 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 disciplinary 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 issue 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 Page 182 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. Page 183 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 who use the Rapid Identification System in a manner inconsistent with policies, state and federal law will be subject to discipline. Page 184 Special Operations Information redacted regarding Special Operations: • G.P.5.01 • G.P.5.02 • G.P.5.03 • G.P.5.04 • G.P.5.05 • G.P.5.06 • G.P.5.07 Page 185 Community Services Page 186 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. Page 187 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. Page 188 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. Page 189 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. Page 190 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. Page 191 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. Page 192 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 to 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. Page 193 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. Page 194 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 the 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. Page 195 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. Page 196 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. Page 197 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. Page 198 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. Page 199 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. Page 200 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 Page 201 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 Page 202 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: Page 203  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 arrest i. 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." Page 204 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. Obtaining 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 Page 205 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). Page 206 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 Page 207 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. Page 208 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. Page 209 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 Page 210 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. Page 211  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. Page 212 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. Page 213 Records and Data Management Page 214 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 public 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 Page 215 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. Page 216 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, within 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 identities 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 Page 217 • 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. Page 218 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 Page 219 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 injured 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; Page 220 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: Page 221 (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 the 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 Page 222 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. Page 223 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. Page 224 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 Page 225 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. Page 226 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. Page 227 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 criminal 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. Page 228 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. Page 229 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. Page 230 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. Page 231 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. Page 232 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. Page 233 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. Page 234 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. Page 235 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. Page 236 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. Page 237 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 outputted to a printer, will be generated using the data subject information provided and the report will be given to the data subject. Page 238 *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 criminal investigation and/or a pre- employment background check will be verified by contacting the responsible agency. Page 239 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 Page 240 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. Page 241 Department Standards Page 242 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 Page 243 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. Page 244 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 the Page 245 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. Page 246 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. Page 247 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. Page 248 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. Page 249 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. Page 250 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. Off 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. Page 251 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 intermediate 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. Page 252 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 evaluation 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 probationary 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 Page 253 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 Page 254 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. Page 255 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. Page 256 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. Page 257 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 their performance evaluated under this policy with the addition of a written performance evaluation prior to the completion of their probationary period. Page 258 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. Page 259 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 high 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 Page 260 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 Page 261 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. Page 262 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. Page 263 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. Page 264 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. Page 265 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 jurisdiction 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. Page 266 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 Page 267 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. Page 268 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. Page 269 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. Page 270 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. Page 271 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 Page 272 circumstances known to or perceived by the officer at the time, rather than with the benefit of 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: Page 273 a. obtained training in the technical, mechanical and physical aspects of the device; and 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. Page 274 D. De-escalation: 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 Page 275 iii. must be addressed through the use of deadly force without unreasonable delay; or 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. Page 276 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 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 investigated 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. Page 277 c. Other firearms may be issued and/or assigned as needed by the Chief or his/her designee. 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 Page 278 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. 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 Page 279 use is consistent with department training and established law regarding baton/impact weapon usage. 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). Page 280 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. Page 281 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 Page 282 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. Page 283 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. Page 284 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 Page 285 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. Page 286 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 Page 287 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. Page 288 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. Page 289 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. Page 290 • 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. Page 291 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. Page 292 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. Page 293 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 Page 294 • 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 Page 295 protection, it is not a substitute for vigilance, awareness, and the adherence to officer 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. Page 296 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. Page 297 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.